Accused gunman acquitted
(CNS): Full story – A West Bay man has been found not guilty of trying to kill Andy Barnes outside a local bar in June 2010 in what was reported as a gang related shooting. Justin Manderson walked free from the courts after Justice Richard Williams delivered his acquittal, stating that he found too many inconsistencies in the evidence given by Barnes to be sure that he had correctly identified the man who shot at him outside the bar. In his first criminal ruling in a judge alone trial, Justice Williams said he did not find sufficient corroborating evidence to support the claims by Barnes. "Having formed that view and looked at the counts, I find Mr Manderson not guilty on all three counts," the judge told the court as Manderson threw his hands up in delight.
In his ruling the judge pointed out that Barnes' identification of the gunman was made in difficult circumstances. He said that it was dark and although more than a fleeting glance the judge said his credibility was in question. The judge said his credibility was not in question because of his criminal record, which he had discarded, but because of the doubt raised about the veracity of his evidence, because of the CCTV evidence brought by the defense and the contradictions between Barnes' testimony and that given by other witnesses for the crown.
He also pointed to the fact that there clearly was animosity between the men despite Barnes' denial. Barnes believed that Manderson's cousin, Devon Anglin, was responsible for his son's death and there was gang rivalry. It had also been demonstrated that Barnes believed Manderson had threatened to do him harm and therefore his identification was biased by that.
Barnes had also denied threatening to shoot Manderson's younger brother, Jordon, when the men were both present in the cells at the court house, despite witnesses to the contrary.
The judge rejected the crown's gunshot residue evidence because of the dangers of contamination. He pointed out that Manderson had been arrested by firearms-handling officers and had been transported in the Uniform Support Group van. He further stated that one particle was not sufficient to convict, especially when the identification evidence was in question.
Other issues that could have bolstered the crown's case, such as the telephone evidence, was weak because the crown had not proved that the phone they attributed to Manderson was in fact in his possession at the time of the crime and the unit had never been produced during the trial, the judge said.
He noted that comments attributed to Manderson at the time of his arrest to the police had been denied. The crown claimed that two police officers had stated that when Manderson was arrested on suspicion of attempted murder he had asked, “Attempted? So he's not dead then?”
Justice Williams dismissed the one other eye witness that said he had seen Manderson riding his bike towards Kelly's Bar on the night in question. He said that, again, the identification of Manderson was made in the dark and was not much more than fleeting. He also said that the account did not corroborate with any other evidence and was not enough to bolster the account given by Barnes.
The judge said that because of the weaknesses in the key witness account there was no need for him to review in detail the alibi evidence that had been put forward by the defendant, before he told Manderson he had found him not guilty.
Category: Crime
An acquittal at a trial under English and Cayman law does not establish that an accused did not commit the crime in question. It merely establishes that at that trial the prosecution failed to establish that allegation on the evidence tendered at trial to satisfy the enhanced criminal burden of proof of beyond reasonable doubt. (SOCA v. Hymans).
Not really how one can "thumbs down" a statement of fact.
Outstanding, thanks for taking the time!
Thanks for your input Bobby but your precedence of 1935 means very little in this case when one takes into consideration the amount of illegal firearms on our rock today compared to 1935.
You don't really get how this "common law" concept works do you?
Honestly between the police and legal department our entire system of supposed checks and balances appear to be non existent.
I remember how shocked I was when I read the statute barred cases article in the Compass.http://www.compasscayman.com/caycompass/2011/01/26/RCIPS-reveals-statute-barred-cases/
Mr. Polack said of even greater concern is that one offence did not proceed as a result of an incorrect ruling by the Legal Department. “The further question must then be asked as to how many other incorrect rulings of a similar nature exist and what steps have been taken to track and remedy these all to frequently occurring comedy of errors,” he said. In an FOI reply dated 2 August, 2010, it was confirmed that the Legal Department has no record keeping systems to provide details of case rulings. “This is preventing any historical enquiry or audit,” said Mr. Polack
No accountability for either the Police or the Legal Department. Several people should have lost their jobs after that article. Where are the checks and balances what recourse do we as ordinary citizens have in these situations?
I feel that as a populace we are too timid and complacement and that's why we have the crappy elected officials that we have and all this crap that we keep taking and taking!!! When is enough enough???
Another acquitted in a serious crime involving either attempted murder or murder! Readers once again play close attention to the grounds for acquittal; poor evidence! I could elaborate but why bother when all the recent verdicts of similar outcomes are almost verbatim from various Justices.
This latest acquittal is clear and sound evidence that the Commissioner of Police (CoP)and the Public Prosecutor are either over-reaching, out of their league or maybe a combination of both shortcomings. At this rate, it is not unreasonable to anticipate that the Cayman Islands could expect the frequency of such heinous crimes to increase henceforth. Due to such consistent rulings by Judge alone trials that in an odd way bolsters the rather skewed reasoning and abnormal comfort level of the thugs whom commit these types of serious crimes; not just against the victim but an entire society.
Can these islands’ safe reputation sustain much more of these types of crimes? If your answer is probably not, well then I pose a further question; why on earth are we as a society are not demanding answers from the CoP and Public Prosecutor about these acquittals based primarily on their collection and submission of poor evidence to the Court?! Moreover demand that their contracts be terminated posthaste in an effort to mitigate this type of future ruling, better yet thwart the acts of such serious crimes being committed with such frequency because criminals will think twice because competent persons are in charge of such vital arms of security in any civil society.
I guess the young man who was shot must have just shot himself, right? Maybe he was despondent over the current sad state of affairs here in Cayman. It really is a shame that it has come to this, but whose fault is that?
Wow, do I feel safer after this verdict? Someone should examine the criminal justice system. Convictions seem as rare as hen's teeth.
WOW! Have the police and the prosecution won any cases?
Bang! Bang! Shoot 'em up the party never ends! You can't think of dying when drugs and violence are your best friends!
I hang my head in sorrow and shame. My Cayman……. Paradise lost.
Various persons were 'beating their gums and grinding their teeth" that convictions were so lacking prior to 2005. But since that time, and with so much more resources placed at the fingertips of the police and such "Great Leadership" at the helm and throughout the various training and investigative departments, it's absolutely "shocking and amazing" (Shock and Awe !!!) the amount of aquittals that are taking place in our courts involving gun crimes. What the hell is going on Mr. Baines ??
Frankly speaking, I've lost all confidence in the RCIPS and I'm truly expecting to see much more of this "catch and release" or "catch and walk" being the norm in the Cayman Islands.
Don't stop the Carnival.
I stayin south of the fire station for a while.
When these cases are put before the courts by police officers, and are kicked out for lack of evidence, it is no one to blame but the police and the Legal Department.. Can someone tell me how long is this going to continue? . I know when this case happened, the investigating police officers could not make a case stick if you had put glue on it, however I hope they are doing better since 2010.
The public is watching, and I would suggest that the Commissioner make sure his officers get trained in how to compile evidence to make a case. What I have observed that there are many officers in the Police Force who cannot read well much less write, so in four words "Go get some training"
XXXX but the police and Legal Department need to put forward better evidence.
When they compile a case file, it is either they are too lazy to read it over or they could'nt care less. Read the darn file until it becomes a story in your head, so when it is put to the Legal Department, they then will have something to work with. Them too, Legal Department, is another laughing stock, because if the police put foolishness before them and they send foolishness to the Judge, because they are too lazy to go over the file with a fine tooth comb, it is time that some changes are made in that department. Shame on you all for putting cases before the judge that is a pile of crap.
Why do we have trials?