Witness can't recall phone messages after CNB robbery

Marlon Dillon maintains police promised he would be relocated

Confessed robber Marlon Dillon completed his evidence Thursday against four men he said were involved in the June 2012 robbery of Cayman National Bank in Buckingham Square.

Standing trial are David Tamasa, Rennie Cole, George Mignott and Andre Burton. Defense attorneys have asked Dillon if he named these men because he was afraid to name the real robbers. Dillon has said no.

On Wednesday, attorney Paul Keleher asked him about phone records showing his Blackberry BBM exchange of messages with someone named “Untouchable” hours after the robbery while Dillon was still hiding. Asked who that was, Dillon said he couldn’t recall.

Mr. Keleher, who represents Burton, quoted various messages. “Untouchable” says Dillon’s wife is crying and police are still talking to her. “Untouchable” says police are taking Dillon’s things from his house and Dillon replies he hopes they don’t take his attaché case. Dillon agreed his attaché case was important because it contained his family documents.

Later, Mr. Keleher quoted “Untouchable” as saying “Run boy” and “Stay low.” Dillon again indicated that he could not recall.

On Thursday, Mr. Keleher asked Dillon who promised him assistance in being relocated to the U.K. Dillon has said several times he hoped to be reunited with his wife and children.

Previously, he had said he did not recall who promised him.

Mr. Keleher read from a previous statement in which Dillon said he had an interview with three officers he named who made promises to him before his confession. The attorney asked why Dillon had told this jury that he had no idea who made the promises.

He replied, “I can’t recall anything about that – because it was irrelevant at the moment.”

Asked later what he meant by irrelevant, he replied, “I mean I’m reluctant to focus in on giving individual names.”

Dillon was asked about a letter sent by his attorneys to a senior member of the Office of the Director of Public Prosecutions in November 2013, before he was sentenced.

The letter states that the attorneys intended for Dillon to give evidence before sentencing. The evidence would cover promises made to him by police officers that he was to be relocated with his family in the U.K. It noted that no one with the authority to do so had accepted in writing that any assurances had been made to Dillon.

The letter accepted that Dillon’s attorneys were not present, and there were no notes or recordings.

It was anticipated that Dillon would give evidence of visits to his cell by Deputy Commissioner Stephen Brougham and two detectives on Oct. 30, 2013, “where promises were again made to him about relocation to the U.K.”

The letter Mr. Keleher read from also referred to visits when Commissioner of Police David Baines and Governor Helen Kilpatrick went to see him in Sept. 2013, but the visit was not recorded in the custody record.

The letter also referred to a visit Dillon would give evidence about – this one on Nov. 5, 2013 from Mr. Baines and the Foreign and Commonwealth Office Minister Mark Simmons, “again not recorded on the custody record to show Mr. Dillon was again spoken to in the absence of his requested legal advisors…”

The letter suggested consequences that could be devastating. If Dillon gave evidence and the court found that he was made promises, those promises could be perceived as inducement to give evidence. Any suggestion that they were not made would call into question the officers’ honesty or Dillon’s. That in turn would affect the convictions already secured through Dillon’s evidence or those the Crown was seeking to procure.

Mr. Keleher charged that Dillon was “trying to blackmail the DPP.”

Dillon replied that he didn’t wish to discuss it.

“You’re saying, ‘Give me what I want or you’ll have to call me a liar,” Mr. Keleher said.

“I’m not getting anything out of this,” Dillon replied.

It was agreed that Dillon did not give evidence at his sentencing hearing.

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