Two stories have appeared on my desk over the last twenty-four hours that have prompted me to make these comments.

The first is the concerns our Independent MLA for North Side, Ezzard Miller, raised concerning the conviction of 20 year old Anthony Berry who was refused entry into the USA to begin his second semester at university because he has a two year old conviction for consuming ganja.

Mr Miller believes there was an element of biasness against Mr Berry when another man, whom Miller believes, has family connections to a leading law firm has escaped the same fate, despite also having a drug conviction.

Miller points out in September an unnamed young man who had pleaded guilty to involvement in a scam over the Foster’s Food Fair Punch and Play Cards was also convicted of possession and consumption of ganja when he was arrested, but his conviction was not recorded. CNS cites the case of an overseas student. In this case, the young man’s attorney had asked the court to withhold the conviction against his client so it would not interfere with his ability to study. The magistrate ordered that the drug conviction not be recorded on the condition that no further offences occur for the next two years but the defendant was handed down a $200 fine.

Mr. Miller said, “I am appalled at how two young men can be treated so differently, with one remaining unnamed by the courts and the conviction withheld while the second has his whole future in question because of the same conviction over cannabis. These criminal records haunt people all their lives but government has done nothing about the motion I brought to the Legislative Assembly to address this. With overseas staff requiring a police clearance certificate, many employers extend that to local employees as well, and for those Caymanians who have these lingering convictions that may be decades old, they are now also finding it increasingly difficult to get work in their own country.”

It doesn’t seem fair but who ever said the world is fair.

However, Miller left out one important detail in Berry’s case. When Berry was before Summary Court he had refused to enter the Drug Rehabilitation Court programme. When the case went before the Court of Appeal last Thursday (22) Justice Abdullah Conteh said if he had done so, as a co-accused did, he would have been free and clear.

When Berry had appeared before Magistrate Nova Hall she had said probation would normally have been the appropriate way to deal with Berry’s rehabilitation. However, the report prepared by the probation officer described him as nonchalant. It said he had missed appointments, did not show any remorse, and tested positive for ganja twice, including once just prior to sentence.

The magistrate said she saw no effort by Berry to be rehabilitated and she found no basis for not recording a conviction.

Court president Sir John Chadwick said Berry’s attitude toward ganja consumption was not uncommon among his generation and there was nothing before the court to suggest his attitude had changed. He added, “The law is the law and you can’t decide at age 18 that it doesn’t apply to you because it’s a silly law anyway.”

In view of all this I cannot find any substance whatsoever in Mr Miller’s accusations. To me, it would have been better if he had pointed to Berry’s case as a warning to show teenagers the dangers they are treading when they take drugs. It can affect their whole lives and if they believe a law is silly because smoking a “little pot” the law is the law and it is known smoking a “little pot” is illegal. That is the message I expected Mr Miller to preach and I am surprised at what he said.

The other story is one of praise. Praise for the RCIPS and praise for a member of a Neighbourhood Watch.

On Monday (26) a lady on Websters Estates observed an unknown person driving rapidly through her driveway three times and on the fourth time he pulled right up to her house and parked playing very loud music.  At this point she called her Neighborhood Crime Watch police contact, PC Cardiff Robinson and told him the situation, as she was at home alone and felt very nervous.  He responded within minutes.

It turned out, the car was a look-out and get-away car for a burglar who was attempting to enter a house two doors down from the caller. The police immediately brought in a canine unit, helicopter and several plain clothes officers, who eventually caught the second man.

Yes, the RCIPS get bad headlines when things go wrong. They should get the same headlines of praise when things go right. Well done to all concerned.