Mistaken ID costs man five months jail for petty offence

Cayman Islands courthouse, George Town

(CNS): A West Bay man who has been in jail since February was given a two month sentence for attempted theft Thursday — three months less than the time he has already served after a case of mistaken identity saw him charged with carjacking. Kenoi McCarval Smith (23) had denied having anything to do with an armed abduction that took place outside Mango Tree in George Town last September but admitted coming across the abandoned vehicle sometime after the real criminals had fled. When he took a look inside the car, Smith left two fingerprints.

The real carjackers have not been apprehended. But although the victim’s description of his abductors had cleared Smith, who has no previous convictions, he was held on remand for five months because he is also charged, but not convicted, of burglary.

Smith was arrested in connection with the carjacking while on bail for the burglary charge, which has not yet been heard. Even though he has no record, because he was charged with a catalogue of serious offences, including possession of an imitation firearm, robbery, abduction and car theft, he was remanded in custody.

Meanwhile, police investigating the carjacking were given a number of different descriptions by the victim of the suspects in the abduction and it became clear that Smith was not one of the robbers. Eventually, the crown accepted Smith’s story that he had come across the vehicle after the fact, and while he admitted he had looked in the car, he did not take anything.

With no evidence to the contrary, the crown dropped all the serious charges and charged him with attempted theft. Despite his still clean record, the judge handed Smith a three-month jail term. This was the maximum possible for the petty offence, for which he would have received a community service order if he was not on bail for another matter at the time of his failed effort to steal something.

After the judged knocked off a month Smith was sentenced to just two months behind bars. However, he was still taken back to the cells, even though he has served his sentence more than twice over, because he has to wait for a bail hearing, set for next Tuesday, in connection with the outstanding burglary case before he can be released.

The abduction took place not far from Mango Tree in the early hours of 20 September last year. The victim said he was ordered into his car by an armed robber, who was with a second man. He was forced to drive to Walkers Road, where the armed man stole his watch, wallet and phones. He then told the victim to get out and made off with the car.

The vehicle was later found abandoned in the Mary Street in the School Road area but more of the victim’s personal possessions, including laptops and passports, were all missing.