The Grand Court has returned guilty verdicts against the two people accused of a 2020 robbery at the Tortuga liquor store in Governor’s Square.
Sitting side-by-side in court on Friday, 25 Feb., Richard Nash and Kasnique Cupid listened as Justice Marva McDonald-Bishop convicted them on a charge of robbery, following a judge-alone trial.
The robbery occurred 7 Feb. 2020 shortly after 9pm when two men, brandishing knives and with their faces covered, entered the liquor store and demanded cash from an employee, who was assaulted during the incident.
They made off with CI$2,361 and US$181. They fled in a white Toyota Noah which was parked in a nearby vacant lot.
Nash was identified as one of the two men who robbed the store, and Cupid is alleged to have either been the getaway driver or in the car when they fled the area. The second man was never identified.
“The prosecution’s evidence is largely circumstantial, that is to say, that when combined the evidence spins a detailed and convincing yarn of defendants’ guilt,” explained McDonald-Bishop as she summarised her 57-page judgment.
The case against Cupid
When considering Cupid’s guilt, McDonald-Bishop said, among other things, she took into account Cupid’s previous employment at the liquor store, which provided inside information to enable the offence; her proximity to the scene when it occurred; her motive; and her conduct before and after the incident.
“She had inside knowledge of the crime scene that was integral to the robbery,” said McDonald-Bishop. “CCTV returned a partial match to the licence plate of a white Toyota Noah, which is understood to have belonged to her.”
The judge added, “As for motive, it is clear that she needed money to make a payment for her vehicle which was due to be repossessed… and that pending repossession was stopped after she made a payment in full shortly after the robbery.”
McDonald-Bishop said there was also cellphone evidence that proved Cupid was in contact with Nash shortly before and after the robbery.
“Despite the break in CCTV footage, this court is of the mind that the defendant (Cupid) retained control of the vehicle… and even though there are 59 other White Toyota Noah vehicles on the island, I am convinced that the one in question was in fact the vehicle belonging to the defendant,” said the judge.
“I reject Mrs. Cupid’s lies that she had no knowledge or involvement in the robbery,” said McDonald-Bishop, who pointed out inconsistencies between Cupid’s initial police statement and her testimony during the trial.
The case against Nash
McDonald-Bishop then turned her attention to Nash, who she said was convicted using a similar set of circumstantial evidence.
“In the case of Mr. Nash, there is cellphone evidence that shows him wearing similar clothing as robber number one,” said McDonald-Bishop. “Those clothes were also retrieved from his house during a search.”
McDonald-Bishop explained that although Nash did not give evidence during his trial, she did not believe the information he provided at the time of the initial police interview.
“When asked by officers about the phone number of a cellphone which was retrieved from your person, you told officers you could not remember,” said McDonald-Bishop. “I find this hard to believe. As for the rest of your interview, which was largely no comment, I draw an inference that you made no comment because there was no plausible or believable reason that you could give to explain your innocence.”
The judge said she relied on messages between Nash and Cupid, which alerted Cupid when they had committed the crime and were in need of a ride.
Remanded into custody
After convicting both defendants, McDonald-Bishop then raised the question of bail.
Cupid’s attorney Johnathon Hughes asked that her bail be continued on the grounds that she was not a flight risk and she had cooperated with all bail conditions since being arrested and charged. He added that the additional time would give Cupid a chance to put her affairs in order.
Attorney John Furniss, standing in place of Crister Brady, who represents Nash, made a similar appeal. He added that Nash was also wearing an electronic monitoring tag that would alert the authorities of his whereabouts in the event he failed to appear for his sentencing.
Prosecutor Garcia Kelly opposed that request on the grounds that the defendants’ robbery convictions excluded them from being granted bail in accordance with the bail law.
McDonald-Bishop then refused bail, noting that “following their convictions I’m not sure the defendants will be as keen to see me as I will be to see them on sentencing day”.
Both defendants were remanded into custody and will be sentenced on 29 May.
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