Missing 4th man shakes remorse claims

(CNS): A number of questions over the fate of three men charged and convicted of a daylight jewellery store robbery on New Year’s Day last year were raised in court Wednesday. Justice Charles Quin queried if the failure of the robbers to identify the fourth man, who escaped during the chase, undermined the remorse they have shown for their crime.

The court hearing had been originally scheduled for the judge to deliver his sentencing ruling in the high-profile case against Christopher Myles, James McLean and Jonathan Ramoon, who have all pleaded guilty to a daylight armed robbery at Diamonds International 1 January 2014. But Justice Quin had requested further submissions from the director of public prosecutions (DPP) and the three defence attorneys in the case regarding a number of issues. One of those issues was how much weight the court could give to what was described as genuine remorse in the social enquiry reports given that the fourth man had never been caught.

Asking DPP Cheryl Richards QC and the defence attorneys about the issue, Justice Quin said that he was not “attempting to get behind” the information supplied to the court in the social enquiry reports but he was concerned that a fourth man who had taken part in the robbery had not been identified. He noted that all four men had gone to the robbery in the same car, as a gang, and had all planned to escape together.

Despite the heartfelt remorse shown by the convicted men and their admissions of guilt, supported by the social enquiry reports, the judge pointed out that they had still not assisted police in identifying the remaining culprit.

The judge said he was well aware of the reasons why people would not necessarily want to identify a criminal accomplice but he warned that it could “reduce the value” of the remorse. He said the circumstances in this case were very different to someone who comes clean and not only admits their own responsibility but tells the entire truth about the crime and all of the accomplices. In this case a robber, the judge said, “was still at large”.

The DPP said that she believed it did undermine the claimed remorse but there were obvious risks for those who are identifying accomplices.

The three defence attorneys in the case representing the now convicted robbers all noted that their clients were not aware of the identity of the fourth man as this was a last-minute situation in a poorly planned heist.

Nick Hoffman, John Furniss and Irvin Banks, the attorneys representing the robbers, all said there was no obligation on their clients to identify anyone else who may have been involved if they did not know them. But even if they could assist the police, given that there is only one prison, the size of the islands and the lack of witness protection, the risks associated with such a step were significant.

In addition to the queries over the fourth man, the judge pressed the attorneys over the timelines relating to the guilty pleas. The serious injuries sustained by Ramoon when he was run over by the police commissioner in the chase after the robbery and the protracted negotiations relating to the firearms charges against Myles and McLean had delayed the formal admissions by all of the men. The defence attorneys pressed the court for as close to the maximum one third discount as possible as they said the delays were not the fault of their clients.

The judge also questioned the lawyers over the severity and category of the crime, as the defence and the crown had differing opinions on the sophistication of the robbery. Having listened to further submissions from all parties, Justice Quin adjourned the case until Monday 19 January, when he said he would deliver his decision. However, before the adjournment the judge paid tribute to a number of people, some of whom asked to remain anonymous, who were part of the efforts to foil the getaway.

The netting of the three men started with Police Commissioner David Baines, who was off duty at the time but spotted the escaping villains and chased and then crashed into the getaway vehicle in his own car.

However, the judge observed that after the robbers abandoned the getaway vehicle, several members of the public physically apprehended the robbers and wrestled them to the ground. Although putting themselves at risk and getting injured in the melee, they had managed to hold on to three of the four men until the police arrived.