Appeal court to hear cases from murder to corruption
Sir John Chadwick, President of the Cayman Islands Appeal Court
(CNS): Prisoners serving life sentences for serious crimes and offenders who have been convicted but have not yet served a day in jail are included in a diverse list for the appeal court this month. Over the next few weeks, President of the Cayman Islands Appeal Court Sir John Chadwick, John Martin QC and Sir Alan Moses will hear appeal cases from offenders convicted of rape, murder, fraud and police corruption, as well as a number of civil and financial cases.
The November appeal court session opens with the case of Philip Rose, who was convicted of rape in 2012. His appeal was adjourned during the summer session.
The judges will also hear an appeal against a life sentence given to Jeffrey Barnes for a double rape and an appeal by Brian Borden against his conviction and sentence for a gang-related murder.
The three men convicted of the New Year’s Day heist at Diamonds International are appealing their sentences, and Raziel Jeffers, who is already serving life for two murders, is appealing a third conviction for manslaughter.
Edlin Myles, the former deputy chair of the National Housing and Development Trust who was convicted of fraud last year but has not yet served any time in jail, will be appealing his conviction and the six month jail term.
Elvis Ebanks, a former police officer who was convicted of corruption, has also remained a free man so far, despite being handed a three year jail term. He is appealing against his conviction and sentence.
The appeal court begins at 11am Monday and continues until 20 November. See detailed listings here
For heaven’s sake, lose the bloody costume. Halloween has come and gone and you just look damned pompous.
Let them all free. It is obviously what you want. Then we can get more police and domestic surveillance, innit, eh?
7:31 it is because of the so called furriners why caymanians involve themselves with crime, you all come here and work for, 3,4 dollars a hour when we refuse to work for that in our own country cuz at the end of the day that can’t take care of shit here but you all can get a lot done back home, but now that you are here an see the light I bet it makes sense to go back home because making that type of money is what causing most of unnu to live like dogs anyways there’s a reason why we celebrate Pirates week every year, and this pirate is rated arrrrrr
And, by the way all of you posters who like to gang up on Jamaicans and other furriners as being the reason we have crime in the islands, just check the names of those in the Courts List every week. Pure Caymanian of the born kind.
Lots and lots of “native generational Caymanians”, family reunions to the nutz.
and all mixed with Jamaican parents or thought they were saying all Caymanians have ties to Ja…… make up your mind, they cant be Jamaicans when time to make claims, they Jamaican when caught doing bad too
Get ready for the latest round of nitpicking.
One look at the list of appeals shows a real problem. Almost every criminal major case is being appealed. Who is paying for these? Surely legal aid should not be permitted for appeals. If an attorney does not think that a matter has enough prospects for a no win no fee deal then neither should public funds be wasted on the appeals.
Two problems with a no win no fee arrangement. First, they are not allowed under Cayman court rules. Second, how does the attorney get paid even if he wins? There is no damages pot in a criminal action to be paid for, and presumably the only reason the defendant got legal aid in the first place is because he has no money.
You are wrong on both points. First an attorney can agree to an arrangement whereby fees are conditional on winning, it is just they cannot agree to an uplift on fees for success or a share of gains (the second of which is not relevant in criminal matters). Second, a successful appeal would lead to a costs order on the appeal so the effective paying party would be the Crown.
You speak of CFAs in civil law. This is criminal law. Completely different.
No it is not completely different. If an appeal does not merit the risks of the attorney acting on a conditional basis then it should not be regarded as having sufficient prospects to qualify for legal aid whether that appeal is criminal, civil or administrative.
Thank you for correcting my error. Mind you, I struggle to see what attorney would agree to take such a risk, but I stand corrected on whether it is technically feasible.
I appreciate that the law is the law and everyone must have the right of appeal, but I am sure it was meant for more deserving people than these…the system it would seem can be abused by even the most hideous of people. Those that are contesting length of sentence are just adding more misery to their victims and victims family…I would argue that in the absence of doubt about their innocence, sentences should be made longer for those appealing without cause, as it shows no remorse or respect for the people they hurt.
Well said.