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Jury to decide alleged bank robber's fate

expected to begin deliberating later today.Francis, 27, of Stadium Heights, Devonshire,

expected to begin deliberating later today.

Francis, 27, of Stadium Heights, Devonshire, is charged with possessing a handgun and acting with Che Pennyman in robbing the Southampton Princess branch of the Bank of Butterfield of more than $20,000 on October 14, 1994.

Pennyman has pleaded guilty to the offence and is serving a 12-year prison sentence.

Francis is alleged to have provided the nine millimetre handgun that Pennyman used during the robbery.

Police also allege that Francis waited outside the bank and was the rider of the get-away vehicle.

Yesterday, Crown counsel Mr. Khamisi Tokunbo described the prosecution's case as open and shut and very simple.

He said that Pennyman, the person most likely to know, testified that he robbed the bank with Francis who was originally supposed to enter the bank with the gun and the bag and demand the money from a teller.

But at the last minute Francis changed his mind which meant that Pennyman ended up going into the bank, firing one shot into the ceiling and demanding the money. Francis, Mr. Tokunbo charged was "the bandit that remained on the bike (because) he chickened out.'' Mr. Tokunbo argued that there was no question that Pennyman walked into the bank but Francis was the person who enabled Pennyman to do what he did.

"He provided the gun and the transportation. He rode him there and away from the offence.'' However, Francis' lawyer Mr. Archie Warner said the Crown's witnesses were for the most part not credible.

"They are all tainted and are people of bad character,'' Mr. Warner said.

"The defendant is no sweetbread. He's no angel himself but all the prosecution's witnesses have fallen short of the glory of God.'' Mr. Warner said that Pennyman was an admitted liar.

Consequently, there was enough reasonable doubt in the Crown's case to acquit his client.

Mr. Warner said that Pennyman had lied while he was giving evidence because he wanted to protect a third party. Moreover, Mr. Warner said that the "keen'' off-duty Police officer who was outside the bank when Pennyman came out with the money and the gun could not identify Francis or the cycle that was used.

Similarly, Mr. Warner said there was no scientific evidence that the handgun that Police say was used was really the correct one.

Furthermore he said Police could have checked the weapon because they had the cartridge and a spent round left at the scene.

"Their expert witness told you the gun was taken overseas and tested,'' he said. "But he did not tell you the results of the tests. Why haven't you been told this? That evidence was available.'' Mr. Warner said it was true that some of the money from the robbery was found on Francis because his role was to collect a payment from Pennyman for Robert Wilson since Wilson had supplied the gun in the first place.

Presiding Judge the Hon. Mrs. Justice Wade will finish her directions on the law this morning and the jury will be left to consider its verdict this afternoon.