The following is a letter we have received written by ex-Member of the Legislative Assembly who during his tenure was a government minister, Dr. Frank McField.

The letter is written to Honorable Chief Justice of the Cayman Islands, Anthony Smellie, concerning an incident at a George Town restaurant he owned (El Caboose) back in May of last year.

In his letter he complains property belonging to him that he says was illegally confiscated by the police has not been returned and Magistrate Kristy Gunn,” spoke and shouted at me in a manner which was very disrespectful during her questioning my honesty and integrity.”

Dr. Frank McField’s complete letter to the Chief Justice follows.

However, Dr McField has said, “Since writing to the CJ I have discovered that there is nothing in the law that prevents evidence seized unlawfully being used against a defendant.”

LETTER TO CHIEF JUSTICE FROM DR. FRANK MCFIELD JP

The Honorable Chief Justice of the Cayman Islands

George Town, Grand Cayman

August 29th, 2013

 

Dr. Frank McField, JP

94 Abbey Way, Red Bay

Grand Cayman, Cayman Islands,

P. O. Box 10557

BY HAND

IN A MATTER RELATING TO CHARGE N0. 04776/2012

My Lord;

It is with great consternation what I bring an issue to your attention:

On August 28,  2013 I appeared before Honorable Magistrate Kristy Gunn in the role of Mackenzie friend to Silvana Lewis a defendant  charged with () Assault causing actual bodily harm, (2) permitting use of premises for music and dancing out of the permitted hours

These charges arise from an incident which took place at my restaurant El Caboose in George Town on the early morning of Sunday May 20th, 2012 which first involved me as 2nd defendant charged with obstruction of police and resisting arrest. At the close of the prosecution’s case I made a no case to answer submission as did Ms. Lewis. My application was accepted by the Honorable Magistrate Gunn and charges against me were dismissed while two charges against Ms. Lewis were continued.

This decision I find to be irreconcilable with the decision of the magistrate that the police had no lawful authority to seize the items which it is alleged Ms. Lewis sought to protect and that therefore the arrest was unlawful and the charge of obstruction of police and resisting could not be upheld.  In would appear at least in logic that the assault had to be a part of the act of resisting since resisting is a physical act. Thus, the assault must be considered also as the defendant lawful right to resist unlawful arrest and injury to her dignity, liberty and health. This being as it may my sole reason for mentioning it is because there was a joint trail of me and Ms. Lewis, and the same evidence has been used to prosecute of us.

In July 7th, 2013 I wrote the Clerk of Court requesting that the Honorable Magistrate provide me with the reasons for her judgment in this matter. I stated: “these documents are needed in order for my attorneys to investigate the possibility of a lawsuit against the RCIP and the DPP”.  Since then I have attended the Court’s offices asking for a reply but until now I have not receive an answer to my humble request,  although Ms. Lewis has long been provided with her copy of the magistrate’s judgment.

The Commissioner of the RCIP launched an investigation into the conduct of his officers involved in the incident of the 20th May 2012, and the Professional Standard’s Unit is still awaiting the files in my case and have as yet been provided with none of this crucial information. If it is true that justice delayed is justice denied then the delay in my being able to obtain justice by complaining to the Commissioner of Police, because I cannot have access to the necessary evidence to bring my case before him or the court; then whether the prosecutions needs or those of the court are based on sound reasoning, I am nevertheless being denied justice.

I also have reasons to believe that the Honorable Magistrate may not have been completely objective yesterday 28 September when she ordered me from the public gallery of the court to question me in regards to my leaving the public gallery to go outside her court. Further, she may regard my efforts to assist the defendant Ms. Lewis as an inconvenience to the trial or as actual or potential obstruction or interference with the course of justice. This could be a result of a bias towards the crown and the police since my understanding are that the Honorable Magistrate may have had the experience of being on that side of the justice fence and may perceive me as a person of questionable character.

I gave as my explanation which is true than I had a bad cough and did not want to give the court the impression that I was coughing to gain the attention of the defendant Ms. Lewis since I had not been seated at the bar as the McKenzie friend of the defendant was entitled to be.

The Honorable Magistrate seem not to have accepted the truth of my explanation for my reasons for leaving the public gallery thus proceeded to expel me from the courtroom and immediately called each of the two defendant’s witnesses waiting on the outside in order to question them.

Neither of these witnesses had been summoned to court and it is my understanding that they could have left at any time.  However, they appeared before the Honorable Magistrate and provided her with answers to her questions concerning my conversation with them.

I tried to find out from the Honorable Magistrate why I was called to the dock to be question and if any allegations had been made against me. My grave concern is that the Honorable Magistrate Gunn spoke and shouted at me in a manner which was very disrespectful during her questioning my honesty and integrity.  I suspect I am not entitled to any special considerations in a court since I cannot appear before any court as a member of the Bar or the legal fraternity, nevertheless I am a Justice of the Peace of the Cayman Islands and as such should not have been treated by a Magistrate of this jurisdiction as if I was a common criminal.

It might be widely believed that I have a chip on my shoulder but I have and will always be offended especially when person’s in power demand respect but refuse to show that same respect when dealing with me. I too once carried the title of Honorable and that should be public knowledge even to the Honorable Magistrate who is not from this jurisdiction.

My humiliation by the Honorable Magistrate was witnessed by the defendant Ms. Lewis, Ms. Looban Jackson appearing for the Crown as well as a reporter from the Caymanian Compass. I have no idea what the press might report on this matter, but I felt compelled to bring the occurrence to my Lord’s attention since it has been widely published that Your Lordship wishes that all citizens of this colony pay particular attention to now they may go about criticizing members of the Judiciary in public.

My Lord it is my reasonable assumption that since the Honorable Magistrate had ruled that the seizure of music equipment from by premises by the police on the morning of May 20th, 2012 was not lawful, that these items should have been returned to me, since until such time they have been illegally misappropriated. Further, that the exclusionary rule prevents these items being used as evidence and the Honorable Magistrate continues to withhold these items  and for the prosecution to use them as evidence in the trial of Ms. Lewis in the charge of permitting the playing of music and dancing outside of the permitted hours.

I trust that Your Lordship will be aware of the great reservations many of us subjects are beginning to develop towards many of the individuals from outside our traditional cultural and racial orbit.  As a political activist and student of Caribbean history and politics I have always maintained that colonialism benign or not maintain a deceitful racial character which distorts the senses of justice of a people and a nation. Therefore, it is my solemn responsibility to bring these matters to your Lordship’s attention and that of concern citizens of this colony.

I certainly, do not desire any fight with any court but I also have my dignity which if not important to the Honorable Magistrate, is sacred to me. I am already involved with issues with the police and I do not feel able to at this time have my life further stumped upon my the Honorable Magistrate Gunn, whether her reasons be a dislike for me personally which clouds her judgment, or my inability to accept that in certain situation I have no freedom to speech as I feel is reasonable and respectful.

The actions of the Honorable Magistrate Kristy Gunn on the 28th of August 2013 may have amounted to beginning a trail within a trial and may have resulted in frightening and intimidating the defendant Ms. Lewis’ witnesses to the extent of now preventing her from having a fair trial.

I understand from the defendant Ms. Lewis that the Honorable Magistrate Gunn announced in my absence as a McKenzie friend to Ms. Lewis that it is her intention to withdrawn herself from further hearing this matter. I feel I should also withdraw my assistance to the defendant as a McKenzie friend and the defendant will now be represented by A Steve McField and associates. But it is my submission that the case against Ms. Lewis should have been dismissed since a fair trial of the facts may no longer be possible if begun with the same prosecutor appearing for the crown.

I have therefore brought this matter to the attention of Your Lordship because the Honorable Magistrate’s lack of response to my application for her written judgment may affect my rights to bring before the civil courts the matter of being unlawfully and brutally arrested by the police on the morning of May 20^th, 2012 with the statue of limitation.

Additionally, I cannot financially afford having to again provide for my defense in any accusation arising out of my disagreement with the Honorable magistrate. And because the defendant Ms. Lewis deserved to have had at all times assistance while before the court especially since her nature tongue is not English and this she was not afforded yesterday.

If I have brought an issue to the attention of Your Lordship which is outside Your Lordship’s jurisdiction I humbly ask to be pardon for my presumption.  However, I will also be making a complaint if allowed to the Complaints Commission by way of a copy of this letter.

The basis of my complaint is that I am being unlawfully and unconstitutionally deprived by the courts and in particular the Honorable Magistrate Kristy Gunn, the DPP and the RICP of property unlawfully taken from my possession on the morning of May 20^th, 2012, thereby depriving me of my human and constitutional rights to the quiet enjoyment of my personal possessions.

Yours Respectfully,

Dr. Frank McField, JP

cc: Complaints Commission