It was with some shock when I read Crown Court Justice Charles Quin’s comments he made at the end of the No Case Submission ruling last Tuesday (20) in Cayman Courts of Justice.

He said, “I note that there are seven (7) civilian witnesses named on the back of the Indictment – only two of whom have provided statements. This means that there are at least five other witnesses who know something about the events on the evening of the 24th August 2013 at 106 Powell Smith Drive, West Bay, and about the identity of the man known as the shooter. The Court has been told that the other witnesses are too frightened to come forward to give evidence about this shooting and, consequently, the shooter is not apprehended.

“The Courts have some sympathy for witnesses who have been intimated but people must have the courage to come forward with information about criminal activity. Somebody knows about the shooter and about the gun he used and it is absolutely vital that those knowing anything about this incident come forward and provide the police with this vital information to enable the police to apprehend the person or persons responsible for a very serious crime. The entire community must support the police to rid this country of the menace and danger of illegal firearms. Illegal firearms are a persistent problem, which, if continued unabated, will bring further fear and harm to the lives of law-abiding citizens who only wish for the return to peace for Grand Cayman.”

I never dreamed this could happen here in Cayman.

I have to endorse everything Justice Charles Quin said above and by the current actions of the witnesses by not speaking out it has sent a message not only to this particular gunman but also to other criminals.

Can you imagine Cayman’s society ruled by criminals through intimidation? Anarchy would be the result and all our homes would be prisons because we would all be afraid to walk outside.

In other countries lawmakers have bills that have elevated witness intimidation to a felony, quadrupled the maximum jail term and allowed limited testimony from intimidated or absent witnesses.

In Maryland USA, lawmakers have said witness intimidation is a problem not only there but also in all big-cities and is happening in up to 90 percent of their homicide prosecutions!

When Baltimore City State’s Attorney Patricia Jessamy tried to bring in her bill that allowed ‘hearsay exception’ it drew ire from defense attorneys concerned that their clients would lose their right to confront their accusers.

The hearsay exception was included in the bill, but only for statements that were made under oath, written and signed, or videotaped. In other words, if witnesses disappear before they are called to testify at a trial, a prior statement that they made to a police officer could be introduced into evidence, if it could be proven that their disappearance was a result of wrongdoing by the defendant. A prior statement that a witness made to a friend, however, could not be admitted.

“You have to work with the rules of evidence,” says Lynn McLain, a University of Baltimore law school professor who supports a hearsay exception. “You want to give a fair trial to the defendant but you also don’t want to give a payoff for witness intimidation.”

Witness protection in Cayman is a problem and can be life changing for those who become part of the programme. It is also very expensive for the government and persons are suspicious of its complete secrecy.

I believe a hearsay exception bill should be enacted when witnesses are intimidated and frightened and the sentences should be quadrupled for the maximum jail term allowed.This would send a message to the would be intimidator.

If we don’t address the problem soon the Cayman Islands will not be the same country I have come to love and feel safe these last 32 years.

Anyone who is intimidated must have the courage and speak out – not just for our sakes but your own.

Please also read iNews Cayman story published May 21 2014 “Cayman Judge says witnesses must have courage and supply information re criminal activity” at: http://www.ieyenews.com/wordpress/cayman-judge-says-witnesses-must-have-courage-and-supply-information-re-criminal-activity/