iNews Briefs
Retrial for bread roll fraud
The Cayman Islands Court of Appeal has quashed the conviction of Dave Bryan (48) who was sentenced in April 2012 to spend five years in jail by Justice Charles Quin.
Bryan was found guilty of defrauding Foster’s Food Fair of over $300,000 over a bread roll swindle and one year for the signature fraud that involved Cayman Islands Development Bank. Judge Quin gave Bryan a further 12 months over a guilty plea for a charge of cheque kiting to run concurrently with the other terms.
However, his sentence was set aside by the appeal court panel when they found that Judge Quin should have been told the crown’s key witness had cut a deal to avoid prosecution and that evidence which was admitted should not have been.
The Court of Appeal did not acquit Bryan who was the business partner of MLA Bernie Bush at the West Bay-based Cayman Bakery, but quashed the guilty verdict sending it back to the Grand Court to be heard all over again.
“It is impossible this verdict can be regarded as safe,” Sir John Chadwick, President of the Appeal Court announced as he dismissed the idea advanced by crown counsel, Michael Snape, that the rest of the evidence was overwhelming and therefore the conviction should stick. Sir John said Bryan “did not receive a fair trial,” and allowed the appeal on first count on which Bryan was convicted.
Ex-policeman’s appeal for conviction postponed
Rabe Welcome (39), who was found guilty by jury in June 2012 for using excessive force during an arrest in the early morning hours at a George Town gas station four years ago, has had his appeal against the conviction postponed until November.
Welcome had been sentenced to six months in prison in September 2012 but spent only a few days in jail after filing his appeal and being re-bailed.
Following his conviction Welcome was dismissed from the Royal Cayman Islands Police Service.
The ex-policeman told the appeal court on Monday (29) he was seeking the services of a QC to present his appeal. He asked for his hearing to be postponed until the next Cayman Islands Court of Appeal sitting and this was granted.
Welcome broke an arm and caused other injuries to Adolphus Myrie after an altercation between him and Myrie when he was off duty. Myrie had over-reacted to insults that Welcome purportedly had made with two other off duty cops to Myrie’s girlfriend. Myrie had threatened the police officers with a machete but even though Myrie had put the machete down Welcome continued assaulting Myrie whilst trying to arrest him.
Public Holidays for 2014 Confirmed
The Deputy Governor’s office has confirmed Monday, 16th June 2014 as the official public holiday in the Cayman Islands for the Queen’s Birthday in 2014.
The official final list of public holidays for 2014 is:
Wednesday, 1 January – New Year’s Day
Monday, 27 January – National Heroes Day
Wednesday, 5 March – Ash Wednesday
Friday, 18 April – Good Friday
Monday, 21 April – Easter Monday
Monday, 19 May – Discovery Day
Monday, 16 June – Queen’s Birthday
Monday, 7 July – Constitution Day
Monday, 10 November – Remembrance Day
Thursday, 25 December – Christmas Day
Friday, 26 December – Boxing Day.
Joey Ebanks theft and drug charges reset
Former electricity regulator chief Joey Ebanks was in Summary Court this week where his several theft charges and two drugs-related charges were reset for 3rd September in Summary Court.
Ebanks’ other charges relating to alleged dishonest acts while he was managing director of the Electricity Regulatory Authority is scheduled for mid-2014 in Cayman’s Grand Court
Man who raped six-year-old child loses appeal
The Cayman Islands Court of Appeal turned down the appeal of a 30 year old man who received a sixteen-year sentence for the rape and sexual assault of a six-year- old girl.
The appeal was against the sentence the man’s attorney claimed was excessive.
In dismissing the appeal, Sir John Chadwick, President of the Appeal Court, said, “We find it impossible to say that the sixteen year sentence imposed by the judge was excessive.” He also said the judge could have started at 15 years and added more time for the aggravating features.
Deception admitted in accident case
Cherry Scott-Fedricks pleaded guilty on Monday (22) to obtaining property by deception when she received $5,460 by falsely representing to Brit-Cay insurance company that she had been involved in a traffic accident at the junction of Smith Road and Huldah Avenue.
In 2011, the vehicle, insured with Brit-Cay, was involved in an accident driven by Scott-Fedricks daughter, who was not covered by the insurance company.
Scott-Fedricks submitted an accident report form she had signed claiming she was the driver at the time of the accident and not her daughter.
The insurance company paid up the claim to the repair company and the deception was only realised after the other party also sought compensation from Brit-Cay. It was then disclosed that it was the daughter that was driving.
The matter was referred to the police after Scott-Fedricks had reneged on an arrangement she had made with Brit-Cay to pay the $5,460 back.
Magistrate Valdis Foldats, after hearing that arrangements had been made again to reimburse the insurance company, and accepting Scott-Fredericks had immediately admitted to the deception imposed a term of 12 months imprisonment. The magistrate suspended it placing Scott-Fredericks under supervision with an order to perform 40 hours community service.
