Mistaken ID costs man five months jail for petty offence

| 31/07/2015 | 7 Comments
Cayman News Service

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.

Print Friendly, PDF & Email

Tags: ,

Category: Courts, Crime

Comments (7)

Trackback URL | Comments RSS Feed

  1. Anonymous says:

    Is this the same court of law that said it is legal for mckeewa to use the country’s money for illegal purposes and that the west bay ladies were too late to fight a just cause???

  2. Anonymous says:

    One more Caymanian young man who had a clean police record, now has to look for a job while tagged with a criminal offence, because he looked inside a car?

    The police ignore complaints from Mr. Russel, who had NO convictions against him, that his brother, a convicted murderer threatened to kill him and his family……..until he decides to take matters into his own hands. He now has a criminal conviction and wont be able to get a job when he gets out.

    The plan seems to be working

  3. Anonymous says:

    but what about mitigating factors… no criminal record, didm;t match description??

    This sounds like unlawful imprisonment and he should sue the police & DPP

    • Anonymous says:

      The islands that sanity forgot!!! Looks like another hardened criminal has been created by the gaol system. You couldn’t make this stuff up!!!

    • Anonymous says:

      you cant sue the govt and get anything out of it except an attaboy
      they know this and this is why they think they can do anything they want
      perhaps they should be personally liable and the crap would stop

  4. Anonymous says:

    Somewhat unfortunate circumstances, but not the most intelligent move on Kenoi’s part looking inside a vehicle that wasn’t his. He certainly contributed to his plight.

    As well he has a separate unrelated burglary charge pending so stop the pity party for this guy. So, you are a suspected burglar, and then you look through a vehicle (that has been carjacked) that you don’t own and leave prints……….um….so Kenoi, any lessons learned??

Leave a Reply

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.