Crash lawyer jailed for 3 years
(CNS): Simon Courtney (50) was jailed for three years and banned from driving for five years after visiting Grand Court judge, Justice Malcolm Swift, condemned the corporate lawyer for what he said was his cynical attempts to avoid responsibility for the serious harm he caused his victims when he ploughed his high-powered sports car into them because he was drunk. The judge said Courtney had been convicted on “the clearest possible evidence”. Cathy and Richard Schubert suffered dreadful injuries, Justice Swift said, and it was fortunate that he wasn’t facing even more serious charges.
Courtney mowed down the Schuberts after a champagne brunch at the Ritz-Carlton, Grand Cayman in January last year in a souped-up Ford Mustang and then fled the scene.
The judge said he had no doubt that Courtney would have fled the scene had the collision happened in a more remote part of the island.
“I dread to think of the consequences for them,” he said, had there been no witness and people to help, as he suspected Richard Schubert would have succumbed to his injuries. “Your first thought was not for your victims but for your driver’s licence,” the judge stated as he questioned the claims Courtney had made at trial that he fled the scene to call for help.
Justice Swift described Courtney’s claims as a “wicked lie” and his brief expressions of sorrow as disingenuous. He also condemned Courtney for claiming at trial that he had sustained a concussion in the accident with no medical evidence to support it, then going on to claim in a social enquiry report, made after his conviction, that he had a brain injury, again with no evidence to support the claim.
It was all part of the lengths he was going to in order to avoid the consequences of his actions, the judge found. He also took a dim view of Courtney’s deliberate attempt to avoid the authorities by staying away from home all night, only going to the police 24 hours after the crash.
“I have no doubt whatsoever you were the worse for drink,” the judge added, as he pointed to what he said were Courtney’s cynical attempts to keep the court from knowing how drunk he really was. Justice Swift said Courtney probably didn’t know how much he had drunk, but based on the evidence at trial, he had probably consumed an entire bottle.
But even though he was incapable of driving safely, he climbed behind wheel of his “track inspired” Ford Shelby Mustang on a wet road, the judge said. However, the jury rejected his claims that his driving was not impaired.
The judge said witnesses had heard Courtney gunning his engine and accelerating harshly before he lost control. Justice Swift said he believed that such a car required 100% concentration even for a sober driver, but he lost traction on the slippery surface because of his inability to control the car. Instead of stopping, he continued to drive and the inevitable happened.
Justice Swift noted Courtney’s persistent lies throughout the case, which were repeated under oath and to social workers ahead of sentencing, indicating that he was still in denial about what happened, and his continuing efforts to evade the consequences at every turn.
“Whatever has been said about your glittering career in the law, your behaviour here was shameful,” the judge told him.
He described how the Schuberts lives had been turned upside down, with Richard Schubert in constant pain for the rest of his life.
Although Justice Swift acknowledged that Courtney has destroyed his own life and career, it was nothing compared to what he had done to the Schuberts. He said Courtney must now bear the consequences of his own life and that his wife’s family and friends would need to rally around her.
With no legal precedent locally for the offences that Courtney committed, which included two counts of inflicting grievous bodily harm and reckless driving, the judge based his ruling mostly on comparative cases and UK guidelines, as well as some local death by dangerous driving cases in this jurisdiction.
With no mitigating factors to speak of, the judge started at two years and increased the sentence to three as a result of the numerous aggravating factors and said there were no grounds to suspend the jail term.
During the delivery of the sentencing ruling Courtney appeared resigned to his fate but his wife was again in significant distress. As the prison officers led him away, Courtney reassured her that he would be fine and that he loved her.
Under the new conditional release law, Courtney will serve 60% of his sentence before becoming eligible for parole.
As the case concluded, the judge also raised his concerns that Courtney has another unresolved driving offence for DUI that remains in the Summary Court dating back some five years. The judge asked the crown to research the case and find out the reasons why Courtney was on bail for an offence from 2011 when he committed this offence in January 2015.
Courtney is also charged with leaving the scene of an accident in this most recent case, but although it was an aggravating factor in the current sentencing, it is a summary offence and therefore will be dealt with in the lower court.
I sincerely hope that all of the commenters here who are using words like ‘scum’ and ‘cretin’ etc can say, hand on heart, that they have never got behind the wheel of their car after having a few drinks. I’m sure that some can, but I suspect that the vast majority will regularly have ‘a few beers’ and drive home. It’s just what people do in Cayman, expats and locals alike. You can blame the taxis, lack of decent bus service or whatever you like, but there is a massive drink driving problem on the island. Perhaps this case will serve as a wake up call for a lot of people. A similar thing could happen to any of us, at any time. I, for one, won’t be pushing my luck any more.
Take a damn cab if you want to get liquor end up at brunch.
You got what you deserved.
Even a week in prison is hell.
He will suffer and be humiliated.
Anyone remember the case back in the late 70’s, that a Caymanian man who was racing passed cars in front of Royal Palms? He hit a west bay girl and took her leg off which caused her to die? It took a long time to find her leg which flew across the street into the bush . That driver was given one year and was out in 9 months. I was in jail with him , he used to get out of jail at night to visit his girlfriend .
I have seen for many years that not everybody is treated the same . But he didn’t loose his job when he came out of jail , he was not drinking when the accident happened. I don’t know if the insurance company paid. Most of the time they don’t unless you have money to last a long time in court where you have to keep paying the lawyer for the term of the case. If someone does the given time of the court , why shouldn’t they be able to work in their field? He I’m sure didn’t wake up that morning with the plan to hit people on 7 mile beach road. So if it happened to one of us or our friends or children, would we want to burn him at the stake? Surely anyone could see how frighten this man was when he ran away from the scene . He sobered up fast then. Have a little compassion Karma can slap you in the face the same way.
Reading the comments on CNS is for me, at least, quite disturbing – a truly horrible incident but followed by so much hate directed at the culprit. To me it smacks of a mob mentality. Don’t get me wrong, I loath what he did, any decent-thinking person will, but to focus that revulsion on him to this extent seems somehow not quite right, and in doing so we take away something from who we are, surely?
why there is so much hate ? Ask anthony eden. He started it.
So sad the Schberts now need to suffer for the rest of their lives in pain. So sad Cayman tourism need to be affected in a negative way again .
The poor schuberts are probably average working class people who cannot affort to pursue the Lawyer to be compensated financially for some of their medical bills, lack of being able to work, and all the trauma and pain and suffering.
That is the COST OF ALCHOHOL in this country . And it seems like you cannot fit in at the office and be Different if you are not socializing with alcohol like everyone else in the office. Well for those of you non drinkers , you can clearly see this is one problem you wouldnt ever have in life: Drunk driving
Alcohol has cause more social problems and suffering then any other drug in the world
yet so many see it as so cool and cannot socialize without it
Yes, he is what you read he is. So let it rest. He has his sentence. He will do his time. Now, stop the hate messages. His family, especially his wife, will need to reset their lives. Is there anyone on this island who actually stands behind the “Christianity” on which this island is “Founded”?
Eleanor, peace be with you.
Simon, you are a devout atheist, I pray you will find God’s love, compassion and forgiveness, but it is your first step. Take it. Admit, ask for forgiveness and start a new life. This is your ‘bottom’, know it.
Cayman friends, please step up, show who you are.
Life is full of choices. When we make bad choices, we unfortunately have to live with the consequences of those choices. This is the message I get from the honorable judge.
Just call Saul
This man should not be in jail. His drivers license should be revoked indefinitely and allowed to continue working in cayman sof he can be made to pay for all the treatments that couple will need relating to that accident for life and on top of that receive all (if any) salaries lost and a large payout for emotion and physical harm. This man will be in jail living off of our tax dollars while that couple still suffer and probably rack up a huge medical bill. That couple nor this country wins when you look at it.
If he could afford to have brunch at the Ritz every Sunday (as previous article suggested) I am sure he can afford to pay the medical bill of the couple he mowed down!
can Cayman please get a few more judges like Judge Malcolm Swift?
Internet forums are the modern day version of public stoning.
People are frustrated at the lack of justice in these islands and the discrimination that abounds.
Wot?
There’d be no complaints from me if internet forums were banned and public stoning brought back.
Hope the courts didn’t believe that he only had “one bottle”.
Response to 8:45 a.m. I think people are incensed over the fact that this despicable wretch should have known better, especially after the first Drink/Drive charges. He is despicable in any society – has nothing to do with being an expat, being white, etc. Has to do with the fact that the cretin severely injured two people, fled the scene and left them to die, lied about it under oath, and then pulled the “my wife is sick” card to garner sympathy. Had this vile creature shown any remorse, fessed up to what he did, and tried to make up for fleeing the scene of the accident, people would have shown much more respect.
I love the word cretin. I am going to incorporate it into my daily vocabulary. Its fitting for this chap.
Incensed and hate often go hand in hand
Nothing wrong with a little hate once in a while.
People are entitled to be incensed for all the reasons you mention. However that does not explain all the references in posts to his status, his job and his supposed wealth. His appalling behaviour being used by a number of people to justify their prejudices unfortunately.
To sum up:
I have just noticed a lot of frothing at the mouth and pearl clutching in this case and I think it’s a little over the top.
He was convicted. His life is messed up. Some people seem to be rooting for the breakup of his family. Lots of comments about his car. That’s all. He’s guilty and he’s being punished. He had a nice car and some money. So what?
Any news on the lady that mowed down a phillipino woman a few years back by the Hurleys circle? The mortally injured lady got shipped off the island cuz some enterprising sweetheart employer hadn’t supplied her health insurance. She ended up in some slop hole medical facility in Hondouras where she finally died. Any news on that? Any suggestions from the gallery on a public stoning of the driver. Let me know cuz when you’re ready I’ll introduce the event with a spirited “Let the hate begin” peace
This put a big toll on her life you cant imagine, she suffered alot of depression. RIP Lori! Forever will be missed
Not the only filipino that died on the road by car accident. Not the only individual that died. The charges on the guilty were minimal. Maybe this case will set the precendent to bring up the custody charges. One young lady from a prominent family is now free to live her life only got 18 months/. She has her life to live, while the deceased remains 6 feet under.
I am sorry and I hasten to add this is my own personal opinion and you may agree to differ – but this is a lawyer who clearly knew better than to drink and drive yet that didn’t stop him and worse still he fled the scene and then seemingly tried to cover up the real circumstances with lies. In my view lawyers and police should be held to a much higher standard than other members of the public, especially when they lie on oath.
True, but we ALL are responsible for ALL of our actions. I’m just saying that the hate level expressed here for this white foreign lawyer (3 strikes) is so high that the hate spewers don’t even understand why they’re in a hate frenzy.
The drunk woman who killed the Filipino pedestrian that worked at Blockbuster by Hurleys, she herself died of a heart attack in Honduras, well over a year ago.
Thanks for the update. Is the non-healthcare providing emplorer still with us;-)
Blockbuster has die as well. I see gods hand at work here.
According to the Compass Mr. Wonderful applied for permanent residency – as if this is the type of permanent resident the Cayman Islands require. You would think that the cretin would have learned after the first Drink/Drive charge.
You are funny. There are soooo many absolute drunks living here. Sons o the soil, and papered people. This guy is just one of THOUSANDS.
You are absolutely correct that there are many, many drunks living in the Cayman Islands, sons of the soil, expats, legals and illegals, etc… Doesn’t mean that Mr. Wonderful should be added to the list… Like you said, there are more than enough. He can take his drinking problems back where he came from.
I don’t think they’re considered problems in Australia.
Given the number of PR applications that have been granted in the last 2 years perhaps you can clarify exactly what type of person Cayman does want as a resident – looks to me like it makes no difference to PR if you are Courtney or Mother Teresa.
Headline should read “Scum Bag gets 3 years” or perhaps, “Not looking so pretty any more in the new photo are we now Simon”…
“Vermin gets 3 years”.
Gods handiwork gets 3 years
Poopy-face, toilet butt diaper head gets 3 years
Great photo isn’t it? I doubt that’s the one he’ll want posted on Linkedin.
Good Caymankind Justice.
And based on the judge’s name, I would say this is a good example of Swift Justice!!!
Really Anon @ 3:13p!
The seem ‘cayman judiciary system’ that the story say the judge had to ask why dem not deal with this man case from 2011? Is dat one you heeping up praises bout?
Just another day in Paradise. Be thankful a bank wasn’t robbed.
Hey Courtney – See you next Tuesday.
Classis case of an alcoholic in absolute and complete denial of his alcoholism. He is the epitome of self-will run riot. He is lying to himself about his addiction, lying to others about the consequences of his addiction, and evading an honest and forthright accounting for his actions. Pray that he receives wisdom in jail to step on the road to recovery and make amends for the wreckage of his past.
Time for all brunchers and others to think again when tempted to drive after a few…and quite right too. It is frankly lack of policing and successful court cases that encourages people to believe they can get away with drunk driving
Now let’s wait and see if our gracious nonpartisan immigration department will grant further work permits to this felon who now has a criminal record. Sorry, he can submit an affidavit of no conviction.
Oh really…give it a rest! I believe that is not possible and hasn’t been for some time.
But our local police openly admit to giving clean certificates relating to convicted criminals to immigration, falsely contending that spent convictions are none of immigration’s business. Imagine that.
Well, if the time limits are the same as the UK, he is looking at his conviction being “spent” seven years after the end of his sentence – think your concern is a little misplaced, quite apart from the publicity attracting to this case.
Nothing gets spent for immigration purposes. Despite clear court pronouncement to that effect the police simply seem to ignore the law.
Someone offer that judge a contract, these are the kind of judgments we need! Well done to the witnesses and jury.
I agree, think before getting behind the wheel. But also, make cabbies more affordable. They are a ripoff so people would rather risk it than call one of them who will take advantage of the state of the person for more money then call the cops when you argue. $30 to go 4 miles, F off.
I am curious. Were charges ever brought against that driver who knocked down the teenage male visitor, near the entrance to the Marriott last year April? The young man almost died due to severe brain injuries and other trauma. He is still in a wheelchair even now. I don’t recall hearing anything further on that case. As far as I recall, that also involved an intoxicated driver. As a result of that occurrence, a cross-walk with blinking lights was installed in the area, which had long been considered dangerous due to poor lighting conditions.
Canover just got a cell mate!
Jamaican clairvoyant Miss Cleo, who knows a thing or two about jail time, foresees the following:
1. He is granted bail pending an appeal.
2. Wife gets sicker and requires treatment off island.
3. He gets passport back to accompany wife.
4. They never return to Cayman
You hit the nail directly on the head. That is exactly what will happen and to add to this, he will end up getting a new job as a commercial lawyer somewhere else in the Commonwealth such as Australia or New Zealand etc….
The next accident he gets into as a result of DUI……… in one of these far away countries, he will likely end up killing an entire family on the road.
I understand there is a certain liquor license premises on South Church Street, where on the weekends, many white collars in society including certain police officers, all go and get plastered drunk and then hit the road with their stupidity.
One such police officer (senior in rank) was so plastered drunk in his SUV about two years ago at this particular establishment, that he reversed into another vehicle in the parking lot and caused significant damage. But luckily for him, it was his drinking buddy vehicle and so it was settled very quietly in the parking lot.
I actually saw the vehicle damage on a cell phone from a former police inspector who got it from another party – after the fact.
I hope they bring a Civil Suit. Arrogant lawyer.
Relevance of his profession?
The relevance is, as an officer of the court, he is held to a higher standard of conduct and was fully aware of the reprehensible conduct that he exhibited.
What drivel. That conduct was reprehensible whoever did it. Anyone would know it was wrong. You don’t need a law degree for either.
Would you suggest a paramedic should have a higher standard of culpability for stabbing someone than anyone else? An accountant for a street robbery? An expert on etiquette for swearing at someone?
Or was it just that you thought “arrogant” was an appropriately stereotypical adjective to apply to a lawyer and that (for some reason) that should also make a civil suit more appropriate? Pretty lazy, indeed (dare I say it) arrogant, ‘thinking’.
Throw rock in pig sty, the one that squeals is the one that got hit….
Wibble.
What about these other cases?.
1:59…….your a bone head
you’re*
Thank Johnny come Lately. But you gotta admit, I called it.
sentence is too little…..hope they tack on more for other offences still in the process.
Hopefully the civil suit will be filed soon.
I will be filed shortly, but guess you pays out the settlement ?
Our local insurance company that you and me are insured with. (I do know that local insurance companies are re-insured elsewhere)
It will be “a huge settlement” and we all will pay for his actions, as per the settlement that is awarded to his seriously injured victims. If any local insurance company get’s hit big time, we all pay for it, regardless if we are involved or not.
Simon Courtney will be deported from the Cayman Islands and then goes to another country where no one knows him and he starts over with a clean slate, while you and me will have an extra $150 CI added to our annual car insurance premiums, due to insurance loss.
Life can be so F&%$^&* unfair, when we have to pay from your own pocket, for the unlawful actions of others.
Actually if you read your insurance policy it has more than enough get out clauses to duck this one. To start off with leaving the scene and not reporting the incident to RCIPS. They won’t pay out a penny unless their lawyers are as f***ed up as he was.
Caymanians have killed while driving drunk and received a lower sentence. Appeal sir! They all do it.
But Caymanians didn’t make him do this despicable crime though so stop being bias and pointing fingers mate.
That is because it would not be their fault and some foreign person would be blamed.
Interesting that a 5 year old DUI has not yet been dealt with in Summary court. I wonder why.
Local connections?
Incompetence, nepotism, corruption? I know longer care which. All that is clear is that the system is a joke.
HighEst praises for cayman judiciary system! A system that is meritted and founded on law-no matter who it is! Praises to the chief justice for attracting high quality judges and running a very high standard judiciary! He should be annointed as the caymans are a exceptional example for otherss to follow. Keep up the good work…..
Now we want justice in Cayman Brac for the “protected” one who ran his mustang into the liquor store here with his young son in the car. We in the Brac are watching this closely as the marl road says that he wont be charged. This will not be justice as the last person to run into that store was charged.
Another Mustang! They should be banned. Like Hummers and Mini Mokes……..
Are you kidding?! Mini Mokes are awesome!
Mini mokes are illegal in Cayman, Mini Coopers are not. Big difference.
No one said anything about Mini Coopers, which I agree are great cars for secretaries and hair dressers.
If they don’t have a Miata
Who is the “protected one”. If he did indeed run his Mustang into the store, you should have no problems naming him.
It is not only God who lights the way!
After his jail term deport him immediately!
Could this have been prevented if the courts had done their job? How is it that there was case pending from 2011 that he was on bail for?
What a detestable excuse of a human being this Courtny is!
Thanks Justice Swift and others involved to bring about justice!
RCIPS needs to arrest and press charges against the driver that killed Tony Moore. No doubt they have already identified that person, despite claims to the contrary.
Justice has been served. Tourists lives matter.
This seems like a fair sentence under the circumstances of the offence. There should also be some consequences for the prior unresolved occurrence. Perhaps had that not been postponed from 2011 (for reasons unstated), Mr. Courtney may have learned a lesson and avoided/prevented the horrible injuries to The Schuberts.
Unfortunate event, another good professional that fails to deal with success. Got a good job, makes good money and suddenly God’s complex kicks in. a non sporty person that balance his lack of fitness with a race car that have no space here in Cayman, at all. a teenage Bratt-like behavior that suddenly smashed several lives, his, the one of the people that surrounds him and above all the one of two innocent.
I trust that this served as a lesson to us all, if you drink, don’t drive and if you dont know what to do with your money, donate some.
Or in good old plain English a complete w**ker.
Deportation order made?
There is absolutely no reason for harsh words to be hurled at Mr. Courtney and his wife. His nationality doesn’t matter – all we have to know is that he is a human being! It is obvious that his actions were wrong (no doubt there) and the judge has made his sentencing accordingly. Let us each realize that we have each made mistakes even if not like this – we are not perfect. My prayer is that both victims recover 100% and may Mr. Courtney and his wife get through this difficult time as well. It is a really sad situation! No one wins!
There are many reasons to hurl harsh words at this jackas@. He almost killed two people and had such little regard for their lives that he left them at the scene of the accident. One would think that an attorney would know the consequences, yet he felt so superior that he just walked away.
So, what do you care? What’s at stake for you?
I drive the same roads. My family drives the same roads. What do you think dummy?
I think I like that name dummy.
No reasons for the harsh words to be hurled??? Dumb dumb says what? There is every reason to hurl harsh words at Courtney – he left two people to die because he chose to drink and drive. He is a cockroach without a conscience!!!
How dare they offend all those posters and talk show hosts with pronounced shoulder chips by displaying a white Englishman in handcuffs……..
He’s Australian
The crash will affect the poor victims for the rest of their lives and he gets 3 years… He got off lightly!
Not as lightly as some others who killed people, some of whom still haven’t been tried yet. Of course he ran over tourists – different standards depending on the victims.
I’m glad the Judge took a sensible approach to this and saw through the various lies told by Mr Courtney from the date of the accident to the trial. Clearly, given he was previously caught drink driving he had no intention of taking responsibility for his own actions. Unfortunately he has now ruined his life and that of his wife. Let this be a lesson to others who regularly drink and drive.
Mustang going cheap on ecay? I’ll take it!
Can we deport them yet? Certainly, the wife will have to go and then him once he’s out?
I Agree 100 % this is a criminal offence he is sentence to 3 yrs any other nationality would be deported so …. Start packing asap
He is a good candidate for deportation — he is apparently a repeat offender.
Sorry – what was she convicted of? Please remind me
Bad life choices and harboring a loser?
She is a dependent on his work permit. So if he doesn’t have one due to having a criminal conviction and therefore his current one is removed, then she has no legal rights to be here other than as a visiting tourist.
I think human rights would say that she can’t be kicked out as she has done nothing wrong and that would be separating a family.
Whoopee! Bring on the hate.
1:59, your stupid remark implies that it irks you that this isn’t a Caymanian getting this sentence, so you could make your probably usual hateful remarks. But now that the shoe is on the other foot, you can only muster up the above. So sorry, this story doesn’t fit the narrative you would prefer. May he serve every day of the sentence, after all, he deserves it!
Yeah. Like that. All I said was bring on the hate. Thanks for complying. Have a hateful day/week
Anonymous, how can you say bring on the hate? This drunken man decided he could drive in inclement weather with a snout full of champagne and plowed down two people and the judge sentenced him on his behavior, now you want to cry “hate”. How dare you, is he any better than those that were injured.
What’s your point?
Hell yeah. Cos now we have to feed the ba*tud for three years.
Cmon. You can do better than that. He’s rich and successful. Tell us how you really feel.
Like I said.
CNS can we please have a middle finger button? Pretty please
Sorry……. but CNS can’t create the “middle finger” on their website as they would be ‘aiding and abetting’ the offense of Disorderly Conduct.
So you feel he doesn’t deserve the sentence? What of the Schuberts and the lifetime of pain?
I don’t believe I said that.
I have just noticed a lot of frothing at the mouth and pearl clutching in this case and I think it’s a little over the top.
He was convicted. His life is messed up. Some people seem to be rooting for the breakup of his family. Lots of comments about his car. That’s all. He’s guilty and he’s being punished. He had a nice car and some money. So what?
Any news on the lady that mowed down a phillipino woman a few years back by the Hurleys circle? The mortally injured lady got shipped off the island cuz some enterprising sweetheart employer hadn’t supplied her health insurance. She ended up in some slop hole medical facility in Hondouras where she finally died. Any news on that? Any suggestions from the gallery on a public stoning of the driver. Let me know cuz when you’re ready I’ll introduce the event with a spirited “Let the hate begin” peace
There is no hate. Do not be so spiteful. Simon made on hell of a mistake. He knows that, I know that and you know that.
This is all about justice and the rule of law.
I sincerely hope that Simon is a better person for this and that his wife gets the treatment she needs.
There is no hate. Hate is for haters.
Its always positive when a lawyer is held accountable after trying to trick the system
If playas wanna play, haters are entitled to hate.
Get over yourself sweetie…humility is for us all.
Simon has been humbled.
Bring on the hate?? Why that question?
You sound like you and Courtney are in the same boat……….ie a conceited, cynical, egotistical piece of flesh concerned only with “ME”!
What a pity they didn’t charge those who shielded him all nite so he could present somehow sober to Police some 24 hrs later!
Hope this is a wake-up call for all attorneys who plaster their faces every nite……..and next day still wearing the same smoke-filled clothing and reeking of last nite’s drink!
Enjoy cause we spend $75K on each prisoner…….not bad for someone who doesn’t value others
Actually you’re the one that seems overly concerned with ME.
Why are you people running away from admitting you have hate in your heart?
Own it darling. You’ll never get over it until you own it.