Bank robber says he's not afraid of dying
A convicted bank robber told a Supreme Court jury he was not afraid to die.
"Before we even went into the bank...we were concerned about somebody ratting like I'm doing now,'' said Yusef Ameerbakka DeSilva.
"We said anybody who talks is dying,'' he added. "I'm not afraid to die.'' DeSilva was testifying against his alleged accomplices, Rupert Elroy Archibald and Michael Eugene Dillas.
The two men deny carrying and using firearms, and two counts of armed robbery in connection with the heist of some $37,500 from the Bank of Bermuda in Somerset last year.
DeSilva pleaded guilty to charges stemming from the same incident earlier this year, but only recently identified Archibald and Dillas as co-conspirators.
Yesterday, Dillas' lawyer Victoria Pearman challenged DeSilva about his apparent change of mind in testifying against her client.
She suggested the 28-year-old had done so only because he had been promised some kind of deal.
And when questioned by Ms Pearman about hand movements made during his first day of testimony, DeSilva explained: "That was for Archibald. What goes around comes around -- Shorter.'' DeSilva then became increasingly frustrated as Ms Pearman suggested he had lied about receiving the guns used in the robbery from Archibald, and that he had told other inmates that Archibald and Dillas did not take part in the robbery.
Bank robber: I am not `afraid to die' "What you're doing is insulting me. You don't know the pain and struggle I've been through -- the heaven and hell I've been through for those guys,'' he angrily retorted. "You don't understand, you're just doing your job.'' However, Ms Pearman continued and said DeSilva had maintained his silence only until receiving "a deal that was too good to be true''.
Again, DeSilva denied the allegation.
"From the start I had a better deal,'' he responded. "The Police came to me with a better deal. I turned it down.'' But he claimed he passed a turning point in his decision to remain silent after an incident with Dillas while both men were on remand.
According to DeSilva, Dillas refused to allow him to get a cup of orange juice at breakfast.
"He can't even sacrifice a cup of orange juice for me? I was hurting...all those promises died,'' he said.
And he repeatedly rejected suggestions he had tailored his testimony to support Police evidence.
"Do me a favour Ms Pearman, look at my mother and tell her I'm lying,'' said DeSilva pointing to the gallery. "Tell her I'm a dirty bastard.'' But before Ms Pearman could respond, Archibald jumped to his feet inside the dock and shouted to DeSilva: "I'll do you one better than that and I'll tell you.'' "Your son is up there lying,'' Archibald looked over his shoulder and told DeSilva's mother.
Chief Justice Austin Ward immediately rebuked Archibald.
"You dare not break out in my court,'' he said. "I don't take nonsense from anybody -- that includes you.'' Ms Pearman then continued probing DeSilva regarding his apparent change of mind and inconsistencies with previous statements.
She questioned how he was able -- as he said in Monday's testimony -- to take off his clothes and gloves, pass over a pair of guns, and drive the getaway boat at the same time.
She also pointed out that despite DeSilva's claim to want to protect his alleged accomplices, he told Police about Travis Dill's involvement.
DeSilva responded by saying Police had Travis Dill in custody, despite the fact that he was not involved.
"I gave Travis enough time to clean himself up,'' he said. "There was nothing to tie him to it (the robbery).'' Also yesterday Mr. Warner repeatedly accused DeSilva of trying to kill security guard Gary Hunter.
But DeSilva denied the allegation. He said that in a preliminary hearing Mr.
Hunter said that it only "appeared'' he had pulled the trigger.
DeSilva went on to explain that he was the first man to enter the bank because a different guard had been expected.
"I was going in first because it was supposed to be Miller... who locked Archibald down at Westgate,'' he said.
"Roy (Archibald) only had a stocking on his face. He (Miller) would have seen him and known him.'' After DeSilva's mention of Westgate, Chief Justice Ward reminded the jury members they "must not try the accused on any past record''.
DeSilva went on to describe he and Archibald as "best buddies'' who spent much of their remand time together.
"Roy wanted to live his life,'' said DeSilva. "For him to get sentenced would end his life.'' In contrast, DeSilva said Dillas was "not his cup of tea'', but he was "part of the package'' in the gang's decision to keep silent.
Archibald Warner, representing Archibald, then questioned DeSilva extensively regarding Police plans to implicate his client by selling him bullets in a sting operation.
DeSilva agreed the Police "wanted him pretty bad '', but that Archibald had not been tempted by the offer.
Mr. Warner also questioned DeSilva further about a promised deal in exchange for his testimony.
DeSilva said he had been told if his evidence was substantial to the Crown's case, legal principles would be established on appeal which might lead to a 50 percent reduction in his 18-year sentence.
But he noted: "That's not guaranteed.'' DeSilva also claimed a written copy of the arrangement was stolen from his room and given to Archibald and Dillas.
And he denied Mr. Warner's suggestion that he had told other inmates he planned to accuse Archibald and Dillas -- and then retract his lies -- in order to shorten his sentence.
The trial continues today. Brian Calhoun and Patrick Doherty are representing the Crown.