Judge throws out weak drug case following re-trial

| 08/12/2014

(CNS): A Jamaican national who had been previously convicted, in his absence, of drug trafficking was acquitted Wednesday due to lack of evidence. Danien Cecil Henry was found guilty of drug trafficking in 2009 in Summary Court. After he was recaptured in 2013 following his escape from George Town police station, he began serving an 11 year sentence. But after applying for and achieving a successful appeal in the Grand Court, the verdict was overturned and a new trial ordered, which took place last week. The retrial ended in a not guilty verdict half way through, when Justice Malcolm Swift threw out the case and directed the jury to acquit, following a no case submission.

Henry (33) was accused of supplying more than 20 cocaine pellets in 2008 to a witness who had swallowed and transported them to the Cayman Islands from Jamaica. The witness, Dean Bayley, was later arrested and gave evidence against Henry. Bayley admitted smuggling the drugs but claimed Henry talked him into carrying more than 66 grams of cocaine. He was sentenced to three-and-a-half years following his guilty plea.

Justice Swift threw out the crown's case, which was based entirely on Bayley’s word with no corroborating evidence.  The court heard that the evidence was full of inconsistencies and described by Swift as “not satisfactory” in order to justly convict Henry.

The defence attorney in the case, Guy Dillaway-Parry, had suggested the case against Henry was in the first place unjustifiable because there was no supporting evidence, as he pointing to major weaknesses in the police investigation.

Category: Crime

Comments (14)

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  1. Anonymous says:

    Well well, once again our amazing legal dept and police force get it right. 

    I can only assume he will no sue the CI gov. For the distress of being deported from his country. What I would like to know what was the total cost to us?

    i have heard on the talk shows and in news articles everyone asking for the resignation of the commissioner of the police dept. well I agree with this but we also need to sack a majority of the legal dept. as they are not capable of winning a case unless the person pleads guilty…

  2. Anonymous says:

    I dont understand why the DPP Office takes cases to Court and then they declare No Case to Submit. And at other times, they dont take cases to Court for which there is overwhelming and blatant evidence of wrongdoing.

  3. Anonymous says:

    Cayman’s legal department needs a complete purging. Kick these useless people out and save some money on their huge pension plans.

  4. Anonymous says:

    Deportation order?

  5. Anonymous says:

    DPP actually sent this to court? No surprise there? Maybe after a couple lawsuits in the millions people will pull their heads out of the sand and fire that entire department.

    Once again Politicians will be silent on this performance! I would file a law suit claiming gross malicious behavior which is all too common in the legal department, headed by the iron horses who can neither run or be moved.

    SMH! 

  6. Anonymous says:

    Maybe the RCIP should hire him.

  7. Anon says:

    Is Henry still on the island? 

  8. Anonymous says:

    Chief Cop needs a DING DONG AWARD.

    • Anonymous says:

      Us expats must not be greedy.  Lets give your ding dong award to your failing politicians and civil servants.  Especially those who need a policy to know that using a government credit card to gamble is wrong, or those who commission reports and then because they dont like the findings alter it, or those who commission reports from accounts to fix our education system, and lets not exclude those who are just plain inept.

    • Anonymous says:

      How do you even manage to blame this one on Baines?  A judge decided that there wasn't enough evidence to re-try the guy, even 'tho another judge, and presumably a jury did.

  9. Anonymous says:

    Interesting, I now see the crown'ss case scheduled for Wedesday of this week:

     

    CHAMBERS 9:30 A.M. HON. JUSTICE WILLIAMS

    G 161/14 Rosworth McLaughlin v. Eric Bush et al

    S/inter partes hearing M&W/AG

  10. Anonymous says:

    well job done Mr. Baines, another blow to A-team crew