Bryan guilty of assault but no conviction recorded

| 24/02/2016 | 45 Comments
Cayman News Service

Kenneth Bryan

(CNS): The former political assistant to the premier, Kenneth Bryan, has been found guilty of assaulting police and disorderly conduct but the magistrate has recorded no conviction. The 35-year-old George Town man, who still has political ambitions, was essentially convicted of being rude to police after he tried to stop them arresting the wrong man following an incident in which Bryan assisted an off-duty female police officer who was being threatened by an ex-lover.

As Magistrate Philippa McFarlane delivered her verdict and sentence, she said that, given the circumstances surrounding the offence, Bryan had done the right thing when he went to the police officer’s aid but went too far when he spoke with police after the event.

As a result of the guilty verdict, McFarlane gave Bryan a probation order of twelve months but said she was satisfied that he had never intended for the situation to develop as it did. In order to ensure his future ambitions were not derailed any further, she said there would be no conviction recorded against him. The magistrate pointed out that even the officers in the case all agreed that Bryan is of great assistance to the local community and she felt he should be allowed to get back on track when it comes to the opportunities facing him.

Thanking friends, family and supporters who were there for him during the ordeal, Bryan said he was saddened by the verdict but not surprised.

“While I believe I have suffered an injustice throughout this case, the far greater injustice is against the Cayman people as their public funds have been used to bring this to court, even though it was of no benefit to society and a waste of taxpayers’ money,” he told CNS.

During the process of the case Bryan offered to plead guilty to the disorderly conduct if the crown dropped the assault charge, as he had accepted very early on that he had used the term “bumbaclot”. The crown prosecutor in the case, Scott Wainwright, made it clear he was amenable to that but after consulting with the Office of the Director of Public Prosecutions, he told the court he was ordered to press ahead with all of the charges.

“This case highlights the distrust between the police and the community,” Bryan said. “What will this case say to decent members of the community? It is, sadly, another example of why members of the public don’t assist the police in criminal matters. More importantly, what does this say about domestic violence in the Cayman Islands and the low priority the police department puts on it?” he asked.

Karen McQuade, the off-duty officer whom Bryan was assisting outside a West Bay Road nightclub in October 2014, was being harassed and threatened by a violent former lover. He was not arrested on the night in question, as officers arrested Bryan and another man instead, allowing the perpetrator of the assault on the female officer to go free. He later went on to assault her again on other occasions before he was eventually charged and sent to jail.

“Hundreds and hundreds of women and children are the victims of domestic abuse every year,” Bryan pointed out. “But instead of focusing time and money to address that real problem, the RCIPS appears to be spending time and money fighting those that are trying to do something about domestic abuse.”

Relieved that after some 18 months his ordeal is now over, Bryan said it had been a learning curve and he had concerns about some of the events behind the scenes.

“While I am not happy about having to endure this ordeal, everything happens for a reason and I have learned a lot about the criminal justice system in the Cayman Islands throughout the proceedings. But I have concerns, based on the evidence that emerged in the trial regarding correspondence between the police commissioner and the premier, that they may have acted inappropriately in relation to my case.”

Bryan was dismissed from his job by the premier long before his case was heard and shortly after the charges were laid but he has not yet given up on a political future, he said.

“I am a man who stands for what I believe in and will continue to do so in the future. I am Caymanian and that is what Caymanians do,” he added.

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Category: Courts, Crime

Comments (45)

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  1. Anonymous says:

    I challenge all of you to go to the club scene at 3am and try talking to a bunch of drunken fools shouting all sorts of profanity and ready to separate your head from your neck or rip your heart out of your body. this is what our police officers deal with every single weekend and yet we have someone ‘who is suppose to set an example’ cursing and shouting at cops, gets himself locked up and suddenly its the police fault….and what is worse says it was a waste of public money to prosecute him…well if it is a waste of public funds then what will the not so popular/non-political guy say having been arrested for a similar crime at a club scene…if he wasn’t prosecuted then the entire CI’s would be saying its because of who he is and the RCIPS is corrupt….then next he is telling the entire Cayman Islands do not give information to the police and this same man is likely to be voted in as a leader of our country…what a bunch of stupidity…no wonder our social system is in such a sorry state of affairs.

    • whatever says:

      That’s not what happened though, is it…? The RCIPS, being the bumbling fools that they usually are, were going to arrest the wrong man. When Bryan tried to make them aware of their mistakes, they got offended by his “interference” because, of course, being the bumbling fools that they are, they know better. And then they doubled down on their stupidity by charging him for matters that did not occur. Things got really over the top when the even bigger morons at the Office of the Director of Public Prosecutions got involved. Next time get your story straight.

  2. MM says:

    So McKeeva and Julianna can carelessly spend the people’s money and get away with it… but this man was aiding a female, off-duty officer and gets all the negative, “drag-through-the-mud” treatment as if he were a criminal?

    Go Cayman justice system! What a twisted mess..

  3. Anonymous says:

    Has anyone missed that the same “bad” words were reported in local media and print newspapers?
    If it’s illegal to say them, then is the media Ok to use them publicly, and repeatedly…??

  4. Anonymous says:

    The police and authorities should be praised for having the courage to pursue this prosecution which as the outcome shows was well founded, even if the process inevitably had a political charge to it given the accused. The police have a hard enough job without having to be subject to threats and interference that are sufficiently weighty to constitute a criminal assault.

    • Whatever says:

      That’s funny. You must be a comedian, Crown prosecutor or police officer – all three being the same thing more or less. No offense meant to comedians by the way! You certainly lack common sense and are proud to put it on display by writing such nonsensical drivel, traits reserved for most Crown prosecutors and police officers. I don’t ever recall a time in history that “bumbaclot” was sufficient evidence to warrant a criminal assault, but feel free to fantasize away – at least, while doing so, you’d be too busy coming up with some other idiotic ideas that are detrimental to others.

  5. Anon says:

    I called the RCIPS once for help to report my then girlfriend for domestic abuse. It was instilled in me growing up not to hit a woman, so I figured let the law assist me then with a resolution. Because I’m a man he replied over the phone – don’t call us to waste our time.

    From that day nine years ago I said to hell with the RCIPS. I can’t respect anyone who joins them. Yes I may be painting some of their good members with a broad bad stroke, but I’m sharing this to say that I understand exactly how Kenneth’s feels about them.

    I asked for help and was insulted, yet these same officers are ready to appeal to the public for help when they need it.

    Go fly a kite.

    • Whatever says:

      That’s exactly it, isn’t it…? You try to do the right thing and they tell you to get lost – step one inch out of line however and they throw the book at you along with the kitchen sink… unless of course you’re a politician, a well-known personality, or a person of influence (British or local) who grossly steps out of line, gets shot in the leg, drink and drives with impunity, steals millions, and/or is severely abusive to his spouse, all things that apparently are allowable to some, and not so much to others.

    • Anonymous says:

      I had the same experienced. Us men could be jailed for insulting the modesty of a woman, but we as men have to take those same unwarranted insults and harassment on the chin. Where are the laws that protect us?

  6. Anonymous says:

    Big waste of time. Why not spend this energy on one of the important issues that abound.

  7. Anonymous says:

    This case seems way over the top given the circumstances. It was a heated situation obviously, there should have been a warning or meeting with the police after to clear the air. There was absolutely no need for all this publicity and wasting the courts time over some angry words in a tense situation. This man is obviously not a criminal.

    He lost his job over this? Senseless.

    The police are vindictive when criticized. Especially when the criticism is warranted, which it is all too often.

  8. Anonymous says:

    The lack of remorse for someone who aspires to leadership is disappointing. He clearly knew that what he had done was wrong. Admit your guilt. Accept responsibility. Own up to your mistakes. All of this does not seem to have clicked with Mr. Bryan. While many will point out that he was trying to assist a woman in need. There were other mature ways of dealing with what was no doubt a tense situation. I do hope that Mr. Bryan uses this get out of jail free card, something that is not afforded to many young Caymanians here to do some good in the community

  9. Anonymous says:

    Police and prosecutors should be ashamed this ever went to court.

    • SSM345 says:

      DPP finally had a chance to win a case, is it any wonder they pushed on with the charges? And FFS, can our Leaders amend the law to take swearing out as a criminal offense (disorderly conduct), it s f**king waste of everyone’s time.

  10. Anonymous says:

    Kenneth your caught a break buddy, Ms MacFarlane is very wise. Now I voted for you at the last election and depending on how you behave now I may vote for you in the next.
    You need to show total respect and support for our police service, I could not believe last week on the radio, you said, that you would not be giving information or trying to help the police ever again!
    Are you crazy man, you need to retract that. I guess is you where an MLA you would have slapped the officer and try to have him fired.
    Aldin was right to fire you but you now have an opportunity to show us you learned your lesson, stop slagging off the cops and the PPM and let your good works speak for themselves.
    Good luck buddy.

  11. Anonymous says:

    Considering that another talk show host with political Abitions pleaded guilty for getting drunk and beating a woman and he got no conviction it does not surprise me there was none here

  12. Marius Voiculescu says:

    To sum matters up, it appears that the two institutions, the RCIPS and Office of the Director of Public Prosecutions, charged with the protection of its citizenry, have once again miserably failed to fulfill their sworn mandates. What appears to have happened in this case, as in others, is that both institutions went out of their way to destroy the life of this young man, for nothing more than a misspoken word and a heated discussion. What is also becoming increasingly apparent is that the little guy, whether he or she is an expat or a local, pays an exorbitant price over relatively insignificant matters, while far graver misdeeds are carefully buried far beyond the reaches of the common people.

    This case could have easily been resolved with a public apology, if Mr. Bryan was indeed disrespectful to an officer, however this did not suit the plans of those with sharpened forks and knives. How exactly did this trial meet the public interest? Why did the Office of Public Prosecutions overrule their own prosecutor, Mr. Scott Wainright? How does it meet the public interest to try to intimidate and disproportionately punish Mr. Byran? Though I disagree with the Magistrate’s finding of guilt, at the very least she demonstrated compassion, common sense, and decency in her sentencing.

    This injustice against Mr. Bryan is an injustice against the entire Caymanian and expat community – next time it will be your son, daughter, sister, brother, father or mother who suffers the consequences of this arbitrary system of “justice”.

    Marius Voiculescu

  13. Fred the Piemaker says:

    I thought “assault” required a threat of bodily harm coupled with an apparent, present ability to cause the harm and an apprehension in the victim that they may be harmed. If that’s right how on earth does swearing at a police officer constitute assault? A trained police officer, with colleagues on hand and presumably his baton and spray or taser, honestly thought he might be harmed by Mr Bryan who was unarmed, didn’t hit him or try too, and merely swore at him ? Hell, even prosecuting counsel was prepared to accept disorderly conduct (until told not to by their superiors). WTF. At best this is the police way overstepping the mark, at worst its starting to smell awfully like a stitch up.

    • Anonymous says:

      There was clearly evidence that was sufficient to constitute assault hence the findings of the Court.

      • Fred the Piemaker says:

        Oh yes? Remind me of what it was then, since there was no reference to anything that I saw in the court reporting. Or are you starting from the presumption that the magistrate couldn’t possibly have made a mistake.

    • Anonymous says:

      Maybe verbal assault as he swore at the RCIP?? Just a guess.

  14. Jotnar says:

    Wow! What a delicate lot of flowers the RCIPS are. Imagine being sworn at – how dreadful. I am glad they are clamping down on this kind of sickening crime, else where might it all end? Before you know it people will be beating up tourists, stealing drugs from the evidence locker, robbing jewelry store – all with complete impunity – oh, wait…

  15. Anonymous says:

    Yes. Ive had to deal with expat officer in the rcips family unit. Its like he thought i was the guilty party.
    Time to clean out the small mind small island mentality there!

  16. Anonymous says:

    Well, that’s one way to sabotage a potential political opponent.

    “…based on the evidence that emerged in the trial regarding correspondence between the police commissioner and the premier, that they may have acted inappropriately in relation to my case.”

  17. Allar says:

    They don’t have as much sense to accept help that is why the country is in such a mess. Well done Kenny

  18. Eenonymous says:

    I agree that Kenneth was wrong to badmouth the Police. However, he used a word that has no bearing in Cayman. It’s a ‘foreign’ word that people use casually, like “here” or “there”. Obviously the Police officer was from our neighbors to the southeast, so of course he took offense to a Caymanian using that a word.

  19. Anonymous says:

    Hmmm….I remember a few weeks ago, on a certain radio talk show,much ado was made about a previous host who was found guilty but no conviction recorded…..wonder what song will be sung now?

    • Jotnar says:

      One found guilty – indeed, pled guilty – of using physical violence against a women, the other of swearing at a police officer who failed to protect a woman – think Randy Merren might be able to tell the difference even if you can’t.

    • Anonymous says:

      This is a different case from the one with the other radio host. Bryan’s actions though regrettable were motivated by good intentions. The other host involved an assault in a domestic dispute, from what I recall.

      Sounds a little like this case should not have reached into the courts, and that magistrate made the right call. How sad it would have been for this man’s life to have been derailed by one moment when emotions were running high but no damage was done except to some egos.

  20. Anonymous says:

    How come police officers and other government officials under investigation were not fired and on payroll?

  21. Anonymous says:

    Well, that was one expensive “bumbaclot”.

    Although disappointed with the actual verdict, I am happy the matter is now settled.

    You came out on top Kenneth.
    “He that diggeth the pit shall fall in it.”
    They know themselves.

    Onwards and upwards bro.

    – Whodatis

    * The RCIPS, DPP, and crown counsel did themselves no favours by bringing this ridiculous case to court.

  22. Sugar Ray Bodden says:

    Did Alden use his position to influence things and have his nemesis charged by the Baines brigade :- only two people will ever know?

    Elections going to be hot in 2017. Kenny vs his mentor Alden who box down Foolio in the LA dining room it’s going to be explosive!

  23. Anonymous says:

    This is the very reason people will not assist the police. And I for one would not waste time and energy to assist now or ever.

    • Anonymous says:

      Great work here Kenneth, that just what we want from our potential MLA’s, you encouraging people not to help the police.

  24. Anonymous says:

    This comes down to the police making an error but was too prideful to admit it. Kenneth have no fear, you will live to see all those who planned your demise with egg on their faces. sLick Willy will get his comeuppance. Fight the good fight and always be careful. If God is for you who dare be against you.

  25. Anonymous says:

    Clearly he was relieving the spells of evil. It’s so scientifical.

  26. Anonymous says:

    Wow. You won’t ever find me assisting the popo.
    I like what Kenneth has to say about the whole incident.
    Obviously the popo don’t want help from witnesses all the time. Just on their own terms.
    Kind of makes you go hmmm.

    • Imagine that.. they have such a hard-on for you Kenneth, they wasn’t even business that the lady was being harassed, and how much times after that night before they caught him and put him away?

      Tsk, tsk..

      If they had dealt with the matter at hand instead, everyone would have been in a better situation today. If it doesn’t include drugs or guns, they not interested bobo.

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