Appeal court upholds rape conviction

| 12/11/2015 | 21 Comments

Cayman News Service

(CNS): A local man who was convicted in 2012 of raping his ex-lover multiple times has had his appeal against the conviction dismissed. Philip Rose (49) was found guilty of rape by the chief justice after he stalked, harassed, abused, assaulted, abducted and raped his former girlfriend, a Swiss national, who claimed at trial she was forced to flee Cayman because of Rose. Serving 14 years, Rose had argued through his attorney that he did not get a fair trial. 

He claimed that his original trial lawyer had failed to source telephone evidence that could have changed the course of the trial and that disclosure from the crown was so late that he did not have time to properly prepare and answer the grounds on which the charges against him were based.

The allegations made by his former lover, who had an affair with him while she was here working at an offshore bank, had described a tumultuous and jealous relationship between the pair. She claimed that when they broke up Rose still pursued her relentlessly, and although she had sometimes given into his harassment and spent time and even had consensual sex with him, there were times when she had not consented but he had been violent and threatening.

On one holiday weekend he had kidnapped the woman and then held her prisoner in her rental apartment raping and abusing her for several days. But it was not until the woman left the island that she pressed charges, after Rose continued to stalk and threaten her via phone and left exceptionally abusive messages.

The appeal court dismissed arguments that Rose’s attorney had fallen short. Rose had declined the crown’s offer to adjourn the case over the late disclosure, which crown counsel in the appeal conceded had been “handled horribly”. The appeal court also dismissed that as well as other grounds of appeal, stating that they would give the reasons for upholding the conviction in writing at a later date.

The higher court will continue hearing civil and criminal appeals until Friday 20 November. President Sir John Chadwick, Sir Richard Field and Sir Alan Moses are scheduled to hear the appeal of Brian Borden Thursday against his conviction last year for the West Bay murder in 2011 of Robert Mackford Bush.

Next week the court will also hear appeals from an ex-police officer convicted of corruption, Jeffrey Barnes convicted of rape and Raziel Jeffers for his conviction of manslaughter. They will also hear a number of appeals regarding sentences, including the jail terms handed down to the robbers in the New Year’s Day jewel heist case, in which the offenders were run down by the police commissioner in his SUV.

Tags: ,

Category: Courts, Crime

Comments (21)

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  1. Anonymous says:

    Bit of a bastard really.

  2. Gray Matter says:

    Put his picture online , he is now a convicted rapist , and the lady no longer resides on island.

  3. Anonymous says:

    No means NO, asshole!

  4. Anonymous says:

    Jesus wept. A serious crime is committed and a felon loses his appeal against conviction and people on here go on and on about whether he is a real Caymanian or not. It doesn’t matter where he is from, he is a f*****g criminal and in jail where he should be. End of.

    • Anonymous says:

      Wrong. Not end of if we can and should be deporting him at the end of his sentence.

      • Anonymous says:

        Even if he was a statute holder, he would have accrued Article 8 rights to prevent deportation.

        • Anonymous says:

          If he was granted status, it can be revoked. Then he can be deported. If he has article 8 protections that will only because our illustrious law enforcers have waited too long to act.

          • Anonymous says:

            Pretty much if you qualify for status you will have already accrued Article 8 protection. The revocation of the status would be illegal so you would never get to deportation issues.

    • Anonymous says:

      It is the twisted mindset of the Little Islander.

  5. Anonymous says:

    “I did not have sex with that woman” … “well, it depends on your definition of the word ‘is'”…. Hey, it worked for one slimeball.

  6. Anonymous says:

    Caymanian women can be just as obsessive and dangerous. In fact they’re worse, as the presumption is that the man is physically stronger, so in self-defense he has to be very careful not to use excessive force.

    • Anonymous says:

      Yes I know of a man that was blinded and disfigured when his ex GF threw acid in his face.
      Wicked mindset..

  7. anonymous says:

    I have been there, not to the same extend though, but still. They don’t seem to get that when it is over it is over and continue stalking and calling, showing up uninvited. They seem to be stuck in the 18 century mentality.

  8. Anonymous says:

    Can we appeal to increase the sentence? Scum…

  9. Anonymous says:

    Deportation order?? Unless he has status now.

    • Anonymous says:

      How can you deport a “born Caymanian???

      • Anonymous says:

        Easy if anyone bothers to check if he really is a born Caymanian. I do not know about this piece of excrement but many so called born Caymanians are in fact not.

        • Anonymous says:

          True – but you will never get anyone to admit that they have lost track of who is Caymanian from who is not.

          • Anonymous says:

            I’ll admit it!

            • Anonymous says:

              Why is it always assumed that criminals in Cayman are never Caymanian. I am an ex expat, having worked in Cayman some time ago. Your Island is a very beautiful one, home to many beautiful & sincere beautiful people. I met wonderful Caymanians as well as awful ones. Awful ones that are definitely capable of crimes such as these. It is so predictable when you read these stories that a comment will follow saying deport them even though the perpitrator is a local. These kind of comments do nothing for the image of Caymanians (a nation of people that celebrate the rapes/theft/murders committed be pirates), apart from to make them look bigoted. On a more positive note, it is wonderful to see your justice system working and being upheld. I hope this man is able to be rehabilitated and accept responsibility for his actions and that the woman is able to move on with her life.

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