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Fifth man arrested as three appear in court for armed bank robbery

Three men have appeared in court charged with a total of six offences in connection with an armed bank robbery in Somerset.

Yusef Ameerbakka DeSilva, 26, Rupert Elroy Archibald 35, and Michael Eugene Dillas, 31, all appeared before a special Magistrates' Court sitting on Saturday.

They were arrested on Wednesday following a raid on the Bank of Bermuda and yesterday it emerged that a fourth man taken into custody the same day has been released.

It was also revealed over the weekend that a fifth man has been arrested in connection with the robbery. Vincent Sean Dill was released on Police bail over the weekend and on Friday officers arrested another man in connection with the robbery. He is not being named, but Police say he is in custody under arrest.

On Saturday dozens of onlookers stood outside Magistrates' Court as DeSilva, Archibald and Dillas were each put into an unmarked Police car and driven the short distance from Hamilton Police Station to the court.

All three faced charges of `being armed with a dangerous weapon, did rob $8,422 in Bermudian money and $9,581 in United States money, the property of the Bank of Bermuda'.

They also faced another charge of `being armed with a dangerous weapon did rob $15,816 in Bermudian money and $4,579 in United States money and Five Pounds and thirty pence, the property of the Bank of Bermuda'.

DeSilva, of Cobbs Hill Road, Warwick, was charged with using a firearm while committing an indictable offence, namely armed robbery.

Archibald, of Rocky Wold Drive, Sandys, was charged with using a firearm while committing an indictable offence.

Three appear in court for armed robbery He was also charged with helping DeSilva "who to your knowledge had committed a felony, to wit armed robbery, in order to enable him to escape punishment'.

Dillas, of Stovell Bay Lane, Pembroke, was also charged with helping DeSilva to escape.

They were not required to enter pleas and were remanded into custody by Senior Magistrate Will Francis. They will appear again on April 25.

Archie Warner, helped by Renee Foggo, represented Archibald and Dillas and Khamisi Tokunbo appeared for the Crown. DeSilva was not represented.

Mr. Warner had succeeded in having a writ of Habeas Corpus -- which calls for suspects to be charged or released -- heard, but because his clients were charged the writ was not needed.

However in a separate Supreme Court case on Saturday Mr. Warner claimed that Archibald and Dillas were held unlawfully and therefore he should be awarded costs for working to release them from custody.

Mr. Warner told acting Puisne Judge Michael Mello: "My clients were held for more than 48 hours which was unlawful.

"Because it was unlawful we had to take steps to get them out of custody and because of that we incurred costs.'' He claimed neither Archibald or Dillas were allowed to contact their attorneys on Wednesday when they were arrested and were only able to call on Thursday, although Police denied any knowledge of them being denied calls.

Mr. Warner argued that his clients should have been held for only 48 hours and brought before a court by about 1 p.m. on Friday.

The court heard that Mr. Warner also faxed Police a letter on Friday morning saying if his clients were not bailed or charged "any continued detention would be unlawful''.

Acting Supt. Norrell Hull, the man in charge of the Police investigation, told the court he received the letter at about 3.35 p.m. on Friday.

"I was informed by the officers that because of the complexity of the case they were not in a position at that stage to discuss what if anything in respect of charges would be made in respect of these two accused or other people who were arrested.

"I spoke to the officers at about 4.45 p.m. and I also instructed that the letter was faxed to the Attorney General's chambers and a copy of the letter was given to the senior investigator.

"I spoke to the Attorney General about 5.30 p.m. on Friday about the charges,'' he told the court.

"Subsequent to the conversation and the Attorney General's instructions it was decided that three of the accused would appear before Magistrates' Court on Saturday morning. That was all concluded by 6.30 p.m. on Friday.'' Acting Supt. Hull said he did not contact Mr. Warner's chambers because he thought they would have been closed.

He also said the investigation was "very exceptional'' due to the gravity of the alleged offences, the number of accused involved and the "demeanour of the accused who were uncooperative''.

Mr. Warner told the judge: "They were held unlawfully between Friday when the 48 hours expired and Saturday morning when they were brought to court.

"They should be charged or brought to court within the 48 hour period.

Because that did not happen they were forced to instruct counsel to issue a writ of Habeas Corpus.'' Crown Counsel Khamisi Tokunbo said Mr. Warner argued the detention was unlawful because it was in excess of 48 hours.

"That seems to be the sole basis of his reasoning, because that is the position in the UK, but the position in the UK is different to Bermuda and Bermudian law is applicable only,'' said Mr. Tokunbo.

"The whole issue of whether they were detained unlawfully turns on whether they have been bailed or whether they have been brought before a Magistrates' Court `as soon as is practicable'.

"It is those words that determine whether the detention has been unlawful or not. The question is whether they were brought as soon as is practicable as oppose to 48 hours.

"I would urge that a declaration that the detention was unlawful be refused,'' he added.

Acting Mr. Justice Mello reserved his judgement.

Photos by Tony Cordeiro and David Skinner COURT APPEARANCE -- Robbery suspects Michael Eugene Dillas (left), Yusef Ameerbakka DeSilva (below right), and Rupert Elroy Archibald (right) are led by Police into Magistrates' Court on Saturday.

ARMED ROBBERY CRIME CRM