Adams et Al v The Queen
| Jurisdiction | Barbados |
| Judge | Williams, C.J.,Moe, J.A.,Chase, J.A. |
| Judgment Date | 21 February 1997 |
| Neutral Citation | BB 1997 CA 7 |
| Docket Number | Criminal Appeal No. 64 and 66 of 1993 |
| Court | Court of Appeal (Barbados) |
| Date | 21 February 1997 |
Court of Appeal
Williams, C.J. Moe, J.A. Chase, J.A.
Criminal Appeal No. 64 and 66 of 1993
Mr. A. Pilgrim for appellant Adams.
Mr. O. Alleyne in association with Mr. C. Sue for appellant Tull.
Mr. Olton Springer for respondent.
Criminal practice and procedure - Direction to the jury on circumstantial evidence — Robbery with aggravation — Assault — Appellants appealed against convictions — Whether the judge erred in not holding a voir dire — Whether the judge erred in his treatment of the identification evidence — Whether the judge failed to direct the jury on how they should approach circumstantial evidence — Whether the judge misdirected the jury on how they should approach the evidence of the defence witness — Whether the second appellant was wrongly kept shackled for the duration of the trial — Decision that the judge misdirected the jury in more than one respect — Section 13(2) of the Criminal Appeal Act, Cap. 113A however applied — Appeal dismissed
On November 16, 1993 the two prisoners Paul Tom Adams, and Daniel Mario Tull were arraigned before a judge and jury on an indictment containing two counts and pleaded not guilty to each count. The first count charged them with robbery with aggravation, that they on April 2, 1993 together robbed Allan Bailey of $300 Barbados currency and 4 cheques; and the second count with assault, that they on the same date assaulted Constance Bailey.
After the pleas had been taken counsel for the Crown informed the court that Constance Bailey had died and the Crown would not be offering any evidence against the prisoners on that count. A nolle prosequi was entered on that count and the trial proceeded on the first count.
The virtual complainant on that count, Allan Bailey, then aged 84, was the first witness and on the conclusion of his evidence the prisoner Adams informed the court that he wished to change his plea. Both prisoners were re-arraigned, Adams pleaded guilty and Tull again pleaded not guilty. The trial then proceeded against Tull alone.
Allan Bailey's evidence was that he used to live in England but had been residing in Barbados for the past 28 years. He and his wife used to live together at Glitter Bay Terrace. He had known the prisoner Adams for about 4 to 5 years. He used to do odd jobs for him and would stay at his house when he worked for him. Adams went to Canada in February 1991 and would telephone him from Canada occasionally. On March 12, 1993 he received a call from Adams who asked him to send him money so that he could return and promised to work in the sugar crop in order to earn money to repay him. He told Adams that he would not send money but would send a ticket whereupon Adams asked him to meet him at the airport and to allow him to stay at his home for a few days until he could find accommodation of his own.
He met Adams at the airport on March 21 and took him to his home. Adams stayed until April 2 but did not sleep there every night. On April 2 Adams left his home about 2 p.m. and returned about 2.15 p.m. with Tull whom Adams introduced as “Dread”, a friend. Adams asked him for bus fare so that he could go to town to meet a friend. He went into his bedroom and sat at his desk. He told Adams he could come for the 3 dollars bus fare. The middle drawer of the desk was open. He felt an arm around his neck and a knife to his throat. A sock was placed in his mouth and Adams bound his face and mouth with tape. The sock was removed from his mouth after he began to choke. Adams took $340 Barbados currency from his desk and then took his cheque book from the drawer and made him write four cheques: two made out to Adams, one for $5000 and another for $7000, one made out to Hayden Adams for $5000, and the fourth made out to Daniel Tull for $5000. There were two persons in the room because he could hear them talking to each other. Adams made him lie down in his bed and his hands and feet were bound with tape. The cheques were drawn on his account at Barclays Bank, Speightstown and Adams asked him if the bank at Holetown would cash them. He heard Adams leave the house while Tull, with a woollen mask on his face, kept and over him with a knife.
Adams was away for about 30 to 45 minutes and when he returned he came into the room and locked the door. He saw Adams leave the room and return with his wife Constance. They bound her mouth and nose with tape and pushed her into the bed beside him. They bound her hands and feet and then bound both of them to the bed with tape. Adams brought a radio from another room, switched it on and turned up the volume very high. Adams told them they should remain in bed until the maid came next morning, that his people were outside watching the house and that if anything went wrong, they would set the house on fire. He disconnected the telephone, locked the bedroom door and left.
Bailey was able to free himself 5 to 10 minutes after they had left and he cut the tape from around his wife's face so that she could breathe. He then released her completely by cutting away the rest of the tape from her body. He unlocked the bedroom door, left the house and went to a neighbour's home where he used the phone to call the police and Barclays Bank at Holetown. He made inquiries and received information from the bank and gave instructions concerning the cheques he had signed.
Hayden Adams, 17 years old, testified that he was Adam's nephew and that he knew Tull. On April 2, 1993 they came to his home in Black Rock by taxi at about 4 p.m. He got into the taxi with them and the three of them were driven first to Tull's home at Chapman Lane where Tull picked up some clothes and then to the airport. They went to the desk of Canadian Airlines where they tried to get tickets on an airline to go to Canada that afternoon. He saw his uncle with a number of cheques which he gave to the airline clerk. While he was at the counter the police arrived and took them away.
Janet Brathwaite and June Haynes testified that they were employed at Barclays Bank, Sunset Crest on April 2. Brathwaite's evidence was that sometime after 3 p.m. Mr. Gibson, a senior supervisor, gave her a cheque (Exhibit A) for $5000 drawn on the Speightstown branch. She prepared another cheque (Exhibit B) in favour of Canadian Airlines and presented it to June Haynes for her signature. Haynes testified that she was a junior supervisor and she recalled Brathwaite on April 2 bringing her a cheque for $5000 for her signature (Exhibit B). Exhibit A, she said, was used to purchase Exhibit B.
Anthony Hall, senior customer services agent at Air Canada, was on duty at the travel counter of Air Canada on April 2. He recalled Tull and two other men coming to him and telling him that they had reservations on Air Canada flight 967 to Toronto which was due to leave Barbados at 5.50 p.m. They presented a cheque for $5000 made out in favour of Canadian Airlines and he identified Exhibit B as the cheque. He told them that he could not accept the cheque because it was made out to Canadian Airlines and not to Air Canada which is a different company. He tried unsuccessfully to get them tickets. He later pointed out the men to a police officer.
P.C. Pilgrim testified that he was on duty at the airport about 5.25 p.m. on April 2. He went to Air Canada's counter and spoke to Mr. St. Hill who pointed out the three men. He went to Adams and Tull and told them that he was investigating a report that they had robbed Allan Bailey of No. 3 Glitter Bay Terrace, St. James earlier that day of money and cheques and cautioned them separately. They made no reply. He took the men and the witness Adams to the airport station where Adams took a cheque from his pocket and said that it was he who had robbed Bailey and not the other two men. He cautioned Adams. Later that day he handed over Adams, Tull and the witness Adams to Station Sergeant Phillips to whom he also gave the cheque that Adams had given him (Exhibit B).
P.C. Forde and P.C. Ellis testified as to an oral statement and written statement made by Tull. According to them Tull said:
“Man officer all I do was to help tie up Allan Bailey and his wife but Paul is who had the money.”
The written statement which was admitted in evidence as Exhibit D is as follows:–
“Yesterday about 2 o'clock I went down by a house down Glitter Bay Terrace to visit my friend Paul Adams who was staying at a man named Allan Bailey. I have known Paul about a year ago because we met each other in Canada. I spent three years in Canada and came back to Barbados some time last month. When I get over by Paul yesterday we had a few drinks together and then me and Paul went and tied up the said man and his wife.
At first the man Allan was in the bedroom and after we tied him up we made him call his wife so me and Paul tied she up too. Paul then had a knife and demanded Allan to write out some cheques for various sums of money. Then Paul left and went to the bank and I remained in the bedroom with the people still tied up. After Paul came back from the bank the two of us then left and took a bus and went over to Black Rock. We then took a taxi and went to Chapman Lane by my family and took my clothes and we went to the airport in the same taxi. Afterwards while we were at the airport the police came and took me to the station.”
Tull, when told of his rights, elected to make an unsworn statement. He said:–
“Sir, I was living at Chapman Lane when I was arrested by the police on April 2, 1993. About three days before I was arrested I saw the accused Paul Tom Adams in the Nelson Street area of Bridgetown. He and I had some drinks and we talked about going back to Canada. Accused Paul Adams told me that he would help me with my ticket and I told him that I would reimburse him when I got back to Canada. He also...
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