Archive for October, 2012
Appeal court sent GSR report
(CNS): Following the disclosure of a report regarding the significant levels of gunshot residue contamination at the George Town police station, as well as on vehicles, officers and equipment, another local attorney has sent the report to the Court of Appeal. Lawyers representing Razial Jeffers, who is awaiting an appeal ruling regarding his conviction for the murder of Marcus Ebanks and the attempted murder of four other men in July 2009, have forwarded the report because GSR evidence forms part of the case made against their client. Meanwhile, the police have said the findings are not unexpected and seemed unconcerned about the potential impact the report may have on current criminal cases.
After passing on the report to the senior panel of judges that hear Cayman’s Grand Court appeals, Michael Wolkind QC and Richard Burton took a different view as to the importance of the report.
"This really is a significant development. Effectively the RCIPS are acknowledging that there has been an unsafe system up until now. It's in everyone's interest that scientific findings are reliable,” said Barton as he welcome the recommendations that were made in the report. “But it is obvious that a number of convictions must now be questioned."
The report by Scientific Support Manager Martin Gaule showed that there was a real danger of contamination as a result of GSR levels and made a number of recommendations to the RCIPS to help them reduce the problem. Following the report’s public revelations Detective Superintendent Marlon Bodden said the memo reminded staff to comply with the established processes and procedures when dealing with firearms and suspects and said it was not unusual for the RCIPS to issue such procedural reminders to staff.
"These swabbing exercises are carried out routinely in other jurisdictions and it is our intention, as part of our on-going efforts to further professionalise our service, to continue with a programme of swabbing to ensure that our stringent process and procedures are being adhered to,” Bodden stated.
Despite being routine in other jurisdictions, it appears that this is the first time such an exercise has been carried out in the Cayman Islands, though police now say it will be an on-going exercise. “We intend to continue the process of random sampling in order to ensure best practice," Bodden added.
The senior cop added that only two areas were found to have high levels of GSR: one on an officer and the other outside a cell at the station.
“Such a finding would not be unexpected as the report itself acknowledges,” Bodden said. “It is for this reason thatour protocol is that suspects are not handled by firearms officers without adequate precaution being taken to guard against contamination. The other areas yielded low levels or trace amounts of GSR.”
The senior officer added that it is not normal procedure for GSR evidence alone to be used to prove possession of a firearm but more usually used to support other evidence available, such as DNA or eye witness testimony.
However, attorneys are pointing to situations where the GSR is used to bolster what is claimed to be weak or circumstantial evidence. In those cases the report will discredit that evidence, leaving some crown cases thoroughly undermined and leading to legal challenges in forthcoming cases and more appeals in ones already tried.
Peter Polack, the local attorney to whom the report was disclosed during the process of a case, raised another concern relating to the report when he described the “unconscionable delay” in the release of this information to those affected by it on the part of the authorities.
“This is not the first time there has been a failure by the Cayman Islands law enforcement to release crucial information in a timely manner,” the lawyer said. Polack pointed to the ruling by Justice Alex Henderson in the Grand Court during the Jeffers murder case where the judge found that there had been a breach of the defendant's right to disclosure — a breach, Polack said, that was admitted by the Director of Public Prosecutions (DPP) representative present in court.
“Crown counsel accepts before me that the accused's right to disclosure had been breached,” the judge stated in his ruling before the start of the trial at the beginning of this year. "I have been assured during argument that steps will now be taken in the Prosecution Service to ensure that there is no repetition of this unfortunate event."
However, the defence lawyer said that this had clearly not been the case. Polack said in other matters relating to the Jeffers case Deputy DPP Trevor Ward was forced to submit a statement in the appeal court confirming the failure to disclose crucial telephone analysis records relating to the chief prosecution witness, which has now formed one of the grounds of appeal.
There has been a growing number of complaints in the Grand Court over the last few months from defence attorneys regarding problems with disclosure. It is understood that with the changes to the criminal procedure code introduced by the attorney general, which have seen certain criminal cases shunted into Grand Court far more quickly, and the elimination of preliminary enquiries, the workload at the DPP’s office may be now increasing beyond its ability to keep pace.
Related article and report on CNS:
UK legal heavyweight placed on local judicial board
CNS): The former British attorney general during the last Labour administration has been appointed to the local Judicial and Legal Services Commission by the governor. Labour life peer Baroness Scotland of Asthal, one of the UK’s leading female legal heavyweights, will replace Sir Richard Ground, who resigned from the Commission earlier this year. Her appointment, which is made with immediate effect and will last until 2015, brings the board which is charged with appointing and dealing with disciplinary issues relating to Cayman's judiciary to the full complement of eight members.
“Baroness Scotland is a most impressive lady, with an outstanding career to date and impeccable credentials,” Cayman Islands Governor Duncan Taylor said as he announced her appointment to the body established under the constitution. “I am delighted to be able to appoint such a distinguished lawyer and such a good friend of the Cayman Islands to the JLSC. I have no doubt that her wisdom and experience will be of great benefit to the Commission.”
Patricia Scotland was born in Dominca but moved to the UK when she was only two years old. She entered the legal profession when she was called to the Bar in 1977 and became a QC in 1991. She was made a Labour Peer in 1997 and served in several ministerial posts in the Tony Blair and Gordon Brown’s governments, including attorney general for England, Wales and Northern Ireland from July 2007 to May 2010.
As Parliamentary Under-Secretary of State for the Foreign and Commonwealth Office from 1999 to 2001, her responsibilities included the Caribbean and the UK's overseas Territories.
She was appointed as an Assistant Recorder in 1991, a Deputy High Court Judge in the Family Division in 1995, and a Recorder in 2000. Baroness Scotlandis currently in private practice in London and serves as a Member of the House of Lords. She has received many awards for her achievements and is a member of numerous advisory committees in the UK.
See her CV below.
Woman cleared in Money Express $100k theft
(CNS): A woman charged with theft, conspiracy and stealing around US$100,000 from Money Express in George Town was acquitted Tuesday, after a judge threw out the case against her during a Grand Court trial because the evidence was so poor. The crown also dropped one of the charges against Martha Levy, who was accused of being involved in what had been originally believed to be an armed robbery but turned out to be an inside job at the business in January 2011. The evidence against Levy was based solely on that given by crown witnesses one of which was a co-accused who had admitted his part in the crime.
However, the judge found the evidence was so weak and discredited it could not have persuaded him to convict Levy, and he released her from the court.
The crime was originally reported to police by Sanjay Andre Burrell, who was the employee at the store. He told police that the store in Elizabethan Square had been held up in an armed robbery on 15 January 2011 but shortly afterwards he and Joseph Lloyd Suberan were charged with theft by the police. The men then admitted cooking up the pretend robbery and stealing CI$62,667 and US$24,252 from the business, as well as possession of an imitation firearm used to bolster the pretence of an armed robbery. O’Brian Emmanuel Wright also later admitted to being an accessory as he had hidden the stolen cash and gun used in the crime.
Levy was arrested soon after the event when one of the men charged with the crime and others had made allegations against her and implicated her in the conspiracy as well.
Her trial started in June but was adjourned to give her defence attorney a chance to rebut, through telephone records, claims made by another crown witness, Jamie Morales, who said Levy was involved in the robbery and had claimed she was harassing him. These records were located and examined by a police expert and then used to clear Levy of the crime.
In his ruling the judge pointed to the evidence which had been presented to the court rebutting Morales' claims and bolstering Levy’s defence, and said that it was Morales that was harassing her.
With no other evidence that Levy had anything to do with the crime other than the say-so of the co-accused, Burrell, who said she came to the shop that day but was inconsistent with his evidence, Justice Charles Quin accepted the no case submission made by Clyde Allen, Levy’s defence attorney, on her behalf and dismissed the charges against her.
Stating that it was his duty to stop the case, the judge said, “I find the evidence adduced by the crown in this case has been so discredited in the case of Morales and is so intrinsically weak and inconsistent in relation to the co-accused Burrell that there is no possibility of my being convinced to the required standard by the evidence before me that the defendant is guilty,” he said, as he recorded not guilty verdicts on the remaining two charges against Levy.
Cuba lifts travel restrictions on locals
(Reuters):Cuba will scrap much-reviled travel restrictions starting in January, making it easier for its citizens to leave the communist-ruled island in the first major reform to its migration policies in half a century. The changes reverse tough restrictions imposed in 1961 when the government tried to put the brakes on a mass migration of people fleeing after the 1959 revolution that put Fidel Castro in power. The government said Tuesday it would lift requirements to obtain an exit visa permitting departure from Cuba and a letter of invitation from someone in the destination country, putting an end to a process that Cubans complained was too time consuming and expensive, with no guarantee of final approval.
Now, most Cubans will only have to show their passports, national identity cards and, if needed, a visa from the country they will visit to go abroad, deputy immigration chief Colonel Lamberto Fraga told reporters. In theory, the changes should make it easier for Cubans not only to travel but to work abroad and return home when they want.
But Cubans will still need to obtain visas from most countries, which may not be easy because of fears that those who were granted tourist visas might not want to return to the island.
Ritz Carlton resort in slash down sale
(CNS Business): The reserve price for the sale of the Ritz-Carlton-Grand Cayman has been slashed from US$250 million to US$177.5 million, according to documents from Eastdil Secured Ltd, the specialist firm holding the auction later this month. The five-star resort is set to go under the hammer as RC Cayman Holdings LLC seeks to recover a debt owed to the firm by the previous companies, formerly owned by Michael Ryan, that it seized earlier this year through legal action. However, the reserve price has been cut by around 30% and falls short of the total outstanding loan amount of US$234 million plus interest, which it purchased for an undisclosed sum in May 2011 before calling in the debt. Read more on CNS Business
Woman hit by car on road shoulder
(CNS): A woman has been taken to the Cayman Islands hospital in George Town after she was hit by a car as stood by the side of Shamrock Road close to Corella Drive in the Beach Bay area this evening. The incident occurred at about 5: 40 pm on Tuesday 16th October a spokesperson for the RCIPS revealed. Police did not say how severe the woman’s injuries are or if the driver remained at the scene of the accident but anyone who witnessed the road collision is asked to contact the Bodden Town Police Station at 947-2220
PPM berates Mac’s travel
(CNS): The opposition party has attacked the UDP government and in particular the premier for leaving the islands in limbo while he is on world excursions and not explaining the details of his frequent trips. The PPM's executive committee released a statement Tuesday describing McKeeva Bush's travel as unacceptable, especially given that the deputy premier was also away when the premier took off to Asia earlier this month. The PPM pointed to the recent headline on CNS which questioned who was in charge that generated close to a hundred comments, very few of which were in support of the travelling.
Despite making enquiries regarding the details of the latest trips taken by the premier and the deputy premier, including the reasons for the trips and who went with them, few details were forthcoming. As a result CNS has now submitted FOI requests regarding the full details and costs of the official travel of both the premier and the deputy premier. It is understood, however, that the premier, who is currently in Asia, is not expected back in Cayman until 28 October.
The Executive Committee of the People's Progressive Movement said it was deeply concerned with the ongoing absence of the premier from the country.
“Not only has the Premier been frequently absent for long periods, at times with the public not being advised of the reasons for his absence from the Islands, but recently we also see that the Deputy Premier was at the same time visiting Qatar for a Postal Union conference,” the opposition said in the statement.
In the face of the concerns raised by the public about the usefulness of the globetrotting by the UDP given the costs, the party said that as Cayman continued to face the results of the economic mismanagement of the UDP Government, the country needed all hands on deck at home to resolve the many challenges.
“The ongoing regular absence of the key leaders in the UDP Government, particular the Premier, in part explains why the Cayman Islands seem to be regularly adrift, or on autopilot but going around in circles. The fact is that no major decision can occur while the leadership is away,” the opposition added.
Pointing to government's failure to address the Framework for Fiscal Responsibility or the changes to the country's political landscape, as required by the constitution ahead of the General Election, for the addition of three new seats in the Legislative Assembly, the PPM said these were just two of many issues that were stalled while Bush was absent without leave.
“We cannot continue to accept the many instances of bad judgment and bad governance that Mr Bush and his Government has surrounding them," the PPM said as it called on the UDP to explain the whereabouts of the leadership and ensure that important matters received due attention.
Related article on CNS:
Teenager to face trial over jailhouse fire
(CNS): A sixteen-year-old boy will face trial in February next year over a fire he set at the George Town police station. The teenager has admitted to lighting the fire but has denied that he intended to harm anyone as a result. Despite efforts by his attorney to negotiate the charges, the crown is insisting that the teenager intended to ‘endanger life’ when he set fire to a mattress in his cell. The teen has also pleaded guilty to arson following a fire he set in the West Bay lock-up a few days before, but despite his admission the teenager will now go to trial. The teenager, who had been arrested and was in custody at the time, was only fifteen when he set the two fires.
Representing the youngster, defence attorney John Furniss explained that the trial would boil down to the very narrow issue of whether his client was merely careless or whether he intended harm by his actions, which the teenager has denied.
Cayman teams face Honduran teen footballing elite
CNS): Teenage players from a long standing professional football club in Honduras will be sending a team to face the best the Cayman has to offer in two matches showcase matches this weekend. Officials from the West Bay Sports Foundation said they will be hosting the Under 15 youth football team from Club Social y Deportivo (CD Vida) based in La Ceiba, Honduras, on Saturday, October 20 and Sunday, October 21 in its efforts to improve youth football in the Cayman Islands. The Honduran teenagers will be pitted against a West Bay Select team and then Cayman’s Under 15 champions Academy SC.
October marks 72 years of CD Vida’s existence and involvement in football in Honduras. In 1964, CD Vida won its chance to represent La Ceiba in the professional Honduran Major League Soccer. From 1965 to 1975, CD Vida enjoyed a successful transition from amateur football to the professional ranks always finishing in the top four in the Honduran professional league. Throughout the years, CD Vida has provided numerous players to the Honduran national team, including a few key players who represented Honduras in the 1982 World Cup in Spain.
“We continue to assist with the development of our young footballers by inviting top opposition from within the region and around the world,” said West Bay Sports Foundation founder Ardin Rivers. “We are thrilled to welcome the youngsters from Honduras and encourage everyone, especially the Honduran community, to come out and support the games. Our local teams will benefit greatly from these types of games and we wish them all the best. Special thanks to all the sponsors who have made this event possible.”
On Saturday, kick-off is at 6pm at the Ed Bush Sports Complex in West Bay then on Sunday the game stars at 5pm at the Annex Field in George Town. Sunday’s game will precede the CIFA 2012 Charity Shield between defending Premier League champions Scholars International and Premier League runners-up Elite SC at 7:00 p.m.
Tickets for Saturday’s game are $7.00 per person and on Sunday tickets are $15.00 per person. The $15.00 covers admission to the Under 15 game and the Charity Shield. Tickets are available at the gate for both nights and children under 12 are free.
The CD Vida visit is made possible by the West Bay Sports Foundation, the sports ministry, Cayman Islands Football Association (CIFA) and a number of sponsors including Shamrock Heights Development, CMEC Cayman, Management and Engineering Co, AMB Construction, Adare Investments Ltd, Paint Pros, Island Electronics Ltd, Hyde Agencies Ltd, Cayman Armoured Courier Services Ltd and King Imports.
West Bay’s young footballers retain title
(CUC-PFL): In almost perfect weather conditions, Sir John A Cumber Primary triumphed at the re-scheduled 2012/2013 CUC Primary Football League (PFL) Opening Rally this past Saturday at the hallowed T.E. McField Sports Complex (Annex Field) in George Town. Reaching their second final in consecutive years, the boys from the west claimed the first silverware of the young season by defeating Cayman Prep 3-2 in a dramatic penalty shootout. The final was a hard-fought encounter with most of the play taking place in midfield. Both defences were called into action many times throughout the game and each stood strong, repelling their opponents attacking forays with pinpoint tackles end excellent goalkeeping.
Sir John A Cumber’s standout midfielder Barry Dre Tibbetts worked tirelessly up and down the park but could not find that “killer pass” for his forwards to finish. Likewise, Prep’s Jude Reynolds, David Pitcairn and Aaron Jarvis battled on but were largely held in check by the resilient Sir John A Cumber backline and poor finishing.
Goal-scoring opportunities were squandered as both sets of forwards could not find that elusive goal that would set their teams on to victory. Both goalkeepers were excellent between the posts, throwing their bodies at everything that came their way. With the score locked at 0-0 after fulltime, 10 minutes of overtime was played and still there was no winner.
The 2012/2013 final would need penalties to decide a champion and there was no shortage of drama. After the dust had settled following the first round of three penalties, the score was still level after each team had missed one penalty. Up stepped Sir John A Cumber’s fourth penalty-taker who buried his shot in the corner of the net. With the pressure on, Cayman Prep’s fourth penalty-taker could only find the body of young Ike Bush in goal and the game was finally over. Sir John A. Cumber were champions.
With that key save, the young goalkeeper from West Bay disappeared in a sea of red as team mates, classmates, parents and supporters mobbed the day’s hero. For his heroics in goal, young Mr Bush would later collect the Final’s Most Valuable Player award at the trophy presentation.
Beaten finalists a year ago, Sir John A Cumber Primary had turned the tide, reached the final again and were crowned 2012/2013 PFL Opening Rally champions. As Zone C winners, Sir John A. Cumber’s road to the final on this day began with a come-from-behind 2-1 victory over aresilient Cayman International School in the quarter finals thanks to goals from Cam’ron Solomon and Jeremy Manderson. Ben Taylor had put his CIS team up 1-0 in the first half.
In the semi-finals, the boys from the west defeated neighbours Grace Academy 2-0 on penalties. Grace Academy’s journey to the semi-finals started with a 2-1 quarter final win over defending Rally champions George Town Primary thanks to two goals from Gunnar Studenhofft.
Zone A winners and finalists Cayman Prep moved straight into the semi-finals as quarter final opponents Northeast Schools were unable to make the journey to George Town for the tournament. In the semis, Cayman Prep defeated St. Ignatius Prep 2-0 with goals from Jude Reynolds and David Pitcairn.
St Ignatius Prep had advanced to the semi-finals following a 2-0 quarter final win over Red Bay Primary with Corey Smith netting twice. In the third-placed game, Grace Academy defeated St Ignatius Prep 2-0 on penalties after a 0-0 fulltime score.
The PFL Committee thanks the players, coaches, parents and supports of “the powerful game” for their participation and support. Special thanks to officials Bruce Blake, Chastine Rankine, Gary Whittaker and Ronnie Roach who handled all the day’s games.
With the Opening Rally finally in the history books, we set our sights on the regular season, which begins this coming Saturday, October 21 with a number of games scheduled at primary school venues across the Island. The 2012/2013 CUC PFL season is off and running and judging from the talent on show at the Opening Rally, we anticipate a great season ahead.