Armed bank robbers have their convictions upheld
Two robbers who took part in an armed hold-up at the Bank of Bermuda have failed in their bid to have their convictions quashed.
Court of Appeal judges on Wednesday upheld the convictions of Rupert Elroy Archibald and Michael Eugene Dillas for the heist at the Somerset branch of the bank in April 1997, which netted $37,500.
Archibald, 38, was jailed for 30 years and Dillas, 33, was sentenced to 18 years.
At their Supreme Court trial last year, the jury heard that Archibald entered the bank with two other gang members and fired a single pistol shot into the air to frighten staff and customers while Dillas watched the getaway bikes outside.
After the robbery, the four fled in a rented boat and were chased by Police in a boat.
Dillas and Archibald entered a defence of alibi, claiming they were smoking marijuana in Riddell's Bay Golf Course when the robbery took place. Police discovered the pair hiding in bushes at the golf course with the paraphernalia from the robbery lying feet away.
The fourth gang member, who is believed to be out of the country, was named at the trial as Travis Dill.
Archibald's lawyer Philip Perinchief had argued that there was nothing to identify his client other than the evidence of gang member Yusef Ameerbakka DeSilva, who was jailed for 18 years after testifying against his three accomplices.
He also argued that as DeSilva had pleaded guilty, he should not have been named on the same indictment as Archibald because it was prejudicial.
In addition, he claimed that references had been made to DeSilva's previous convictions, which was also prejudicial.
Julian Hall, appearing for Dillas, claimed there was no proof that his client was aware that guns were to be used in the robbery.
But Court of Appeal President Sir James Astwood -- sitting with Sir Derek Cons and Philip Clough -- rejected the applications to have the sentences quashed.
They also rejected an appeal by Dillas to have his 18-year sentence reduced.
In his written judgment, Mr. Justice Cons said there was nothing in law to suggest DeSilva should have been removed from the indictment or that his removal would have helped Archibald.
He said the trial judge, Chief Justice Austin Ward, had warned the jury that they were to ignore a reference made at the trial to Archibald and Westgate prison.
In addition, Archibald had volunteered that he had a criminal record and that was why he had said he had hidden in the bushes when he heard the Police.
Mr. Justice Cons said the judges were "unable to accept the suggestion that the assistance said to be provided (by Dillas in looking after the bikes) was ex post facto (after the event)''.
Mr. Hall claimed that -- if Dillas's alibi was rejected -- although his client was in a house before the robbery when guns were handed out, he did not necessarily see them or know of their existence.
Mr. Justice Cons wrote: "When one looks as a whole at the evidence and in the absence of anything to suggest the contrary, we find it impossible to accept that Dillas may not have known; in particular, he was at Dill's house on the morning a gun was handed by Archibald to DeSilva.
"We are satisfied that any reasonable jury properly directed would have come to the same conclusion. No miscarriage of justice has occurred.''
