Crime
Women avoids jail after violent nightclub attack
(CNS): A 23-year-old woman escaped jail time last month following her conviction for wounding another woman in a nightclub. Ericka Watler was given a 12 month probation order after she pleaded guilty to unlawfully wounding Jessica Eden at Nectar Night Club in November last year. The court heard that alcohol had fuelled both women into provoking each other, which led to a fight where Watler used a beer bottle to attack Eden. Although Eden suffered two facial wounds, the injuries were not considered to be serious and Watler, who had no previous convictions, was handed a non-custodial sentence and ordered to perform 240 hours community service.
She was also order to pay approximately KYD $1,500 of medical expenses incurred by Eden for treatment to her injuries.
Eden was said to be out enjoying Pirates Week on the night of the fight and decided to go to Nectar Nightclub and Watler entered shortly afterwards. Eden claimed that while she was at the bar, Watler showed her the finger and in response Eden sent her a "whatsapp" message, telling her what to do with it. This led Watler to attack Eden with a beer bottle on the left side of her face. A fight between the two women then broke out in the club, in which punches were thrown until both women were parted.
Eden was taken to the Cayman Islands Hospital in George Town, where she was treated for two facial wounds and discharged. Water was arrested and interviewed after the altercation and said she was acting in self-defense. Her attorney told the court that there was a history of "bad blood" between the two women, which led to the fight. Watler had stated that she had no intention of attacking Eden and that alcohol had fuelled her impulsive reaction. She had also been deeply remorseful and accepted full responsibility over her actions.
In his ruling, Justice Charles Quinn stated he recognized that both women contributed to bringing about the fight but was concerned that "a young woman with such a promising future" allowed herself to be pushed past the point of rationality. He therefore made an order that Watler participates inanger management counselling so as to "never let her temper get the better of her again".
Street robbers strike in GT
(CNS): Police are investigating two muggings at gunpoint on Saturday night in two separate George Town locations that happened a few hours apart which officers believe are connected. In both instances cash and phones, among other things, were taken from the victims in the street hold-ups by masked the assailants. An RCIPS spokesperson said the first robbery happened around 10pm on Martin Drive in central George Town. As a 38-year-old man was walking to his home in the area, he was approached by two masked men. One of the men was armed with a handgun, while the second man had a knife. They demanded the bag and cash from him before running off on foot.
Police said the bag contained a Jamaican passport, a bank book, a Blackberry Curve and a Sumsung Duos. The victim had around CI$1,000 cash in his pocket that the armed masked men also stole. No shots were fired and he was not physically injured.
The man who was armed with the gun was described as being of slim build and about 5’ 5” tall. The one with the knife was around six feet tall with a slim build and he spoke with a Caymanian accent. Both were dressed in dark clothing and were wearing masks and hoodies over their heads.
The second street mugging happened in the very early hours of Sunday morning at around a quarter past midnight, when a 37-year-old man and a 35-year-old woman, both residents of George Town, reported that they were mugged shortly after leaving the Cayman Cabana along the waterfront. They had walked to their car, which was in a small parking lot on Rock Hole Road near to the intersection with Mary Street.
As the couple were talking in the parking lot, they were approached by two masked men both armed with handguns, who demanded that they hand over everything. They took the man’s cell phone and a small amount of cash but nothing was taken from the female victim. After the robbery they ran off towards North Church Street. No shots were fired and the victims were not physically injured.
In that case one of the robbers was described as about 5’ 9” tall with a dark complexion and he spoke with a Caymanian accent but they were unable to give a description of the second suspect.
Investigators of the George Town CID said they are treating both incidents as connected and anyone with information about the robberies are asked to contact DS Stacyann Stewart at 526-0475 or Crime Stoppers on 800 8477(TIPS).
Violence on Shedden Road
(CNS) Updated: Police have now charged a man with wounding with intent and possession of an offensive weapon in connection with one of two arrests made early Saturday morning following two violent incidents on Shedden Road in George Town. The 31-year-old George Town man was arrested for stabbing a 47-year-old man in the chest and he appeared before magistrates on Sunday after he was charged. Meanwhile, a 27-year-old George Town man was arrested for shooting at a car along Shedden Road in the same area. Although the incidents occurred within less than 20 minutes of each other, police said they do not believe the incidents were linked.
A spokesperson for the RCIPS said the gun in the second incident was fired at around 3:12am in the vicinity of Jacques Scott. A Ford Edge SUV was damaged but no one was physically injured and the 27-year-old remains in police custody.
The man who was stabbed received a serious wound to his chest during the first incident, which happened in the same area on Shedden Road at about 3:31 this morning, police said. He was taken to the Cayman Islands Hospital in George Town, where he underwent surgery and is in stable condition. The 31-year-old man arrested for wounding is also in police custody.
Anyone who has information about either incident or was in the area at the time of the stabbing or the shooting is asked to contact the George Town CID at 949-4222, Detective Inspector Joseph Wright at 949-7710 of the Serious Crime Task Force or Crime Stoppers on 800 8477(TIPS).
Prison to review all staff
(CNS): Following the revelations that a convicted sex-offender had been employed for several years at the prison without having admitted his past crimes, the director has stated that HMP Northwardwill be reviewing all of its employees to ensure that there are no more surprises. Neil Lavis said that no system was fool proof if those recruited give out dishonest information but said there would be an effort to double-check the background of existing officers and that recruitment practices would be improved. The ministry has also confirmed that Ricardo Fisher, who resigned when his past history was revealed, will not be prosecuted for failing to declare his criminal history. Despite enquiries regarding his status in Cayman, the immigration department has failed to respond.
Lavis, who arrived long after Fisher was employed, told CNS that all existing officers will be checked again under a full internal review and the ministry was examining the introduction of additional background check mechanisms which could be used for all of the command and control agencies under its remit, in consultation with the Portfolio of the Civil Service and the head of the civil service.
The revelations about Fisher came against the backdrop of other revelations that a man under investigation for murder had been recruited to the RCIPS and had been placed quietly on paid leave for some two years without the public being informed. This was exposed when Tyrone Findlay was convicted of murder in Jamaica last month.
The two issues have brought the practices relating to recruitment and background checks on law enforcement officials into sharp focus. A long held public concern has been that because Cayman is so dependent on overseas employees many questionable characters have slipped through the net and are in positions of trust or power.
Lavis said he would be taking a closer look at the prison staff but warned that it was not always easy to find the truth about everyone coming from overseas. While information is easily accessible in the United States, it is not always the case in other jurisdictions, especially in the UK where the legislation is much stricter and prevents the wider publishing of offenders' details.
Baines still in line of fire
(CNS): Although the police commissioner escaped being the subject of a no confidence motion in the Legislative Assembly this week after the premier managed to persuade opposition MLA Bernie Bush to hold fire until he discusses Baines’ position with the governor, the top cop is by no means out of the firing line. East End MLA Arden McLean has called on the premier to allow all of the MLAs to meet with the governor to express their concerns. While the recruitment of a murderer to the RCIPS has shocked many, the MLAs have broader concerns about the head of the RCIPS. During another crime focused debate this week, the quality of policing came in for heavy criticism from the MLAs.
The recruitment of a murderer to the RCIPS from Jamaica, however, has caused wide concern in the community and for some it is the last straw. Tyrone Findlay was allegedly recruited to the RCIPS on contract some two months before he was charged with killing a man during a police investigation into a robbery. Once charged, Findlay, who had been serving in the Uniform Support Group, the armed branch of the RCIPS, was placed on leave and remained on the payroll until his conviction last month.
Since then the RCIPS has confirmed that it will be reviewing recruitment practices and the appointment of new officers from Jamaica have been placed on hold. Findlay was said to have glowing references from Jamaica and Baines has claimed that they were not aware he was under investigation for murder.
Baines has denied that he was able to dismiss the officer once he was arrested, despite his short period in the job and the serious nature of the allegations. Baines told CNS that because the officer was recruited in 2011 on a three year contract and there was no probationary period he remained on payroll throughout.
He said the two year period in the police law relates solely to officers who are brandnew recruits with no prior experience.
“The police law alternatively permits the appointment of experienced officers from other jurisdictions for short term contracts and without the probationary period being applicable to them,” he said, adding that it was a misrepresentation that he could have been discharged as a probationer at any time.
“The application of the law has been equally applied to both Cayman and expatriate, as evidence of that and the application of the Public Service Management Law in the case of a local officer convicted of demanding a bribe, sentenced and permitted to appeal … remains on the payroll pending the outcome of that appeal. Regardless of any personal position, that is what the law permits rightly or wrongly,” he said in defence of what many have said is indefensible, and as the head of the organisation Baines should take responsibility.
Findlay was on required leave for the large part of his time on contract but he was brought back by the commissioner in March this year. The RCIPS has said he was working behind a desk at the Marine Unit. Other sources have told CNS this was not the case but we have been unable to ascertain exactly what he was doing until his trial last month.
There is no sign that Baines will be falling on his metaphorical sword, despite the calls for him to go from the independent, opposition and even government benches, as well as the wider public. Baines told Cayman 27 that he would be staying for the next two years until his contract ends.
“I come to work every day and put my efforts into professionally making these islands safer and indeed that is why we are the safest island in the Caribbean," he said. "I understand the concerns that have been expressed and I also understand politics, so it is a matter for the governor.”
He said the comments about him on CNS were regrettable but he was professional enough to get over it. “What is more concerning is that people who should know better are repeating some of the ignorance that is being put on them.”
The commissioner said he accepted the blame for failings of the police when it was their fault. “I don’t accept failings of parenting, failings of education and failings of rehabilitation,” he said, as he took aim at other areas of government. “I merely pick up the pieces … We need to give people a purpose, a plan, and support when they come out of Northward because, guess what, if we don’t they are going to do it again.”
The premier has made no comment on whether he believes the commissioner should remain in post, despite being the home affairs minister. He has said only that he appreciates the strength of feeling held by members and the wider public. Although the political arm of government has no say in police issues, including recruitment, the demonstration of a public lack of confidence in Baines by a united parliament would be difficult for the governor and the Foreign and Commonwealth Office to ignore.
However, McLaughlin is opting for a very private closed door approach and denied a request from the East End member that all the members meet with Governor Helen Kilpatrick and impress upon her their concerns or that any opposition MLAs could be present, in the first instance, when he discusses the issue with her.
He said that when he does meet with the governor, he will express the desire of members to meet with her about the issue. McLaughlin has raised his concerns that the matter is dealt with thoughtfully. He said the public purse has paid out enough money already to departing senior police officers because of hasty actions.
The governor, who is currently in the UK, is expected to return to the Cayman Islands this weekend but the premier has not stated when his meeting with her will take place.
It is clear, however, that the commissioner feels he has nothing to resign over, so if the public wants a new commissioner, they will need to put pressure on their MLAs, especially those on the government benches, so they in turn make it clear to Kilpatrick and the FCO the wishes of the Cayman public.
Teen charged after Brac drug bust
(CNS): A 19-year-old girl who was arrested along with a 37-year-old man in Cayman Brac last week, following an RCIPS drug bust at a Spot Bay address, has been charged, police stated. The teenager, who is from Cayman Brac, has been charged with drug related offences and is expected to appear in the Brac Summary Court on Thursday 29 January. She was arrested after police recovered around two pounds of ganja at the property where a search warrant had been issued. The man, who had fled when the police arrived, was previously charged and appeared in court on Grand Cayman this week. Both have now been bailed.
Christmas crackdown starts with heavy toll
(CNS): The cops' Christmas crackdown began badly for more than three dozen drivers Wednesday. Police said that during the first day of the RCIPS annual Christmas campaign to crackdown on traffic infractions and other crime they prosecuted 39 people on the road. As the festive law enforcement focus started, police were ticketing drivers for a range of offences, from using vehicles with expired registrations, permitting people to drive without being qualified, and speeding. Police also said that they had picked up a wanted man for a criminal offence during one of the targeted road checks. Acting Superintendent Angelique Howell said she was disappointed that the public was still not adhering to the traffic law.
“And each day they are on the roads they are putting other road users lives at risk, including their own,” she said as she warned people the month long campaign would see the RCIPS being relentless in prosecuting those offenders who believe they are above the law.
Illustrating the disregard for the road laws and the dangers on the road from those committing serious traffic offences, Howell said that this year 130 drivers have been arrested for drunk driving and another 847 prosecuted for using a cell phone while driving.
Warning motorist that they must pay special attention to pedestrian crossings or cross-walks she also advised pedestrians to be attentive and said they should look both ways and ensure the road is clear before steppingonto a crossing.
“Safety is everyone’s responsibility,” she added.
The Christmas crime crackdown began Wednesday 10 December and the police will continue the effort throughout the festive season until Sunday 4 January. The RCIPS said the public could expect to see high police visibility during the month long focus.
Cayman says no to public access on ownership
(CNS Business): The Cayman government, along with other affected British territories, has refused to introduce a centralised beneficial ownership register with public access. Premier Alden McLaughlin said Monday that he and Financial Services Minister Wayne Panton, with the support of other territory leaders, stood firm last week in London when on the last day of the Joint Ministerial Council the UK attempted to make the overseas territories and crown dependencies agree to introduce such a register, which would eventually be made public. Read more on CNS Business
Public also nabbed NYD robbers
(CNS): Three members of the public were instrumental in catching the robbers in the now infamous New Year’s Day heist at Diamonds International and were injured for their trouble. Although it was widely publicised that the police commissioner had chased down the fleeing jewel thieves in his Chevy Trailblazer, it wasn’t until the sentencing hearing for the convicted men on Wednesday that the part played by others, who ran after the robbers and literally wrestled with them to prevent their escape, was revealed. The facts of the case against Christopher Myles,James McLean, Jonathan Ramoon and a fourth unknown man were laid out by the director of public prosecutions (DPP) before Justice Charles Quin, who is now considering their fate.
DPP Cheryl Richards QC the told the court that Myles, McLean and Ramoon were part of a joint enterprise with one other man, who has not been identified or caught.
The daylight robbery of the jewellery store, located in the heart of the downtown tourist district, happened just after the store opened and as passengers from the many cruise ships at port that day were moving around the area. The store was also full of staff as a result of the busy holiday, two of whom were pregnant at the time. The victim impact statements revealed that everyone was terrified during the ordeal, which lasted for one minute and 26 seconds.
Three masked men entered the store in quick succession, including Ramoon and McLean, and stole more than US$800,000 worth of jewellery.
Ramoon, carrying the gun, was the first robber in the store. He pointed the weapon at a security guard’s chest and told him to get on the ground and then dragged him further into the store. Immediately behind him came the unidentified man, who was carrying a large yellow bag which was later used for the jewels. McLean came in behind him with a hammer and proceeded to smash all of the display cabinets. The unnamed robber then grabbed the jewels before all three fled to the getaway vehicle being driven by Myles.
However, the daring daylight heist was spotted by several people and two men in the vicinity at the time as well as a security guard all went after the robbers. Police Commissioner David Baines, by coincidence it is said by the authorities, was also in the area at the time. He was off duty and in his own car waiting to meet a friend from a cruise ship. He was alerted to the robbery by the screams and, seeing the fleeing suspects and people chasing them, he went after the getaway car and crashed into the vehicle.
But as the four robbers bailed out their car and tried to flee on foot, the members of the public and the security guards giving chase continued their pursuit of the men. Despite being injured as they were punched and kicked by the robbers, they held on and prevented their escape.
The commissioner, who remained in his car, then drove at the robbers, mowing down Ramoon, who received multiple serious injuries as a result. Baines was later cleared of using excessive force following an internal investigation headed by an as yet unnamed member of the RCIPS.
Although the fleeing robbers were chased by the commissioner in his car, one still got away and took with him three diamond rings, which have never been recovered, worth around $3,000.
The yellow bag containing the rest of the jewels, however, was dropped and the luxury items returned to Diamonds International. The hammer was also recovered, along with a firearm, which was found to be loaded and later tested by an expert, who confirmed it was a lethal-barrelled weapon.
The three men, who were all arrested, admitted their part in the crime from the beginning, though Ramoon was taken directly to hospital, where he was treated for a broken leg, a broken hip, a broken arm and serious internal injuries, before he could be interviewed.
However, it has taken almost twelve months for the case to come before a judge for sentencing as a result of problems with defence attorneys, the extensive injuries of Ramoon and lengthy discussions between the crown and the defence attorneys about Myles, who had insisted he knew nothing about the gun. That issue was eventually settled when McLean confirmed in writing that Myles did not know that Ramoon had a firearm and he too only knew about the weapon when it was produced as the robbery began and had no idea it was loaded.
The crown then accepted Myles’ guilty plea to the robbery and dropped their pursuit of the firearms charge against him.However, both Ramoon and McLean pleaded guilty to robbery as well as to possession of an unlicensed firearm. They are now both facing a minimum sentence of seven years.
Although all three men have some criminal history, only Ramoon has a previous firearms offence. McLean, who is only 23, had the cleanest record with just ganja offences. His defence attorney, Nick Hoffman, argued hard that his young client was turning his life around in prison and had shown significant remorse as he wrestled with a serious cocaine addiction which had led him to become involved in the robbery.
Of the three guilty men, Hoffman argued, his client was young, vulnerable and easily led. Even the best case scenario for him was seven years in prison, a third of his life, Hoffman said, as he urged the judge not to exceed that minimum sentence.
All three men wrote letters to the court apologising to the public for what they did and acknowledging their culpability in the crime. The social enquiry reports said the men had shown remorse and deeply regretted their involvement. The court heard they were attempting to make the most of their time behind bars and during their year on remand had already been involved in rehabilitation programmes, including those for drug and alcohol dependency in an effort to turn their lives around.
Although the crown had described the daylight hold-up as a professional commercial robbery, the defence attorneys all argued differently, describing the crime as an unsophisticated plan hatched during a drink and drug fuelled binge session, described by one lawyer as a “bender” on the night before the hold up. The lawyers said their clients were not hardened criminals but men who had made the worst and most stupid mistakes of their lives, for which they knew they would all have to pay the price.
Bodden Town water cut due to burst pipe
(CNS): Updated: Customers in the heart of Bodden Town had to wait until almost 11:00 last night before their water was reconnected following a burst water main on Bodden Town Road which impacted homes and businesses from the junction of Gun Square to the Bodden Town Cemetery. A spokesperson for the Water Authority said Thursday morning that work on the pipe finished after 10:30pm Wednesday night (10 December) and then water was restored to a short time later. Thanking customers for their patience the government company also thanked drivers who were affected because of the diversions around the water works. The pipe, which burst around 3:30pm Wednesday.
The work took longer than the expected, with customers in some cases being without water for more than six hours.