Lawyer argues no jail for cop
(CNS): During submissions at the sentencing hearing Thursday for former RCIPS officer Elvis Ebanks, who was convicted in May of two counts of bribery and two counts of breach of trust, defence attorney Laurence Aiolfi proposed a suspended sentence, asking Justice Charles Quin to consider the impact of a custodial sentence on Ebanks, saying he would “run the risks a police officer inevitably does serving time in prison”, pointing to the concerns that would raise and the everyday fears he would face. Aiolfi also asked that the judge take into account the impact on Ebanks’ family, his past good character and record of service. Justice Quin set 24 July for his decision but did tell the court that a “custodial sentence is inevitable”.
Ebanks was convicted of asking for a bribe of more than CI$500 not to pursue a criminal case against a Filipino national who was suspected of stealing a phone. Ebanks is the first public official convicted under the anti-corruption law.
Offering examples of similar cases in the UK, defence attorney argued for a relatively short starting sentence with the possibility of suspending any tariff.
In one of the cases Aiolfi referenced where the “facts are more serious”, the convicted policeman undertook a “course of conduct over 12 months” which was done so for personal gain. The two-year sentence in that case, following a trial, is an “indicator of a level of sentence for a more serious offence,” he said.
Aiolfi then cited a case he suggested was closer on its facts to Ebanks, which involved an inspector and thus a higher-ranking officer who would be in a higher position of trust. This inspector helped two people avoid prosecution though did not do it for monetary gain like Ebanks. His 12-month sentence was reduced to six months.
He also spoke of a court clerk in the UK who was convicted of bribery in 2011 for helping 53 traffic offenders avoid fines and disqualifications. He was originally sentenced to six years, which was later reduced to four years.
Aiolfi said that in these previous cases, the offences were more serious than that of his client, so those sentences should be greater.
Acknowledging that his client was aware that an immediate custodial sentence is right according to the sentencing guidelines, the attorney said that Justice Quin “does have the power to suspend the sentence, once he determines the level of the sentence”.
Citing a past case, Aiolfi added that a suspended sentence is appropriate if there is no risk of re-offending. To that Justice Quin said that he never liked that argument, finding it "unattractive" to contend that a suspended sentence indicates an unlikeliness to reoffend.*
Calling a custodial sentence “inevitable” and setting 24 July for his ruling on sentencing, Justice Quin said he would consider everything including the social inquiry report, references and case law.
Aiolfi also told the court that an appeal against conviction had been submitted.
While the Court of Appeal is expected to sit in Cayman in August, it was unclear if Ebanks’ case could be heard at that time.
It was agreed that Ebanks could remain on the same conditions of bail until sentencing — an 8pm-6am home curfew and a $5,000 bond, along with two $10,000 sureties.
CNS: * This sentence has been amended.
Category: Crime
Sorry. He is no longer a police officer and obviously wasn't . If he was a police officer he wouldn't be a CONVICTED criminal today.
If he's worried by the 'risks' police officers face in prison, why commit the crimes? Consistent sentencing is the only way the legal system can work, if cops or 'famous' people get a lower sentence because of thier status then what is the point of the legal system?
They may take his life. I know these prisoners. Once they see an officer amongst them become like them, they hate it very much. Unless he bows down to them and get initiatied into their clan. But other than that, Elvis was a tough cop and I think their will be some who will love to put their hands on him.
This sentencing will be the precedent benchmark for future cases. If it is not done right, then this law is not worth the paper it is written on.
Sum ting is bery wong here.
Past good character?! Just saying that someone has good character does not make it so.
When the place I work was robbed we had the joy of being assigned this person to handle the investigation. Let's just say that there was NO investigation. It was a complete and utter waste of our time. Lost reports, inability to find the person responsible despite knowing the name and workplace and home address of the person.
It was a joke from beginning to end. I guess something might have been done had a bribe been offered.
THE FORMER DIRECTOR OF THE CAYMAN ISLANDS LONDON OFFICE OFFICE, LORD BLENCATHRA, WAS FOUND TO HAVE BROKEN THE RULES BY LOBBYING PARIAMENT AND MP'S BY THE COMMISSIONER FOR STANDERS IN THE UK'S HOUSE OF LORD'S AND HAS BEEN ORDERED TO APOLOGISE AND YET THEY WANT TO JAIL THIS YOUNG MAN THAT JUST GOES TO SHOW HOW UNFAIR THIS WORLD IS AND WHAT GOING ON. WRONG IS WRONG AN IF HE IS GIVEN TIME THE BIG SHOUL GET TIME TOO.
Send him to jail! he’s no different than=common criminal! If he don’t he’ll be setting an example that the system is flawed & only selected people go to jail! Gt voter
i am sure justice Quinn will make an example for anyone else contemplating similar behavior.
All cops can take bribes as they know if they get caught, they will not serve any jail ttime as they my get beat up in prison. They will also be put on paid leave for some years and then sue the
CIG for millions…….where is the down side? Where is the deterrent?
Seriously, book this guy into Nortward for 3 – 5 yrs. Black eyes aside.
Must be a money tree right in the neighborhood???????? yes the corruption never ends this little place .
Four trials and now an appeal someone sure has alot of money to spend on this little lesson in futility I guess he feels he is too good to go to prison too Good character just like his Papa!
Elvis was worried he would not be lonesome at night.