R v Bustillo (Carlos Jameel) and Rankine (Daniel Wallace) - Verdict Judgment

¶ ```html 1 IN THE GRAND COURT OF THE CAYMAN ISLANDS 2 CRIMINAL SIDE 3 4 INDICTMENT NO：39，67 & 68 of 2019 5 6 7 8 9 10 THE QUEEN 11 v. 12 CARLOS JAMEEL BUSTILLO 13 & 14 DANIEL WALLACE RANKINE 15 16 17 Appearances： 18 Mr. Greg Walcolm Crown Counsel for the Crown 19 20 Mr. Rupert Wheeler for Defendant Carlos Bustillo 21 22 Mrs. Prathna Bodden for Defendant Daniel Rankine 23 Before： 24 Justice Marlene I. Carter (Actg.) 25 Judge Alone Trial： 26 2nd，6th，11th，12th，25th November 2020 27 11th-15th January 2021 28 Delivery of Decision： 29 12th February 2021 30 31 HEADNOTE 32 Criminal Law-Conspiracy to Commit Burglary- 33 Possession of unlicenced firearm-Attempted Murder 34 35 38 JU 36 39 VE 40 41 DGMEN 42 RDICT T Verdict Judgment：R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39，67，68/2019. Coram：Carter J. (Actg.). Date：12.02.2021 Page 1 of 47 ```
```html 1. The defendants are charged as follows: a. Defendants #1 and #2 are jointly charged with the offence of Possession of an unlicenced firearm contrary to s.15(1) and 15(5) of the Firearms Act (2008 Revision) b. Defendants #1 and #2 are jointly charged with the offence of Conspiracy to commit burglary contrary to s.243 (1)(a) of the Penal Code (2019 Revision). c. Defendant #2 is charged with the offence of attempted murder contrary to s.194 of the Penal Code (2019 Revision.) 2. Defendant #1 has pleaded guilty to the charge of Conspiracy to Commit Burglary. THE LAW ON JUDGE ALONE TRIALS 3. The Cayman Islands Court of Appeal (CICA) has given some guidance on the duties of a Judge in a Judge Alone trial. In K. Richards v R 1 Rowe JA, stated: “When a trial judge sitting alone has advised himself to the applicable principles of law, and given himself any necessary warning, he must indicate clearly in his judgment his reasons for acting as he did in order to demonstrate that he has acted with the requisite degree of caution in mind and has therefore heeded his own warning. No specific form of words is necessary for this demonstration, what is necessary is that the Judge’s mind upon the matter should be clearly revealed.” 4. In Randy Martin v R 2 , Mottley JA stated as follows: “A judge sitting in a criminal case without a jury, in rendering his decision and giving his reasons for so concluding in not required to react and to deent on whic 1 2001 CILR 496 2 CICA Crim. Appeal No. 2/2010 (Ind. 27/2009) Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 2 of 47 ```
```html 1 5. As in all criminal trials the burden is on the Crown to prove beyond a reasonable doubt that the 2 Defendants are guilty of the offences for which they are charged on the Indictment. There is no 3 burden on a Defendant to prove that he is innocent. The Defendants have no obligation to prove 4 that they are not guilty, or to explain the evidence offered by the Prosecution. 5 6 6. I remind myself that I must have regard to the whole of the evidence that has been presented at 7 trial and form my own judgment about that evidence. The questions of fact at issue on this trial 8 are for me to determine. 9 10 7. I will not review every single detail of the evidence presented in this case during the course of this 11 judgment, but I will address my mind to the important or prominent aspects of the evidence in 12 deciding the critical issues in this case. I will not decide every single point that has been raised - 13 only such matters that will enable me to determine whether the charges on the indictment have 14 been proved. 15 16 8. I must consider all of the evidence in this case against each defendant separately and if after having 17 done so, I have any reasonable doubt as to whether either of the Defendants is guilty, I must 18 resolve that doubt in favour of that Defendant and find him not guilty of the offence for which he 19 is charged. 20 21 9. On the other hand, if having considered the evidence I am satisfied so that there is no reasonable 22 doubt in my mind, and I am sure of the guilt of either of the Defendants for any of the offences 23 for which they are charged, then it will be equally my duty to find him guilty as charged of that offence 24 25 26 27 Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 3 of 47 ```
THE EVIDENCE AT TRIAL

¶ [10] Section 34(1) of the Evidence Act (2019 Revision) allows for Proof by formal admission and reads: ``` "Subject to this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the prosecutor or defendant, and the admission by any party of such fact under this section is, as against that party, conclusive evidence in those proceedings of the fact so admitted."

¶ [11] Pursuant to s.34 (1) of the Evidence Act two Statements of Agreed Facts - "Agreed Facts" and "Agreed Facts 2", were introduced into evidence. I have considered all of the evidence agreed and presented within these statements.

¶ [12] The Agreed Facts set out the background of the Crown’s case and paragraphs 1 – 13 of the Agreed Facts document presented to the Court read as follows: i. Jamar Radcliffe Timothy and the defendant, Carlos Jameel Bustillo, are known to each other. Jamar and Daniel Wallace Rankine know each other from seeing each other about. Jamar is related to Carlos Jameel Bustillo. ii. Carlos Jameel Bustillo is also known as "Biggs". iii. On or around the 25.04.2019 and 26.04.2019 Jamar resided in West Bay; Carlos Jameel Bustillo resided at 25 Eli Bush Street, West Bay, Grand Cayman. iv. On the morning of 26.04.2019 at approximately 1:24 am, the residents of No. 877 West Church Street, George Town, were awoken by Jamar who --- **Verdict Judgment:** R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 4 of 47
was banging on their door and shouting "help me I have been shot". One of the residents, who was an EMT, went and assisted Jamar, whom he noticed was suffering from, what appeared to him to be two gunshot wounds, one to the left eye and the other to the right shoulder. The resident observed that Jamar was bleeding from these wounds and appeared agitated. The resident then contacted 911. v. The police arrived at No. 877 West Church Street first and secured the location. They found Jamar on the premises and observed his condition to be stable, though he appeared agitated. They asked the victim what had happened and he responded saying, "he drop me off and he shoot me." vi. The EMT's arrived soon thereafter and took custody of Jamar and transported him to the GTH for treatment. vii. The police were able to identify the open lot immediately in front of No. 877 West Church Street as the scene of the shooting. The open lot appeared dark as there were no lights shining in the open lot area. viii. The police processed the scene, to include No. 877 West Church Street and the open lot in front of that premises. The photographs of the scene are exhibited hereto as Exhibit 4. ix. The police recovered two .380 calibre spent casings were recovered from said open lot. x. Whilst at the George Town hospital and prior to undergoing surgery PC Wade Gordon spoke with Jamar. PC Wade Gordon stated that Jamar **Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021** Page 5 of 47
```markdown appeared intoxicated, however he gave his name as Jamar Timothy. Jamar told PC Gordon that he went to Cotton Club and had some drinks (Alcohol) and when he was ready to leave he got a ride. There were other people in the vehicle and he identify them as Biggs, Jahneil, Paul Bush and a brown man. Jamar also stated that on entering the vehicle he fell asleep and woke up when he was somewhere in South Sound. Jamar told PC Gordon that he was shot with a black handle gun by a brown skin man. xi. Jamar was also briefly spoke with ADCI Sean Bryan whilst he was at the hospital and before undergoing surgery. xii. At the time when Jamar was initially assisted by the citizen and thereafter the police and EMT Jamar was wearing a grey short sleeve T-Shirt, light khaki coloured short pants and a black and white slippers. The police later seized and photographed his clothing. The photographs of Jamar’s clothing is exhibited hereto as Exhibit 5. # MEDICAL TREATMENT OF JAMAR TIMOTHY xiii. Jamar was treated at the George Town Hospital. On the 2.05.2019 Dr Maeve O’Doherty made the following notes: “April 26th – 2.30am – called to review a patient in A + E by Dr. Campbell. Patient noted to have a gunshot injury to left eye. On examination at 3 a.m. I noted that there were fractures of the left eye with orbital floor, ethmoid, sphenoid, maxillary and maxillaht…ar floor and a bullet in right pre auricular area. These injuries were consistent with a bullet entering left eye and ``` **Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021** Page 6 of 47 ```
```html 1 traversing through eye, behind nose and lodging in 2 right cheek. He was also noted to have a bullet in right 3 upper lung with entry wound in back. He was taken to 4 surgery at 7.30am and repair of globe rupture 5 performed. Extensive damage to eye not consistent with 6 any vision. Seen post op and noted to have no vision in 7 left eye. Right eye normal. Risk of sympathetic 8 ophthalmia to right eye explained. It was decided by 9 patient on my advice to remove left eye to reduce risk 10 of sympathetic ophthalmia. I removed left eye on May 11 2nd. I recovered bullet from right cheek + repaired left 12 eyelid lacerate. I am of the following opinions：(a) This 13 condition is serious. (b) These injuries are consistent 14 with infliction by gunshot injury. (c) These injuries are 15 likely to be permanent." 16 17 18 13. In addition, the Crown's Opening detailed how the Crown put its case against these 19 defendants and I now set out paragraph 5 of the Crown's Opening Note： 20 21 "Jamar provided an ABE interview to the police, whilst still in hospital, on 22 27.04.2019. He thereafter provided two further ABE interviews. He gave the 23 following account of how he came to be shot and injured on the morning of 24 26.04.2019： 25 i. He stated that he went to Bustillo's home where he spoke to him about a 26 plan to rob/burgl a premises that night. Whilst speaking with Bustillo, 27 Rankine was present and they all agreed to the plan. 28 ark coloured 29 a dl Honda motor cycle with 30 Rankine in 31 the passenger 32 Esso Service Station, close by the original KFC by Dog City. Bustillo bought Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 7 of 47 ```
```html 1 $ 3 petrol and came out of the vehicle to pay the pump attendant. They then 2 left and went towards the Smith Cove area. 3 iv. They drove to the area where the house was that they intended to burgle but 4 after he and Rankine went to check and saw that the lights in the house were 5 on, they decided to abandon that plan. He and Rankine went back to the 6 vehicle and left. 7 v. Whilst in the vehicle he saw Rankine pass a small black firearm that he 8 described as a .22 calibre, to Bustillo, who then fired the gun. 9 vi. They continued to drive around and returned to the area they first went to 10 and stopped in the open lot across from 877 West Church Street. He and 11 Rankine got out the vehicle and Bustillo remained in the vehicle. He was 12 then shot twice by Rankine who immediately returned to the vehicle, which 13 was then driven away from the location. 14 vii. After he was shot he went across the road to get help. The police and EMT's 15 arrived shortly thereafter." 18 14. The Crown presented the evidence of a number of witnesses. For ease of reference, the 19 first defendant will be referred to as “Bustillo” and the 2nd defendant as “Rankine” in 20 the following. 22 OFFICER RUSSELL THESE 24 15. Detective These was the CCTV officer in the case. After reviewing CCTV footage from 25 various government CCTV cameras located in West Bay and George Town, as well as 26 CCTV footage from Ugland House at South Church Street in George Town and from 27 the E Station at Tand Eastern Station at West Bay Road and East in Avenue, he 28 Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021

¶ [1] He concentrated primarily on one vehicle, which is accepted to be driven by Carlos Bustillo on the night in question. The vehicle was a black Honda CRV, registration number 177482, first visible in West Bay and could be traced from West Bay to George Town.

¶ [2] The evidence of Officer These is that the vehicle driven by the defendant Bustillo went to the residence of Caleb Orrett and from that residence, the complainant entered the vehicle. This evidence is not in dispute. That the vehicle travelled from West Bay to George Town to the ESSO service station is not in dispute. That the complainant was in the vehicle in the back seat during that journey, with Bustillo as the driver and Rankine as the passenger in the front seat of the vehicle is also not in dispute.

¶ [3] At 12:41 a.m. the vehicle left the Service Station, Bustillo was still the driver of the vehicle. The vehicle turned left onto North Church Street and travelled south, into George Town via Harbour Drive into South Church Street.

¶ [4] Officer These related that the next time that the vehicle is seen on the CCTV was at 1:10:59 am, as it travelled in the opposite direction, northbound into George Town from South Church Street. The 911 call from the residence at 877 Church Street, close to the area in which the shooting took place and where the complainant went after he was shot, was made at approximately 1:23:43 am. Approximately 10 mins before the 911 call the vehicle was seen travelling from the South Sound area into George Town.

¶ [5] The vehicle continued north-bound unto West Bay road at 1:16:34 and continued unto theets Highway est Bay. ``` ```latex \documentclass{article} \usepackage{geometry} \usepackage{graphicx} \usepackage{hyperref} \usepackage{amsmath} \usepackage{amssymb} \usepackage{amsthm} \usepackage{amsfonts} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} \usepackage{amstext} 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```markdown # JAMAR RADCLIFFE TIMOTHY

¶ [21] Jamar Radcliffe Timothy, the complainant, related to the court that Bustillo is his cousin. He knows him by the nickname "Biggs" and he knew where he lived in April 2019. He stated that he did not know Rankine. His evidence was: > "I don’t know Daniel Rankine. I don’t know him. When I say I don’t know, I know him from, only from that night, I know him the 25th of April."

¶ [22] He related that on the 25th of April he went to Biggs’ house, driven in a car by Caleb Orrett. When he went there he saw Biggs who spoke to Caleb and he also saw Rankine who was inside the house. The complainant was seated and remained in the passenger seat of the car. When he left Biggs house then he went back to Caleb’s residence. He The complainant stated that he remained at the residence and he went to sleep. He related: > "After I fell asleep I got forced to come on a mission I ent know nothing about. When I say forced, be bad me up. Biggs. I was outside the house when he bad me up. When I say he bad me up, he had the gun and he tell me say I need to go on a mission he need a lookout. This happen at Nina house, outside of the house. Nina’s yard have a big tree in front of their yard. This was by the car that he bad me up. No one else was there when he bad me up. One mission I don’t know about the mission he never told me about it. Only the time he reach to the spot he told me about it."

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Smith Cove. He described this as 'the destination'. He stated that he had fallen asleep after they left the service station and that when they reached to the destination he got bullied out of the car by Biggs. The complainant stated: Biggs roughed me up. Just pull me out of the car. Daniel was in the front seat when B pulled me out of the car. After B pulled me out of car, he got back in the driver's seat." The complainant stated that he and Rankine then went to a house near to where the vehicle stopped. He stated that it was Rankine who told him where to go and that he knew that the plan was for him to be the lookout. He stated that when they went close to the house, he could see people on the balcony, and he stated that he was not going inside. The complainant stated that when he told Rankine that he was not going inside the house, Rankine asked him if he was "punking out." He went on to relate as follows: "After D said that to me and I replied, we were going back to the car and then he shot me. We were walking back to the car and after that I turn around and I saw the gun in my face and he shot me two times and he ran in the front seat of the car and the car took off. When we were walking back to the car Biggs was inside the driving seat. When D ran to the car after shooting me 2 times Biggs was inside the car. The car did already start up. I got shot in my eye and my back. It is my left eye. I lost my left eye. I got shot in the right side of my back." "When I turned around and saw the gun it was close up. [Witness indicates and Court estimates 5-7 feet.]" The car was already start up, I know because how he shot me, because he got in the car and it took off the same time, it had already start. Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 11 of 47
The document appears to be a transcript of a witness statement or court testimony. Here is the transcription with the provided structure: --- The gun I was shot with. It was black. I can't say anything else about the gun. I saw Daniel pointing the gun at me before he shot me. ...he just point the gun to me and shot me. Like that. [Witness demonstrates, pointing gun forward.] When he shot me, I heard it, it was "POW". When I was shot, I feel pain, in my eye. Never felt nothing in my back. After vehicle sped off, I just wrapped up face with my own shirt and I went to end of the road and I saw a woman taking out her cat litter and I asked for help if she could call 911. I asked her if I could get some water. ...The house was on the top of the road in relation to where I was shot in the dark area. I walk there. I was feeling in pain. I wrapped up eye so it could be safe I don't want no dirt or dust in my eye. It was my left eye that I wrap up. Plenty blood was coming from my eye." ---

¶ [25] The complainant stated that he was not attacking Rankine when he was shot. He went on to say that when he was shot, they were at the second destination, that is, the second house that they had gone to with the intention of committing robbery that evening. At the first destination he saw Rankine select the gun and as they went, he saw that there were lights on in the house so they went back to the car. The place where he was shot was at the second destination. ---

¶ [26] The complainant also described that the defendant Biggs had the gun before they went to the second destination. His evidence in chief was as follows: "Inside the car B set out one big shot through the window. When B let off shot through the window the car was in the destination where we was inside the ditch B let off the shot, after we went to the 1st house. When B let off shot, it was going to tire the plenty down the passenger seat." --- The document is a part of a verdict judgment for the case "R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace)." The indictment numbers are 39, 67, 68/2019. The court is presided over by Carter J. (Actg.) and the date of the judgment is 12.02.2021. This is page 12 of 47. ---
```html 1 Before B let off shot the gun was sitting on top of his waist or somewhere I don't rem 2 where he put it. B let off shot through the window. He just push it through the 3 window and he shot it off and pull it back in [witness demonstrates]. When he let of 4 shot I heard POW and that's it. The gun that B had it was black. Based on what was 5 happening it was the same gun that B let off that D shot me with." 6 27. The complainant related that he had gone to the destination to be a lookout. He knew 8 that the plan was to rob. The plan was told to him at the destination by Biggs. At the 9 time that Biggs told him the plan Rankine was in the car. The complainant stated: 10 “Before this night I did not have any beef with B. I did not have issue with that boy. 11 I did not have any issues with D before the shooting. The gun the one b let off shot 12 was the same gun that D shot me with. B gave D the gun. B gave D the gun when 13 he was in the front seat. B gave D the gun after he let off the shot, he give it to him. 14 D I don't know what he did with the gun when B gave it to him. He just had it on top 15 of him. When going to 1" house, D select the gun. I mean he select it in front of me 16 when we went to destination that we took. Select - it like this. Pull it back.” 18 28. The complainant described being taken to hospital by ambulance after he was shot. 19 “I lost my left eye because I was shot. I did not wear glasses before, I had two eyes. 20 I am wearing them now because my other eye is damaged. My right eye had 21 fragments from the bullet. My back after I was shot my back is numb. I can't feel 22 my back. Because I was shot nothing else has happened to me. My vision is blurry. 23 It was not blurry before I was shot.” 25 29. He remembered that he was interviewed by the Police on the 27th of April 2019. He 26 stated that at the time of the interview he was frustrated and in pain. 27 30. Thet was cross eively by cou 28 29 en questione for Bustnow 30 in which he said that the first time he saw the gun was when the little boy gave it to Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 13 of 47 ```
Biggs (Bustillo) in the car. He stated that he did not remember saying this to the police and that what he did say to them was that Biggs gave him [the passenger] the gun. It was put to the complainant that he never said to the police in his first statement to them that Biggs had ‘bad him up with a gun’ before they left the Orretts’ residence although the police had invited him to tell them what had happened in as much detail as possible. The complainant stated that he did not mention this because he felt frightened and threatened, because “he [Biggs] could come back and try and harm me.” When it was suggested to the complainant that when he had gone on to tell the officers that Biggs had a gun and also that he shot it off, he could not really have been frightened, the complainant insisted that he had told the police about the gun. Q: ...you did not mention to either of the officers on that day that you had been badd up with a gun by Biggs at the Orrett house, did you? R: Yes sir, I told the officers that. I don’t know if he put it in the statement. I told him that....I told the officers everything I know The complainant was questioned about the time immediately before the shooting took place. His evidence was Q: OK. So from what you have told us, you weren’t focusing on Daniel this whole time when you were walking from the car to the house and then back is that fair: A: No sir, I not focus on top of him. Q: When you got shot it happened very quickly yes A: Yes sir Q: You ge eye? A: Yes sir Q: Were you shot from behind? A: Yes ... Q: Did he shoot you in the back, so he was standing behind you Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 14 of 47
```html 1 A: Yeah, he shot me in the eye, I turned my back to him and that's when I get the shot [in the back]. 33. In relation to the gun, he stated that the gun that Daniel used was the same gun that Biggs had shot him with. He said that it was not a guess, that he was looking at the gun as it was pointed at him. The complainant denied that it was he who had suggested going on a mission to commit the robbery. 34. When questioned by counsel for Rankine, the complainant stated that he named a person ‘Kelly’ as being the shooter, because he remembered Biggs saying something about Kelly. He agreed that he asked his uncle about ‘who the boy was that hang with Bigg’. Further in cross examination he stated that he knew who shot him but that he didn't know his name. 35. The complainant stated that the person who shot him had a bandanna over his face, and over his head, a black bandanna. The complainant stated that he was asleep from West Bay to the Gas Station and although he woke up at the Gas Station he went back to sleep as they left the gas station until they got to South Sound at the destination. 36. The complainant confirmed that he had got the name Kelly from Biggs and also that his mother had gone onto social media to search for a name. He stated that he did not ask his mother to go on Facebook to search up the boy Kelly and that he never said that to the police in his interview. 37. Fumplainant re 24 ther, the collated that 27 Rankine the complainant insisted that he never said in court that Biggs had shot him even after the court transcript was read over to him. He denied that the reason that he did ``` ```latex \begin{table} \begin{tabular}{|c|c|c|} \hline 1 & A: & Yeah, he shot me in the eye, I turned my back to him and that's when I get the shot [in the back]. \\ \hline

¶ [33] & In relation to the gun, he stated that the gun that Daniel used was the same gun that Biggs had shot him with. He said that it was not a guess, that he was looking at the gun as it was pointed at him. The complainant denied that it was he who had suggested going on a mission to commit the robbery. & \\ \hline

¶ [34] & When questioned by counsel for Rankine, the complainant stated that he named a person ‘Kelly’ as being the shooter, because he remembered Biggs saying something about Kelly. He agreed that he asked his uncle about ‘who the boy was that hang with Bigg’. Further in cross examination he stated that he knew who shot him but that he didn't know his name. & \\ \hline

¶ [35] & The complainant stated that the person who shot him had a bandanna over his face, and over his head, a black bandanna. The complainant stated that he was asleep from West Bay to the Gas Station and although he woke up at the Gas Station he went back to sleep as they left the gas station until they got to South Sound at the destination. & \\ \hline

¶ [36] & The complainant confirmed that he had got the name Kelly from Biggs and also that his mother had gone onto social media to search for a name. He stated that he did not ask his mother to go on Facebook to search up the boy Kelly and that he never said that to the police in his interview. & \\ \hline

¶ [37] & Fumplainant re & \\ \hline 24 & ther, the collated that & \\ \hline 27 & Rankine the complainant insisted that he never said in court that Biggs had shot him even after the court transcript was read over to him. He denied that the reason that he did & \\ \hline \end{tabular} \end{table} ``` ```latex \begin{flushleft} \textbf{Verdict Judgment: R v Bustillo (Carlos Jameel) \& Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021} \end{flushleft} ``` ```latex \begin{flushright} Page 15 of 47 \end{flushright} ```
```html 1 not say who shot him to the person who assisted him after he was shot and called an 2 ambulance was because he did not know who shot him. He insisted that he knew who 3 shot him. 4 5 38. He agreed that he was given the name Daniel Rankine by his uncle and that this was 6 before he was shown the array of photographs by a police officer. He denied that his 7 mother or uncle showed him a photograph. However, he agreed that before the police 8 showed him the photos, he saw a photograph of Daniel Rankine on Cayman Marl Road, 9 an online media outlet. He saw this was while he was at the hospital. He stated that he 10 saw the name Daniel Rankine beneath the picture on Cayman Marl Road. 11 39. The complainant was also questioned about his observations of Rankine in the car when 12 he was awakened and pulled out of the car: 13 14 A： I got jerked out of the car and got bad up by him [Biggs]，miss. 15 Q and the little boy as you have described him，was sat in the front passenger 16 seat，yes，with his back to you? 17 A Yes，he sit in the passenger seat miss 18 Q and he’s got a hood on，is that right? 19 A no ma'am. I don't remember seeing him in no hood miss 20 Q but you told us today that he had a what over his face 21 A a bandana. 22 23 40. In re-examination the Complainant stated that the shooter was facing him when he was 24 shot in the eye. He stated that although Rankine was wearing a bandana when he got 25 out of the car that he pulled down the bandana just before he shot him，and he saw his 26 27 face. Hthe face. ot say for hc could see e do being his time as He could now long h the c escribed t 28 29 41. He was asked to clarify his knowledge of Rankine before the incident and he said： Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39，67，68/2019. Coram： Carter J. (Actg.) Date： 12.02.2021 Page 16 of 47 ```
```html 1 “I don't know him from nowhere. I never met him. Only know him from that night. 2 That what I trying to say. I only know him from that night. I don't know him from 3 nowhere. That what I trying to say. I don't know him. only that night I know him.” 5 6 42. The complainant clarified that he saw Rankine's face at Biggs' house earlier in the day. 7 He, Rankine, was inside the house and the complainant was in the car outside the house. 8 He stated that he was in the car which was close to the doorstep and he could see inside 9 the house. The complainant pointed out the distance and this was estimated at 15-20 feet 10 away. The complainant related that there was nothing blocking his view of Rankine's 11 face and could only say that he never stayed parked there too long. When he was asked 12 how long he saw Rankine's face for he stated: “I never paid attention sir, to him sir. I 13 just came there to get my stuff and leave.” 14 15 OFFICERS MARCIA CODNER AND RICHARD SCOTT 16 17 43. The witness statements of Officer Marcia Codner and of Officer Richard Scott were read 18 into evidence pursuant to the Evidence Act. Officer Codner confirmed that she prepared 19 a Photo lineup which contained the photograph of the defendant Daniel Rankine and 20 also photographs of eleven other individuals. There were two sets of photos, MSC#1 21 with photos only and MSC#2 with names attached to the same photos. 22 23 44. Officer Scott's evidence was that he attended at the George Town Hospital with these 24 photographs in ao identifi 25 cat 26 ion packaScc 27 ge. 28 Further asked Mr. Timothy if since his admission into the hospital, if he had seen any picture or video of the man who shot him either on social media or on the television to which he answered no he did not even had a phone. I further asked Mr. Verdict Judgment: Rv Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 17 of 47 ```
```html 1 Timothy if during his stay at the hospital if anyone had shown him any photo or 2 video of the man who shot him, he said no.” 3 45. He related that when he opened the package he asked the complainant to look at the 4 photos in MSC#1, to circle any photo he identified and to sign his name beside or under 5 6 He left the complainant with the photos and the complainant circled image number 7 7 and wrote his name at the bottom of it. The complainant said to the officer: “see him 8 officer, the boy that shoot me is him this, ‘im name Kelly.” The photo shown by the 9 complainant corresponded with the named photo Daniel Rankine in MSC#2. 10 11 SAMARA EBANKS 12 13 46. Samara Ebanks, the complainant’s mother, was sworn and tendered for cross 14 examination. The salient aspects of that cross-examination was as follows: 15 16 “The following day I was informed that he had been shot and I went to the hospital. 17 When I went to the hospital, Jamar told me something and he said was Biggs and 18 someone else there that shot him. 19 20 He told me he had problems with the person before. I know who Biggs is. I did not 21 know who the other person was. He told me he had problems with that person before 22 he couldn’t remember his name but told me he would be able to recognize him. He 23 told me that this individual, he hung out with Charles Walton. 24 25 After I got that information I decided to make my own checks. I found out that the 26 person was Daniel Rankine. I told my brother Charles Michael and asked him if he 27 now any body hanging with Rankine. I did not tell him the name 28 29 30 Daniel Rankine. Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 18 of 47 ```
```html 1 ‘Kelly’，I did not give him [Jamar] the name Kelly. Jamar came out with that name 2 Kelly. I don’t know where he heard name Kelly from，but he did not get that from 3 me.’ 4 5 ADS NEVRON BRADSHAW 6 7 8 47. Officer Bradshaw conducted an ABE interview with the complainant on the day 9 following the shooting. He was also the officer who conducted the interviews of each 10 of the defendants. 11 12 48. His evidence relating to the interview with the complainant： 13 “After the interview on 27 of April，I did not have any suspect after the first interview， 14 Bustillo was interviewed on the 1st May. After that first 15 interview I did not have any additional suspects. After the 3rd May interview，I had 16 an additional suspect. Mr. Rankin became a suspect，named in Bustillo’s second 17 interview on 3rd May.” 18 19 49. During Cross examination by counsel for Bustillo，the officer stated： 20 21 Q：On the first interview you asked Mr. Timothy whether he was ok going 22 forward with the interview and he said he was. On second interview you 23 asked him，you knew he was in the hospital and may have had discomfort 24 and if he feels uncomfortable at any point to let you know. 25 26 A：I did，I felt if he was not able to continue with the interview，I would not 27 interview him. Equally，if I did not feel he was well enough to continue 28 with the interview，if I saw signs he was not well enough to be interviewed 31 interview him on occasion. 29 I wopped. On having that it 30 to interview u 32 other wise 33 The questions from counsel for Rankine and responses of the witness were： Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39，67，68/2019. Coram： Carter J. (Actg.). Date：12.02.2021 Page 19 of 47 ```
```html 1 2 Q： In three interviews he [Jamar Timothy] gave three different names. 3 A： I don't recall that. 4 Q： In the first interview, he described him as a little boy. In the second 5 interview I remember he said Kelly and then later on he mentions Rankin. 6 A Yes. 7 ..... 8 I am an investigator of at least 10 years. I was concerned about the 9 differences in his account. 10 ..... 11 I was concerned about the differences in his account with the names and 12 the identification of the second person. 13 Q： In the 3rd interview is the first time you go through truth or lie evidence 14 with him. Was that to make sure that you were getting best evidence form 15 him. 16 A： That is correct. 17 18 19 51. Under re-examination the witness responded： 20 21 “I was referred to 3 different names given by Jamar about the shooter, based on 22 interviews I did, the 3 interviews. ... it [the information from the interviews] was 23 consistent that one other person outside of Biggs he was talking about the 2nd 24 person, little boy, Kelly and Rankin.” 25 26 27 52. Each of the defendants’ interviews was tendered into evidence： 28 29 30 31 THE FIRST DEFENDANT'S (CARLOS BUSTILLO'S) INTERVIEW 32 34 The of his at 33 The ant Bustillo interviewed on 34 first defend was 35 36 Verdict Judgment：Rv Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram：Carter J. (Actg.). Date： 12.02.2021 Page 20 of 47 ```
```html 1 he could be seen, he sought to clarify that early hours meant from 5：00 a.m. onwards. 2 He answered "no comment" to questions asked of him during that interview. 3 54. Bustillo was interviewed under caution in the presence of his attorney on 3.05.2019， at his request. During the course of this 2nd interview Bustillo stated that on the evening of the incident he was at his West Bay home address at 25 Bush Street in the company of Rankine when Jamar attended his house and called out to him from just outside using the name "Biggs" He went outside and met Jamar and they had a conversation. Thereafter， in the presence of Rankine， Jamar told them that he wanted to "go on a move." Bustillo stated that he understood the move to be a burglary. He stated that he agreed to go on "the move" but only as the driver. 55. He stated that Jamar then left with Caleb Orrett telling him he was heading to Caleb's house. He and Rankine remained at his house for a small amount of time and then made their way to Caleb's home also in West Bay. He was driving a black 4 door Honda CRV and Rankine sat in the left front passenger seat. 56. When he arrived at Caleb's home， Rankine exited the vehicle but remained on the porch. Jamar was also at the location and he， Bustillo， went inside and spoke to Jamar. He and Rankine got back into the vehicle as before， Jamar sat behind him. After they drove around in West Bay for about five minutes Rankine suggested that they go to Town. He agreed and drove into George Town. He stopped at the gas station at Dog City where he br his vehicle 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 7
```html 1 driving, and identified the heavyset male wearing the shorts as himself. He identified the 2 other male in the photo as the pump attendant to whom he paid the $3 for the gas. 3 4 58. Bustillo stated that Rankine suggested going to South Sound and after he left the gas 5 station he travelled along the waterfront toward South Sound. He stated that just before 6 reaching the South Sound area Rankine removed a gun from his front jacket pocket. He 7 stated that Rankine passed the gun to him and instructed him to “BUSS ONE.” He stated 8 that he complied with Rankine’s instructions by firing a shot through the open car 9 window while driving. He stated that he then returned the gun to Rankine who placed 10 the gun in the same front jacket pocket. 11 12 59. He then drove down to the South Sound dock and turned around. Rankine then instructed 13 him to drive to a dark open lot off the main road where he stopped the vehicle. Rankine 14 and Jamar then exited the vehicle, while he remained inside. After a few minutes he 15 heard a gunshot, then another seconds later. Rankine came running back to the vehicle 16 and told him to drive and he sped off and headed directly to his home address at Bush 17 Street in West Bay. 18 19 60. Bustillo related that he asked Rankine about Jamar and Rankine told him not to worry 20 about that. Rankine told him to say the incident was an ambush. He stated that he was 21 contacted by Jamar’s mother on the morning of the incident, and it was she who told him 22 that Jamar was “licked in the eye.” 23 24 He stated that he a ne to leavnd 25 He related that he got rid of the phone and the phone chip he used on the night as well Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 22 of 47 ```
```markdown # THE SECOND DEFENDANT'S (DANIEL RANKINE'S) INTERVIEW

¶ [62] Rankine's interviews were also tendered into evidence by the prosecution. Rankine was interviewed under caution on 21.06.2019.

¶ [63] Rankine denied being involved in the shooting of the complainant. He stated that he had no reason to shoot anyone. The defendant confirmed that he went to Bustillo's yard in Old Bush Street, West Bay some time ago where he stayed for about a night. He stated he was there making music on a computer. He stated that while he was there Bustillo told him about an informer who had caused police to search his yard and that he was going to hurt him. He related that sometime after this conversation with Bustillo he heard about the shooting but really it was none of his business.

¶ [64] As far as Rankine could recall on the day in question, while he was at Bustillo's home, a male, who Bustillo later told him was "the youth" attended the location. He stated he did not see the person but Bustillo referred to the same youth and said that his name is Jamar. He stated that he observed Bustillo take out a container from the refrigerator and go outside but he did not see any of the persons himself.

¶ [65] Rankine stated that after the decision was made that Bustillo took him to Town to pick up some clothes. He recalled that he had gone with Bustillo to a residential address in West Bay and that he had seen a male known to him as ``` ```html 63. Rankine sometimes came to the location 25 Rankine stated that after the decision was made that Bustillo took him to Town to pick up some clothes. He recalled that he had gone with Bustillo to a residential address in West Bay and that he had seen a male known to him as ``` ```latex \begin{equation} \text{Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021} \end{equation} ``` ```markdown Page 23 of 47 ```
Franklyn there. He stated that after that visit he and Bustillo had gone back to Bustillo’s home, that Biggs left him there for a few hours and then he drove him (Rankine) to his dad’s address in Windsor Park to get some clothes, left him there and he had not seen Bustillo since. Rankine was asked about Jamar and whether Jamar was in the car on this night or any night that he went to George Town with Bustillo. He stated that he knew Jamar but he was charged up (drinking) that evening and could not quite recall if Jamar was in the vehicle that evening. Later in the interview the Rankine clarified that “the youth” was in the car and that they went to South Church Street. He stated that he went to George Town intending to get his clothes, that he fell asleep in the vehicle and woke up to realise that Bustillo did not transport him to the Windsor Park address as agreed, but instead had gone to South Church Street. He stated that he got upset with Bustillo, got out of the car and started walking towards his dad’s address in Windsor Park. Rankine’s account was that Bustillo then drove off from the location and within minutes came speeding back towards him. He stated when he got back into the vehicle, Bustillo told him that “Dat little fool picked it up” and that he hoped the youth was dead. When Bustillo started to drive towards West Bay Rankine demanded that Bustillo let him out of the vehicle and Bustillo stopped on the road and let him out. He exited the vehicle and was lp by a friencto his father’s address. Rankaving or handling a gun of a gun in b de mentiont Bustillo on o but stated ma and that he had seen an object resembling the shape of a gun in Bustillo’s pocket on the day in question. He stated that Bustillo always boasted about having a gun and that based Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 24 of 47
```html 1 on how he was acting that night, he believed Bustillo was armed. He also said that he 2 saw something black that looked like a handle of the gun when Bustillo was in the car. 3 70. He related that when Bustillo had come speeding back he looked frightened and shaken. 4 Rankine said that after he got into the car he did not see Jamar in the car and he asked 5 Bustillo for him and Bustillo said to him “he just get this thing and that what him get for 6 informing”. 7 8 9 71. Rankine stated that he did not go back to West Bay with Bustillo because he believed 9 that Bustillo did something and he told him to let him out of the car. He stated that he 10 did not make checks to find out what happened to Jamar because that was not his 11 concern. 12 13 14 72. Rankine was asked if he is called by any other names and he said he does not have any 15 other name. He was asked if he is called “Kelly” and he said no. He denied having any 16 involvement in the shooting and he had no reason to do it. 17 18 19 73. He insisted that he was not in possession of a firearm and he did not give any gun to 20 Bustillo to burst a shot in the air. He stated that he owns three hoodies and he does not 21 have any red Vans shoes and he does not have any red shoes. 22 23 24 74. He denied that he conspired with Bustillo and Jamar to commit burglary on the night in 25 question. He insisted that he went to George Town to get some clothes at his father’s 26 house. He stated that Bustillo told him that he had a gun and that it is a .380. He stated 27 that have a firea 28 he does notrm and o ```
```markdown # FORENSIC EVIDENCE OF THE FIREARM

¶ [75] The evidence presented relating to the firearm was as follows: i. The bullet recovered from the right cheek of Jamar Radcliffe Timothy and the two .380 spent casings recovered by the police from the open lot were forensically examined 3 . ii. The results of those examinations are: Comparison of the two .380 spent casings found similar class characteristics. Individual characteristics indicate they couldn’t be identified or excluded as being fired in the same firearm. However, these cartridge cases had similar damage due to being discharged in a firearm not designed for the .380 cartridge. Swelling and splitting of the cartridge case mouth indicate they were likely fired in a 9x18 Makarov. Examination of the fired bullet revealed negligible rifling present. This is also due to being fired from a firearm not designed for the .380 cartridge. This also is indicative of being fired from a 9x18 Makarov. 4

¶ [76] Paragraphs 6-11 of the “Agreed Facts 2” document read as follows:

¶ [6] At approximately 06:17am on the same day, SOCO Rankine returned to the location and conducted a search. She noted that there was a considerable amount of trash seen, most appearing weather or aged. She observed a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen, which were photographed and a piece of paper, which was marked with a 380 casing mark. She further noted that there was a piece of paper with writing and a pen,
```markdown 380 auto spent casing was discovered, marked as 9. Other items were seen in the vicinity of the casings, including a can and a condom. The casings were visually examined but no marks were observed on either casing. The casings were processed through superglue fuming. No fingerprints of interest were recovered. On the 3rd May 2019, the Honda CRV (agreed to be the one driven by Carlos Bustillo on the 26th April 2019), was examined. A visual examination with an Alternative Light Source as conducted of the interior of the vehicle to identify areas of potential gunshot residue. Samples were collected from a number of potential areas of interest, including the steering wheel, gear knob, glove compartment, back of front passenger's seat, side of middle rear headrest, driver's and front passenger's interior doors, and an area on the rear left interior frame. On the 8th May 2019, a gunshot residue/particles test was conducted on the areas of interest identified above. The test gave a negative result for the presence of GSR. Further checks were made for any possible damage or spent casing in that area. The result was negative. Neither Defendant, Carlos Jameel Bustillo nor Daniel Wallace Rankine, have ever been issued with a valid Firearms Users Certificate issued in the Cayman Islands. The parties asked further questions of the expert who forensically examined the .380 spent casings. On the 12th November 2020, those questions were answered in the following way: Q: Can the .380 cartridges and bullet that he examined in relation to this matter be fired from a .22 caliber firearm? A: No, the .380 cartridge and bullet are too large to fit into a .22 caliber firearm. What cartridges are usually or are meant to be used in the 9x18 Makarov? ```
```html 1 A： The 9x18 Makarov is designed to function with 2 the 9x18 Makarov? 3. Q： Is there a .22 caliber 9x18 Makarov? 4 [A]： No there is not. 9x18 Makarov is the 5 designation of the Cartridge the firearm is 6 designed to use. If a firearm is designed for .22 7 caliber it would so be designated in the firearm 8 description." 9 10 THE CASE FOR THE DEFENDANTS 11 12 77. At the close of the prosecution's case each of the defendants elected to give evidence on 13 oath. 14 15 78. I remind myself that I must assess the evidence of each defendant in the same objective 16 and dispassionate manner as I would any witness for the prosecution. I remind myself 17 that if I don't accept the evidence of either of the defendants that I cannot convict a 18 defendant because I do not believe his account. I must return to the prosecution's case 19 to look for evidence that the prosecution has proved its case to the requisite standard 20 before I can find a defendant guilty. If the Crown's evidence does not reach that standard 21 so that I am sure of a defendant's guilt them my verdict must be not guilty. 22 23 79. As I assess the evidence presented by the prosecution against the defendants, the 24 evidence must be assessed against each defendant separately, the burden being on the 25 proseove its case 26 of the indic against ent 26 site stand acl 27 coun tment. and on each 28 ecution to pr to the rec 29 of the indic quis 1 defenda 30 Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 28 of 47 ```
```html 1 80. Bustillo who is only before this court on the count of possession of an unlicenced 2 81. firearm, maintained much of what he said in his second interview with regard to how the 3 82. incident unfolded. 4 83. He knew Rankine for about 3-4 years before the incident, they would do music together. 5 84. He described him: “I would say he what I know he always serious. Like he would do 6 85. things. In 2019, I knew he was easy to snap in terms of his temper.” 7 86. Bustillo stated that there was a discussion with Jamar at which time Rankine was present: 8 87. “When I had the initial conversation with Mr. Timothy, after that Jamar asked if we 9 88. wanted to do a move. At this point it was me, Jamar and Daniel Rankine present. 10 89. Caleb was in the car. I understood a move meaning to make some money. You 11 90. would make money from a move, I knew what he meant. He mean like to rob or to 12 91. burglarize or something. Jamar asked do you want to go on a move. I replied and 13 92. said alright I can be the driver. Daniel said he were down too. There was no real 14 93. discussion, Jamar was going to go by Caleb and we had to pick him up when we 15 94. were ready.” 16 95. Bustillo stated that he and Rankine picked up Jamar sometime later. He stated that he 17 96. did not have to and did not ‘bad up’ Jamar with a gun: “I didn’t have to do that because 18 97. me and Jamar did things like this already. Robbery and so forth.” Bustillo described 19 98. driving into George Town. He maintained that it was Rankine who was directing him 20 99. where to go. 21 100. Withe circumstang the discha 22 101. h regard to tnces surrourearm: 23 102. idir 24 103. we were go 25 104. h 26 105. 29 Sound. IKI 27 106. 28 ing in South 28 107. “I told the p 29 108. one pointun 30 109. “ 31 110. el IRANDish 32 111. looked like a firearm and he told me to bust it so I rolled down the window and I 33 112. fired it. That was the first time I saw gun. Daniel took the gun out of his jacket. Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.), Date: 12.02.2021 Page 29 of 47 ```
```html 1 When he took it out of his jacket, his mood he was like kind of excited. I got kind of 2 worried then because I wasn’t expecting that. I got kind of frightened or like timid. 3 This was because I didn’t know him...like with a gun or anything like that. He gave 4 the gun to me and said to burst a shot. A lot of stuff going through my mind, like if 5 I didn’t do it what would happen. I thought probably I would be the one getting 6 shot. I Thought that...I don’t know how to explain it, because I didn’t really trust 7 him with it. Because to me firearms are dangerous, because I see what it do people 8 and stuff like that. 9 10 When he said burst off shot what was going through my mind, I felt scared, scared 11 if I didn’t comply with him it would have probably been me. I don’t know he would 12 have probably went off on me or something. I think he would go off on me, that is 13 just how I felt that time. I don’t be around those things. 14 15 Although I had the gun in my hand, I did that because the gun was not for me. I 16 hand it back because it was not mine. I was holding the gun for 10-15 sec. The gun, 17 I only see that it was grey and black. I can’t say what sort of weapon it was. I can’t 18 say whether it was a real or fake gun or what powered the gun. I could not say what 19 if any projectile that gun shot. I never saw this item again." 20 21 85. Bustillo stated that after Rankine and the complainant left the car he heard two shots and 22 Rankine then returned to the car and said drive. He described driving to West Bay and 23 after dropping Rankine off at his home he drove around because he was confused about 24 the entire incident. 25 26 86. When cross examined by counsel for Rankine, Bustillo denied that it was his plan to go 27 on a : denied that teen asleep He denied that Time the had been and to losing the in room. He had us idler. 28 mission. He Timothy narney. He de 29 that as never hold during his at lothes fro He the entire 29 20 29 intown to gen h used about 30 incident. He maintained that he only fired the shot from the gun because he felt he had ```
```html 1 no choice. He denied that he had made up the story of Rankine's involvement in the 2 shooting. 3 87. 4 Bustillo was cross-examined by counsel for the Crown. The defendant Bustillo denied 5 in cross examination that it was his idea to go on the mission or that he "badded up" 6 the complainant with a gun to force him to go on the mission. He insisted that it was the 7 complainant who asked him to go on the mission. He stated that in interview he had 8 denied knowing anything about the shooting because he was confused. He denied that 9 he had only given the second interview because he realized that the police had CCTV of 10 him being at the Esso Gas Station and therefore he had to change his story to meet that 11 evidence. Bustillo reiterated that it was Rankine who went out with the complainant and 12 shot him and came back to the car. He also reiterated that he was frightened when 13 Rankine took out the gun and asked him to bus' off a shot. 14 15 88. The defendant's explanation for his actions in throwing his clothes into the sea at East 16 End were not credible. Similarly, this court doubts his reasons for how the phone which 17 he used during the course of the evening of the 25th April into the morning of the 26th 18 April 2019 came to be disposed of. Counsel for the prosecution highlighted that even if 19 a phone may need to be thrown away because it has fallen into water as the defendant 20 described in his evidence, the timing of the damaged phone was too coincidental and, in 21 any event, this did not adequately explain why the phone chip also needed to be thrown 22 away. The defendant offered that he threw away the phone chip "because I was getting 23 a loof calls." 24 25 89. I carved the den 26 e gave hi 27 evidence of the complainant to that of Bustillo. The complainant was very forthright in answering the questions asked of him. While counsel for the prosecution has submitted ```
```html 1 that this court can rely on this evidence to, as it were, corroborate the evidence of the 2 complainant that Rankine was the shooter on the night in question, given this court’s 3 finding as to the veracity of this defendant’s evidence, and given that this is accomplice 4 evidence where each defendant is seeking to lay the blame on the other, this court must 5 be cautious about using this evidence in this way. 6 7 90. 8 In any event this court must return to the prosecution’s case even if it does not believe 9 the account given by Bustillo. 10 91. 11 I have carefully considered the evidence of the second defendant, Rankine. The second 12 defendant in his evidence in chief admitted that he had lied to the police at the time that 13 he gave his interview, and that he had changed his story during the course of the 14 interview. He however maintained that he did not have anything to do with the shooting 15 of the complainant or of being involved in a conspiracy to rob involving the Bustillo and 16 the complainant. He stated as he did in interview that he had only gone to Bustillo’s 17 home to make music, something that Bustillo confirmed in his own evidence. 18 92. 19 Rankine stated that he never went outside to speak to anybody in a car on the 25th of 20 April 2019. Rankine maintained that on the 25th of April he wanted to go to Windsor 21 Park to get clothes from his father. He stated that Bustillo: 22 “Was saying something like he had to make a drive into town anyway so he would 23 deal with it for me, he would take me. On the day I wanted to get clothes, I did not 24 talk to anyone. We stop at couple places and I just would hold my corner because I 25 don’t know what because 26 Rankine gave evidence that that evening after they had matter they star a house. 27 “I think B got back in car, the driver. And one little youth. Another person came. 28 That person sit somewhere in back seat not sure if behind me or Biggs, I can’t Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 32 of 47 ```
```html 1 remember. I Did not talk to this person. He looked kind of serious. Not in a literal 2 way. I did not know who that person was. All I remember is looking at his hair, like 3 he was walking through a bushy area, hair had some stuff in it like then, like he went 4 through shortcut or something. I didn't ask Biggs any questions about this guy." 5 6 7 94. Rankine related that he knew that they drove into town, but he was "between 8 consciousness, in and out of sleep." He remembered the stop at the gas station and that 9 Biggs dropped him off in the area of Smith Cove. He stated: 10 "I did not make any other arrangement with Biggs. I was supposed to get clothes 11 and come back to make music. When leaving there was no conv between me and 12 them, the other youth was passed out. No conv he then told me he had other plans." 13 14 He stated: 15 16 "I did go to my dad's. I stayed there till that morning. From when he dropped me 17 off to morning I called Biggs to try to get back some of my stuff. It was mainly about 18 computer. Didn't mind him hanging on to the mike but the computer not mine. I 19 borrow the computer. I did not get equip. back the following day. He was 20 unreachable I couldn't reach him. 21 I did not go back to West Bay with him that night. He did not tell me to leave his 22 house. If he did I would not leave my stuff. I would have taken my stuff. I got 23 computer back since I was in prison. My mom went to pick it up from his mom." 24 25 26 95. In cross examination by counsel for the Bustillo, Rankine denied that he had a gun or 27 had given a gun to Bustillo that night. He denied knowing the complainant. He denied 28 changing his story about the complainant being in the car that even 29 if he was the 30 Q: You changed your account because you were lying to police. Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 33 of 47 ```
```html 1 A: Certain things I said were not true but I felt a way because I was a passenger 2 and get a ride and then in the middle of the interview they are telling me 3 that this person say, who I thought was a friend say I shot somebody in their 4 face. 5 Q: You lied to the police about knowing Jamar was there because you knew 6 that you had gun. You were trying to confuse the police at this stage of 7 interview, to divert attention away from you. 8 A: That is not correct because it clearly did not work." 9 96. In answer to questions by counsel for the prosecution Rankine agreed that he had lied to 11 the police during the course of his interview. 12 “I said what I remember happening when Biggs took me into town. I admitted I lied 13 to police in interview. I went overboard. When I told them I see him fidgeting like 14 he had a gun that part honestly I never see nothing like that. I lied two times. I lied 15 about [him] dropping me off and picking me back up and also when I said I saw him 16 fidgeting. Not about anything else in the interview.” 17 97. Rankine went further to state: 19 “I don’t remember how many lies I told or the conversation with the police. I can’t 20 say how many times I said something that was a lie, all I know I didn’t do anything 21 never try shoot or shoot nobody I remember that.” 23 98. Rankine admitted that he knew the complainant: 24 “I seen him before that night but I did not know him. I know he exist, seen him 25 before but I don’t talk to him. I don’t know him like that. I seen him before think it 26 was years ago. I only realised who he was after I saw images of him after the matter 27 c. I had done incident. Or I had done incident. Or I had done incident. Or I had done incident. 28 came to court near about nen ne was i 29 year, I knew ong him be 30 then the 31 99. Rankine gave the following as his explanation for the lies that he told the Police. 32 Q: Why should we believe that what you say today. Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 34 of 47 ```
```html 1 R： I have No reason to lie，I never involved in nothing. He bad him up with a gun to get to George Town so I shoot him for no reason in world. ... A Lot of stuff not correct. If I could get ride and end up the suspect what else possible so that is the reason I said certain things. I felt like I need to defend myself somehow. ... He driving. Not guilty for firing the gun that I never see. Never present for conversation for planning a mission and that is not making no sense. Is frustration，knowing this man telling lies straight to my face. That is doing me something，it is frustration." 100. I remind myself that I cannot convict the defendant because he has admitted to lying. 101. People sometimes tell lies for reasons other than a belief that they are necessary to conceal guilt. I am guided by the leading authority in this regard. Lord Lane CJ in the case of R v Lucas (Ruth Iyabode)5 states that four conditions must be satisfied before a defendant's lie could be seen as supporting the prosecution case: 17 i. The lie must be deliberate; 18 ii. It must relate to a material issue; 19 iii. The motive for the lie must be a realisation of guilt and fear of the truth；and 20 iv. The statement must be clearly shown to be a lie by evidence other than that of the accomplice who is to be corroborated - that is to say by admission or evidence from an independent witness. 24 I bear in mind that even if a court concludes that a witness has lied about one matter，it does not follow that he has lied about everything for the simple reason that a witness may reasons. ``` ```latex \begin{enumerate} \item R: I have No reason to lie, I never involved in nothing. He bad him up with a gun to get to George Town so I shoot him for no reason in world. ... A Lot of stuff not correct. If I could get ride and end up the suspect what else possible so that is the reason I said certain things. I felt like I need to defend myself somehow. ... He driving. Not guilty for firing the gun that I never see. Never present for conversation for planning a mission and that is not making no sense. Is frustration, knowing this man telling lies straight to my face. That is doing me something, it is frustration." \item I remind myself that I cannot convict the defendant because he has admitted to lying. \item People sometimes tell lies for reasons other than a belief that they are necessary to conceal guilt. I am guided by the leading authority in this regard. Lord Lane CJ in the case of R v Lucas (Ruth Iyabode)5 states that four conditions must be satisfied before a defendant's lie could be seen as supporting the prosecution case: \begin{enumerate} \item The lie must be deliberate; \item It must relate to a material issue; \item The motive for the lie must be a realisation of guilt and fear of the truth; and \item The statement must be clearly shown to be a lie by evidence other than that of the accomplice who is to be corroborated - that is to say by admission or evidence from an independent witness. \end{enumerate} \item I bear in mind that even if a court concludes that a witness has lied about one matter, it does not follow that he has lied about everything for the simple reason that a witness may reasons. \end{enumerate} ``` ```html 26 y lie for man ``` ```latex \begin{table}[h] \centering \begin{tabular}{|c|c|} \hline 26 & y lie for man \\ \hline \end{tabular} \end{table} ``` ```latex \footnote{[1981] 73 Cr App R 159} ``` ```html Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 ``` ```html Page 35 of 47 ```
```html 1 COURT'S CONSIDERATIONS AND CONCLUSIONS 2 3 103. As I consider the evidence presented by the various witnesses in this case I am free to 4 accept all of a witness' evidence or to reject all of a witness' evidence. I can reject part 5 of a witness' evidence and accept part of a witness' evidence. You may accept the 6 evidence of one witness and reject the evidence of another witness. 7 8 104. I remind myself that when presented with inconsistencies in a witness' evidence I should 9 assess whether the inconsistency is major or minor. I must consider whether they go to 10 an important fact or issue in the case and determine whether they cause me to reject that 11 part of the witness' evidence or, whether they affect my view of the reliability of that 12 witness and his evidence as a whole. 13 14 105. I remind myself also that notwithstanding the presence of inconsistencies, here, on the 15 Crown's case, depending on the particular facts, a tribunal of fact is still entitled to 16 convict. However, if the inconsistencies are substantial and unexplained, this can affect 17 a witness' credibility and the weight of his evidence. There is a danger in acting on 18 evidence of this quality. 19 20 106. There are a number of inconsistencies in the evidence of the complainant as presented 21 by the prosecution. I remind myself that in this instance the complainant had agreed to 22 be the lookout when they went to rob and can be considered an accomplice in all the 23 circumstances. The court must be cautious as it considers the weight to be attached to 24 acconce. 26 of the major case is tica t I must nplice evide 25 07. One issues in this tion. I retha of identifmin 27 be cautious when considering this evidence of identification because a witness who has 28 identified a person can be mistaken even when the witness is honest and sure that a Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 36 of 47 ```
```html 1 convincing witness but may be wrong. I can only rely on the identification evidence if 2 I am sure that it is accurate. 3 108. This court must be careful to consider all the circumstances in which the defendant was 4 identified by the complainant: 6 a. For how long could W [witness] see the person W says was D [Defendant] and, in 7 particular, for how long could W see the person's face? 8 b. How clear was W's view of the person, considering the distance between them, the 9 light, any objects or people getting in the way and any distractions. 10 c. Had W ever seen D before the incident? If so, how often and in what circumstances? 11 If only once or occasionally, had W any special reason for remembering D? 12 d. How long was it between the time of the incident and the time when W identified 13 D to the police? 14 e. Is there any significant difference between the description W gave of the person and 15 D's appearance? 17 109. The following aspects of the Agreed Facts 2 document are pertinent to this issue of 18 identification: 19 2. First responders have noted that when they arrived at the scene, Jamar 20 Timothy was not able to provide any details as to how he was shot or what 21 car he arrived at the scene in. 23 At 01.49am PC Andrew Hemmings attended the Trauma Room at the 24 George Town Hospital and spoke to Jamar Timothy who stated 'I left cotton 25 club wid Biggs, Jenife, Paul Bush and brown skin boy. Left in a light blue 26 boy pal then takes 27 like a hon 28 other stated 29 what the car 30 car a fit.' Jamar used to sho 31 He had a first was 32 27 sed by the 33 ck and small 34 n to 35 Jamar was 36 black" like the pan 37 do X-Ra 38 un used i 39 own skin 40 4. At the hospital DC Sean Bryan spoke with Jamar Timothy, who appeared 41 barely conscious, and asked him who shot him and he stated "Biggs". Jamar Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 37 of 47 ```
```markdown was mumbling and DC Sean Bryan could not clearly understand if he was saying "Joneil" or "Janell".

¶ [5] On the 2nd May 2019 at approximately 02:47am, SOCO Tiffany Rankine attended a vacant lot across from 877 South Church Street (agreed to be the scene of the shooting). She noted that there was little to no lighting in the vacant lot.

¶ [110] As set out above, the agreed facts state that the defendant Rankine and the complainant are known to each other from seeing each other about. In evidence, the complainant says however that he did not know him before the date of the incident. His evidence in chief was: "I don't know Daniel Rankine. I don't know him. When I say I don't know, I know him from, only from that night I know him the 25th of April."

¶ [111] When the complainant was asked in re-examination to clarify his knowing Rankine before the night of the shooting, he said: "I don't know him from nowhere. I never met him. Only know him from that night. That what I trying to say. I only know him from that night. I don't know him from nowhere. That what I trying to say. I don't know him. only that night I know him."

¶ [112] The complainant's mother Samara Ebanks related what the complainant said to her on the day after the incident, the 27th of April 2019: "When I went to the hospital, Jamar told me something and he said was Biggs and someone else there that shot him. He told me he had problems with the person who Biggsow who the other person before. I know was. He told me he had problems with the person but told me he would be able to recognize. Him. He told me that this individual, he hung out with Charles Walton." ``` ```html 110. As set out above, the agreed facts state that the defendant Rankine and the complainant are known to each other from seeing each other about. In evidence, the complainant says however that he did not know him before the date of the incident. His evidence in chief was: 111. When the complainant was asked in re-examination to clarify his knowing Rankine before the night of the shooting, he said: 112. The complainant's mother Samara Ebanks related what the complainant said to her on the day after the incident, the 27th of April 2019: ``` ```latex \begin{equation} \text{110. As set out above, the agreed facts state that the defendant Rankine and the complainant are known to each other from seeing each other about. In evidence, the complainant says however that he did not know him before the date of the incident. His evidence in chief was:} \end{equation} \begin{equation} \text{111. When the complainant was asked in re-examination to clarify his knowing Rankine before the night of the shooting, he said:} \end{equation} \begin{equation} \text{112. The complainant's mother Samara Ebanks related what the complainant said to her on the day after the incident, the 27th of April 2019:} \end{equation} ```
The document appears to be a legal judgment or transcript, likely from a court case. Below is the transcription of the provided text, formatted according to the instructions: ```markdown The complainant stated in evidence that he saw Rankine's face on the afternoon before the incident. He related that he saw Rankine's face at Biggs' house earlier in the day on the 25th of April. He, Rankine, was inside the house and the complainant was in Caleb's car outside the house. He said that the car was close to the doorstep and he could see inside the house. The complainant pointed out the distance and this was estimated at 15-20 feet away. The complainant related that there was nothing blocking his view of Rankine's face. When he was asked specifically how long he saw Rankine's face for, he stated: "I never paid attention sir, to him sir. I just came there to get my stuff and leave." The complainant stated that the car never stayed parked there too long. The outcome is that there was no evidence led to explain how long he had him in view, to give his description on any of the matters that could assist this court with regard to his identification of Rankine at that time. In relation to the evidence of the complainant having observed Rankine while he was in the car on the night of the shooting: In cross examination the complainant described that during the journey in the car, on the way to the destination, he was asleep except when they got to the Gas Station. When they arrived at the destination he was awakened when Biggs pulled him out of the car. The time in which he could have made any observations of Rankine in the car is therefore very limited. That stated that the complainant Rankine put it on inside the car. Rankine was wearing a bandana when he came out of the car to go and rob. The complainant stated that Rankine pulled the bandanna down immediately ``` This transcription is based on the visible text in the image provided. If there are any further instructions or specific formatting requirements, please let me know.
```html 1 before he shot him. However the only evidence of the length of time of his observation 2 of Rankine then was that it was very fast. The conditions were difficult. The witnesses 3 all describe a dark area without lighting. The complainant does not say that there was 4 any lighting by which he could see the shooter. Although there is evidence that the lights 5 from the car were left on the complainant does not say that this aided his ability to see 6 the shooter, to identify him as Rankine. 7 8 118. The Agreed Facts 2 document at paragraph 5 records as follows: 9 10 5. On the 2nd May 2019 at approximately 02：47am，SOCO Tiffany Rankine 11 attended a vacant lot across from 877 South Church Street (agreed to be the 12 scene of the shooting). She noted that there was little to no lighting in the 13 vacant lot." 14 15 119. The complainant made differing，unclear statements with regard to the identity of the 16 shooter. As set out in the agreed facts 2 at paragraphs 2-4，the complainant gave a 17 18 the brown boy. At 19 various times he said that his shooter was the young boy，and also Kelly. There is no 20 evidence that Rankine is called Kelly. While I accept that the statements made 21 immediately after he was shot and while in hospital awaiting surgery would have been 22 made in difficult，stressful circumstances which may explain this confusion，these are 23 matters which this court must consider in the round at as it examines all of the evidence 24 of identification presented by the prosecution. 25 The circumstances which led to the complainant give the 26 circumstance o the coming 27 unsatisfactory. The complainant admitted in evidence that he saw a picture and the name of the Rankine on social media before the photo array was shown to him. His mother Verdict Judgment：Rv Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39，67，68/2019. Coram：Carter J. (Actg.) Date：12.02.2021 Page 40 of 47 ```
```html 1 and his uncle were involved in these rather unscientific avenues to identification. The 2 photo array is obviously tainted and unreliable for these reasons. In fairness the 3 prosecution has not sought to rely heavily on this because counsel would be well aware 4 that the weight to be attached to this identification in these circumstances would be 5 minimal. 6 7 121. The complainant’s evidence is a mass of contradictions on the identification of Rankine. 8 On this the central issue with regard to the defendant Rankine, the cogency of the 9 complainant’s evidence of identification is lacking. It follows that these contradictions 10 on this central issue lead this court to find that this evidence of identification unreliable. 11 This onus is on the prosecution to present evidence before the court that is cogent and 12 compelling. The onus is on the prosecution to prove its case beyond a reasonable doubt. 13 This court has reasonable doubt that this defendant has committed the offence of 14 Attempted Murder for which he is charged on this indictment. 15 16 122. The complainant gave his evidence in a forthright manner. However it appeared to this 17 court that he was somewhat confused as to the sequence of events on the evening that he 18 was shot. I do not find that he has deliberately sought to mislead the court. The evidence 19 is that the complainant had been drinking alcohol on the evening of the incident. One 20 of the officers who saw him at the George Town hospital on the night of the shooting, 21 PC Wade Gordon stated that Jamar appear intoxicated 22 This may also explain his 23 apparent confusion and the lack of cogency of his evidence before the court. While the 24 cousympathy fon this court of 25 rt has every r this young 26 cannot be sw 27 or smust consider 28 nted in a disp 29 rt has every r this young 30 aved by svm 31 entiment. If 32 or only these 33 assionate 34 manners in seeking to arrive at a verdict in this case. 6 Agreed Facts paragraph 10 Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 41 of 47 ```
```html 1 123. With regard to the offence of conspiracy to rob, the Crown must prove that there was an 2 agreement between two or more people to commit an intended crime. The agreement is 3 itself a crime, separate from the intended crime itself. In this case the prosecution say 4 that the intended crime was to rob persons in the South Sound area and that each of the 5 defendants was part of a conspiracy or agreement to commit that crime. I bear in mind 6 that in a conspiracy it is not necessary for the conspirators to know or meet or 7 communicate with all of the other conspirators or to know all the details of the 8 conspiracy. 9 10 124. I now look at the complainant’s evidence of the conspiracy. The complainant’s evidence 11 was that it was Bustillo who drew him into going on a mission to rob. His evidence to 12 support this is of Rankine being the person who leaves the vehicle with him to go towards 13 the houses on the first occasion and it is on the second occasion when they were returning 14 to the vehicle after leaving with the intention of robbing that the complainant is shot. 15 Bustillo gave evidence that it was the complainant who first spoke of going on a move 16 and that Rankine was present when this was discussed at Bustillo’s residence. Bustillo 17 testified that on the way to town for the move, Rankine gave instructions as to where to 18 go. 19 20 125. The complainant gives no evidence of a discussion between himself, Rankine and 21 Bustillo at Bustillo’s residence about going on a move and denied that he had ever 22 initiated the move or mission. Rankine’s evidence is that he did not know anything 23 about a move toound that the 24 insufake this co was the o 25 t a mission crob. Havinf identificati 26 g fon is 27 24 ficient to n 28 25 ourt surene 29 26 shot the 30 complainant. The evidence presented of the conspiracy to rob against Rankine is equally 31 unreliable and insufficient. Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 42 of 47

¶ [1] 126. With regard to the offence of possession of a firearm, I am satisfied from the evidence presented that the firearm that was used to shoot the complainant was the same firearm that Bustillo shot out of the window on the night in question. There is no evidence of there being more than one firearm in the vehicle. The complainant is adamant that there was only one firearm and that this is the firearm that was used to shoot him.

¶ [2] 127. It is an Agreed Fact that neither of the defendants in this case have ever been issued with a valid Firearm Users’ Certificate issued in the Cayman Islands 7 .

¶ [3] 128. The firearm was capable of firing the .380 cartridges as evidenced by the spent .380 auto-spent casing found at the accepted scene of the shooting. These were discharged by the firearm on the night in question 8 .

¶ [4] 129. The defendant Bustillo accepts that he was in possession of a firearm on the night in question and that he fired off a shot from that firearm. He has however raised the defence of duress. In effect he says that he was driven to take possession of the firearm and to fire off the shot because of what he interpreted to be a threat from the defendant Rankine.

¶ [5] 130. The defendant’s evidence was:

¶ [6] 20 “D took the gun out of his jacket. When he took it out of his jacket, his mood he was like kind of excited. I got kind of worried then because I wasn’t expecting that. I got kind of frightened or like timid. This was because I didn’t know him …like with a gun or anything like that. He gave the gun to me and said to burst a shot. A lot of stuff going through my mind, like if I didn’t do it what would happen. I Thought would be that I would be the one getting shot. I thought that I would be the one getting shot. Because I see trust him ‘cause stuff like that with people what.

¶ [7] 25 probably I e one getting on t know how to explain it, don’t know to

¶ [8] 27 because I see trust him ‘cause stuff like that with people what.

¶ [9] 28 do I trust him ‘cause stuff like that with people what.

¶ [10] 28 because I see trust him ‘cause stuff like that with people what.

¶ [11] 28 because I see trust him ‘cause stuff like that with people what.

¶ [12] 28 because I see trust him ‘cause stuff like that with people what.

¶ [13] 28 because I see trust him ‘cause stuff like that with people what.

¶ [14] 28 because I see trust him ‘cause stuff like that with people what.

¶ [15] 28 because I see trust him ‘cause stuff like that with people what.

¶ [16] 28 because I see trust him ‘cause stuff like that with people what.

¶ [17] 28 because I see trust him ‘cause stuff like that with people what.

¶ [18] 28 because I see trust him ‘cause stuff like that with people what.

¶ [19] 28 because I see trust him ‘cause stuff like that with people what.

¶ [20] 28 because I see trust him ‘cause stuff like that with people what.

¶ [21] 28 because I see trust him ‘cause stuff like that with people what.

¶ [22] 28 because I see trust him ‘cause stuff like that with people what.

¶ [23] 28 because I see trust him ‘cause stuff like that with people what.

¶ [24] 28 because I see trust him ‘cause stuff like that with people what.

¶ [25] 28 because I see trust him ‘cause stuff like that with people what.

¶ [26] 28 because I see trust him ‘cause stuff like that with people what.

¶ [27] 28 because I see trust him ‘cause stuff like that with people what.

¶ [28] 28 because I see trust him ‘cause stuff like that with people what.

¶ [29] 28 because I see trust him ‘cause stuff like that with people what.

¶ [30] 28 because I see trust him ‘cause stuff like that with people what.

¶ [31] 28 because I see trust him ‘cause stuff like that with people what.

¶ [32] 28 because I see trust him ‘cause stuff like that with people what.

¶ [33] 28 because I see trust him ‘cause stuff like that with people what.

¶ [34] 28 because I see trust him ‘cause stuff like that with people what.

¶ [35] 28 because I see trust him ‘cause stuff like that with people what.

¶ [36] 28 because I see trust him ‘cause stuff like that with people what.

¶ [37] 28 because I see trust him ‘cause stuff like that with people what.

¶ [38] 28 because I see trust him ‘cause stuff like that with people what.

¶ [39] 28 because I see trust him ‘cause stuff like that with people what.

¶ [40] 28 because I see trust him ‘cause stuff like that with people what.

¶ [41] 28 because I see trust him ‘cause stuff like that with people what.

¶ [42] 28 because I see trust him ‘cause stuff like that with people what.

¶ [43] 28 because I see trust him ‘cause stuff like that with people what.

¶ [44] 28 because I see trust him ‘cause stuff like that with people what.

¶ [45] 28 because I see trust him ‘cause stuff like that with people what.

¶ [46] 28 because I see trust him ‘cause stuff like that with people what.

¶ [47] 28 because I see trust him ‘cause stuff like that with people what.

¶ [48] 28 because I see trust him ‘cause stuff like that with people what.

¶ [49] 28 because I see trust him ‘cause stuff like that with people what.

¶ [50] 28 because I see trust him ‘cause stuff like that with people what.

¶ [51] 28 because I see trust him ‘cause stuff like that with people what.

¶ [52] 28 because I see trust him ‘cause stuff like that with people what.

¶ [53] 28 because I see trust him ‘cause stuff like that with people what.

¶ [54] 28 because I see trust him ‘cause stuff like that with people what.

¶ [55] 28 because I see trust him ‘cause stuff like that with people what.

¶ [56] 28 because I see trust him ‘cause stuff like that with people what.

¶ [57] 28 because I see trust him ‘cause stuff like that with people what.

¶ [58] 28 because I see trust him ‘cause stuff like that with people what.

¶ [59] 28 because I see trust him ‘cause stuff like that with people what.

¶ [60] 28 because I see trust him ‘cause stuff like that with people what.

¶ [61] 28 because I see trust him ‘cause stuff like that with people what.

¶ [62] 28 because I see trust him ‘cause stuff like that with people what.

¶ [63] 28 because I see trust him ‘cause stuff like that with people what.

¶ [64] 28 because I see trust him ‘cause stuff like that with people what.

¶ [65] 28 because I see trust him ‘cause stuff like that with people what.

¶ [66] 28 because I see trust him ‘cause stuff like that with people what.

¶ [67] 28 because I see trust him ‘cause stuff like that with people what.

¶ [68] 28 because I see trust him ‘cause stuff like that with people what.

¶ [69] 28 because I see trust him ‘cause stuff like that with people what.

¶ [70] 28 because I see trust him ‘cause stuff like that with people what.

¶ [71] 28 because I see trust him ‘cause stuff like that with people what.

¶ [72] 28 because I see trust him ‘cause stuff like that with people what.

¶ [73] 28 because I see trust him ‘cause stuff like that with people what.

¶ [74] 28 because I see trust him ‘cause stuff like that with people what.

¶ [75] 28 because I see trust him ‘cause stuff like that with people what.

¶ [76] 28 because I see trust him ‘cause stuff like that with people what.

¶ [77] 28 because I see trust him ‘cause stuff like that with people what.

¶ [78] 28 because I see trust him ‘cause stuff like that with people what.

¶ [79] 28 because I see trust him ‘cause stuff like that with people what.

¶ [80] 28 because I see trust him ‘cause stuff like that with people what.

¶ [81] 28 because I see trust him ‘cause stuff like that with people what.

¶ [82] 28 because I see trust him ‘cause stuff like that with people what.

¶ [83] 28 because I see trust him ‘cause stuff like that with people what.

¶ [84] 28 because I see trust him ‘cause stuff like that with people what.

¶ [85] 28 because I see trust him ‘cause stuff like that with people what.

¶ [86] 28 because I see trust him ‘cause stuff like that with people what.

¶ [87] 28 because I see trust him ‘cause stuff like that with people what.

¶ [88] 28 because I see trust him ‘cause stuff like that with people what.

¶ [89] 28 because I see trust him ‘cause stuff like that with people what.

¶ [90] 28 because I see trust him ‘cause stuff like that with people what.

¶ [91] 28 because I see trust him ‘cause stuff like that with people what.

¶ [92] 28 because I see trust him ‘cause stuff like that with people what.

¶ [93] 28 because I see trust him ‘cause stuff like that with people what.

¶ [94] 28 because I see trust him ‘cause stuff like that with people what.

¶ [95] 28 because I see trust him ‘cause stuff like that with people what.

¶ [96] 28 because I see trust him ‘cause stuff like that with people what.

¶ [97] 28 because I see trust him ‘cause stuff like that with people what.

¶ [98] 28 because I see trust him ‘cause stuff like that with people what.

¶ [99] 28 because I see trust him ‘cause stuff like that with people what.

¶ [100] 28 because I see trust him ‘cause stuff like that with people what.

¶ [101] 28 because I see trust him ‘cause stuff like that with people what.

¶ [102] 28 because I see trust him ‘cause stuff like that with people what.

¶ [103] 28 because I see trust him ‘cause stuff like that with people what.

¶ [104] 28 because I see trust him ‘cause stuff like that with people what.

¶ [105] 28 because I see trust him ‘cause stuff like that with people what.

¶ [106] 28 because I see trust him ‘cause stuff like that with people what.

¶ [107] 28 because I see trust him ‘cause stuff like that with people what.

¶ [108] 28 because I see trust him ‘cause stuff like that with people what.

¶ [109] 28 because I see trust him ‘cause stuff like that with people what.

¶ [110] 28 because I see trust him ‘cause stuff like that with people what.

¶ [111] 28 because I see trust him ‘cause stuff like that with people what.

¶ [112] 28 because I see trust him ‘cause stuff like that with people what.

¶ [113] 28 because I see trust him ‘cause stuff like that with people what.

¶ [114] 28 because I see trust him ‘cause stuff like that with people what.

¶ [115] 28 because I see trust him ‘cause stuff like that with people what.

¶ [116] 28 because I see trust him ‘cause stuff like that with people what.

¶ [117] 28 because I see trust him ‘cause stuff like that with people what.

¶ [118] 28 because I see trust him ‘cause stuff like that with people what.

¶ [119] 28 because I see trust him ‘cause stuff like that with people what.

¶ [120] 28 because I see trust him ‘cause stuff like that with people what.

¶ [121] 28 because I see trust him ‘cause stuff like that with people what.

¶ [122] 28 because I see trust him ‘cause stuff like that with people what.

¶ [123] 28 because I see trust him ‘cause stuff like that with people what.

¶ [124] 28 because I see trust him ‘cause stuff like that with people what.

¶ [125] 28 because I see trust him ‘cause stuff like that with people what.

¶ [126] 28 because I see trust him ‘cause stuff like that with people what.

¶ [127] 28 because I see trust him ‘cause stuff like that with people what.

¶ [128] 28 because I see trust him ‘cause stuff like that with people what.

¶ [129] 28 because I see trust him ‘cause stuff like that with people what.

¶ [130] 28 because I see trust him ‘cause stuff like that with people what.

¶ [131] 28 because I see trust him ‘cause stuff like that with people what.

¶ [132] 28 because I see trust him ‘cause stuff like that with people what.

¶ [133] 28 because I see trust him ‘cause stuff like that with people what.

¶ [134] 28 because I see trust him ‘cause stuff like that with people what.

¶ [135] 28 because I see trust him ‘cause stuff like that with people what.

¶ [136] 28 because I see trust him ‘cause stuff like that with people what.

¶ [137] 28 because I see trust him ‘cause stuff like that with people what.

¶ [138] 28 because I see trust him ‘cause stuff like that with people what.

¶ [139] 28 because I see trust him ‘cause stuff like that with people what.

¶ [140] 28 because I see trust him ‘cause stuff like that with people what.

¶ [141] 28 because I see trust him ‘cause stuff like that with people what.

¶ [142] 28 because I see trust him ‘cause stuff like that with people what.

¶ [143] 28 because I see trust him ‘cause stuff like that with people what.

¶ [144] 28 because I see trust him ‘cause stuff like that with people what.

¶ [145] 28 because I see trust him ‘cause stuff like that with people what.

¶ [146] 28 because I see trust him ‘cause stuff like that with people what.

¶ [147] 28 because I see trust him ‘cause stuff like that with people what.

¶ [148] 28 because I see trust him ‘cause stuff like that with people what.

¶ [149] 28 because I see trust him ‘cause stuff like that with people what.

¶ [150] 28 because I see trust him ‘cause stuff like that with people what.

¶ [151] 28 because I see trust him ‘cause stuff like that with people what.

¶ [152] 28 because I see trust him ‘cause stuff like that with people what.

¶ [153] 28 because I see trust him ‘cause stuff like that with people what.

¶ [154] 28 because I see trust him ‘cause stuff like that with people what.

¶ [155] 28 because I see trust him ‘cause stuff like that with people what.

¶ [156] 28 because I see trust him ‘cause stuff like that with people what.

¶ [157] 28 because I see trust him ‘cause stuff like that with people what.

¶ [158] 28 because I see trust him ‘cause stuff like that with people what.

¶ [159] 28 because I see trust him ‘cause stuff like that with people what.

¶ [160] 28 because I see trust him ‘cause stuff like that with people what.

¶ [161] 28 because I see trust him ‘cause stuff like that with people what.

¶ [162] 28 because I see trust him ‘cause stuff like that with people what.

¶ [163] 28 because I see trust him ‘cause stuff like that with people what.

¶ [164] 28 because I see trust him ‘cause stuff like that with people what.

¶ [165] 28 because I see trust him ‘cause stuff like that with people what.

¶ [166] 28 because I see trust him ‘cause stuff like that with people what.

¶ [167] 28 because I see trust him ‘cause stuff like that with people what.

¶ [168] 28 because I see trust him ‘cause stuff like that with people what.

¶ [169] 28 because I see trust him ‘cause stuff like that with people what.

¶ [170] 28 because I see trust him ‘cause stuff like that with people what.

¶ [171] 28 because I see trust him ‘cause stuff like that with people what.

¶ [172] 28 because I see trust him ‘cause stuff like that with people what.

¶ [173] 28 because I see trust him ‘cause stuff like that with people what.

¶ [174] 28 because I see trust him ‘cause stuff like that with people what.

¶ [175] 28 because I see trust him ‘cause stuff like that with people what.

¶ [176] 28 because I see trust him ‘cause stuff like that with people what.

¶ [177] 28 because I see trust him ‘cause stuff like that with people what.

¶ [178] 28 because I see trust him ‘cause stuff like that with people what.

¶ [179] 28 because I see trust him ‘cause stuff like that with people what.

¶ [180] 28 because I see trust him ‘cause stuff like that with people what.

¶ [181] 28 because I see trust him ‘cause stuff like that with people what.

¶ [182] 28 because I see trust him ‘cause stuff like that with people what.

¶ [183] 28 because I see trust him ‘cause stuff like that with people what.

¶ [184] 28 because I see trust him ‘cause stuff like that with people what.

¶ [185] 28 because I see trust him ‘cause stuff like that with people what.

¶ [186] 28 because I see trust him ‘cause stuff like that with people what.

¶ [187] 28 because I see trust him ‘cause stuff like that with people what.

¶ [188] 28 because I see trust him ‘cause stuff like that with people what.

¶ [189] 28 because I see trust him ‘cause stuff like that with people what.

¶ [190] 28 because I see trust him ‘cause stuff like that with people what.

¶ [191] 28 because I see trust him ‘cause stuff like that with people what.

¶ [192] 28 because I see trust him ‘cause stuff like that with people what.

¶ [193] 28 because I see trust him ‘cause stuff like that with people what.

¶ [194] 28 because I see trust him ‘cause stuff like that with people what.

¶ [195] 28 because I see trust him ‘cause stuff like that with people what.

¶ [196] 28 because I see trust him ‘cause stuff like that with people what.

¶ [197] 28 because I see trust him ‘cause stuff like that with people what.

¶ [198] 28 because I see trust him ‘cause stuff like that with people what.

¶ [199] 28 because I see trust him ‘cause stuff like that with people what.

¶ [200] 28 because I see trust him ‘cause stuff like that with people what.

¶ [201] 28 because I see trust him ‘cause stuff like that with people what.

¶ [202] 28 because I see trust him ‘cause stuff like that with people what.

¶ [203] 28 because I see trust him ‘cause stuff like that with people what.

¶ [204] 28 because I see trust him ‘cause stuff like that with people what.

¶ [205] 28 because I see trust him ‘cause stuff like that with people what.

¶ [206] 28 because I see trust him ‘cause stuff like that with people what.

¶ [207] 28 because I see trust him ‘cause stuff like that with people what.

¶ [208] 28 because I see trust him ‘cause stuff like that with people what.

¶ [209] 28 because I see trust him ‘cause stuff like that with people what.

¶ [210] 28 because I see trust him ‘cause stuff like that with people what.

¶ [211] 28 because I see trust him ‘cause stuff like that with people what.

¶ [212] 28 because I see trust him ‘cause stuff like that with people what.

¶ [213] 28 because I see trust him ‘cause stuff like that with people what.

¶ [214] 28 because I see trust him ‘cause stuff like that with people what.

¶ [215] 28 because I see trust him ‘cause stuff like that with people what.

¶ [216] 28 because I see trust him ‘cause stuff like that with people what.

¶ [217] 28 because I see trust him ‘cause stuff like that with people what.

¶ [218] 28 because I see trust him ‘cause stuff like that with people what.

¶ [219] 28 because I see trust him ‘cause stuff like that with people what.

¶ [220] 28 because I see trust him ‘cause stuff like that with people what.

¶ [221] 28 because I see trust him ‘cause stuff like that with people what.

¶ [222] 28 because I see trust him ‘cause stuff like that with people what.

¶ [223] 28 because I see trust him ‘cause stuff like that with people what.

¶ [224] 28 because I see trust him ‘cause stuff like that with people what.

¶ [225] 28 because I see trust him ‘cause stuff like that with people what.

¶ [226] 28 because I see trust him ‘cause stuff like that with people what.

¶ [227] 28 because I see trust him ‘cause stuff like that with people what.

¶ [228] 28 because I see trust him ‘cause stuff like that with people what.

¶ [229] 28 because I see trust him ‘cause stuff like that with people what.

¶ [230] 28 because I see trust him ‘cause stuff like that with people what.

¶ [231] 28 because I see trust him ‘cause stuff like that with people what.

¶ [232] 28 because I see trust him ‘cause stuff like that with people what.

¶ [233] 28 because I see trust him ‘cause stuff like that with people what.

¶ [234] 28 because I see trust him ‘cause stuff like that with people what.

¶ [235] 28 because I see trust him ‘cause stuff like that with people what.

¶ [236] 28 because I see trust him ‘cause stuff like that with people what.

¶ [237] 28 because I see trust him ‘cause stuff like that with people what.

¶ [238] 28 because I see trust him ‘cause stuff like that with people what.

¶ [239] 28 because I see trust him ‘cause stuff like that with people what.

¶ [240] 28 because I see trust him ‘cause stuff like that with people what.

¶ [241] 28 because I see trust him ‘cause stuff like that with people what.

¶ [242] 28 because I see trust him ‘cause stuff like that with people what.

¶ [243] 28 because I see trust him ‘cause stuff like that with people what.

¶ [244] 28 because I see trust him ‘cause stuff like that with people what.

¶ [245] 28 because I see trust him ‘cause stuff like that with people what.

¶ [246] 28 because I see trust him ‘cause stuff like that with people what.

¶ [247] 28 because I see trust him ‘cause stuff like that with people what.

¶ [248] 28 because I see trust him ‘cause stuff like that with people what.

¶ [249] 28 because I see trust him ‘cause stuff like that with people what.

¶ [250] 28 because I see trust him ‘cause stuff like that with people what.

¶ [251] 28 because I see trust him ‘cause stuff like that with people what.

¶ [252] 28 because I see trust him ‘cause stuff like that with people what.

¶ [253] 28 because I see trust him ‘cause stuff like that with people what.

¶ [254] 28 because I see trust him ‘cause stuff like that with people what.

¶ [255] 28 because I see trust him ‘cause stuff like that with people what.

¶ [256] 28 because I see trust him ‘cause stuff like that with people what.

¶ [257] 28 because I see trust him ‘cause stuff like that with people what.

¶ [258] 28 because I see trust him ‘cause stuff like that with people what.

¶ [259] 28 because I see trust him ‘cause stuff like that with people what.

¶ [260] 28 because I see trust him ‘cause stuff like that with people what.

¶ [261] 28 because I see trust him ‘cause stuff like that with people what.

¶ [262] 28 because I see trust him ‘cause stuff like that with people what.

¶ [263] 28 because I see trust him ‘cause stuff like that with people what.

¶ [264] 28 because I see trust him ‘cause stuff like that with people what.

¶ [265] 28 because I see trust him ‘cause stuff like that with people what.

¶ [266] 28 because I see trust him ‘cause stuff like that with people what.

¶ [267] 28 because I see trust him ‘cause stuff like that with people what.

¶ [268] 28 because I see trust him ‘cause stuff like that with people what.

¶ [269] 28 because I see trust him ‘cause stuff like that with people what.

¶ [270] 28 because I see trust him ‘cause stuff like that with people what.

¶ [271] 28 because I see trust him ‘cause stuff like that with people what.

¶ [272] 28 because I see trust him ‘cause stuff like that with people what.

¶ [273] 28 because I see trust him ‘cause stuff like that with people what.

¶ [274] 28 because I see trust him ‘cause stuff like that with people what.

¶ [275] 28 because I see trust him ‘cause stuff like that with people what.

¶ [276] 28 because I see trust him ‘cause stuff like that with people what.

¶ [277] 28 because I see trust him ‘cause stuff like that with people what.

¶ [278] 28 because I see trust him ‘cause stuff like that with people what.

¶ [279] 28 because I see trust him ‘cause stuff like that with people what.

¶ [280] 28 because I see trust him ‘cause stuff like that with people what.

¶ [281] 28 because I see trust him ‘cause stuff like that with people what.

¶ [282] 28 because I see trust him ‘cause stuff like that with people what.

¶ [283] 28 because I see trust him ‘cause stuff like that with people what.

¶ [284] 28 because I see trust him ‘cause stuff like that with people what.

¶ [285] 28 because I see trust him ‘cause stuff like that with people what.

¶ [286] 28 because I see trust him ‘cause stuff like that with people what.

¶ [287] 28 because I see trust him ‘cause stuff like that with people what.

¶ [288] 28 because I see trust him ‘cause stuff like that with people what.

¶ [289] 28 because I see trust him ‘cause stuff like that with people what.

¶ [290] 28 because I see trust him ‘cause stuff like that with people what.

¶ [291] 28 because I see trust him ‘cause stuff like that with people what.

¶ [292] 28 because I see trust him ‘cause stuff like that with people what.

¶ [293] 28 because I see trust him ‘cause stuff like that with people what.

¶ [294] 28 because I see trust him ‘cause stuff like that with people what.

¶ [295] 28 because I see trust him ‘cause stuff like that with people what.

¶ [296] 28 because I see trust him ‘cause stuff like that with people what.

¶ [297] 28 because I see trust him ‘cause stuff like that with people what.

¶ [298] 28 because I see trust him ‘cause stuff like that with people what.

¶ [299] 28 because I see trust him ‘cause stuff like that with people what.

¶ [300] 28 because I see trust him ‘cause stuff like that with people what.

¶ [301] 28 because I see trust him ‘cause stuff like that with people what.

¶ [302] 28 because I see trust him ‘cause stuff like that with people what.

¶ [303] 28 because I see trust him ‘cause stuff like that with people what.

¶ [304] 28 because I see trust him ‘cause stuff like that with people what.

¶ [305] 28 because I see trust him ‘cause stuff like that with people what.

¶ [306] 28 because I see trust him ‘cause stuff like that with people what.

¶ [307] 28 because I see trust him ‘cause stuff like that with people what.

¶ [308] 28 because I see trust him ‘cause stuff like that with people what.

¶ [309] 28 because I see trust him ‘cause stuff like that with people what.

¶ [310] 28 because I see trust him ‘cause stuff like that with people what.

¶ [311] 28 because I see trust him ‘cause stuff like that with people what.

¶ [312] 28 because I see trust him ‘cause stuff like that with people what.

¶ [313] 28 because I see trust him ‘cause stuff like that with people what.

¶ [314] 28 because I see trust him ‘cause stuff like that with people what.

¶ [315] 28 because I see trust him ‘cause stuff like that with people what.

¶ [316] 28 because I see trust him ‘cause stuff like that with people what.

¶ [317] 28 because I see trust him ‘cause stuff like that with people what.

¶ [318] 28 because I see trust him ‘cause stuff like that with people what.

¶ [319] 28 because I see trust him ‘cause stuff like that with people what.

¶ [320] 28 because I see trust him ‘cause stuff like that with people what.

¶ [321] 28 because I see trust him ‘cause stuff like that with people what.

¶ [322] 28 because I see trust him ‘cause stuff like that with people what.

¶ [323] 28 because I see trust him ‘cause stuff like that with people what.

¶ [324] 28 because I see trust him ‘cause stuff like that with people what.

¶ [325] 28 because I see trust him ‘cause stuff like that with people what.

¶ [326] 28 because I see trust him ‘cause stuff like that with people what.

¶ [327] 28 because I see trust him ‘cause stuff like that with people what.

¶ [328] 28 because I see trust him ‘cause stuff like that with people what.

¶ [329] 28 because I see trust him ‘cause stuff like that with people what.

¶ [330] 28 because I see trust him ‘cause stuff like that with people what.

¶ [331] 28 because I see trust him ‘cause stuff like that with people what.

¶ [332] 28 because I see trust him ‘cause stuff like that with people what.

¶ [333] 28 because I see trust him ‘cause stuff like that with people what.

¶ [334] 28 because I see trust him ‘cause stuff like that with people what.

¶ [335] 28 because I see trust him ‘cause stuff like that with people what.

¶ [336] 28 because I see trust him ‘cause stuff like that with people what.

¶ [337] 28 because I see trust him ‘cause stuff like that with people what.

¶ [338] 28 because I see trust him ‘cause stuff like that with people what.

¶ [339] 28 because I see trust him ‘cause stuff like that with people what.

¶ [340] 28 because I see trust him ‘cause stuff like that with people what.

¶ [341] 28 because I see trust him ‘cause stuff like that with people what.

¶ [342] 28 because I see trust him ‘cause stuff like that with people what.

¶ [343] 28 because I see trust him ‘cause stuff like that with people what.

¶ [344] 28 because I see trust him ‘cause stuff like that with people what.

¶ [345] 28 because I see trust him ‘cause stuff like that with people what.

¶ [346] 28 because I see trust him ‘cause stuff like that with people what.

¶ [347] 28 because I see trust him ‘cause stuff like that with people what.

¶ [348] 28 because I see trust him ‘cause stuff like that with people what.

¶ [349] 28 because I see trust him ‘cause stuff like that with people what.

¶ [350] 28 because I see trust him ‘cause stuff like that with people what.

¶ [351] 28 because I see trust him ‘cause stuff like that with people what.

¶ [352] 28 because I see trust him ‘cause stuff like that with people what.

¶ [353] 28 because I see trust him ‘cause stuff like that with people what.

¶ [354] 28 because I see trust him ‘cause stuff like that with people what.

¶ [355] 28 because I see trust him ‘cause stuff like that with people what.

¶ [356] 28 because I see trust him ‘cause stuff like that with people what.

¶ [357] 28 because I see trust him ‘cause stuff like that with people what.

¶ [358] 28 because I see trust him ‘cause stuff like that with people what.

¶ [359] 28 because I see trust him ‘cause stuff like that with people what.

¶ [360] 28 because I see trust him ‘cause stuff like that with people what.

¶ [361] 28 because I see trust him ‘cause stuff like that with people what.

¶ [362] 28 because I see trust him ‘cause stuff like that with people what.

¶ [363] 28 because I see trust him ‘cause stuff like that with people what.

¶ [364] 28 because I see trust him ‘cause stuff like that with people what.

¶ [365] 28 because I see trust him ‘cause stuff like that with people what.

¶ [366] 28 because I see trust him ‘cause stuff like that with people what.

¶ [367] 28 because I see trust him ‘cause stuff like that with people what.

¶ [368] 28 because I see trust him ‘cause stuff like that with people what.

¶ [369] 28 because I see trust him ‘cause stuff like that with people what.

¶ [370] 28 because I see trust him ‘cause stuff like that with people what.

¶ [371] 28 because I see
```html 1 When he said “burst” off shot what was going through my mind, I felt scared, scared 2 if I didn’t comply with him it would have probably been me. I don’t know he would 3 have probably went off on me or something. I think he would go off on me, that is 4 just how I felt that time. I don’t be around those things. 5 I didn’t stop the car and get out rather than take gun because it was my cousin car. 6 When I had the gun in my hand, I fired the shot off because he told me to.” 7 131. As in every criminal case, it is for the prosecution to prove the Defendant’s guilt, it is 9 for the prosecution to prove that the defence of duress does not apply in this case. It is 10 not for the Defendant to prove that it does apply. 11 132. I must determine first, whether the Defendant, was or may he have been, impelled to act 13 as he did because, as a result of what he reasonably believed to be the situation, he had 14 good cause to fear -that otherwise, death or serious physical injury would result? 15 133. Second, I must determine if so, may a sober person of reasonable firmness, sharing the 17 characteristics of the defendant, have responded to that situation by acting as the 18 defendant acted? If the answer to both those questions was yes, then the verdict on this 19 count should be not guilty. 20 21 134. The evidence of the complainant was that it was Bustillo who he first saw with the gun 22 on the night in question. The complainant’s evidence is counter to that of Bustillo, that 23 is, that Rankine handed him the gun and told him that he must bust off a shot. Instead, 24 the complainant’s evidence is that Rankine was given the gun by Bustillo. The 25 compl dence on thi 26 Before Bigg 27 28 Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021 Page 44 of 47 ```
```html 1 Before Biggs let off shot the gun was sitting on top of his waist or somewhere I don't rem where he put it. B let off shot through the window. He just push it through the window and he shot it off and pull it back in [witness demonstrates]. When he let of shot I heard POW and that's it. The gun that B had it was black. Based on what was happening it was the same gun that B let off that D shot me with." 6 7 135. The complainant also stated in evidence that Biggs had "bad him up" with a gun when he first demanded that the complainant go on this mission with him. This particular piece of evidence was first mentioned at trial. The complainant stated that he had never mentioned it to the police in interview because he was frightened of Biggs. I do not accept this explanation. The complainant told the police during that same interview that Biggs had fired the gun and also that Biggs had driven him to the destination where he was eventually shot. I find that the complainant may have been seeking to bolster his evidence in this regard. 16 136. It therefore remains to determine whether the prosecution have satisfied me so that I am sure that Bustillo had possession of the gun, that it was never passed to him as he says, that he was never told to "bus' off" a shot with the gun. 19 20 137. I have carefully considered all the circumstances that the defendant Bustillo has offered in evidence concerning his fear of Rankine. On Bustillo's own evidence, Rankine was staying at his home. They were at his home to make music. He had known Rankine for some time. Even if I accept his evidence that he had never seen Rankine with a gun before, he does not say that there was any overt action that may have caused him to feel that threat of him Ranthe following by Rankine.e i 25 there was a being in 27 28 "I now Daniel Rankine. I have known him for like 3-4 years. In 2019, I was interviewed by the police and in the interview, I said to the police that Mr. Rankine ```
```html 1 is a friend or supposed to be friend, but we not really like down down. “... in April 2 2019 the relationship with Mr. Rankine：we used to do music together and that is 3 about it. In 2019，I would see Mr. Rankine，I would see him one or two times a month. 4 I described him as a serious dude with no remorse，I would say he，what I know he 5 always serious. Like he would do things. In 2019，I knew he was easy to snap in 6 terms of his temper.” 7 138. This enterprise/mission/move was at the behest of Jamar Timothy on Bustillo’s account. 9 The prosecution have highlighted that Bustillo’s actions do not support his defence that 10 he reasonably believed he was in danger or serious injury or death. The prosecution 11 points to the fact that when Rankine and Timothy exited the vehicle，Bustillo remained 12 in the vehicle，on his account，on the phone with his girlfriend. He also stated that he 13 drove Rankine back to his house in West Bay. I do not find in all the circumstances that 14 Bustillo was or may he have been，impelled to act as he did because，as a result of what 15 he reasonably believed to be the situation，he had good cause to fear that otherwise death 16 or serious physical injury would result. 17 139. I must go back to the prosecution’s case. I find that the prosecution’s evidence does 19 satisfy me so that I am sure that Bustillo was in possession of the firearm on the night in 20 question. I accept the complainant’s evidence of his observations of Bustillo with the 21 gun at the destination. 22 140. With regard to Rankine，there is no forensic evidence to connect this defendant to the 23 snoo a with this court’s finding that that evidence of identification was the 24 26 misidentification this satisfied surio was the s 25 ssession 26 Rankine e p 27 of an unlicenced firearm on the night in question. Verdict Judgment: R v Bustillo (Carlos Jameel) & Rankine (Daniel Wallace). Ind. 39，67，68/2019. Coram： Carter J. (Actg.). Date： 12.02.2021 Page 46 of 47 ```
```html 1 141. The court's verdict is: 2 3 a. Not guilty on all counts for Rankine 4 5 b. Guilty to possession of the firearm for Bustillo. 6 7 8 Dated this 12th day of February 2021. 9 10 11 12 13 14 Madam Justice Marlene I. Carter Judge of the Grand Court (Acting) ``` ```latex \documentclass{article} \usepackage{amsmath} \usepackage{graphicx} \section{The court's verdict is:} \begin{enumerate} \item Not guilty on all counts for Rankine \item Guilty to possession of the firearm for Bustillo. \end{enumerate} Dated this 12th day of February 2021. \begin{figure}[h] \centering \includegraphics[width=0.5\textwidth]{signature.png} \caption{Signature of Madam Justice Marlene I. Carter} \end{figure} Madam Justice Marlene I. Carter\\ Judge of the Grand Court (Acting) \begin{table}[h] \centering \begin{tabular}{|c|c|c|} \hline 1 & 141. & The court's verdict is: \\ \hline 2 & 3 & a. Not guilty on all counts for Rankine \\ \hline 4 & 5 & b. Guilty to possession of the firearm for Bustillo. \\ \hline 6 & 7 & \\ \hline 8 & & Dated this 12th day of February 2021. \\ \hline 9 & & \\ \hline 10 & 11 & \\ \hline 13 & 14 & Madam Justice Marlene I. Carter \\ \hline & & Judge of the Grand Court (Acting) \\ \hline \end{tabular} \end{table} \begin{table}[h] \centering \begin{tabular}{|c|c|c|} \hline \multicolumn{3}{|c|}{\textbf{Verdict Judgment: R v Bustillo (Carlos Jameel) \& Rankine (Daniel Wallace). Ind. 39, 67, 68/2019. Coram: Carter J. (Actg.). Date: 12.02.2021}} \\ \hline \multicolumn{3}{|c|}{Page 47 of 47} \\ \hline \end{tabular} \end{table}