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DeSilva said robbery accused were innocent

A lawyer yesterday put a member of his own firm on the witness stand to defend his client.

Archibald Warner made the unusual move in the 11th day of the Supreme court trial of accused bank robbers Rupert Elroy Archibald and Michael Eugene Dillas.

Both men deny two counts of armed robbery, and carrying and using firearms in the robbery of some $37,500 from the Bank of Bermuda in Somerset last year.

Earlier in the trial, Yusef Ameerbakka DeSilva -- who already pleaded guilty to his involvement in the heist -- identified the defendants as his accomplices.

But yesterday, Kevin Bean -- a two-month pupil at the Juris Law Chambers -- challenged DeSilva's testimony.

Mr. Bean admitted he had been present in court "from time to time'' and had been taking notes, but said he had no other involvement with the case.

However, he also said he accompanied Mr. Warner, Victoria Pearman, and Renee Foggo of Juris Law to the Westgate Correctional Facility in mid-August to interview DeSilva and the two defendants as a "learning experience''.

During one conversation, DeSilva was asked what evidence he had to give in regard to the charges against Archibald and Dillas, Mr. Bean recalled.

"He replied by saying he had no evidence to give against Mr. Archibald or Mr.

Dillas as they were not involved in the matter, and that he was prepared to be a witness on their behalf to that effect,'' Mr. Bean told the nine-woman, three-man jury.

"He (DeSilva) questioned Mr. Warner as to whether he would have to name those persons who were in fact involved in the robbery and he appeared quite reluctant in this regard,'' Mr. Bean continued.

Mr. Bean later told Crown counsel Brian Calhoun he learned DeSilva would be testifying against the defendants mid-way through the trial.

But Mr. Calhoun pointed out that Archibald claimed to have known DeSilva would testify against him the day before the trial started.

Mr. Bean also admitted that he took no notes during the interview.

"I was there as an observer,'' he said. "It was a learning experience.'' Also appearing yesterday for the defence was Archibald's former girlfriend, Lisa Caines, of Horseshoe Road, Southampton.

Ms Caines -- who lived on Lighthouse Hill in 1997 -- said Archibald spent the night before the robbery at her home.

According to Ms Caines, Archibald left her home around 7 a.m. and told her he was going to work.

Ms Caines also said she knew Michael Dillas as an old friend and frequent visitor to her house, but did not know of DeSilva before the incident.

Under cross-examination by Crown counsel Patrick Doherty, Ms Caines reluctantly admitted she still had feelings for Archibald. But she added: "I have my life, he has his.'' Ms Caines also said she had heard "stories from a long time before'' that Archibald had been involved with guns, but had never seen him with any.

"I told him if it was so, I didn't want any of that around my house,'' she said.

At the conclusion of the defence's case, Mr. Warner addressed the jury.

He said there was no doubt that the trial was "controversial, high profile and serious'', but cautioned the jurors not to be swayed by rumours.

"Let me be blunt about it,'' he said. "Bermuda is a small place, everybody knows everybody's business.'' "I would not be surprised if you have heard lots of rumours about Mr.

Archibald,'' he continued. "You have heard some of those rumours start to creep into the witness box.'' Mr. Warner then attacked DeSilva's claim that the two defendants were his accomplices.

He said many "crucial'', "cleverly disguised'' lies had been told during the trial because "DeSilva thinks he is clever''.

"Yusef DeSilva gave his evidence because he has something to gain,'' Mr.

Warner said.

He said based on DeSilva's own testimony and security camera video footage, DeSilva was clearly the gang's leader.

"You heard evidence from him to puzzle people,'' Mr. Warner continued. "He knows this case inside and out. Not only against himself, but also against Archibald and Dillas.'' And he said the convicted robber ran "hot and cold'' and should not be considered a credible witness.

"DeSilva is a rat. He told you that. He gave up his best friend,'' Mr. Warner charged.

"We know that the Police took a statement, offered him a deal,'' he continued.

"The reason why he changed his mind was because he had consideration for his daughter. We all have consideration for our children.

"Did he consider what jeopardy he was putting his daughter's future in when he tried to murder the bank guard?'' Mr. Warner asked.

Mr. Warner then argued that the Crown's "circumstantial evidence'' was not enough to prove his client's guilt.

"The Crown says just because Mr. Archibald was found in an expanse of woods, with some guns and articles of clothing, that he is guilty.

"That would be wrong,'' he said.

Mr. Warner argued that the "expanse of bushes'' where Archibald and Dillas were found by Police was large enough to allow different people or groups of people to move in and out without ever seeing each other.

And he said no evidence was found to link any of the recovered items -- including guns, clothing, a Police scanner, and an escape boat -- to the defendants.

He suggested that gunshot residue found on Archibald's clothing actually came from the hands of Police officers who searched him.

"The Prosecution is saying we are going to take Yusef DeSilva's lies and put them with these suppositions and say that these two men robbed a bank in Somerset,'' Mr. Warner said. "That can't be done.'' "If you add zero and zero and zero together, you still get zero,'' he concluded.

The case continues today before Chief Justice Austin Ward.

Yusef DeSilva