Lyndon Martin wins appeal

| 07/04/2009

(CNS):  Updated Independent candidate for the Sister Islands, Lyndon Martin, has had one of the charges against him quashed and his pending sentence of eight months in prison replaced with 120 hours of community service during an appeal hearing yesterday regarding his conviction for immigration offences.  Martin said that in light of the judge’s decision to reduce the sentences he would not appeal the other convictions. A jury had found Martin guilty in April of last year on three counts of obtaining property by deception involving a total of $1,075 that related to immigration issues.

He was sentenced to eight months imprisonment, but bailed pending the appeal. Yesterday a judge quashed count five, which was obtaining property by deception from Weldon Shaw, because they found the trial judge had erred in admitting the evidence to be read. The sentence on the remaining two charges of 8 months imprisonment, which relate to Clent Myrie, were replaced with community service as the Appeal Court disagreed with the trial judge that these offence constitute a breach of trust.

The three judge Appeal Court heard arguments from Martin’s attorney Trevor Burke QC, instructed by attorney Philip McGhee, who successfully argued that Martin’s trial judge in April had erred by allowing the key witness statement to be read in record without allowing for Martin’s legal team to challenge Shaw.

Welcoming the result, Martin thanked his legal team and the hundreds of prayers that his community had said for him. He said as he is always conducting community service, this sentence is welcome. “I look forward to giving back to my community,” he said.

The result has cleared the way for Martin to get on with his campaign for the May General Election where he will be running on the Sister Islands of Cayman Brac and Little Cayman alongside PPM candidate Moses Kirk-Connell, Independent Maxine McCoy-Moore and his former UDP colleague Julianna O’Connor-Conolly.

However, Martin is also still facing charges in the mysterious "Net Newsgate" regarding the Special Police Investigation Team’s accusations that he made a false accusation against a police officer. Martin had made a report to then Commissioner Stuart Kernohan that he believed his former boss at Cayman Net News, Desmond Seales, could be in a corrupt relationship with Anthony Ennis. Originally SPIT made some 17 charges against Martin but all except two have since been dropped.

Martin was due to have his day in court this month. However, the prosecution has asked for a delay until later in the year as they are believed not to be ready and seem to have some issues regarding witnesses.

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  1. Anonymous says:

    5 months after Paloma

    You must be the only person on the island who has not got help yet. Or is it just another "story"? Ms Julie was out helping people while her own house was damaged and Mr Moses was too

  2. Anonymous says:

    Do you know for sure that Lyndon got you that education? Wouldn’t you be the one that helped yourself get your own education or did Lyndon take your tests for you?

    I’m curious as to how Lyndon has convinced so many people that he got them an education.  Isn’t it just a process of filling out paper work and submitting it to government?  If you worked hard in school you shouldn’t have a problem. 

    I’d be interested in knowing how many people he helped in his time versus how many have gone in the current term.  Figures anyone?

  3. Anonymous says:

    5 months after Paloma I still don’t have a proper place to stay… I spoke to Julianna and Moses.. they did NOTHING other than give broken promises. Lyndon didn’t make any promises but did try to help me. I attended University whole Lyndon was MLA. He GREATLY helped me then also. I know voting for him is taking a great risk, but look at it this way.. voting for anyone running is a great risk! How can two people from oposing parties work together? COME ON NOW PEOPLE!

  4. Anonymous says:

    Its very good that he helped young people advance their education. After all no person is completely good or bad. However this does not mean that his perpetual criminal behaviour should be considered acceptable not rewarded with a vote. There are many other educated, smart, honest, young Caymanians who keep their noses clean to choose from.

  5. Anonymous says:

    Mr. Martin also helped me, a young Caymanian, get the opportunity to achieve my tertiary education abroad. 

    You will always have my vote Lyndon.  And I will always be grateful for your help back then.

  6. Anonymous says:

    It’s a shame that these so-called MLA’S can commit crimes here and get away with it. We need to set a better example for our young people.  What are we telling them? If they commit a crime they go to jail, but people like Lyndon Martin and Frank McField do, they get a slap on the wrist!!!Shame.. shame… shame…

  7. Anonymous says:

    I think that last nights UDP meeting really brought out a lot of truths about themselves and Lyndon.

     

    Every single one of the claims that Lyndon has made was because of him… Mackeeva and Julie claimed last night.  So who was it?  Was it UDP?  Was it Mackeeva and Julie (two ministers at the time) or the little back bencher with his hand up asking for permission to use the bathroom?  Lyndon could only dream to have done those but wants to take credit for them.  He should have been to the meeting to correct Mr. Bush.

     

    A leader for the youth?  More fights, ganja smoking and other related problems happened at his teen disco than any other youth activity I’ve ever seen.  Is this really a positive area for Lyndon?  Why couldn’t he get the youth involved in community projects?  The young people liked it because it allowed them to do as they pleased.  That is what I call the tail wagging the dog.  Why couldn’t he stand up and lead the youth?  He can’t so how could one think that he could lead the islands?

     

    Paloma – This is when Lyndon surfaced again.  Where was he for the past 4 years?  Hiding in Grand Cayman?  Why wasnt he here struglling to make the island better like the PPM representative?  Look at the facts people…  How can Lyndon want to bring prosperity to this island when everytime he looses and election he runs to Grand Cayman?  Give me a straight answer!!!!

  8. Anonymous says:

    This is not a question of liking Lyndon. He continues to walk on the wrong side of the law – just like Dr. Frank.

    There is something fundamentally wrong with people who do this and it speaks to a certain mentality. WE DO NOT need convicted criminals in the LA no matter how many projects they supposedly get done. It’s bad enough that we have ones in there or vying for a seat that we know are shady; but we have no convictions on those as yet.

    Let’s clean up the LA and vote smart!

  9. Anonymous says:

    It’s not right that he is try to take the credit for all of things that Ms. Julie did for us.

  10. Anonymous says:

    For all the Lyndon supporters who plan to vote for him think of this…What message goes to the young people with a vote for Lyndon?

    The message would be that crime pays and that a person is not responsible for their behavior , exactly the wrong message to send young people.

  11. Anonymous says:

    That’s exactly what Lyndon wants everyone to do.  Thankfully Brackers have been made fully aware of the game that Lyndon wants to have everyone play.  The next four years need to be the years that the great work that has been started these last four years gets accomplished.  Lyndon will only get in the way. 
    Step out of the way and let the real leaders lead.

  12. Anonymous says:

    Name any MLA that got more done than Lyndon and justify your answer-put project side by side and accomplishment side by side.

    I am sure you can not do so.

    Lyndon Martin and the UDP did more for Cayman Brac during their 3 year term than Moses and the PPM in their 4 year term. If you think I am wrong, just compare.

    Lyndon Martin is a Leader for the Young and the old. If there was any doulbt you just had to read the news posting after Paloma, it was him that most people turned to for immediate help. He demonstrated caring leadership.

  13. Anonymous says:

    Julie and Lyndon or Moses and Lyndon. Any way you put it the combination spells team work. This is in contrast to the Juliand Moses combination that spells disunity.

    You in Grand Cayman may not like him or simply fear him becuase he is tough and fearless, but he is our protector.

    Lyndon, stand tall and don’t let them get you down

  14. Anonymous says:

    Is it really a matter of tearing down another Caymanian or lift the right ones up?  Who cares.  The facts remain that for almost 5 years he had opportunities to do things for the Brackers and nothing to boost the economy happened.  Fixing broken or things that need updating is one thing (PWD) but boosting the economy is another (Leader).  He is not a leader!

  15. Al Pacino says:

    How come net news didnt publish that?

  16. Anonymous says:

    He did not get the job done the first time. Why do you think that this time would be different? Last time he was part of a team that belonged to the then ruling party. Now it seems that neither his old party nor  his ex-partner want him, why?

  17. Anonymous says:

    It is sad to see that some Caymanians are not willing to be happy for another Caymanians victory. Now when he was convicted they were all happy and the news papers carried it on the front page and it ws the talk of the islands. Now that his Appeal was won, they are unhappy. Caymanians must stop dragging down each other.

    Lyndon, you keep up the fight

  18. Anonymous says:

    Lyndon can get the job done. He is willing to go theextra mile and not affraid of hard work..

  19. Anonymous says:

    Let me throw a story out there and see if anyone catches the drift. 

    Suppose there were two dogs sitting on a porch.  Dog A sees a plate of food and goes out and gets it.  Dog B sits there and whines. Which one deserves the food?  Brackers see that there is money and furniture being given away.  Someone goes out and gets in line for it while others sit on the internet and whine about it!!!!

  20. Anonymous says:

    I have a nice bridge in brooklyn that I can sell you too.  If you believe that everything happened because some said they did it… the price for the bridge is an amazing $1.00.

  21. Anonymous says:

    I am confident that Ms. Julie will say that most of the things happened because of her able leadership. It is not about forgive and forget, but perhaps not repeating past mistakes.

  22. Anonymous says:

    Piece of the pie.  One would have to get up pretty late in the morning, maybe even early afternoon to beleive that the current administartion has done anything for the regular people.  Sure thay have held arties and given away food, but where is my pie?  The PPM has for sometime now been running the islands into deep red.  The only people to benefit where the friends and the likes of the PPM.  It’s either you are for or against, this too determines wheather you receive assistance or not.  Granted saying that isn’t all true either as since Paloma and of course the nearing election much has been done, still lopped sided though!

    Lyndo has not been like that, many honest people can attest to this.

  23. Anonymous says:

    It is a crying shame that this christian communmity of ours same so unwilling to forgive and give a chance to a man who has devoted his life to serving his people. For those that challenge his accomplishments during his term and term it as dividing up the pie, ask the many who benefited from his assistance. 

    It is a crying shame that you are even taking away from him his accomplishments. Everyone knows what is the truth. If it was not for Lyndon fighting for these things they would not have happened.

    The people of Cayman Brac shoould come out in force and VOTE LYNDON BACK if you want someone with backbone.

     

     

  24. Anonymous says:

    Surely the Sister Islands must be able to field and elect candidates that are not constantly in and out of trouble. Regardless of what the law says it should be a matter of pride to not support a convicted criminal. The ster Islands needs MLAs who can stand on their own merit. Rather that "vote for me because I am an nice person" or "vote for me and I’ll pray for you". It should be that an MLA is elected because they can get the job done.  It goes without saying that honesty and integrity must be a baseline requirement for such a person.

  25. Anonymous says:

    I look in my yard… but I still don’t see a water tank.  Are you saying he has done more for you because he gave you stuff?  I can give you fish all day long.  When I cant go fishing you die of starvation.  I give you a line with hook and sinker and teach you to fish you have gained a lifetime of food.  Lyndon wants to keep handing out like you are a poor animal why doesn’t he teach you to do for yourself?  Answer:  Knowledge is power. 

    • Anonymous says:

      No, when I say he has done more for me. That is exactly what I mean. He didn’t give me any hand outs or anything. He was more of a mentor for me and he is the one that gave me the opportunity to pursue a tertiary education abroad. He pushed me to strive to do my best and everytime I came home he was the only one who offered me any words of encouragement to finish school. I take pride in someone who is trying to help young Caymanians succeed in a country in which we (Caymanians) appear to be the minority. And yes, I returned back home WITH my degree.

      So FYI, he did teach me to do for myself. Knowledge as well as a lot of life experiences were gained through the time I spent abroad. To bad your still waiting on that water tank a.k.a a hand out.

       

       

  26. Anonymous says:

    8 years ago… Lyndon had an opportunity to be an independant candidate for the sister islands.  Lyndon swore to people that he would not sway… instead he joined his colleague and went UDP.  UDP to get what he could get for himself and nothing for the island.  Why is it now that he is an independant candidate?  Is it because it may benifit him?  Has his ideas from 8 years ago changed radically?  Lyndon is UDP through and through but like a wolf in sheeps clothings will do what it takes to get a big pay cheque.  How can people honestly vote for someone who can’t even run a business?

    Wake up!!!!

  27. Anonymous says:

    For those who question… I ask you to think for a moment.  Mr. Martin made 19 motions… are you aware of what a motion does?  Nothing unless it is followed by action.  Mr. Martin has certainly claimed to have done these things as listed below but the reality of the matter is that he and the other member at the time are both laying claim to such accomplishments.  If allowed, I would like to look at the accomplishments.

    1) Runway repaving… was in the works for many years prior to Mr. Martin even being in office.

    2)  An hurricane shelter isn’t a national issue?  So… the same time the rebuilt all of them in Grand Cayman you’re telling me Mr. Martin was responsible for all of them as well? 

    3) West End Post Office – Bodden Town Post Office – Airport Post Office – West Bay Post Office; why doesn’t he lay claim to all of them?

    4) Maybe we should vote Paloma in because it was able to get West End School Roof redone as well.  FYI: computer has been there for how many years?  at least 15 – Long before Mr. Martin. 

    5) Paving of the bluff roads… was to build a nice path to Mrs. Julie’s house and the land that she "sold" to Government for a Premuim – Not to take all the credit from Mr. Martin.

    Do we want to compare other four year terms?  He has done enought damage in the last term he was in.  Why do more? 

    Answer me this, Show me any of those accomplishments that has in anyway boosted the economy of Cayman Brac and Little Cayman?  More jobs for Air traffic?  Only makes  the pie smaller.  More scholarships?  Makes the pie smaller (look and see how many didn’t complete their degrees or merely returned with general passes and not diplomas).  Has Mr. Martin ever done anything to bring more revenue into the island? 

    I will credit him with taking the small money pie that we have in the sister islands and dividing it even smallersending most of it to his pocket!!!

    Vote for Lyndon if you want to loose your piece of the pie.

     

  28. Anonymous says:

    Amazing, those are the same projects that the other MLA at the time takes credit for as well.

  29. Get a grip says:

    Only in the Cayman Islands would people seriously consider voting for a convicted criminal.

    Any candidate with a history of corruption and deception would not even have the cheek to stand in a civilised country.

    The government and civil services is already reeling from enough corruption, without inviting convicted fraudsters into the assembly.

    Get a grip people

  30. Anonymous says:

    Lyndon Martin was the best MLA for Cayman Brac and Little Cayman. He sincerely cared for the people of the sister islands and he worked hard in fulfilling his duties. I don’t care what others say, but this man definately has my vote. He has done more for me than any other MLA in all of these islands. VOTE LYNDON MARTIN !!!!!

  31. Anonymous says:

    For those who question Lyndon’s contribution during his term as a MLA please allow for me to mention a few: The cargo port was rebuilt, Cayman Brac’s airport run way was repaved, the departure lounge expanded and offices created, which allowed for additional services and new employment; the aston rutty center was demolished and rebuilt to provide a safe shelter during hurricanes; West End Post Office was built, West End Primary school was re-roofed and a Computer room built; Song Bird and Major Donald bluff roads were paved; etc. this list goes on and on. Feel free to compare to any other four year term.

    Lyndon moved 19 motions in the LA, They included the realignment of retirement benefits for firemen to that of police officers, the offering of UCCI courses on Cayman Brac; The economy of Cayman Brac, the development of affordable housing on Cayman Brac, the reservation of productive property for agriculture purposes; local investment of pension funds and much more. Please feel free to compare to anyother political term.

    During his term the record number of scholarships were given, both for academic and vocational training. Compare

    Lyndon worked hard for his people and is willing to do so again

     

  32. Anonymous says:

    Others have been fooling people all the time and still doing it Abraham Lincoln

  33. Anonymous says:

    iam happy that lyndon has won his apeal, i also hope he wins a seat in the election in may,his mistake is nothing compare to what the others are doing, Just look around and see who wiil be getting new homes from the hurricane founds, drug dealers and drug sellers, please remember Lyndon is not the only one that has children for the drug lords to sell drugs to.think before you vote.

  34. Anonymous says:

    So let’s forget about ALL of legal issues. What were his accomplishments last time around?

  35. Anonymous says:

    Quashed, (annul ; reject as not valid, esp. by a legal procedure. (COED). 

    Not "Squashed"; tr. crush or squeeze flat or into pulp. (COED)

    This is a VERY common misuse in Cayman, so no shame to the writer, but please help us to corrrect this.

  36. Criminals run for office? says:

    How can we deal with crime in this country when convicted criminals like Lyndon Martin and Frank McField have the gall to run for election despite their criminal conduct?  What sort of example do these vagabonds set?

    • anonymous says:

      I honestly need to know what the criteria is for persons with police records (and I am sure these are recorded on theirs at this time).  Are they any different from the ones who are in prison?

      Please let me know.

  37. Anonymous says:

    How true… name one item he tabled for the people of Cayman Brac.  I remember him telling everyone he was getting them status but that never happened.  Wonder why?!  Maybe if they had paid him they could of gotten it.  After all, what is one more conviction?

  38. Anonymous says:

    This is surely a joke.  We have honest, church going, caring candidates running and we are thinking about voting in a convicted person?  120 hours of community service is still a conviction.  Slice it… dice it… or serve it on his own pizza platter it is a conviction.  Although, it is only deception… maybe that is the platform he is running on.

  39. Anonymous says:

    Well Lets sum it up,

    One UDP + One PPM as representatives for Cayman Brac/Little Cayman = very little for the whole community.  If in doubt just look at the past four years.  Current leadership has left government facilities run down and morale low. 

    When this person votes I must think about the two who will work together for this community and who will run on an issue-based campaign – not being negative towards others – tell me what your views are and how you plan to work together with the other elected member. 

    In summary one UDP + One PPM = a very divided small pair of islands.

     

  40. Anonymous says:

    With all the good Lyndon has done, only the mistakes he has made seems to interest people!  Well, Jesus said it best "…He that is without sin among you, let him cast the first stone…"

    Hypocrites, aren’t we all.  What sets Lyndon apart his is love and passion for the Brac and Little Cayman, plain and simple.

  41. Anonymous says:

    "It is true that you may fool all of the people some of the time;
    you can even fool some of the people all of the time;
    but you can’t fool all of the people all of the time."

    President Abraham Lincoln

  42. Anonymous says:

    It is disappointing when people with criminal charges leveled against them are involved in politics. The people will decide if they want him elected and there will be no appeal.

  43. Anonymous says:

    The Apeal was against one conviction and the sentence on the other two convictions.  The Appeal court granted the appeal on the conviction, resulting in the conviction being squashed. The second component of the appeal was against the eight month imprisonment sentence. The Appeal court also granted this appeal and squashed the 8 month prison sentence. 

    As a result of the squashing of the conviction, the court of Appeal found that the remaining two convictions did not constitute a  breach of trust and did not warrant imprisonment. Instead of prison 120 hours of community service was ordered.

    The prosecution informed the court that no further action would be taken in regard to the squashed conviction.

    This is clearly a VICTORY for Lyndon Martin and his legal team.

    Congradulation and best wishes for the upcomming election

  44. Anonymous says:

    "When you’re right, no one remembers. When you’re wrong, no one forgets".

    This quote is so true with Lyndon’s situation. No matter what he does, people seem to remember the worse. What people need to remember is how hard he worked for the Cayman Brac people when he was MLA. No matter what has happened since then, we must remember that Lyndon has a natural love for the Cayman Brac people, and will work side by side with them, not just sit in his office counting his millions and pay ‘footmen’ to run errands for him. We must vote Lyndon in to insure we get two people that will work together. One PPM and one UDP cannot work together as we have seen during the past four years.

     

    • Anonymous says:

      If you reflect on the 2005 election you will recall which other candidate really stabbed Lyndon in the back.

  45. Anonymous says:

    Are you saying tht he won his appeal completely? Or are you really saying that he was confirmed guilty on 2 of 3 counts?

  46. tom says:

    You go deh Pim Pim you can join the ranks of those Honourable ministers your hands are not tied up and you would be looking for sympathy to get elected