Archive for January, 2014
Paedophile escapes more jail
(CNS): The chief justice has doubled the length of a controversially short prison sentence given to a father who sexually abused his 8-year-olddaughter but the 45-year-old man has escaped a return to jail. The nine month sentence given to the West Bay father, who cannot be named by order of the court, has been overturned by the country's top judge as a result of a successful appeal by the crown and increased to 18 months. However, for a number of reasons Chief Justice Anthony Smellie said the additional nine months would be suspended for two years, along with the remaining suspended time of three months.
He also ordered that the suspension was to begin from 13 December, when the offender was released from HMP Northward having served six months from the original term.
The chief justice pointed to a number of reasons for suspending the additional nine months of the sentence, not least the pleas of the victim, as well as the problem that sending the man back to jail would be "tantamount to double jeopardy", given that he had served his sentence and had complied with all orders so far relating to his conviction.
However, the CJ found that the original sentence was "unduly lenient", as he allowed the crown's appeal. The senior judge pointed to the chief magistrate's failure to fully consider all of the aggravating factors in what has proved to be a difficult case that has many mitigating circumstances as well. He also noted that the chief magistrate had mitigated the sentence in favour of the victim as much as for the offender, a point with which he appeared to sympathise.
In his ruling, in which he increased the total sentence, CJ Smellie said that the convicted man must continue with the psychological counseling to his counselors' level of satisfaction and that should he re-offend during the next two years he would return to jail for the full remaining but currently suspended twelve months. The judge also recommended that the family of the victim seek a protection order to prevent the man from being alone at any time with his daughter, who is still only 13 years old, or any other young vulnerable people.
The case has caused significant outcry in the community as the assaults on the child were serious and even described as "repulsive' by the chief justice in his decision. But the catalogue of mitigating factors had also swayed the magistrate. The feelings of the victim, who is confused and seriously damaged by the abuse, have also influenced both the summary decision and now the appeal.
The daughter had pleaded with the court ahead of the appeal not to send her father back to jail; throughout the entire episode since revealing the abuse she has blamed herself about what has happened to her father and does not seem to understand that she is the victim, not him. Notonly has she been exceptionally concerned and upset about her father going to jail but also about the impact of his imprisonment on her sibling.
In his ruling the chief justice points to the troubling circumstances of the case, where the victim of the abuse can also become a victim of the punishment handed out to the offender.
"It is indeed a peculiar aspect of this troubling case that this vulnerable girl is not yet mature enough to appropriately grasp and come to terms with the abuse she has suffered but would blame herself, quite unfairly, for her father's predicament. That this is an ongoing concern even at the time of this appeal is evident from the letters," he said, as he pointed to the correspondence submitted by the victim and her sibling to the court. CJ Smellie said there was clearly a genuine bond of affection between the offender and his children which added a further emotional burden to the victim.
"She is clearly prone to blaming herself if he is further imprisoned for offences committed against her. In the particular circumstances of this case, it must be accepted that these are powerful factors influencing the decision on the appropriate period of incarceration."
While the chief justice noted that the impact of an offender's prison term on the victim cannot by itself be a reason for reducing a sentence, it played a part in this case. He said he found the sentence was unduly lenient but his decision to suspend the sentence was also influenced in part by the victim's circumstances.
With deterrence in mind, Smellie said the case called for a longer sentence, hence the increase from nine months to 18 months, but given the pleas of the victim, the issue of double jeopardy and the fact that the offender had served and complied with all of the conditions of the sentence, he suspended the now remaining twelve months.
Activists fear delay in dump solution will fuel Dart PR
(CNS): A group of activists in Bodden Town, who campaigned hard against the relocation of the George Town landfill to their district, have raised concerns that the Dart Gourp's public relations machine is using a local newspaper to manipulate the public and government into backing the idea, even though the minister responsible has statedhis emphatic position that the dump will be tackled on site. In the wake of the major fire at the dump, a.k.a. "Mount Trashmore", the Coalition to Keep BT Dump Free said things would have been even worse had that happened in their district but voiced concern that if government delays in getting started on the dump, the Dart proposal may return to the table.
One of the coalition leaders said that unless government acted quickly to resolve the ongoing issue, the proposal to move the dump to Bodden Town could continue to influence the community.
“Government must act quickly, not only because of the dangerous state of the dump, but because further delay will strengthen the Dart PR machine and its apologists in the media,” said Arlene Whittaker. “They’ll try and claim that the delay means there’s no other solution than Dart’s.”
However, the activists point out that the Dart solution was emphatically rejected at the polls by the district and the recent fire should not fuel the arguments to move the landfill. The Coalition said it has long warned of the dangers of fire inherent to a dump and the potential toxic fallout and has continued to call for a solution to the GT dump problem with waste-to-energy, in tandem with a comprehensive recycling programme.
“The Coalition has repeatedly insisted that moving the dump — to get it out of Dart’s 'backyard' so that it can proceed with a planned residential project for the wealthy – is not a solution and certainly no protection against further fires,” said Gregg Anderson, one of the founders of the group.
The activists stand by their position that establishing a new landfill anywhere on the island, and in particular in BT, would be a disaster for the island’s environment, defying all common sense as well as current world practice.
“We’d be ruining a pristine area with possible toxic air emissions, the risk of fire and explosions, disease through rodents and contamination of the water table into the wetlands,” he said. “Given the wide open spaces around Midland Acres and the winds from the east, the area is much more vulnerable to fires and natural disasters like hurricanes.”
This position was also adopted by the minister with responsibility for the dump, Osbourne Bodden, who said the recent fire at the GT dump would have been much more difficult to contain at the BT site proposed by Dart. Bodden campaigned against the move and has said publicly on many occasions that the landfill will be dealt with where it is.
The Coalition accused local newspaper, the Caymanian Compass, of assisting the Dart PR machine and the proposal to move the dump to their district when the paper said government was being “parochial, politically expedient and short-sighted” in opposing Dart’s proposal. The activist said they fear the district could still be threatened, despite the minister’s position, and urged Bodden to act quickly and even consider some of the local proposals that are much less costly than what has been touted in the past.
“Local engineers and waste management entrepreneurs on Grand Cayman have outlined possible options to eliminate Mount Trashmore in less than eight years, using small, modular, affordable air burners for waste-to-energy, like those currently used on Aruba, together with recycling, recuperation and resale of what’s valuableat the dump,” Anderson said. “Structures for sorting and recycling are already in place, although still never used, and there’s neighbouring crown land for expansion.”
Anderson added that establishing a new landfill and contaminating another site “are never the solution to fixing an existing landfill, certainly not when the alternative site is environmentally, so far from the source of most of the island’s waste, with absolutely no infrastructure for theincreased traffic.”
BT MLA launches jobs drive
(CNS): Concerned about the number of college students returning home from university who, despite their qualifications, are not getting a foot into the door of the workforce, PPM Backbencher and Bodden Town representative Al Suckoo has launched an initiative to directly assist young Caymanians to find suitable jobs. Based on the many representations to him from college graduates, he believes that many are being denied work because they have no experience. Suckoo, who experienced the same thing himself in the past, said that one of the reasons he went into politics was because of the concerns he had about too many young people cast aside by employers and not given that opening chance.
Promising to lobby Cabinet and harass immigration until things change and there is a level playing field, Suckoo said he wants his young constituents who can’t find work to call or email him directly to book an appointment at the MLA’s office in Bodden Town and get the ball rolling on their future careers.
“I am taking the initiative to meet with our students and assist them because of the growing number of complaints from young people stating that they are not being given entry level opportunities when they make applications,” he told CNS. “A large number are unable to get interviews and when they do attend interviews they are told they have no experience.”
Suckoo said no one could convince him that this is a myth as he too has experienced it, despite his own credentials.
“I made representations to the previous government and pleaded with them to address it,” he said. “Many of our young people feel they have no representation within government and many point to the events of years gone by as evidence that they were not considered a vital part of our society. We cannot have the future of this country starting off their lives feeling as if they are not a key ingredient for a safe, prosperous and united Cayman Islands.”
Suckoo said government has a responsibility to the young people who have fulfilled their end of the bargain, received their qualifications and returned home to contribute positively to society.
“We have to ensure that our young people are able to transition to the labour force and I will continue tolobby Cabinet and harass the Immigration and labour boards and departments until the situation changes.”
Appointed as chair of a task force to review the new National Workforce Development Agency, Suckoo said that review is now in the final stages of examining the operations and policies of the agency and he said it will be presenting its recommendations to the government within a few weeks.
“The objective of the task force is to ensure that NWDA is able to fulfill its mandate as a workforce development agency and to ensure that the mandate given to the agency is realistic and achievable. I am confident, however, that the end result will be very positive and will assist in reducing the level of unemployment among Caymanians.”
He explained that with this jobs drive he will help graduates become clients of the NWDA but above all press government where necessary to remove some of the obstacles that these young people face.
Meanwhile, North Side MLA Ezzard Miller, who held a jobs drive at the end of last year to place some of his constituents in the posts held by workers holding term limit exemption permits, said that some had managed to find work but not all.
He told CNS that he will be organising a door to door assessment of his constituents' employment needs and will press employers holding permits to take on local people.
Pointing to one particular employer in his district, he said he was very concerned that the HR manager gave glowing reviews about how well several young North Siders interviewed but not one was given a job because the employer claimed to have no vacancies when they held at least eight work permits.
“This is unlawful,” he said, as he too made a commitment to ensure employers consider local workers for any existing post held by a work permit holder.
Miller said that this was one of the reasons why business staffing plans should be public so that local workers can see where permits are held and they can ensure they have the right experience and qualifications for the jobs that they would like to try out for.
The independent MLA also called on government to reveal the results of the job drive efforts and partnerships with the private sector, such as CITA and local recruitment agencies, that surrounded the immigration reforms last year as he asked what happened and how many unemployed Caymanians got work as a result.
To contact Al Suckoo for assistance finding work, college and university leavers are asked to call him on 943-7652, email: alvas@ppm.ky or stop by the BT PPM MLA office at 8 Homestead Crescent (Behind Wendy’s Savannah).
North Siders seeking work can contact Ezzard Miller during his office hours at the district's civic centre or email him at nsmla@candw.ky.
ESO report points to local growth in GDP
(CNS): While much of the wider community may still be feeling the fall out of years of economic hardship according to the latest report published by the Economics and Statistics Office at the end of last year Cayman’s economy was on the up in 2012. The Cayman Islands’ System of National Accounts Report 2012 which presents the economic performance of the various industries contributing to the country’s GDP found it grew by 1.4% as most industries posted economic growth. Finance minister Marco Archer said he was pleased to see 16 of the country’s 18 industries experienced growth above the 0.9 percent posted in 2011. “With this GDP growth, per capita GDP in current prices amounted to CI$45,896.40,” he said.
The financial and insurance services industry recorded growth of 1.5% in 2012, the strongest growth recorded since 2007, on the back of the expansions in insurance services (4.6%) and other financial services (2.9%). The other industries which performed strongly in 2012 are administrative & support services activities which consist mainly of security and car rental services (4.6%); manufacturing (4.0%); mining & quarrying (3.8%); and agriculture & fishing (2.9%), the report found.
The expansion in the domestic economy however was tempered by declines in electricity, gas & air conditioning supply at -1.1% and real estate activities at -0.1%.
Financial and Insurance Services maintained its position as the largest single contributor to real GDP in 2012 accounting for 42.1 percent of total GDP. The ranking of the industries in terms of contribution to GDP remained unchanged.
See full report below
Cop arrested for blackmail
(CNS): A 45-year-old police officer has been arrested for blackmail, the RCIPS said Thursday evening. According to an RCIPS spokesperson, the officer has been detained in custody after his arrest on suspicion of blackmail and breach of trust in contravention of the Penal Code and Anti-corruption Law respectively. The spokesperson said this was as a result of a joint investigation by the RCIPS Professional Standards Unit and the Anti-Corruption Unit but they have not yet stated when the alleged offence took place, where or in connection with what. The officer has, however, been suspended from duty. This is the second serving police officer arrested under the Anti-Corruption Law.
Elvis Kelsey Ebanks was charged with taking a bribe from a Filipino national in exchange for not arresting him for theft in 2012. The case against Ebanks (29), who denies soliciting the bribe, opened in Grand Court in November but was adjourned part way through when the judge dismissed the jury as a result of possible prejudice that may have occurred in the case. The trial is expected to re-open next month.
Women’s tourney kicks-off
(CNS): The Women’s U20 CONCACAF world cup qualifying tournament got underway Thursday as Guatemala faced off against Jamaica in the opening match, which ended in a no score draw. That was followed by a match between USA and Costa Rica, in which the current champions, the USA, won 6-0. The Cayman team takes to the pitch on Friday night against Mexico. More than a football tournament for Cayman, the contest represents another step in the goal of developing sports tourism. Cayman’s own Jeffrey Webb, CIFA and CONCACAF president, launched the tournament Thursday morning in which eight teams will be battling for one of three places up for grabs in the 2014 world cup competition in Canada. (Left: Cayman Islands team captain Brianna Hydes)
While the women’s game gets nothing like the recognition given to the men’s game around the world, Webb said women’s football has long been a source of pride for CONCACAF, especially as the United States has created a global model for success. On Thursday Webb confirmed the confederation’s continued commitment to women’s football, as he noted the consistently strong programmes also established by Canada and Mexico. Webb believes that the sport can continue to grow in the Caribbean and Central America.
“We must raise standards so that we keep challenging teams in women’s football,” he said. “This is how we progress and provide sustainability of programmes.”
Jamaica has demonstrated robust progress, hosting and finishing fourth at the 2013 CONCACAF Women’s Under-17 Championship. Many of the standouts from that team are on the Reggae Girlz’s current under-20 roster that kicked off the tournament at the Truman Bodden Sports Complex. Guatemala will participate in its third straight under-20 CONCACAF finals, a Central American record.
“The objective is to build exposure to women’s football in this region, so that a legacy remains,” Webb continued. “That’s why these competitions are so important.”
The United States is the only CONCACAF nation to qualify for every FIFA U-19/20 Women’s World Cup, but the FIFA vice president is confident that others can replicate that path.
“We have to invest in the game, particularly in the long term development of women’s football,” Webb added.
The CONCACAF Women’s Under-20 Championship, which runs January 9-19, will see the top three teams automatically qualify for the 2014 FIFA U-20 Women’s World Cup in Canada.
It presents a great opportunity for Cayman’s players because football scouts are on islands but the country will also benefit as the games will be televised across the countries involved in thetournament. More than 300 people, including players, coaches, officials, administrators, supporters and CONCACAF staff, are in Cayman for the contest, boosting the local economy. The Marriott, the Comfort Suites and the new Holiday Inn are housing the teams and associated delegates.
The tournament comes just a few months after Cayman hosted a truly successful U-15 Boys development tournament in August, in which more than 20 teams visited and took part.
With high hopes that Cayman’s women can make the semi-finals, getting a shot at one of the qualifying spots, organisers are urging everyone to go out and support the home team.
The TV schedule for the tournament is as follows but all games are at the Truman Bodden Sports Compex and entrance is free.
See CONCACAF website for details of all eight teams here and the full schedule and results here. TBSC will televise Thursday’s matches Guatemala v. Jamaica at 5pm and USA v. Costa Rica at 7:30pm and on Friday Honduras v Trinidad at 5pm and Cayman Islands v. Mexico at 7:30pm.
Biofluorescence discovery began in Little Cayman
(CNS): Scientists from the American Museum of Natural History have discovered that biofluorescence is widespread in the ocean and is particularly common in cryptically patterned and well camouflaged fish which live in coral-reefs. The researchers began this voyage of discovery after spotting a glowing eel on a reef in Little Cayman. The experts were filming fluorescent coral and gathering pictures for an exhibition but the fluorescent, green eel triggered a series of expeditions to the Caribbean and Pacific which led to the revelations that biofluorescence is widespread in fish and 180 species have now been counted that glow in the dark.
“Our findings identify a widespread and previously unrecognized evolutionary phenomenon that provides new insights into the evolution of marine fishes and the function of light and visual systems in a marine environment, as well as providing a framework for the discovery of additional novel fluorescent proteins,” the scientists involved in the work said in a report published on the specialist website the public library of science.
Most of the fish species the scientists identified are camouflaged, so they are nearly invisible to humans. But the researchers say they think that these species can probably see fluorescence easily so can see each other during meeting. Human divers can see it, but not very well unless they shine an intense blue light on the organisms, producing higher levels of fluorescence, as the divers did on the reef off Little Cayman.
A reasonable police force
Whether or not we refer to the local police as a force or a service, all of us need to know that when members of the RCIPS use force it is done so in a reasonable manner and lawfully. The police themselves are and must be subject to the rule of law. An unruly police force (or service) is equally as bad as runaway crime and the Cayman Islands is currently teetering on the brink of both.
At this stage the events of New Year’s Day following an armed hold-up at a George Town jewellery store, when Police Commissioner David Baines chased after the suspects in his truck, are not entirely clear. It is certain that the commissioner caused the suspected robbers to crash and then he struck at least one man with his vehicle after the suspects ran off from their immobilized car. It is also a fact that the man who was injured remains in hospital at present over a week later. We don’t know how badly he was injured or even if he was one of the men that got out of the getaway car.
While many are very supportive of the quick actions taken by Baines in apprehending the suspects, it is vital that a transparent and open investigation into what happened is made by an independent body to establish that what the commissioner did to stop the robbers was reasonable. Baines should know this too. As a long serving officer with decades of experience in the UK, he will be well aware that it is normal there and in most jurisdictions for an investigation to commence under such circumstances.
He may very well be found to have acted entirely lawfully, even heroically and befitting of his recent royal gong, but it would be wrong for the authorities not to properly examine and publicly explain what happened. It is perfectly reasonable for the public to ask if chasing men on foot with a large SUV is ‘reasonable’, especially when it appears that one man was run over and badly injured, even if Baines’ intention was merely to prevent their escape and not to hurt anyone.
Given that the premier in his role as home affairs minister now has a greater part to play in the administrative side of policing, calls from him for an open enquiry would carry significant weight. But so far the country's leader and his ministry have been quiet about the incident, as have all local officials questioned about the issue.
Just days after the senior cops’ actions, several police officers engaged in a high speed pursuit through the streets of George Town, when it appears at least three cars took off after a suspect who was wanted on a warrant for failing to turn up to court. The man was not a violent offender but charged with burglary. Yet, in the wake of their boss's actions, it seems that they too were encouraged to take after the suspect, careering through the streets at high speed, according to some accounts.
Now, without doubt the offender should not have torn off at such dangerous speeds and he should certainly not have commandeered another car, but the question has to be asked whether it was really necessary for three police cars to pursue the perpetrator, given that the police helicopter also had a lock on him, with the resulting damage to no less than seven cars, including the police vehicles.
The air support unit demonstrated on a previous occasion how effective it can be in tailing speeding getaway cars much more safely than a high speed car chase on the streets.
The police have already been found by the courts to have caused the death of one young man because of a high speed chase, and there have been other reports in recent years of the police running over people in the process of an arrest. A police officer was also sacked after he was convicted of breaking a man’s arm during an arrest, although he was recently acquitted by the Court of Appeal.
More often than not the victims of police abuse, or misuse of their powers, are not in a position to do much about it. Lawyers are expensive and most victims are petty offenders with low education levels who do not have the wherewithal to take legal action.
Crime continues to plague Cayman, even though the authorities lock up a significant number of people, placing the jurisdiction close to the top of the world’s list for per capita rate of inmates. There is no doubt that the community is calling for action as the police struggle to keep a lid on violent crime in particular. But this does not mean that the police can bend the law or exceed their powers as a result.
Neither prison nor the increasing amounts of legislation that undermine civil liberties seem to have had much effect on the local crime rate, but nor will a police service that thinks it is above the law. The causes of crime are exceptionally complex and Cayman is paying the price now for many years of neglect of the social and economic factors that have produced a generation of criminals.
Many have scant regard for law and order and others simply cannot function in normal society because of the neglect and systematic abuse in their past.
The police are not to blame for crime but they do have a part to play in reducing it. Critical to good policing, especially policing by consent as is the norm in any democracy, is the community’s trust in the police service’s integrity. It can certainly be argued that, at present, trust in the RCIPS is very limited.
The fact that at least three men were prepared to hold up a jewellery store in broad daylight on a busy cruise ship day with hundreds of people around shows that either they simply believed they would not be caught or, more disturbingly, even if they were caught they would not be convicted.
And it is here where the trouble lies for the police.
A combination of poor communication with and lack of understanding about the complexities of Cayman society by many officers, the poor management of evidence, competency levels and training, as well as the failure of the Office of the Director of Public Prosecutions to direct the police when there are problems with cases, has, among other issues, led to a number of collapsed trials and acquittals by the Court of Appeal.
What the RCIPS needs to do is build the trust of the public, train its officers and answer the community’s continuous and loud calls for police on the street and on their feet — not in their cars. The RCIPS needs to be in a position to collect genuine witness evidence and make better use of technological, scientific and forensic evidence to support cases going through the courts.
Safe convictions of perpetrators get the right people off the streets and send a message to others, but when the criminals believe that the police are not capable of steering cases to conviction and when they know the broader community does not trust them for a catalogue of reasons, the police will continue to fail in their struggle to fight crime. Unlawful action by the police will not help; it will only make a bad situation worse.
If the actions of the police commissioner on New Year’s Day are not properly and openly examined, the message that will be sent to the rank and file of the RCIPS and the local criminals does not bode well for the future of crime management in Cayman.
Tri-Championship kicks off Saturday
CRFU): With the holiday season over and 2013 all but a distant memory the Cayman Islands Rugby Football Union can focus on yet another action packed domestic Rugby season which kicks off this weekend with the start of the Alex Alexander Memorial Trophy competition.The Alex Alexander Trophy Memorial competition runs over 6 weekends from January ending in March before leading to the DART Vase knockout competition which runs over 2 weekends in March and April. Photo Caroline Deegan:
John Doak Architecture Iguanas are the current Alex Alexander Memorial Trophy Champions.
The Heineken Charity Shield which was decided back in December (and won by the John Doak Architecture Iguanas RFC over the previous holders the Advance Fire and Plumbing Buccaneers RFC) officially marks the start the Rugby XV’s season but the Premier, and most coveted trophy is the Alex Alexander Memorial.
The current holders of the Alexander Memorial are the Iguanas RFC but the Buccaneers, Queensgate Pigs Trotters and Fidelity Bank Cayman Storm will be looking to unseat the current champs.
Winning the league is no easy feat as teams will suffer from injuries, absent players and of course hard hitting rugby and with an evenly balanced league it will be anyone’s guess as to who will march out to be early favorites.
Games are free to watch at the South Sound Rugby Ground or online at www.caymanrugbytv.com
Upcoming Fixtures on 11 January 2014
2pm: Advance Fire & Plumbing Buccaneers vs. Fidelity Bank Cayman Storm
4pm: Queensgate Pigs Trotters vs. John Doak Architecture Iguanas
BoR drives change to police power of detention
(CNS): Two legal challenges to the detention of suspects bypolice that saw the RCIPS falling foul of the Bill of Rights have resulted in major amendments to part of the Police Law (2010), which is scheduled to come before legislators when they meet later this month. The new bill will prevent police from detaining suspects arrested without a warrant for more than three days without the intervention of the courts. It will also require the arresting officers to justify and show evidence for detaining anyone they have in custody. The change makes the law more compatible with Cayman’s Bill of Rights, which requires that people who have been arrested on suspicion of a crime are brought promptly before the courts.
The law currently empowers police to detain suspects for up to 72 hours from the time of arrest when there is insufficient evidence to charge the person but where detention is necessary to complete an investigation. But it also allows a chief inspector or higher ranking officer to extend the detention for an additional 25-hour period before going to court.
However, in the case of Canute Nairne the courts found that the detention of the suspect for the fourth day was incompatible with the constitutional requirement of promptness in bringing detainees before the court.
In another case, which related to men arrested on suspicion of the Little Cayman robbery at the end of 2013, a local attorney drove the release of the suspects when he filed a writ of habeas corpus. As a result of what is understood to be a lack of evidence, the police released the men without the need for the legal hearing as it seems they were not in a position to legally justify continuing to hold the suspects.
With the courts finding in Nairne's favour and the obvious difficulty for the police in justifying the detention in the Little Cayman case, the incompatibility between the police law and the Constitution came into stark focus. As a result, under the Constitution, legislators must move quickly to alter the legislation to bring it in line with the Bill of Rights, which as part of the Constitution is a higher law. Therefore, the power to add on the additional day of custody by a senior officer will be repealed.
The amendments will also address and clarify the procedures police must follow when taking anyone into custody without a warrant. Custody officers will now be required to make periodic inquiries regarding the detention of suspects and allow the detained person to make oral representations regarding that detention. The custody sergeant must then record those representations and the grounds for the suspect's continued detention. The amendments also clarify how suspects who are in hospital or who require medical attention during their arrest should be treated.
James Stenning, the local attorney who filed the habeas corpus writ in the Little Cayman case, said he welcomed the proposed revisions to the Police Law (2010) but lamented the missed chance to modernise the legislation even further.
“The amendments appear to attempt to contribute to ensuring that the state, which includes the RCIPS as an agent of the same, is in compliance with our Constitution’s Bill of Rights. This observed, I fear the real impact of any amendments to the police law may well be lost … until law enforcement agencies appreciate the necessity at a senior management level to invest in ensuring observance of these proposed changes to the law, as well as residents' legal rights generally,” he said.
Stenning said the proposed changes were a step forward but Cayman had missed the opportunity to adopt the majority of the Police and Criminal Evidence Act 1984, known as “PACE” within the UK, as Cayman’s police law.
“In my mind, including some of my colleagues, the rhetorical question remains: why are we reinventing the wheel?” Stenning asked. “Many of our local police officers, prosecutors and defence attorneys are familiar with PACE. There is a plethora of case law available to aid its interpretation and application in numerous, and sometimes novel, circumstances. If PACE were adopted as our police law, it would allow us to avoid, or at least reduce, the expense (often on the limited Legal Aid budget) of re-arguing points that have already been determined over the last 30 years.”
He also said that the adoption of PACE would ensure less declarations of incompatibility with the Constitution’s Bill of Rights, given that potential issues are highly likely to have been encountered and addressed by the UK courts already, as PACE’s compatibility has been considered against the UK’s Human Rights Act 1998 over the past 16 years.
The changes to the law will not prevent the police from detaining genuine suspects but it will ensure that every step of the way the detention is properly justified and recorded and that the courts are involved at the earliest opportunity to confirm the legality of any arrest.