Ex-cop goes to jail in wake of failed appeal
HMP Northward, Grand Cayman
(CNS): A former police officer who was convicted 18 months ago of bribery began serving his three-year jail sentence today after his conviction was upheld on appeal. Although convicted of soliciting a bribe from a Filipino man in exchange for not pursuing a possible theft charge, Elvis Kelsey Ebanks has not yet served any time for the crime as he was on remand from the time of his arrest through to conviction. After just one night in the George Town Police Station following sentencing, he was bailed again pending appeal. But the appeal court upheld the conviction and prison term today when they described Ebanks’ defence as “fanciful”.
Defence attorney Laurence Aiolfi had argued that statements from two police witnesses admitted without the officers appearing in court prejudiced his client and that in summing up for the jury, the judge had not given enough weight to the defence case. He also argued that there was the possibility of misunderstanding because of the victim’s poor language skills and that the judge had failed to direct the jury about the potential motivation of the crown’s witness to lie.
Ebanks, the first police officer convicted under the anti-corruption law, was found guilty in May 2014 following a jury trial presided over by Justice Charles Quin. The case was that Ebanks had solicited a bribe from Elmer Ferreras, a Filipino national who was relatively new to the island.
While working outside the terms of his permit at a car wash, he had taken a phone that he found in the waiting area and Ebanks was the officer called in to deal with the complaint. However, the owner, once reunited with his phone, was not interested in pressing charges and the car wash owner asked the officer to take Ferreras away. Ebanks agreed and took him in the patrol car.
During the journey to Ferreras’ house Ebanks asked for a bribe in exchange for not investigating, after warning him that he could go to jail for ten years. With only around $100 on him at the time, Ferreras offered Ebanks that money and arranged to meet him at a later date to give him more after the officer said it was not enough. However, before that meeting took place the victim went to the police. Anti-corruption officers set up a sting operation and arrested Ebanks. Following his arrest, the former cop denied asking for a bribe and claimed that it was a loan offered by Ferreras.
It was this that the court of appeal had said was a fanciful defence, as they pointed to the impoverished situation of the victim. Speaking on behalf of the three judge panel, Sir Alan Moses said that the trial judge had correctly directed the jury regarding the evidence from the police officers who did not appear in person and said they were of “minimal value”. The appeal judge added that Justice Quin also had to consider the difficulty and cost of getting officers who are now serving overseas to the court for what was possibly “trivial” evidence.
Moses also dismissed all of the other grounds of appeal, as he said the trial judge had set out the circumstances of the case carefully. The appeal court found that Ferreras was vulnerable and it was not surprising that he would cooperate. The trial judge had summarized the points and set out in a ”fair and forceful way” that it was the defence’s case that Ferreras had lied and was being manipulated by the inducements, Moses said.
The appeal court found that the judge was under no obligation to raise the possibility of a misunderstanding any more than he did because it appeared in the evidence.
Moses said he was not surprised that the jury found the defendant guilty, given the evidence and the circumstances, as he stated the panel’s decision to dismiss the appeal and uphold the conviction.
If you are a Canadian RCIPS police officer who steals and squanderd cash from a charity…..you get house arrest for thea majority of your sentence. The time you serve is spent segregated from general population.
If you are a Caymanian RCIPS police officer who illegally solicits a bribe but really gets nothing from the bribee……you get your ass thrown in Northward general population for three years.
I see NO bias againt Caymanians here whatsoever so shut up with the wining and serve your time like a man………those Canadians need a break you know.
Caymanians are such winers
I have to wonder if it was one of our expat cops, would it have even gone to court. And how long now before the Filipino get Cayman status . I feel for the few real caymanian cops left in the force. Watch your backs please
yeah, lets not dwell on the fact that he extorted a bribe, lets focus on some idea that a non Caymanian committing a similar crime would have gotten off, because that makes it ok. And as for for the victims status, what has that got to do with the crime, and isnt the answer anyway a) not before 9 years on island and b) never since he will never have the necessary points. Stop using the born status of a crooked cop to begin to justify what he did – exploiting his position to intimidate and extort money from those he thought were powerless to defend themselves. He is scum, and you should be ashamed of trying to justify his behaviour based on where he was born and where his victim was. Wrong is wrong.
You go! Defend the corrupt while criticizing a victim of corruption. Every day Caymankind racism.
Yes, I feel for them too. Watch your backs if you are being corrupt guys. Foreigners might complain about corruption because they do not understand it is a national pastime.
Very true what about the ex officer who conned an elderly man out of his lands and drained his bank account. Complaint made at FCU and to date no response. Why is there so much silence on this matter? Like Elvis this too will be exposed and brought to justice if it means going all the way to the UK if need be.
Good and I hope they deport him back to where he come from after serving his sentence.
By deportation, you mean return Elvis Kelsey Ebanks to the Republic correct?
Correct
Another example of why we need a sarcasm font for the criminally stupid.
Where? Archie’s?
Elvis Ebanks is a born and raised Caymanian. IDC how long ago this case was… HE IS A CAYMANIAN!
Can someone tell the people of the Cayman Islands if the Filipino involved in this case (Elmer Ferreras) is still working on island and if so WHY???? . Elvis Ebanks has done wrong and obviously is now to pay for his wrong doing. But what about the Filipino – remember he too is a thief!! I imagine he is now employed as a security guard or someone of some sort of authority whereby he has further access to peoples’ things.:)))
The defence team have dragged this out for 3 years ! The people of the Cayman Islands are the real losers having had to pay this scum wages for all this time. Fanciful is a very kind word used by the appeal court ! I know a lot better words to describe what has gone on to ensure he never spent a day in prison. Let’s see how much of the three years he serves…!
I agree with the other comment posted. It would be naive to believe that the RCIP has only one rotten apple !
This appeal was a farce and delayed justice for 18 months.Iwonder how many other poor Phillipinos were victimised?.
Elvis has left the building.
All shook up…nah, he ain’t nuttin’ but a hound dog and gonna be stuck in the kennel a while..
he served a year. talk what you know.
Uh no. In this case Elvis has entered the building. Northward.
Good. Start lining up the next investigation. Plenty more where that came from.
Elvis will be absolutely fine in Northward. After all, those he will see and meet in Northward, are the same ones that he associated with in police uniform.
As I recall, the last Police Officer sentenced to Notrhward (theft of charity funds??) was held in solitary confinement, for protection and then released to “home arrest”, so don’t hold your breathe.
He was Canadian……….. that’s why he was released to home arrest. LOL