Appeal against architect’s acquittal is dismissed
An appeal against the acquittal of a former Government architect charged with fraud has been dismissed by Chief Justice Richard Ground.Kyril Burrows, 47, was found not guilty in Magistrates’ Court last year of forgery and making false representation to defraud Compass Holdings.He has since been charged with three others for conspiring to defraud the Bermuda Government of more that $150,000.The Crown sought to appeal the Magistrates’ Court decision on the grounds of perceived bias. It argued that Shade Subair, who presided over the trial as an acting Magistrate, had a professional relationship with one of the Crown’s chief witnesses, Elvin Binns.Crown counsel Larissa Burgess told Mr Justice Ground that the full extent of the connection between Ms Subair and Mr Binns was not explained until the trial was already underway.Mr Justice Ground agreed that Ms Subair may have made procedural errors in not fully disclosing everything at the onset of the trail, but said there was no right for the Crown to appeal an acquittal unless the appeal is based on a matter of law directly connected to the acquittal itself.He said: “I don’t think there is a right of appeal for the Crown in this case, and so I dismiss this appeal.”