ST. JOHN'S, N.L. — Is it possible Cory Quilty is one of two "backhoe bandits" who used a piece of heavy machinery to smash into a St. John's bank earlier this year? Yes, says Quilty's defence lawyer, it's possible.
Is it the only reasonable explanation for Quilty's presence in the alleged getaway truck when it was pulled over by police less than 10 minutes later? Jon Noonan says no, it's not.
In provincial court in St. John's Monday, Noonan asked the judge to consider the possibility Quilty had been picked up at a Tim Hortons location after the attempted robbery, or the possibility Quilty and his co-accused, Jamie Kennedy, were being paid by the robber to drive the truck out of town and get rid of it.
With only circumstantial evidence tying Quilty and Kennedy to the crime, their lawyers say there are too many other potential explanations for their presence in the front seat of the white pickup with the false plate.
Quilty, 42, and Kennedy, 41, are facing charges of break and entry and motor vehicle theft. They were arrested in the early morning hours of Jan. 19 in connection with an attempted break-in at the BMO (Bank of Montreal) branch on Newfoundland Drive in St. John's.
On Monday, prosecutor Jennifer Standen played for the court a series of short video clips taken from various surveillance cameras in the east end of the city between roughly 3 a.m. and 4:30 a.m. on the morning in question.
A white pickup with what appears to be a red door is seen entering the Sobeys parking lot on Torbay Road and stopping near a parked front-end loader. Two individuals are seen moving back and forth between the vehicles — one in dark clothing and the other in a light jacket — before the loader leaves the lot, followed by the pickup.
The loader and the pickup are then seen entering the parking lot of the BMO branch on Newfoundland Drive. The loader approaches the ATM in the drive-thru area of the bank and strikes the side of the building. Cameras inside the bank capture the interior wall giving way and the bucket of the vehicle crashing through, sending debris flying into the room and causing extensive damage.
Standen said the robbery suspects fled the scene empty-handed before RNC officers arrived, alerted by a vibration alarm on the ATM.
About seven minutes later, police officers stopped a white pickup truck with a red door travelling on the highway near Paddy's Pond, sporting a false licence plate. Trucks in this province are issued plates beginning with the letter C, which the licence plate on the white pickup didn't have.
"When we look at the totality of the evidence — the videos, the clothing, the keys — we submit that the only reasonable inference to be drawn is that the two individuals in the pickup were the same individuals seen in the videos." — prosecutor Jennifer Standen
Kennedy was behind the wheel and Quilty was in the passenger seat. Also in the truck were three heavy equipment keys, including a universal CAT key — the same kind of key required to start the stolen front-end loader.
Standen told the court Kennedy has worked as a heavy equipment operator in the past, and pointed out the suspect driving the loader had no issues manoeuvring it, according to the video.
He and Quilty, though not confirmed to be the suspects in the videos, were wearing similar clothing to the suspects, Standen said. The pickup truck was so unique in colour that it would be unlikely there were two of them on the road at that time of the morning, she said.
"The Crown acknowledges the evidence in this case is circumstantial," she said. "When we look at the totality of the evidence — the videos, the clothing, the keys — we submit that the only reasonable inference to be drawn is that the two individuals in the pickup were the same individuals seen in the videos."
Defence lawyer Mark Gruchy, representing Kennedy, echoed Noonan's arguments when it came to a lack of direct evidence tying his client to the attempted robbery. He went a step further, saying it would be unlikely, given the snowy weather conditions, the short time frame and the distance travelled, that the truck Kennedy and Quilty were driving was the same one involved in the bank break-in.
"All in all, this is a situation where identity has not been established." — defense lawyer Mark Gruchy
"I did some calculations and at 100 km/h, it would have taken 13.5 minutes to get from the bank to (the Paddy's Pond area)," Gruchy said, reminding the court there were only seven minutes between the time of the bank alarm and the men's arrest. "Unlike (Noonan), I am not conceding the vehicle was involved."
Gruchy said Kennedy's licence had been suspended due to an impaired driving charge, which could explain why one might attempt to use a false plate. Kennedy had also been known to provide snowclearing services, which would account for him being out at that time of day in snowy weather, Gruchy said.
"All in all," he said, "this is a situation where identity has not been established."
Judge Colin Flynn will return with his verdict Dec. 20.
Kennedy and Quilty had originally been facing additional charges related to the attempted bank robbery, but Standen withdrew those charges Monday.
The attempted robbery last January was the fourth time within a week that suspects used heavy equipment to break into a business in the metro area. Another front-end loader was used to gain entry to a TD Bank branch on Elizabeth Avenue; a backhoe was used to smash through four windows at Sobeys on Kelsey Drive, where an ATM was stolen; and suspects used an excavator to break into a Scotiabank branch in Conception Bay South.
Twitter: @tara_bradbury
RELATED