Baines calls for appeal
(CNS): The police commissioner made it clear in the wake of the acquittal of Devon Anglin on Wednesday that he believed a guilty man had walked free, despite the findings of Justice Howard Cooke. Anglin was found not guilty of the murder of 4-year-old Jeremiah Barnes after a judge alone trial. The child was killed by a masked gunman at a West Bay gas station while sitting in the family car last year and both his parents had identified Anglin as the killer. However, in his ruling Justice Cooke rejected their visual evidence. Immediately after the verdict Baines said that he had asked the director of public prosecutions to look at the case and launch an urgent appeal, citing the need for the criminal justice system to support the work of the police.
“I think it is a sad day for the family and I think it is a desperate day for justice on this island,” Baines said as he came out of the court house on Wednesday afternoon. He said he was concerned about the judge’s comments and said that there needed to be an appeal to offer some justice for the people of Cayman.
“If we don’t do that then we leave the guilty without having to account for their actions. It's right that the people on these islands see justice once in a while and if we can’t do it for an innocent four-year-old, who we can do it for?” he asked rhetorically, making it clear that he believed the judge had made the wrong decision.
“I believe we had a strong case … this was police work at its best,” Baines added, as he emphasised that given the high profile nature of the case, everyone had done everything possible to secure a conviction, which was borne out by the judge's public commendations of the investigation from the bench.
Baines noted the need for everyone to work towards securing justice, including the courts, but said the judge alone trial seemed to have become a choice for the wrong reasons. “Bad news travels quickly among the criminal fraternity,” the country’s top police officer said, referring to the recent spate of acquittals in murder and attempted murder cases involving firearms following judge alone trials.
Although the police and the attorney general had previously looked at the possibility of legislating to mandate judge alone trials in the case of firearms related offences, the issue was not pursued as a result of considerable opposition.
Baines said that the judge alone trial had been one possible solution to the problems of potential jury tampering and the difficulties in finding twelve people not connected in some way to the defendants, victims or witnesses. The recent string of acquittals and what may be a growing preference reveals that the mandatory removal of juries would not have produced the outcome sought by law enforcement officials after all.
In the last three months there has been a surge in defendants facing firearms charges actually electing to face trial by judge alone rather than a jury, suggesting that those charged with crimes have no more faith in the local jury system than the law enforcement officials who had suggested removing them.
There are concerns from some quarters, however, that defendants are ‘forum shopping’ or weighing their chances against a judge alone versus a jury as a result of how the evidence against them stacks up, as opposed to a genuine belief that they cannot get a fair trial in front of their peers.
According to the law, defendants should only be making an application for a judge alone trial when they can demonstrate a real reason why they do not believe they could achieve a fair trial by jury.
In the crown’s case against Anglin the defendant’s mother, Katina Anglin, said her son had not “elected or chosen a judge alone trial” but, as a result of the nature of the case, the extensive media coverage and bias in the community, her son could never have hoped to have a fair hearing in front of a local jury. With no possibility of being tried outside the jurisdiction, Anglin had no choice at all, she stated, and was forced to rely on a judge to hear the case.
There have, however, been a number of judge alone trials in the last few months which were not such high profile cases, including some that did not even make the headlines until the trial started. Although not uncommon in Cayman, the recent increase in defendants choosing judges began following the conviction for murder of three men in a joint enterprise for the shooting of Omar Samuels in Mcfield Lane, George Town, in 2009, by a jury.
Since then, Simon Jose Newball was acquitted by Justice Charles Quin in August following a trial in which Newball was accused of trying to shoot his brother in a case that had little to no media coverage. In July, after a judge alone trial Justice Harrison also acquitted three men accused of gunning down Alrick Peddie in what was believed to be a gang related shooting in West Bay. In June, sitting alone, Justice Quin also found teen defendant Jordan Manderson not guilty of killing numbers man Marcus Duran in March 2010 in what the crown had said was a robbery gone wrong.
Some experts say the failure of the prosecution to secure a conviction in front of judges is down to the poor quality of the evidence, however. Some critics suggest that the authorities are bringing cases in front of the courts that are simply not solid enough or where they literally have the wrong man. When cases are assessed by judges, decisions are based on evidence and law, and as a result, the weakness in the prosecution’s cases is becoming more apparent.
Local attorney Peter Polack, who has been persistently critical of the standards of Cayman’s legal department, said that the recent string of failed convictions is further indictment on the department and its leadership. “There has been a fundamental break down of prosecutions in the Cayman Islands and a misunderstanding of the standard of proof required, which any law student would understand,” he said, as he pointed to the significant cost to the public purse recently with so many failed prosecutions.
Baines admitted that the Jeremiah murder enquiry was a costly investigation but he said he believed a strong case was presented against Anglin. Peter Kennett, the senior investigator, also said there was considerable evidence and expressed his disappointment that the judge had not examined the supporting evidence in the case. This included enhanced CCTV images, gunshot residue, matching clothes, witnesses putting Anglin in the getaway vehicle and the animosity between Andy Barnes, the intended victim, and Anglin.
However, the judge had cited the animosity as reason not to believe Barnes, the crown’s key witness. Justice Cooke said he thought Barnes had assumed the gunman was Anglin but had not seen him. The judge dismissed both his and his wife, Dorlisa Ebanks’ visual evidence as “worthless”, and as a result did not go on to consider the rest of the evidence as both lawyers had agreed during the course of the trial that it was not enough to support a conviction alone.
Katina Anglin said Thursday that Baines’ comments regarding an appeal were inflammatory as the judge had made his decision based purely on the evidence. “What Mr Baines did with his remarks regarding the judge and judgement was to throw a hatchet into the judicial machinery of this country,” Anglin said. “He would have done much better to follow myself and Mrs Ebanks' (Jeremiah’s grandmother, Dora) calls for peace and left the legal matters to the director of public prosecutions,” she added.
Category: Crime
Easy to see from some of the comments that any law enforcer is a cultural enemy of the people here. Easy to see why. Easy to see why there is so much crime. Easy to see why there is very little respect for anything and anyone by so many here. Easy to see why someone like McKeeva Bush can be voted in as the Premeir. Hard to fight it all. Mr Baines If you are makeing so many people mad then your doing a great job here. And you are appreciated by the many who would end up being victims without your hard work.
If Mr. Baines expected that with the evidence that was produced for the court to end in a conviction then he is not qualified to be a constable much less the Commissioner of Police.
If the Director of Public Prosecutions had made this comment, regarding an appeal of a verdict, I would have accepted that.
Mr. Baines was out of order in that call. He's sworn to uphold the law and the final word in the law is the judge. Mr. Baines has said that the final authority in this country was wrong. Mr. Baines also was one of those who were never in the courtroom to observe the trial. He should have gotten advice from one of his officers who observed the case daily before he opened his mouth.
“I think it is a sad day for the family and I think it is a desperate day for justice on this island,” should have been instead "I think it is a sad day for the family, and I'm aware of the tensions that surrounds this verdict, but I urge you all to keep the peace. There has been a ruling and we must accept this. I am unaware of what other actions the legal department can take regarding this ruling but until then, I implore the public to be patient with this matter".
As far as a "desperate day for justice" and "there needed to be an appeal to offer some justice for the people of Cayman" when the court is satisfied of evidence before it, it returns a verdict that supports that evidence. That is justice.
Mr. Baines' suggestion that the judge should uphold the findings of the police reeks of prejudice.
I agree 17:05. The morale is down all over the Island, now you have the commissioiner of police questioning the Judge's decision….how dare he? and of course he will get away with it.
Hey Mr. Baines, how about solving some of the unsolved murders and crimes; the gentleman that was shot at Progressive, Todd Powery, the CNB robbery to name just two, Anyone else wants to add some more.
Judges rule FACTS and LAW not SPECULATION!!
GOD BLESS ALL CAYMANIANS!
If you watched CITN "Closer look at Devon Anglin NOT gulity verdict" then it is clear as day why he was found not guilty! People need to remember it is innocent unitl proven guilty. Hear say doesn't make something the truth. Calling for an appeal based on what grounds? Because you didn't like the verdict a Judge delivered? The own prosecution made it quite clear that without the witness testimonies then they would have no case and because the testimonies were so inconsistent he found them to be "worthless" resulting in a not guilty verdict.
I agree innocent until proven guilty! Does this not apply to everyone?
To 13:34, well give them the guns so that the police can get wild, effective and accurate.
Legal Department and the Police Dept. can also watch the ID channel (Investigative Detective) "I (Almost) Got Away With It".
So this was police work at it's best? I would NOT like to see it at it's worst then!!
‘West Bayer’ do you really think it is a good idea to stop arresting people who break the law?? That is possibly the most ridiculous suggestion I have heard in a long time. Some of you people just make things up to criticize the police but to suggest that the police stop arresting people for breaking the law on the grounds that there are more serious crimes to arrest people for is not only ignorant but it is deliberately trying to instigate hatred toward the police. Shame on you.
Crime on the rise since the mass status grants
Probably a correlation, not a cause.
I agree with you 100% commissioner Baines. The law abiding citizens of the Cayman Islands all support you in this.
For the narrow minded people that have nothing better to do with there lives other than come on the to the forums and bash other people. Mr Baines just happens to be very qualified at what he does, Mr Baines didn`t get this position by sitting in his car and watching the world go bye, Mr Baines has earned this position for his knowledge and great workmanship,Mr Baines has taken on a very very serious and tough job down here so for the people that keep bashing him maybe you sould step up to the plate and try doing a better job. It is very easy for someone to judge others but, when you have a position like this with so many negative personal working with you and against you WHAT THE HELL DO YOU EXPECT FROM ONE MAN. Things will work out. One man and 20 thousand people bashing you doesn`t usally get good results.
"Mr Baines didn`t get this position by sitting in his car…"
I guess watching boats sink offshore while not abiding by regulations is good enough.
So true Mr. Baines. Now if only we could hear about more harden criminals being arrested than teenage boys smoking weed, we'll be in a better position as a community to believe that the RCIP are truly doing their best to keep us safe from the bad guys and not running in the opposite direction of them due to fear of retaliation. We need more people w/ guts and brains in RCIP. Start with getting MORAL and PAY up and the right people will join. But Mr. Baines I do hear where your coming from – these bastards are slipping through the cracks MAINLY becauseof a weak prosecution case! Legal Department needs proper people and training too! Their track record is POOR!!
PIECE OF ADVICE: – WATCH THE FIRST 48 ON A/E ON THRS FOR SOME INSIGHT AS TO HOW TO CATCH A BAD GUY!
Keep up the fight for justice on this island Commissioner Baines. Don't let these negative comments phase you. Most of these people are spineless.
"Spineless"… much like the law enforcement efforts on this island.
I'd have so much more respect for these easy criticisms of the police, that amount to shooting fish in a barrel from a comfortable arm-chair, were the writers to produce specific facts about police failures.
No one wants to criticize the justice system, because to do so is not so easy. You must possess specifics and do some homework. You need a grounding in law, and you must be careful if you want to lay into a judge in a public forum. However, I know a couple of the top brass in our police force, and stupid and incompetent they certainly are not. Totally professional, but frustrated and angry, would be a more apt description.
13:34
I have to agree with you 100%.
However what is being challenged here is not the fact that there are good, intelligent officers at the top of the RCIP. The criticisims are for the Commissioner publicly challenging the decision of a Grand Court Judge, which he is not supposed to do. Even Ms Anglin (and I cant believe this but..) was more on point in this regard than the ComPol.
If you needed a good example on the way that a senior officer should have dealt with the situation publicly you would have heard it on ROOSTER 101 when Superintendents Bodden and Walton were there Friday. The difference ammounted to both of them having Law degrees which Baines does not, hence they knew their positions in the legal fraternittys' 'pecking' order.
Hopefully both of those Officers, and Adrian Seales (another brilliant officer) is given the opportunity to compete for the top job as they have shown once again they are up to the task.
Good grief! What a lot of trash you talk! This is nothing to do with law degress. This is a man who actually CARES about what he is doing and is obviously FRUSTRATED when a case that has been investigated well (the judge commented on that) has fallen apart because a judge does not believe the witnesses. Law degreees! Baines has worked as a top level cop, and arrested terrorists and taken them through the courts system far more times than Bodden and Walton. Baines' degree is from Cambridge in the UK, and they don;t hand them out like candy, so it;s fair to say this guy knows what he's doing. Cayman has been crying out for people at the top who CARE. Now we complain when we get it.
I've certainly heard different
Wow, Baines was trying to take away the right to trial by jury because of his own screw ups
When it is Judge alone, the results are usually predictable.
The Judge commended the standard of the police investigation, do not lose sight of that. All of you criticizing the police investigation standards should take note of that fact.
XXXXX
08:40 well if the Judge commended the police, tell me exactly where did he go wrong then. Cant have your cake and eat it too.
Thats the point
Baines best stick to things he knows – like policing. Or maybe not! The Beaver
Have you noticed that from the beginning of this year, we have pretty much lost just about every major case that went to trial. Have you also noticed that this year, women are being attacked, being targetted, unaccounted for, and involved in accidents more than men. Like the old people say, "the devil is working." There are just some things with our judicial and law-enforcement systems that are of human error and imperfections. What is disturbing, is the population increase, expected in the next ten years. As more people come to the island, there is more demand for better livelihood, and most naturally, crime will increase.
First and foremost, we have to realize that there is no way in the world that we will be able to curb crime and eradicate crime completely. There will always be crime and corruption in high places. Moreover, we can never keep crime at bay without education, rehabilitation, and intense social work amongst communities.
And people have a weakness, a weakness of human nature, the inability to control themselves from reacting to the impermanence of life; especially, people who have economic and social needs they are not getting. Many people (who can't control themselves) develop greed, red-eye syndrome (I call it), thirst for power, position, hate for others, self-centeredness excluding others, irresponsibility, neglect, and all manner of evil. Such people who react to negative feelings and allow their feelings to have rule over them. Or, react to thoughts and allow thoughts to direct their every move. These people are all in need of inner deliverance, and find themselves in conflicting relationships and they end up behind bars.
The police officers, teachers, counselors, and social workers, can never curb the root of crime on their own. They can pluck at what they see from the ground level, but if they don't dig their hands under the soil to pluck out the root, the weed of crime will never die in that person's heart. And also individuals must want change – they can't be forced. They must see their helplessness and need, and see that they are living a life that is delusional. If forced or threatened, they will only resist or hide themselves for a while. A leopard cannot change its spots. There needs to be a rebirth so to speak. Government is incapable of reaching people hearts. All government is good at is, using force, the law to stratigthen people. But it takes a community to raise a child the right way.
Some people are so lost in their crimes that they justify themselves, because they see the state or anyone who is apart of the state as their enemy. And in a way, I don't blame them, because the government think they can reform people when they themselves are not setting the right and moral example. The politicians themselves appear to be more criminal (and hypocritical at it) than those imprisoned at Her Majesty's Prison. The ministers of the state, bless the politicians; and the politicians appear to be supporting the ministers. I don't blame the rastafarian when he sees statist people, such like police officers, and calls them "babylon." The restafarians call them babylon for a reason. Babylon means "confusion," and the word derived from the story of Babel. In terms of morality, the young people see the cold system of hyprocrisy, and are convinced that the system is corrupt. Funny, these criminals know what corruption is more than the ordinary and average civilian. They (some how) saw it first hand. It is like some of us, we were struck at the thought of our government being corrupt. With these prisoners – it is nothing new! These criminals are not scared of going to prison, being whipped, or considered an outcast. You can only talk to them and try to reform them for good and self-control; but pretty much, it is with them and no one else. They may look at you and think you are trying to program them to conform to societal ways and norms, which they have already concluded in their minds, its "babylon." I have learnt that if you fight fire with fire, you will only create more fire. Water is flexible, is persuasive, and can be gentle and subtle. Learn to use the water of love.
Baines says 'the need for the criminal justice system to support the work of the police.' Well how about a police service that supports the work of the criminal justice system. While you all stand on street corners checking licence coupons or fly around in a helicopter looking for….well what exactly are you looking for? Evidence appears to be being bungled. The justice system is in fact working because what fails to convict a guilty man also protects an innocent man from being convicted.
There have been so many cases of where people that are 'beleived' to be guilty have walked free. Shameful and disgusting, but it appears the courts and judges have no choice given what they are presented as evidence.
I believe Baines should be held accountable and an investigation launched on the police!
Useless RCIPS
Anything that can be done well elsewhere will be screwed up in Grand Cayman. Thats just the way it is. Some things will never change. You can't fight it. You can either go with the flow or you could leave when you've had enough. Fool fool rules here. Fighting the system just proves your a good man. To be successful in anything means you must leave Cayman.
WHO GAVE THIS MAN AUTHORITY TO DEMAND AN APPEAL. All of my years being here i have never heard a commissioner of police gone publicy saking for an appeal against a grand court judge. another reactive job. you should have made sure that your officers cooperating evidence. it seems to me that if you get somebody before the court , you thionk you have done all that needs to be done. the ddp must have seen the inconsistance in the two main witnesses. never in the history of the police force have we lost so many high profile cases since you arrive here mr commissioner . if you were the right person you would have made sure that your officers have crossed thier TS ANDDOT THE I. Now let me give you some advice. YOU MIGHT NOT AGREE WITH A JUDGE DECISION BUT LEARN TO RESPECT IT UNTIL YOU CAN GIVE A PROPER CASE THAT WILL MOST LIKELY GET A CONVICTION. Your outcry is out of desperation, you need to go for and stay long.
Now you can see what your up against on this island Baines. there are too many of them and they are in charge. Do the best you can and leave when your 7 years of service is up. Its what smart people do.
The police are in a tough position. They work within the constraints of law (often obtuse and complex), morals, ethics, high standards of professionalism and being plain nice folks.
The crooks are not constrained in this way. They are free to lie, cheat, plant false evidence, intimidate jurors, threaten the police, and threaten the police's families, They are not nice.
The playing field is not level.
I admire the ethical and competent police officers who stoically fight the bad guys under very frustrating circumstances.
I abhor the unethical police officers who are helping to destroy this wonderful, peaceful culture by leaking information to their criminal cousins and, worse, deal directly in drug trans-shipments (remember $5 M worth of drugs that went missing from the police compound in 2001). The bad apples must be ruthlessly rooted out and prosecuted; they are few in number but the damage they cause is extremely disproportionate to their small number.
I find Baines comments very disturbing.
Is he really saying that the job of the criminal justice sytem is to cover up the RCIPS' cock ups?
This is Operation Tempura all over again – 'to Hell with the rules of law, we are the police and the Courts will do what we say!'
05;34
His comments also have consequences; do you think that the recent travel advisory has nothing to do with him publicly blaming the USA for our firearms problems?
He also assured the MLAs that we had firearm coverage in all districts, but its either this is not true or the officer in charge of the firearm team need to be replaced just as Baines needs to be.
"…do you think that the recent travel advisory has nothing to do with him publicly blaming the USA for our firearms problems?"
I would be surprised if two government departments anywhere in the world could coordinate such a thing between them.
No it is our very own murdering, thieving, no good Caymanians who are responsible for the travel advisory. We are captives in our own country and you want to blame the sad state of this country on people who comment to the press? How about putting some criminals away for life and supporting the Police instead of going off on a half baked, hare-brainded speech about replacing Baines. Who do you suggest replace him ? and idiot like you ?
XXXX
14:35
Since you insist on abusing the Queens' English I will indulge you.
I agree that it is our people committing these offences; but you should be aware that the USA has publicly criticised us for being a tax haven and would like to stop our Banking industry. When 'we' blame them for our gun crimes and they get an opportunity to throw negative publicity our way it kills the other pillar of our economy; tourism. Same effect different route.
In my "hare-brainded" opinion Deputy Commissioner Anthony Ennis, or either of the local Superintendents who were on the radio show yesterday would do a better job. I would also give the other UK Deputy a chance, as apparently there is even talk in the ranks that he displays some leadership.
P.S. When challenging the intellect of another, at least learn to use spell check.
SOL
Baines, heres my suggestion: respectfully – go review your police training, investigation, evidence handling. That is your part in seeing justice done. Once again you and your police have been found wanting.
What's unusual here is the Commissioner's overt expression of his sentiments. I reckon the poor fellow's exasperated, tell you the truth. He's got a public that is utterly uncooperative in terms of providing information to the same extent to which it is demanding of results – a truly untenable situation, surely. This could explain what's unusual here? Pardon me if I'm completely wrong.
This is actually quite scary…Police are barely catching and the ones they do catch they can't make the case stick.
Between our Police and our Crminal system we are merely a sportsfishing destination….We catch and release….some fish need be taken to the bigger scales but its all the same….
I have said this before and I am now saying it again…..it is either the case that the Police is arresting innocent people and the courts are setting them free, or they (police) are arresting the guilty people but totaly scre%!@G up the evidence collection XXXX.
And in the meantime, the guilty party is still out there amongst us, the law abiding citizens who have to live in fear with this Crack A Jacks system being deployed here.
Now I know why all of my friends and relatives are packing up and going; first the cost of living and the feeling of being prisoners in your own home.
Yes crime happens everywhere else, but I am now starting to feel safer in a larg country rather than here. Heck, at least in large countries the police seem to do a better job.
House for sale! If not sold in time, bank can have it!!
'…..and the feeling of being prisoners in your own home.' I don't feel like being a prisoner in my home and I'm not.
@ Gone to Hell (and your many supporters):
I wonder what is the advice of the US State Dept. website in regards to its citizens visiting London, Glasgow, Belfast and Dublin?
All of those cities are fixtures within the ranks of Europe's most dangerous cities.
(Don't take my word for it: http://www.finfacts.com/irelandbusinessnews/publish/article_10008972.shtml)
My point? Warnings and stories like the one you referred to are a source of great amusement to me. Why? Because I see the hypocrisy and agenda that inspire them.
* If Cayman is "gone to hell" then London and Glasgow (knife capital of the EU – if not western world!) must be 2 floors down respectively. This is speaking from personal experience by the way.
This isn't about the great big world conspiring to bring Cayman down. The State Dept blurb is factually correct. We do have a problem with gang violence and a defenseless child was indeed gunned down.
Of course there are many places worse than Cayman. But clinging to this notion, rather than acknowledging and sorting our own problems, is precisely what has gotten us to this low point.
There are not many western nations that are more violent and dangerous than the good ol U S of A buddy.
My comments were not meant to suggest a conspiracy against the Cayman Islands – if anything it was more to highlight the ridiculous reality of the USA issuing these warnings to their citizens as if American tourists are venturing out of the Holy Land into the lands of wretched, sinful animals.
Re: "The State Dept blurb is factually correct. We do have a problem with gang violence and a defenseless child was indeed gunned down."
And the USA does not? Does the UK not have a HUGE multi-layered, nation-wide and multi-ethnic "gang problem"?!
Kids and teens are killed and maimed every single day in the USA (and UK) as a result of gang / gun / violent crime.
If anything, those nations ought to be warning other citizens about visiting them as tourists.
Come on buddy – shake out of the bubble of "amazing Western exceptionalism" … smell the good ol (ex)third world Brazilian coffee – that's the new rave you know – "BRIC coffee"!
🙂
* No one is suggesting that we do not have a relatively new issue in regards to criminal activity – however, to suggest that whatever it is warrants travel advisories (from crime infested jurisdicitons like the USA no less) is a bit much. Furthermore, I highly doubt that such warnings will help in the efforts toward "sorting our own problems".
Crime is nothing new in Cayman, nor is violent crime. You may recall NetNews articles from 10 years ago featuring machine gun toting RCIP officers patrolling the streets.
The only point here is that it is ridiculous that our little community of 50,000 people has generated between 2500 and 3000 reported offences annually since the late 90s. We have ignored the crime issue for far too long.
BTW I am in complete agreement that the USA is a grand bastion of hypocrisy, in relation to crime and a variety of other issues.
The US authorities are perfectly entitled to issue advisories to their citizens whenever they like. It may be true that the US has a great deal of crime itself, but not all Americans live in areas high in crime. If they do, they already know the score. They DO NOT know the score in Cayman, and they would be paying good money to come here…to vacation, no less. In the past, Cayman has been known as a safe place to visit. The State Department would be negligent in their duties not to report the change. Let's hope they can change their opinion back again in the very near future…
I live in the US and when I travel I always check out of the US travel warnings.I want to know what type of crime issues the travel destination has whether it is low or high and I decide from there whether I am still interested in that destination.
BTW, I live just outside an inner city with a high crime rate in the US. and work in that city.
So, there are people who do read those warnings and base their travel on those warnings(and hopefully some other research).
Factually correct though it may be it is a little misleading to speak of gunning down a 4 yr old US citizen. It makes it sound like he was a tourist bystander rather than a Caymanian resident in these Islands.
Who cares? …… the topic is the Cayman Islands.
I am not concerned what is happening in Europe or in Xenophobia.
Congrats to Baines for saying what he said.
Please Baines, do everything in your power that is legal to get to the bottom of this.
I would say give it up. This place has been destroyed by corrupt politicians, gangs and ignorant church goers.
Dow the drain we go. Tourisme will drop even more, businesses wil pack and leave.
What is left over time, is the memory of what once was a paridise.
XXXXX
After 10 years as a foreign investor I have decided to leave and go somewhere peacefull.
i don't disagree with you, but where, may i ask, have you decided is a "peaceful" place worth investing in?
Iceland
Isn't that the place where the global financial crisis started and all the banks went bust?
shame you didn't learn to spell in last 10 years too….
I also don't disagree with you ———– but ——— that is one of the saddest things I have read on this site for a long time. Might I suggest that if you want to find somewhere "Peaceful" you jump on an Otter and get over to the Brac!!!.
Before you all give a "thumbs down" read what the article says … "both lawyers agreed" that without the (historically unrelialbe) witness testimony and in this case conflicting testimonies – there was not enough evidence for a conviction.
So the Crowne agreed with that and now Baines thinks there's grounds for an appeal? SMH … what a thing!
Revisiting the underlying issue, as expressed in Commissioner Baines public comments, I find it somewhat worrying that his philosophy seems to be – “If I think someone is guilty, then we do not need the Court to determine otherwise”.That would be a very scary situation……….
I find it unconscionable that the Commissioner, a man whose leadership of the RCIPS has been less than stellar, would have the “cojones” to openly criticize the decision of a Grand Court Judge, when the detailed report of the judge’s determinations, as shown on CITN News tonight, clearly explains that none of the Crown Prosecution’s witness’ s evidence was even vaguely consistent. I would have thought that Baines was possibly walking the thin line of “Contempt of Court”. This is a dreadful case and I cannot even start to appreciate the grief of the family of the child who was killed – but that is the subjective perspective. However, as a layman, I can understand the maxim that “Justice must not only be done, it must be seen to be done”. Otherwise we descend into the territory of Judge Roy Bean, and lynch mobs. Legal process, as I understand it, is, in the first place, required to prove the accused guilty as charged – it is not for the defendant to prove their innocence, and if the incompetence of the Police FORCE and the Crown Prosecutors Office, fail to prove the defendant’s guilt – it is not the fault of a jury or, in this case, a Judge alone.
If some people who know the offenders in several of these cases had the guts to stand up for what's right and speak out, then perhaps some of these cases would turn out differently. It seems to me that all we ever have is cicumstancial evidence, speculation and heresay as a basis for prosecuting when what we need is independent witnesses, and strong evidence connecting these persons with the crime to show guilt beyond reasonable doubt. Its sickening to think that the person who murdered this innocent 4 year old and others who have committed heinous crimes are still walking free within our community. Such a position only leads wannabe criminals to become criminals, thinking they can have a free rein and cause havoc committing crimes in the community because they feel that there are no consequences to face.
I think you have hit the nail right on the head!!. It seems to me that your comments could be levelled at almost all the serious crime on the Island. well said!!!!!
Support the work of the police even if it's sub-par? Come on Baines! I expect you to know better than that. That's NOT how the court of law works. Provide them with solid evidence and you may have gotten a conviction!
Everyone knows that witness testimony cannot be relied upon like that!
Simple, your case was not strong, your evidence was not strong, if it were strong you would have got the conviction. Once more the police demonstrate there total lack of police work.
No! This is a very unfair accusation. The police did their job. The Crown Prosecution Service let down little Jeremiah and the Barnes family.
In the pre-trial preparations the CPS should have identified the inconsistencies in the eye-witness evidence of Mrs. Barnes and the gas station owner and should have properly handled the case accordingly or not gone to court if the prosecution was not secure. Furthermore, if the judge did not appreciate the importance of the gunpowder residue on Mr. Anglin’s clothing, the CPS could not have forcefully imposed the importance of this evidence on the Justice. An examination of the transcript of the court will show if the CPS engaged the services of a firearms expert to push home this crucial evidence.
The message from the three recent acquittals is clear: The evidence must be stronger, the eye-witness accounts more corroborative, and the cases much more robustly presented by the prosecution to obtain successful prosecutions in murder trials in this country.
What makes him legally qualified to call for an appeal?
You never Know he maybe attending the CI law school and prepairing to take the bar exam.
"SAFETY AND SECURITY: In recent year, the Cayman Islands have experienced an increase in criminal activity involving Jamaican gangs, including gang and drug-related shootings. One such shooting, in February 2010, resulted in the death of a 4 year old U.S.citizen. Local law enforcement authorities areaggressively addressing these challenges, which affect the West Bay area, in particular."
How does that Johnny Cash song go? Down, down, down and the flames went higher……….
“Local law enforcement authorities are aggressively addressing these challenges…”
Doesn’t look like that from here… not at all, it doesn’t.
There's a reason the U.S. is widely regarded as a joke in diplomatic circles. I mean, have they even got the country right? Geography – such an important subject when all said and done.
Well I agree with all, but Jamaican gangs? Really? How about Caymanian gangs with some Jamaican elements? How about Caymanian Political Gangs running wild, loose, and ruining what was once a nice country.
Too true. It's odd that the US State Dept knows who are criminals are when our own police force does not…