Senior Justice Jon Isaacs said he needed more time to consider the submission of an attorney’s motion for a retrial order to be used against his client in regards to the armed robbery of John Bull.
The judge deferred his decision concerning David Collins and whether or not he should be retried on armed robbery to December 4
Collins, 33, and Jonathan Armbrister, 35, appeared before Senior Justice Isaacs to be re-arraigned on charges from the previous trial since the jury was unable to reach an acceptable majority verdict.
Both men were accused of robbing John Bull’s Bay Street store for 12 watches last May, collectively worth almost $400,000.
During the raid, the masked robbers used a hammer to shatter the display cases and steal the expensive watches. An accomplice was armed with a rifle and a third man drove the getaway car.
Another suspect, Jasper Curry, stood trial with the pair in May earlier this year. However, Curry was acquitted of armed robbery when Justice Indra Charles directed the nine-member jury to return a 9-0 not guilty verdict against him.
On October 31, the nine-member jury delivered verdicts on charges of conspiracy to commit armed robbery, armed robbery and other charges related to the incident.
Both Armbrister and Collins were found guilty of conspiracy to commit armed robbery.
Both men were found not guilty of armed robbery, though in Collins case, the 5-4 verdict was not acceptable in law. On the alternative charge of receiving, Collins was found guilty along with being convicted of causing damage.
After being sentenced in connection with conspiracy to commit armed robbery on November 7, Justice Charles noted that Collins, who received 20 years for his part in the plot to rob John Bull, would be sentenced for his receiving and causing damage convictions after a retrial on the armed robbery charge.
Last week, Collins pleaded not guilty to armed robbery and receiving with Armbrister, charged with only receiving, also pleaded not guilty.
However, following the accused men’s arraignment, Geoffrey Farquharson, Collins’s attorney, submitted that the armed robbery charge could not stand and should be struck out because his client was convicted of the alternative charge of receiving and not armed robbery.
Senior Justic Isaacs said that he needed time to re-consider the submission of Mr. Farquharson and deferred the decision to December 4.
