Guilty cop walks free in assault case

| 28/03/2017 | 63 Comments
Cayman News Service

PC Michael “Bobby” Peart

(CNS): A senior police constable who was found guilty of assault causing actual bodily harm on a suspect following an arrest walked away from court on Tuesday without any sanction and was handed an unconditional discharge for his crime. Although Michael Peart was found to have beaten the man arrested at a traffic stop with his truncheon in the back of a police patrol car and treated him aggressively at the police station, he has not been punished and the RCIPS confirmed that he is now back on the beat.

Peart is the third officer in the last three weeks to have avoided any legal consequences after having been found by the courts to have abused his power as a police officer, using excessive force in an arrest, and been less than honest about his evidence during trial. In Summary Court last year, Peart denied the allegations that he had assaulted the suspect but medical evidence and CCTV from the police station supported the claims by the victim and he was found guilty.

A change to the police legislation has paved the way for the police commissioner to dismiss any officer found guilty of a crime. But the three officers convicted of criminal charges are all back on the job in positions of power due to the decisions by magistrates not to record those convictions.

Following the decision of Magistrate Angelyn Hernadez, Chief Inspector Patrick Beersingh, who heads up the RCIPS Uniform Branch said, “On Tuesday 28 March 2017 SPC Michael Peart was unconditionally discharged by the court and no conviction was recorded against him. As a consequence, SPC Peart will be returned to active duty with immediate effect.”

Earlier this month Cardiff Robinson and Austin Etienne also walked away from court without any sanction or recorded convictions after they were found guilty of assault when they tasered a suspect twice during an arrest in East End. They have also been returned to active duty.

Tags: ,

Category: Crime, Police

Comments (63)

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  1. Anonymous says:

    9:21 am sounds like you had a bitter cayman experience, don’t take it out on every caymanian it won’t solve your problems or make you happy , people have a right to their own opinion right or wrong , judges do get it wrong sometimes, this case could come across this way, but bear in mind everyone provocation is a strong defense

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  2. Anonymous says:

    Only in the Cayman Islands………bunch of foolishness this islands is just for the Jamaicans!!!!!!

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  3. Anonymous says:

    I am very upset at this ruling. It is a slapped in the face to the Caymanian people. The juridical system has once again failed their people. Apparently, we do have good cops and corrupted cops on the force and this one was guilty as hell and got away with his unscrupulous actions! I just cannot believe that this cop is back on the force. His actions was unjustifiable and unprecedented or unethical to say the least. Caymanians stand up for your rights and sign a petition to have cops like these callous ones who abused the citizens be removed from the force indefinitely.

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  4. Anonymous says:

    NO SIR!!!!!

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  5. Anonymous says:

    Listen to all the bitter Caymanians getting butt hurt… I applaud 9:21 am for hitting you all with the truth! 6:09 pm, in our country, we say “MARGA” too and that is how I personally type it when I am trying to get something to sink in. Don’t understand broken English?

    By the way, how dare you try to correct someone’s spelling when your grammar is all over the place? LOL…

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    • Anonymous says:

      “How I personally type it when I am..” ?? Hhahaha.. Great Grammar there old boy. Not! Full-of-self much in “your country” I guess?

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    • Anonymous says:

      It’s okay to speak in slang, but when writing, one should always be proper.

      After all, not everyone reading your post speaks your slang.

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    • Anonymous says:

      Leave the country if here is worst than yours. Xoxo

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  6. Anonymous says:

    If he had been white he would be in jail.

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    • Anonymous says:

      Usually, these sort of comments are way off; but this time in this case I do think you are absolutely right…says a lot really.

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  7. Anonymous says:

    Thank God we have good officers like Bobby! The guy involved is a known punk and gang member he needed a good beat down, now he crying like a baby chhhh take big man licks

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    • Anonymous says:

      Question: Do you think that given these young men’s past, their up-bringing which is usually one of violence and neglect, that excessive force is going to make anything better? Unfortunately; violence, excessive force, anger and hatred will not help these already angry, hateful and confused young men.

      If you do not have heart, empathy, patience, discretion and understanding, then you should not be a police officer. “We listen, We act, We care” Oh, do you now???

      So many officers today in Cayman are full of rage and anger; the neglected youth become easy targets don’t they!

      Lastly, let me be perfectly clear; I do not condone the behavior this young man seemed to exude, I just don’t see the point in responding in his kind! It will not help him or your cause.

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    • Anonymous says:

      You’re quite right. Not sure why we should bother with courts at all. Let us know who else you think needs a good beat down and we’ll sort them out too.

      PS Going forward, would you prefer to be know as ‘The Dear Leader’ or ‘The Fuhrer’?

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  8. Anonymous says:

    Caymankind

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  9. Anonymous says:

    I wonder if he would have been given the same ruling if it was a woman/or his partner???? Because that’s the message the courts are portraying here; that as long as you are a cop its okay to assault the citizens that they are paid to SERVE! >.>

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  10. Constable Brown dem caall mi boy blue says:

    Nothing wrong wid a proper assin for some of these think ya tuff punks but taser’s are execessive especially when misused by those in authority.

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  11. Cayman Mon says:

    There should be more Michael Peart in the police force, then you would watch and see crime go way down! You can’t have it both ways people, for far too long the criminals have had a free reign.

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    • Anonymous says:

      Yeah, I just read about a guy who got off completely even after being caught on video assaulting a guy in the back of his car! OH WAIT.

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  12. Knot S Smart says:

    I know this guy. The nicest, calmest, and most gentle policeman I have ever seen. It takes a lot of aggravation for his calm to be breached…

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  13. Anonymous says:

    This is nice I knw which case reference I will be calling if I get in trouble cause u knw this is not rite and wa good fa them shud be Gud fa us Cayman if it was us they would have deh on remand now

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  14. Anonymous says:

    Once you allow lying under oath to go unpunished, the legal system really has anymore use.

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  15. Anonymous says:

    He is one of the best on the beat. This is a cop you want out there protecting you. The scum who got ‘abused’ gave much worse than he got!

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  16. Anonymous says:

    We have street justice

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  17. JG says:

    Disgusting.

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  18. Anonymous says:

    Goes to show that the police are above the law

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  19. Anonymous says:

    As an ex UK police officer I cannot understand the mentality of the Cayman judicial systym. The taser incident short term of imprisonment for both, the assault ABH, short term of imprisonment and all sacked.
    How can officers technically found guilty of crimes of violence give evidence as arresting officers, any good solicitor/lawyer will crucify them in the box.
    All three have totally discredited your police service, maybe the current commissioner needs to show he will not tolerate wrong doing and not re new the contracts.

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    • Anonymous says:

      The degree to which the Cayman judicial system delivers injustice is of paramount concern. Does judicial performance commission review individual cases of judges? How regularly the performance of judges is reviewed?

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    • Anonymous says:

      9:47 pm Hold your breath, being caymanian is a bad word. When will our people get justice like the others? Sad state of affairs.

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  20. Anonymous says:

    Yup.. So just setting a pattern for all rcip officers that it is okay to assault… No conviction will be recorded and they will return to work. Doesn’t surprise me given the commissioner is also a foreigner but when a Caymanian officer was found guilty of bribes and sent to prison they said it was to set an example. Yup some example they setting….

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    • Anonymous says:

      Peart = Caymanian

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    • Anonymous says:

      Taking bribes is illegal ….. You do realize that?

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      • Noneyah says:

        Yes it is illegal, but you are missing the point. Whats good for one is good for all. The officer supposedly took a bribe he was found guilty and sent to prison. Peart assaulted someone was found guilty but got an unconditional and absolute discharge. Isnt that disparity between jsutice. The law was broken in both cases and were both found guilty. Thats the point being made.

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        • Anonymous says:

          Big difference is the one that went to prison is born Caymanian. So is the court saying that paper Caymanians get preferential treatment? Just trying to make sense of the judges ruling. Peart was found to be dishonest under oath? Makes one wonder, if he though he could get away with lying in court what else has he lied about? Will he a credible witness in court cases going forward? Is this the way the RCIPS are trying to gain the trust of the community? Lots and lots off questions…..

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    • Noneyah says:

      Not only was he sent to prison for 3 years, he lost his job and reputation, the last three officers should have went to prison. Oh well another day in absurdistan! The magistrates and judges need to be assessed regularly because the way the deal with justice here is clearly unbalanced!!!

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  21. Anonymous says:

    We are all equal but police officers are more equal than us.

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    • Anonymous says:

      Correction- Jamaicans that is running Cayman Islands police force seems are the ones that are above the law.

  22. Anonymous says:

    One for the good guys.

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  23. Anonymous says:

    so commiting purgury is ok if your a cop? how is any jury going to beleive his court testamony going forward?

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  24. Anonymous says:

    I am happy with this decision. Look people, police officers here in Cayman have been abused for too long by members of the public during arrests, traffic stops etc. Its time the public understands if you’re disorderly or threatening in any way, the officers have a right to use whatever force they deem necessary to calm the situation and get an individual under control. What you think is excessive force may not be, as everyone has an opinion of what that actually means.

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    • Anonymous says:

      They taser a man in his back while he was laying down on his stomach, while his hands was handcuff behind his back. What more control you want than that.

      You will have your opinion but until it happens to you, you will not understand.

      Example: imagine getting pulled over in the for a tail-light not working due to a blown bulb, and a officer pulls you over, then he tells you that they want to perform a breath – test, and you ask why, they will turn to you and say cause they are the police and if you refuse they will arrest you and lock you up….. as you can see how a simple blown bulb can quickly escalate into resisting arrest and then the officer will use that term to use any type force. And since they court are backing them for assuring they will use more often.

      Justice for one, justice for all. The court system should treat every person the same!!!!

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    • Anonymous says:

      yes but these are cases where they are going above and beyond. this is abuse. but they are above the law they work for.

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    • Anonymous says:

      Correct! No truer word spoken. Police Officers in Cayman, both men and women have been abused for decades! When a criminal is arrested I can assure you it’s not the end of it. We have been cursed, kicked and spat in the face by these so called law abiding citizens. People don’t know the half of what we have to put up with. I know because I have been subjected to this abuse. I used to patrol the streets of Cayman and was very proud to be here to protect the people of the Cayman Islands and that’s what we shall do to the best of our ability. We are only human and can only take so much abuse. We are trained to protect and serve and that is what we are going to do. Abide by the Law and Northward would be turned into the next Spa Resort not full of so called Law abiding citizens. I commend the Commissioner and all serving Police Officers.

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  25. Sir Thomas says:

    The man lied under oath and is now back on the beat.

    Commissioner, if you read this article and have an ounce of accountability in your bones, you will terminate his contract without hesitation.

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    • Anonymous says:

      first of all, he is Caymanian so he is not on contract. Second, having been married to a law enforcement officer who has to go home part way during a shift or walk with a second set of clothing just because someone will spit on him or throw something on him – how he never buss their ass yet is kudos to him. Criminals get all the right and even some judges get it wrong but I think the officer deserves the decision in his favour. We dont know all the facts or the reason the judge made the decision she did but we all have something to say. We are all experts now. Try being a cop with all these criminals running wild and trying to cause you your life and see how you like it!

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      • Anon says:

        justifying an exposed lie, especially when it concerns an officer of law enforcement, is troubling.

        Read that again…

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    • anonymous says:

      And then you want protection from the same cops that you are bad mouthing, you are all pathetic.

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      • Anonymous says:

        Seriously?! What a sad bunch of morons. You do realise we pay the police right? To protect us right? We shouldn’t have a say in how they go about doing that? Even the damn criminals deserve their day in court. Why they beating people up? Wait until they shoot someone you love. I hope you come with the same stupid rhetoric.

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        • Anonymous says:

          Shut your pie hole UP! Spoken like a true Caymanian who is so full of wrath. The Gov pay the cops, NOT YOU! Hold your marga horses and stop claiming everything, including the cops. Let them do their job. Caymanians have NO respect for anyone, not even themselves.

          Ya’ll come at me now. The cops have a right to their job and protect themselves while doing it.

          I bet you are a drug dealer, child molester, bank robber, low down criminal or you have family members whoa re all those things so you definitely won’t see the big picture here and you definitely won’t respect the cops but guess what? The cops are in authority; not you.

          PROUD EXPAT!

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          • Anonymous says:

            9:21 am, you say the Govt. pays the cops and not the guy in question,, we all pay the cops, we are the govt, ,we pay taxes/duties to govt, , to pay the police and the rest of C.S.. How stupid to say the Govt. pays and not you .Be a fool sometimes yes, but don’t make a career out of it

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            • Anonymous says:

              HUSHUP! Deranged Caymanians. I agree with 9:21. You guys are a bunch of lazy losers with no respect and hate to be corrected.

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          • Anonymous says:

            You’re hilarious to talk about wrath and disrespect.

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          • Anonymous says:

            Get out of here, the law is the LAW, how can assault be legal because he is a officer? Scum like you and him need to get out of here you only hurt my country, and the word your looking for is “meager” not marga smh.

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            • Rick says:

              You do realize that was a deliberate misspelling, right? And great spelling too. I know exactly why the writer did it.

          • watchabak says:

            You are the type of person who needs to be expelled from Cayman by any means necessary.

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          • Anonymous says:

            anon 921 actually she does not but they only answer to her. their salaries are paid as government civil servants..

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          • Anonymous says:

            One word – UNEDUCATED!!!!!!

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        • Anonymous says:

          We pay them to protect us from punks like the one who got the beatdown

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