Former minister seeks public apology from cops

| 12/06/2013

dr frank.jpg(CNS): Following the dismissal of charges against him last week, Dr Frank McField, a former Cabinet minister and recent political candidate in the general election, is seeking compensation and a public apology for his treatment at the hands of the police. McField was charged with resisting arrest and obstructing police following an incident at his restaurant in George Town in May last year, when officers from the RCIPS had tried to seize equipment being used to play music after midnight on a Sunday. Following McField’s own submissions, as he acted in his own defence, the magistrate dismissed the charges when she agreed with the former politician and playwright that there was no case to answer.

Following the dismissal, McField wrote to commissioner David Baines pointing out that the trial, which took place while he was campaigning for office, undermined his efforts because the issue of candidates facing the courts while running for office was an election issue.

The former minister wrote to the top cop last week stating, “Much was said and made of the fact that several candidates in our recent elections had cases pending before the courts,” he wrote. “I was one of those candidates who had to suffer the humiliation and disadvantage of campaigning while on bail. However, my case never needed to come before a court because it was obvious even to the Pope’s dog that the seizure of some of my possessions, and my arrest and detainment was unlawful.”

On the night in question, a private party was being held at the premises, which does not have a liquor license in any event, and at around 1:30am officers entered the restaurant and attempted to seize the music equipment. When the manager of the premises, Silvana Lewis, who faces four charges in connection with the incident, tried to stop them, there was a struggle and she was arrested. It was then that McField became involved and was also arrested for obstructing police.

McField successfully argued, however, that the police should not have entered his premises to take anything without a warrant or without having made an arrest beforehand. In this case the prosecutor had agreed that it was not clear if the officers were acting in accordance with the law. The magistrate said that any reasonable doubt had to be resolved in the defendant's favour.

The trial for both McField and Lewis had begun in February but court delays caused the summary trial drag on, and when it came close to the election, McField had asked for an adjournment, leaving him in the midst of criminal proceedings while trying to get elected in George Town. In the end, McField was only able to attract just over 3.6% of the vote and lost his deposit, a result the candidate believes was impacted by the legal issues and the publicity surrounding it.  In his letter to the commissioner, McField asked for a public apology and compensation.

“Above all, the rule of law requires that those who make, adjudicate and apply the law should be subjected to the same law. In other words, the police should be subject to the self-same law that they apply and uphold,” he stated. “It is the mark of the police in a fully-fledged and maturedemocracy that they bind and subject themselves to the very law that they are pledged to uphold. Commissioner David Baines, I call upon you as the captain of this immature democracy to have your officers offer me, a Justice of the Peace, a public apology and begin talks on ways in which I may be compensated for this public humiliation and loss of credibility and trustworthiness: keys words in the May 2013 elections. “

He accused the police of attempting to criminalize Cayman youth and what he called radical intellectuals like himself. McField also pointed to the video footage he has from the night, which he gained as a result of evidence disclosure, that shows what he said was the “cruel behaviour” by the officers in the case towards Lewis and claims that a discussion about their dislike of working with Caymanian officers in the RCIPS was also recorded.

“Mr Baines, I had to act as my own defence counsel because the majority of these officers of the court are like your policemen and women, here for the money and joy ride and to hell with the rights of the natives. Therefore, if I need to take further actions to win back my humanity, I will do so by any means necessary,” McField said in his letter.

The case is now expected to return to Summary Court in July, when the charges against Lewis for assault will be heard.

Print Friendly, PDF & Email

Category: Crime

About the Author ()

Comments (41)

Trackback URL | Comments RSS Feed

  1. Anonymous says:

    So was it leagal or not to be playing music that late or early in the mourning?  
    Were they breaking the law or what?  If so why are the police the bad guys here?  Did they not arrest them right?  I don't understand why the people around them had no right to a quiet night?

  2. The lone haranguer says:

    Who did shoot you leg brother, what was that story again?

  3. Anonymous says:

    I think this year government is going to spend more money than ever paying out restitution fees! Someone needs to implement a review of the police department training levels. Too many careless and costly mistakes happening now.

    • Anonymous says:

      Agreed. The point we should all get from this story is that in a Democratic and civilized society, the police are governed by laws and the Constitution. They are either ignorant of this fact or intentionally disregarding this fact. Either way, we should all be worried. It happens to be Dr. Frank today, but it could be you tomorrow.

  4. Anonymous says:

    “Me, a Justice of the Peace….” And just look at all the other JPs we have. Just what qualifies goons like McField, Mac Bush, and other undesirables to hold civic positions? Jeez anyone can get any title they like if they’re just a little connected here in Cayman. It cheapens societal values.

    • Anonymous says:

      At least Dr Frank is highly educated and is quite familar in how to sign documents.

  5. Anonymous says:

    Congrats Dr. Frank I always  stood behind you. This Police Service needs a roll over not a shake up.



  6. 4 Cayman says:

    Dr. Mcfield the public need to know what happened on the morning you were shot? Clear and simple this is an issue and a cause for public safety. Obviously if there is an illegal firearm on the island and this person is going around shooting people for no apparent reason then the public demands answers and we want it now!

    • Anonymous says:

      I second that. Tell us what happened, or leave the island!

    • SSM345 says:

      "Obviously if there is an illegal firearm on the island"

      No sh*t Sherlock.

      But not necessarily in Frank's situation….perhaps he has a license and he shot himself?

  7. Knot S Smart says:

    Poor little Frankie.

    Such a waste of a good education…

    • Anonymous says:

      HOld your breath for that one…do what everyone else does "sue the government" lol

    • Anonymous says:

      A waste simply because of the good ole christian people we claim to be. Frank had the priveledge of being brought up by good parents and a very Godly mother, more than most of us can say. Those of us who know the real know that he has a big heart and is a very sincere ole soul. He just was not given a chance within his own people.

      • Anonymous says:

        He was given a number of chances and messes up every time. He has no one to blame but himself. His own worst enemy.

  8. Whodatis says:

    I see many of us are okay with the RCIPS carrying out illegal invasions and unlawful arrests … interesting.

    Justice and proper procedure is due on each and every occasion regardless of the individual involved.

    As for spitting on police officers – any officer that was a part of this latest operation deserved that and more – moreso if the allegations against them regarding disparaging commentsagainst local officers are true. (Read it again if you think you misread.)

    These are the basics of police procedure.

    Baines, the FCO, and Simmonds really need to get their house in order.

    Furthermore, did we all see the partially-scratched out, previously-used-in-another-invesitagion warrant that was "served" at the premises of a certain political hopeful from North Side?

    Thanks to the RCIPS, the entire island not only knows how sloppy they were in that particular case, but everyone also knows the name and address of another individual (totally unconnected) whose house was searched as part of a police investigation.

    Then again, I cannot say that I am surprised. The UK police service is nothing short of a joke today.

    (Remember the Tia Sharpe fiasco? Four separate "forensic searches" and almost a week before they found her body in the tiny loft of the home where she was sexually assaulted and murdered.)

    Sadly that is but one example of their ineptitude. You don't have to take my word for it though – just ask the typical mainland British citizen of their opinion of the police today.

    If they are not corrupt by way of selling case-sensitive information to major media corporations then it is another scandal.

    Let us not even mention poor Lee Rigby's tragic case. The main killer in that regard was known to the London Met, MI6, MI5 and a host of other "security" agencies. For eff's sake the guy was even arrested in Kenya for "conspiracy to commit acts of terror" (in Somalia) and DEPORTED to the UK!

    How he managed to be roaming free in order to commit such a despicable act is beyond me. In fact, that opens an entirely new can of worms that is far too disturbing to decipher. Food for thought nonetheless.

    So yeah … what about that little independence thingy, Cayman? We really ought to focus on cutting our losses down the road.

    (No hate over here folks … only context … all about context.)

    • Anonymous says:

      You saw "context", we say "hate", let's call the whole thing off.

    • Anon says:

      You really are tiresome. In the UK they have a media post-mortem every time something happens and then frequently someone tries to blame the police for not stopping it before it did. In the Rigby murder the guy was at large because there was no reason to hold him in custody. You think its OK to hold people without trial huh? In the UK we take liberty and justice very seriously. Withn liberty, stuff will happen, you cannot have policemen shadowing suspects every day of their lives.

      If you ask the average UK citizen (a fair-minded one) what he thinks of his police force he'd probably give it a good report. What you failed to mention is the large number of terrorist and other serious incidents which never happen (but do get reported in the press when the trials come up) simply because of the excellent intelligence work which is ongoing. The Perps are picked up shortly before the planned crime  I'm surprised you don't see those reports, since clearly you are familiar with a lot of the UK news and either spend WAY to much time surfing UK news sites for stories which fit your agenda, or are actually resident there!

      • Whodatis says:

        (…let us digress.)

        Ok, you have clearly selected a point of attack.

        Re: Rigby murder

        My point is this – of all the people in the UK that could have committed such an act of terror … that particular "perp" should have been the absolute last – all things considered.

        Therefore, an epic failure on the behalf of ALL the British security agencies … all!

        Furthermore, if they wanted to, the attackers could have killed a lot more people. We have all seen the video footage of them; posing for photos, urging the public to call the police, waving knives, guns and machetes at the public with bloodied hands, waiting for the police, instructing the public to video them as they made their declarations etc.

        We have eyewitnesses telling of how long it took for useful police personnel to arrive – some 20 minutes!

        Granted, when they did arrive they took them out in splendid fashion, but bear in mind, the "normal" police were on the scene for quite some time but were absolutely helpless in the situation. In fact, the situation broke down to one where the civilians were more effective and hands-on in the immediate aftermath.

        Anyway, I know none of the above will matter to many of you folks. Just thought I would elaborate along with you.

        • Anonymous says:

          You seem to be taking an unhealthy interest in that particularly appalling and brutal crime. Perhaps you should attention-seek elsewhere. Using the Rigby case as an excuse to carry on your self-styled crusade against the UK is monstrous.

          • Whodatis says:

            Nice try, but the facts of that case and their implications speak for themselves.

            P.S. That typical and played out "shaming" tactic won't fly over here, bud.

            Lastly, I don't have a crusade against the UK. I simply believe they are not fit to be the example of how to govern a country – by any means.

            No amount of personal attacks can negate that conclusion, sorry. Feel free to keep trying though.


      • Anonymous says:

        Would that be a white or non-white UK citizen? I can assure you that the report would be different accordingly.

  9. Anonymous says:

    I think the public deserves an apology for having to stomach his ramblings over and over again. Let's work on that one shall we?

  10. Anonymous says:

    Dr Frank is being treated black just because he is black. He is one of the most educated of his age in Cayman. Jealousy is as cold as the grave. Dr Frank is right, whenever there is an accident everyone crowds the road. Police need to move the crowds away quickly as they only get in the way. We hear about police being spat on but what about Dr Frank being kicked off the car bonnet and his glasses falling off his face and getting broken. Dr Frank is a no nonsense man. Dont worry Frank you are the envy of many for your education and you did an excellent when you was an MLA with looking after your people. Dont worry you will rise again. If these people were smart you would be given a good job in Government. We remember quite well when PPM had that meeting in Savannah last year and you spoke out quite well.

    • Anonymous says:

      You must be wearing the same glasses as Dr. Frank "Coo Coo" McField because we cannot see what you are saying!!!

    • Anonymous says:

      Just remind me again what excellent things he accomplished for his people when he was MLA? Wasn't he involved in some sort of low cost housing thing that turned out to be a disaster?

    • Anonymous says:

      A lot of people favored Dr. Frank as an MLA in the hopes that he could utilize his education for the good of Cayman. Instead he proved his true color was Green when he opened up that trucking company of his to bilk the good people of Cayman out of unecceary dollars and joined up with the UDP.  The housing debacle is well documented as the results of that failure still pop up in the news many years after.  Frank proved his true color was the love for Green and that is the only color people care about.  Don't bring that divisive foolishness here.

      • Anonymous says:

        At least Dr Frank tried to get somewhere for these people. I visited one of the recipients house and he told me that he was tired of people making fun of their little houses. To him it was his palace.

  11. Anonymous says:

    Frank wants Baines to compensate him for public humiliation and loss of credibility and trustworthiness?

    Frank lost his credibility and trustworthiness long before Baines was ever interviewed for the Chief of Police job.

  12. Anonymous says:

    So he wanted the trial adjourned until after the election and is now moaning about it not being determined before the election?  Explain that to me again.

    • Anonymous says:

      For not having moneys giving out and big dollars backing Frank he did well on his own to get the amount of votes that he got. Remember he earned them on his very own. Do you think that many of those who won did that on their own merit. No , no, they were gotten because they were a party and most people voted for a party. Dont worry Frank will run again I am sure with an organized party that will win.

      • Anonymous says:

        By your grammar, I suspect you are in Dr Frank's core vote "gottening" demographic.

  13. Anonymous says:

    I don't think anyone made much of the pending charges with Dr Frank in the run up to the election.  More was made of the fact that he was already a convicted criminal and that he had refused to assist efforts to find out what happened when he was shot.

    • Anonymous says:

      If poor Dr Frank is a criminal then he has many many friends in Cayman. Just cant understand why he is singled out.

      • Anonymous says:

        (Most) other criminals do not stand for election on a legal reform platform.

  14. WHAT !!!!!!! says:

    I heard the case was dropped but why he still got too go back too court in July ???????

  15. Rorschach says:

    Wow..when Frank McField can wipe the floor with the Crown Council and make the RCIPS out to be a laughing stock…it might be time to quietly slip away…what you say, Dave???

  16. Anonymous says:

    Did the cop get an apology from you when you spat on him at the scene of a traffic accident Mr McField? Go crawl back under your stone. Election is over, we dont need to see your face in the news every day now. See if you can keep your nose clean for the next 4 years.

    • Anonymous says:

      I never got an apology when a punk head spat in my face in London 1970. You know what? I got arrested. He did what I could'nt do because of Enoch POwell. GO to you tube,    Enoch Powell and educate yourself.



      • Anonymous says:

        Punks weren't around in 1970.  You are at least 6 years too early with your made up story.

    • Diogenes says:

      Nose clean!  I see what you did there.