A man accused of possessing a semi-automatic pistol has walked free from a Cayman court after a jury unanimously cleared him of the charge.
The Grand Court jury took about an hour to return a not guilty verdict on Tiquan Raheem Forbes, who was accused of illegal possession of a Springfield Armory XD-40 handgun.
Justice Cheryll Richards KC told Forbes on Wednesday, 15 Oct., “The jurors have returned a verdict of not guilty against you.
“It means you are discharged on this indictment. You are free to go and all bail conditions are discharged.”
The prosecution case hinged on DNA evidence from the weapon, which a forensic science expert testified was “overwhelmingly” likely to be from the defendant.
The firearm was found in a children’s Paw Patrol backpack when police searched a house in Spotts Breeze, Newlands, on 1 June 2022.
Tests on swabs taken from the firearms turned up DNA said to be from Forbes.
One showed DNA from four people, but the “major contributor” was found on comparison with DNA from Forbes to have a 72 sextillion chance that it was his, rather than from someone related to him. A sextillion is 26 zeros.
The other showed a 28 quintillion (18 zeros) chance that the DNA came from Forbes rather than someone else.
Christian Taylor, of the Cayman Islands Forensic Science Laboratory, told the jury on Tuesday, 14 Oct. that “80% to 90%” on one of the swabs was likely to be from Forbes.
But Forbes told the court he had never seen or touched the weapon. He said he had no explanation for how his DNA had got on it.
He added he did not know any of the three other people said to have left their DNA on the handgun and that he had never visited the house where it was found.
Forbes said in an earlier prepared statement to police, “If my DNA is on the firearm and, as yet, I do not know any of the details, there must be an alternative explanation for it.”
The court heard Forbes had also given a “no comment” interview under question from police.
Forbes told the jury that he had declined to answer questions on the advice of his lawyer.
The occupant of the house where the gun was found later admitted conspiracy to import firearms and ammunition and possession of the Springfield Armory weapon.
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On the face of it, how can the jury verdict be justified. Did they base their decision simply on the defendant’s word. This type of case should be a judge alone process.