Catron’s misuse of information case to be reviewed

Sandra Catron, the well known Cayman Islands activist, is still not sure whether the charges against her for misuse of information communications technology offences will be proceeded with by the Crown.

When Grand Court Justice Alex Henderson reviewed the warrant issued last year against Ms Catron’s home and vehicle, in a judicial review application earlier this month, he deemed them unlawful.

Louis M. Ebanks, the Justice of the Peace who signed the warrant, failed to record the statement of the police officer who had sought the warrant and there had been no oath taking that was statutory precondition” under the criminal code.

Henderson also said there were other deficiencies in the warrant application process that could lead to a damages claim against the government by Ms Catron.

The Crown will be back in court to review the case against her on June 27^th 2013.

Cayman Bar Association elects new council

The Annual General Meeting of the Caymanian Bar Association was held on 4 March 2013, which elected a New Council for 2013-14:

Dale Crowley             President, Maples and Calder

Abraham Thoppil      Vice President, Maples and Calder

Nick Joseph                Secretary, HSM Chambers

Brett Basdeo              Treasurer, Maples and Calder

Nick Rogers                Council Member, Ogier

Neil Timms QC           Council Member, Neil Timms QC

Anna Goubault          Council Member, Maples and Calder

Martin Davies                        Council Member, Walkers

WB woman files lawsuit against supermarket for injuries

Jann Smith, a West Bay woman, is suing Foster’s Supermarket for injuries she claims she suffered from slipping in a pool of water on the floor of the supermarket by a freezer.

According to a suit filed by Smith’s lawyers, Hampson and Company, at around 9:30 in the morning on 13 May 2010 she was shopping for groceries at the supermarket and walking in a careful manner when suddenly and without warning she slipped in a pool of water and/or ice on the floor in front of a freezer containing bags of ice, falling backwards and landing heavily on her lower back and buttocks, injuring her low back.

“The presence of water and/or ice on the floor represented an unusual danger to the Plaintiff of which she was unaware and a breach of the Defendant’s duty of care to ensure that the Supermarket and its operation and activities, were reasonably safe.”

No warning had been provide by the store of the water spill.

Smith was taken to the George Town Hospital emergency department for treatment to her back. She claims she is now unable to walk and suffers debilitating pain as a result of the back injury she has sustained and is asking the courts to award her medical costs, loss of earnings, legal fees and compensation of a sum of $250,000.

Wheelabrator local partner files lawsuit that head office denies

Purported local Wheelabrator partner, Peter Campbell, has filed a law suit against Her Majesty Queen Elizabeth II, Cayman Islands Attorney General Sam Bulgin, the Minister of District Administration, Kearney Gomez, and Cayman Islands Premier, McKeeva Bush.

Through local attorney H. Phillip Ebanks, Campbell described as unlawful and unreasonable the decision to drop Wheelabrator who had an approved proposal to clear the George Town Landfill that was dropped in favour of Dart Group, asking the court to re-tender the multimillion-dollar 25-year waste-management project, and award appropriate damages.

According to an article in the Caymanian Compass, the New Hampshire-based Wheelabrator denied any local partnership with Mr. Campbell or that it had authorised any court action on its behalf.

Company spokesman Dave Tooley told the Caymanian Compass: “Wheelabrator is not party to, nor have we authorised, any application for judicial review or any other legal action related to this matter.

“Although Wheelabrator held discussions with Mr. Campbell in 2011 regarding a potential contractual relationship, no agreement was ever reached and no partnership exists,” he said.

Wrongful arrest and imprisonment suit filed

Chris Stephen Conolly, who was accused last year of breaking into a home, tying up an underage girl and raping her, has filed a lawsuit against the Cayman Islands government after the Royal Cayman Islands Police Service (RCIPS) dropped the case against him.

The writ of summons alleges the RCIPS wrongfully arrested Mr. Conolly on 29^th  March, 2012, when the police had obtained evidence demonstrating the alleged victim, an 8-year-old girl’s account to be false. The daughter’s mother had told a completely different story. Also two medical examinations given to the alleged victim at Cayman Islands Hospital showed that vaginal penetration had not occurred and, upon the second examination, that “no trauma had occurred”.

Despite this Conolly was arrested on 29 March, 2012 and taken to George Town Police Station. “Acting on the instructions of the office of the Director of Public Prosecutions,” the writ states that the police officer investigating the case “maliciously and without reasonable and probable cause, charged [Conolly] with burglary … and threatening violence.”

Mr. Conolly was imprisoned for five days and held on court bail until early September 2012 in connection with the investigation and the writ seeks damages for this.

Conolly was “wrongly imprisoned” between 29 March, 2012, and 3 April, 2012, when he was granted bail by a magistrate, subject to curfew conditions, which included “exclusion from East End”.

Conolly was therefore unable to continue his East End gardening business, and lost considerable custom.

According to the lawsuit the 8 year old girl admitted, during a forensic interview conducted on 23 August, 2012, she lied in her initial complaint to police.