First corruption conviction attracts 9 month sentence
(CNS): A civilian employee of the RCIPS has escaped going to jail in the first ever corruption case in the Cayman Islands. Patricia Webster pleaded guilty to two counts of misconduct in a public office following an investigation by the Anti-Corruption Commission. Justice Charles Quin handed down a nine month jail sentence on Thursday but suspended the sentence for 12 months because of a significant number of mitigating circumstances, despite the seriousness of the crime. The judge found that Webster was foolish and naive but had not received any pecuniary gain from her crime when she gave out confidential information to a friend.
Webster was employed at George Town police station as a receptionist but she still held a position in public office and was charged in October 2011 for misusing the police and immigration data systems. According to the crown's case, in the first count between April and August of that year she made extensive searches of the confidential databases and solicited information in an effort to find out if a friend was the subject of a police investigation and if there was a stop notice on him coming into Cayman as he was at the time overseas.
The police staffer was, however, unable to find out if her friend was under investigation and as a result was never able to pass anything on to him.
The second charge related to a search on behalf of a former RCIPS employee who wanted another friend’s phone number, which she obtained and passed it on.
When she was interviewed by the police, Webster admitted making the database searches but said she did not believe she had done anything wrong as she was merely trying to help friends. However, the importance of protecting and keeping information confidential was part of Webster’s job description and the RCIPS’ employee code of conduct and was raised in regular staff meetings.
As a result of what was considered a serious crime, even though it was committed for foolish rather than selfish reasons, Justice Quin said the crimes warranted a custodial sentence of nine months for each count, to run concurrently since the crimes were at the lower end of the scale.
“Where someone abuses their position of trust, the court must of necessity consider an immediate prison sentence,” the judge said. “Whilst not in any way minimizing the seriousness of these two offences, I find that theyare at the very lower end of the scale. The sole motive for both offences was to help a friend and not to help herself. The defendant was extremely foolish and obviously did not consider or anticipate the serious consequences of her actions.”
Justice Quin suspended the sentence for one year because there was no criminal intent on Webster’s part, she did not receive or ask for any benefit in return, there was no third party determent, she admitted her crime quickly and pleaded guilty, she has clean record and is the sole provider for her two children.
“The defendant was naive in the extreme in both cases,” the judge said, as he pointed out that she had done a friend a favour without considering the strict rules about confidentiality.
“Because the defendant had no criminal intent in carrying out her actions she did not stop to think that there could still be consequences for what she was doing,” the judge said.
After passing his sentence, he pointed out that it was still a sentence of imprisonment which would be on Webster’s record, and should she commit any offence during the 12 months she would be liable to go immediately to jail.
Webster has been on required leave since September 2011 and the police confirmed Friday that steps were being taken in line with Public Service Management Law policies, to terminate her employment with the RCIPS but she will remain on required leave until the process is complete
Despite the widespread corruption believed to be taking place in Cayman in high places, the first corruption conviction was of someone who thought they were being helpful and gained no personal benefit from the action.
However, David Baines, the police commissioner and chairman of the Anti-Corruption Commission, pointed out that corruption takes place at all levels and that anyone in public office who abuses their position of trust will be looking at jail time. In addition, the senior officer said he believed this would be the first of many convictions.
“Yesterday’s successful conviction underlines the serious nature of the charges, as well as the continued determination of the RCIPS, the ACC and the DPP’s office to vigorously investigate and prosecute those who misuse their position in public office for corrupt purposes,” Baines said.
“Much has been said in the media of late about corruption in high levels – this case proves that corruption can take place at any level within our society. I would urge anyone who has information about corrupt practices to come forward and contact us. I would also warn anyone who might be tempted to misuse their position to take the news of this conviction very seriously, because there is little doubt that this is the first of many to come,” he added.
Category: Crime
Ignorance of the law, is no defense.
Well at least she will be remembered in history.
Patricia was one of those persons who was a burden on the public purse. She always looked unkept and was always lazy and late. There are many more persons where she use to work that needs to be caught.
For your information obviously you don't know her very well as she was also on time and neat, she was a very helpful individual went beyond to help people. So can you all leave her alone and pray to God that you all don't fall into a bad situation as it can happen to anyone of us
This needs jail. Pathetic.
Maybe Baines should have a look at McKeeva's facebook page to see if anyone working at the RCIP is posting comments. That is just as bad if you want my opinion.
It really isn't.
Very well done Mr Baines on catching a little fish, while the many big fish swim away
Suspended sentence would be a more appropriate headline.
Until people start going to jail for corruption it will be considered a joke in the Cayman Islands.
NAIVE-having or showing a lack of experience, judgment, or information; credulous; no formal training or technique. Obviously, she had none, how was she hired in the first place? "importance of protecting and keeping information confidential was part of Webster’s job description and the RCIPS’ employee code of conduct and was raised in regular staff meetings." Obviously many RCIPS employees have no idea what that means even though they attended "regular staff meetings". Don't they have to pass annual knowledge tests and sign confidentiality agreements? We do it annually- confidentiality, independence,conflict of interest, etc..
Will be interesting to see if the "position of trust" that has been abused in a way more horrible and criminal way, will receive an immediate custodial sentence.
Basically, how I see it is that she was helping someone circumvent the law by searching to see if someone was part of a police investigation. For that she should be jailed. That was intent to aid and abet a fugitive.
I know her personally and its good for her. There are many more junior and supervisors in there who needs to be caught. Its good for her!!!…lol. she lucky she only got 9 months.
You are so heartless this girl was used as a scap goat while the real culprits are free obviously you don't know her personally cause if you did you would have known the real truth about this story
It is sad to see that such an intelligent, young lady, got caught up in trying to help a friend and got charged for it. But the law is the law!! I am happy to see however that the judge had leniency on her and gave her a suspended sentence, seeing it was not for personal gain. Soliciting information from police and immigration records, to pass on to anyone who is not authorized to have this information is a serious crime.
“Where someone abuses their position of trust, the court must of necessity consider an immediate prison sentence,” the judge said. “Whilst not in any way minimizing the seriousness of these two offences, I find that they are at the very lower end of the scale. The sole motive for both offences was to help a friend and not to help herself. The defendant was extremely foolish and obviously did not consider or anticipate the serious consequences of her actions.”
Now this is the first corruption case to be tried in Grand Cayman, a bit late to start ,but better than never. What about the others that have been charged with corruption? What about those that have been charged and did it for personal gains? I pray that Justice Charles Quin do reside over the future corruption cases and that punishment will be handed down accordingly. “Where someone abuses their position of trust, the court must of necessity consider an immediate prison sentence,” the judge said. How about a year for every charge of corruption to run concurrently? I think this will be a fair and just sentence!! Oh, but I forgot, that will eliminate a few politicians from our arena. I do hope that I can be proud of the justice system, when the high rollers go to court and have their day!!
This weak sentence sends completely the wrong message. This sort of dishonest activity by a public officer should always result in some time in jail.
A disgrace. Corruption should always mean jail.
Such a crime could have been dealt with administratively, relieving her of her job instead of going to court. We have people commiting worse and nothing happens to them.
Corruption at the levels seen in higher government today no doubt started at a much more junior level by the same people many years ago and continued because it was brushed under the carpet at the time, so the culture was to continue as everyone got away with it. Only with a zero tolerance policy for ALL personnel will corruption be stamped out for the future. It is down to the police and judicial system to clean up this country and for individuals to start playing it straight and realise that cronyism and backhanders are not a 'right'.