Cops bring charges over fatal January car smash
(CNS): Almost ten months after 23-year-old Matthew Antonio Bodden was killed in a road smash, the police said today that they have charged a 21-year-old man with causing death by dangerous driving. The man, whom police have not named, was arrested for the same offence on the night of the fatal collision, which occurred on 15 January at around 10:20pm. Bodden, who was a passenger in a Honda Torneo, was killed after the car was hit by A Toyota Altezza on Shamrock Road close to Wil T Drive. The driver of the Toyota, who was uninjured in the crash, had attempted to negotiate a right hand bend when he lost control of the vehicle and collided with a concrete fence, police said at the time of the crash. (Photo courtesy of Cayman27)
Category: Local News
I didn’t know it was illegal to drive dangerously here! omeone should write down all these laws so new people (you know who I mean) can study up and stop messin Cayman
The headline reads, "Cops bring charges over fatalJanuary car smash."
Isn’t it the Legal Department that brings charges, not the police?
The police respond to the scene, take statements from witnesses, gather evidence, reconstruct the accident, and present their findings tothe Legal Department. The police don’t bring charges.
Let’s expect the police to perform their roles well and hold them accountable for that. Let’s not try to hold the police responsible for actions which are the responsibility of another department.
Cops? Legal Department? Whatever!!! Charges were brought…thats the basis! If we are going to comment down to the particular wording…I mean good grief!
The functions are not the same.The point is.It is not the Legal Department’s Function to Charge the suspect(accused). The police investigates and submit the case file to the Legal Department, who then peruse the file and if it is in order, submits it back to the investigating officer, who the formally charge and caution the suspect.While the accused person await the outcome he/she may be bailed or remain in custody. The lawyer or clerks from the Legal Department will not sit down an accused and say, "Sir you are now formerly charged for "such ad such an offence under section ‘such and such of the Penal Code Law’ ". That is a "police function". They are NOT the SAME at all. Legal issue instructions and the police follow those instructions. Legal rule on cases and when the police charge the accused person the file goes back to Legal and Legal prosecute the case in court. Although the two depatments work "hand in hand" their functions are specific.you can go to the GT Library and Read "Criminal Procedures in the Cayman Islands", for your own edification and enlightenment.
"Isn’t it the Legal Department that brings charges, not the police?"
No, this is a common misconception. The Legal dept. rule wether there is enough evidence to charge a person, but it is up to the Investigating Officer, to actually charge the person and file those charges with the Clerk of the Court.