Lawyers sum up in case of $4,000 Telco armed robbery
yesterday heard lawyers' final submissions.
Fubler, 22, of High Point Lane, Devonshire, denies robbing security guard Warren Foggo of more than $4,000 belonging to The Bermuda Telephone Company's St. George's branch last June.
Mr. Warner told jurors they could not convict if they believed the evidence given during the trial was contradictory.
"Notwithstanding that Fubler is here, the Police and the prosecution have the wrong man. The evidence does not prove, and in light of the many inconsistencies in witness testimony, this is very important. The prosecution's case hinges on Fubler's alleged confessions.'' Mr. Warner told jurors they could not act on Fubler's confession if they did not believe the confessions were true. The lawyer reminded the jury of Fubler's claim he made the confessions to alibi his brother and best friend, Kenneth Dyer, because Fubler thought Dyer had committed the robbery.
Mr. Warner told the jury that "apart from the so-called confessions, there is no evidence.'' The defence lawyer reminded the jury of Fubler's claim he made up the confessions from what he read in The Royal Gazette the day following the robbery.
"The confessions are totally unreliable. In their statements, witnesses described the robber as being tall and dark-skinned. And more importantly, the other two Police suspects were dark-skinned men.
Mr. Warner pointed out that Fubler's explanation for making false statements to the Police was that he "was involved in drugs and did not want to get a brethren in trouble''.
Crown Counsel Mr. Philip Storr said, "The defendant was arrested shortly after the crime, tried to dispose of a substantial sum of money, lied to Police at the station and later confessed.'' The Crown Counsel said if Fubler told the Court his statements to Police were lies, how could the jury believe anything he said? Mr. Storr asked why Fubler would not claim his innocence from the beginning.
"If he was innocent from the beginning, isn't that the moment to say, `Look, it wasn't me?' Isn't that the automatic action of an innocent man? Fubler said he made statements to the officer to guarantee the release of his mates. Why wasn't that put to the Police officers on the stand? "This defendant has tried to confuse the issues and cover his trail.'' Puisne Judge the Hon. Mr. Justice Ground will deliver his final summations to the jury on Monday before sending it to deliberate.
