Jailed hit-and-run lawyer awaits appeal decision

| 10/03/2017 | 43 Comments

(CNS): Simon Courtney, the former corporate lawyer convicted of causing GBH to an elderly couple visiting Cayman in 2015 when he crashed his souped-up Mustang near the Ritz-Carlton, appeared in the Cayman Islands court of Appeal Thursday. Courtney appealed his conviction and, if that fails, his sentence. After a full day’s argument presented by his defence counsel, Laurence Aiolfi, the jailed offshore lawyer will now have to wait on the decision of the three judges as they reserved judgment without setting a date for delivery.

The appeal court ends today with the ruling in a civil case, but the judges are expected to deliver their findings on Courtney’s appeal in writing.

The 51-year-old lawyer was convicted in July last year after a jury trial in Grand Court. At the time, Justice Malcolm Swift, the trial judge who handed Courtney a three year jail sentence, said he had been convicted on “the clearest possible evidence”.

Courtney ploughed into Cathy and Richard Schubert, who suffered dreadful injuries, when he lost control of his sports car on the West Bay Road after a champagne brunch at the Ritz-Carlton, Grand Cayman when he was drunk and then fled the scene.

Despite the findings of the jury and the judge, Aiolfi, from Samson & McGrath, argued that there was no clear evidence that Courtney was drunk and that the judge had led the jury towards that conclusion without supporting evidence. Presenting a long list of grounds of appeal, the defence lawyer also argued that there was no evidence of intentional recklessness and that not enough consideration had been given to expert evidence about the manufacturing flaws in the car’s wheels and the conditions. Aiolfi also submitted that his client’s jail term was excessive, as the judge placed the offence in a higher category and so the starting point was too high.

At the time of his conviction and sentence Courtney had been on bail for another speeding and drink driving offence following an early morning stop when he was driving a Porsche. He was later convicted in Summary Court and he has also appealed that ruling by Magistrate Valdis Foldats.

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Comments (43)

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  1. Anonymous says:

    What difference if he spends 1 year or till he dies to the people he hit? I say 1 year and get back to work and pay the people for the damage he did TO THEM. They will win if they are paid for the rest of their life. He has caused them pain and suffering . Jail in Cayman is a joke all prisoners do there is smoke weed and play dominoes in their air conditioned cells. I think people need to understand that is why we have so many criminals repeating crime. Jail here doesn’t work. Pay the people ,he should pay millions of dollars in pain and suffering.

  2. Veritas says:

    All these demands for an increased sentence, where were these people in the celebrated Caymanian hit and run cases. Hit the expat but not their own kind.

  3. Kadafe says:

    I don’t agree it’s what this guy did, he should have owned up to his actions And faced the consequences, it appears that he has no remorse for his actions that has affected this couple for the rest of their lives, but it does leave the question, how in other recent cases does someone hit and kill a man on a bicycle, then runs from the scene and repairs his car the next day to hide it, gets no jail time, then in another case man hits guy on bicycle, runs, guy that got hit looses his leg, man that hit guy get one month in jail? What standard are they following exactly?

    • Diogenes says:

      Cannot agree more. This guy is a prime example of people who should be held to account. But it undermines the perception of justice when the sentence he gets is way out of line with others whose conduct and the consequences are as bad or worse. God forbid he now gets a reduction because others have been let off the hook.

  4. Anonymous says:

    They should increase this a**holes sentence for straight up lying, fabricating and frankly, just being the biggest prick on earth. He has shown zero remorse throughout this whole trial and is obviously sick in the head.

    • Anonymous says:

      He is more honest that the defendants who claim to find god immediately before trial or sentencing.

      • knotcaymanian says:

        More honest? Not really.

        • Anonymous says:

          Ignore him. He’s basically saying that Simon Courtney is inherently more honest than a Caymanian – despite the facts of the case and his subsequent actions.
          3 guesses for why the poster came to that conclusion.
          No prizes though.

    • Anonymous says:

      here here

  5. Anonymous says:

    @ Datisme and Anon,

    This case extends far beyond a drink-drive incident.

    Tally all the reprehensible facts (and actions) before, during, after and ongoing and it is clear the individual in question is a unrepentant card-carrying member of the club.

    Btw, y’all need to “get outta ya feelinz” as the kids say today. At no time did I limit the contributors of our DDC epidemic to immigrants aka expats.

    Perhaps some of you should remove the us/them filters from your eyes as you analyse the words of others.
    Actually, doing so would immediately reduce many of the pressures tainting this inherently and originally welcoming community.

    – Who

    • Amedat says:

      Breaking News! Worlds largest pot calls newborn kettle black. Get over yourself.

    • Anonymous says:

      Apparently the word “hypocrisy” is not in Who’s dictionary. His response proves the other two earlier commenters had a point, as seen by the “card-carrying member of the club” comment which indicates his them and us attitude is at the heart of the prior post. He is too easy to flush out nowadays is old Who. He really is way off his peak.

      • Anonymous says:

        As my dear mother often says; “You all up in da’ cool-aid and don’t even know the da’ flava'”.

        Next time, before you add your 2 cents to the matter at hand, do try to learn the context and references. Otherwise, you end up looking as you do right now … off peak.

        – Who

        • Anonymous says:

          Oh dear, Who is not the troll he used to be if this is the best he can up with in his desperate efforts to deflect what seems to be valid criticism.

          • Anonymous says:

            I sincerely doubt you would place so much time, energy and focus on a “troll”.
            However, an individual capable of going toe-to-toe with the warped logic and myopic perspective of you and your friends? More likely.

            – Who

            • Anonymous says:

              But when you try to go toe-to-toe you have to have the last word. That says much about your character. But most importantly you need to get past the denial stage on the whole troll thing.

          • Tell the truth says:

            Valid criticism .i wonder if those of the expat persuasion really understand the fires they are creating anonymously and indeed in their daily whispering at the water collets and at the pubs, talking down and ridiculing caymanians?. Listen , how long shall we suffer theee.

            • Anonymous says:

              So pointing out double standards and racist undertones is somehow improper ridiculing of Caymanians? Do tell us more.

        • Anonymous says:

          Ssorry Who, your flavor is well known: artificial black cherry.

          • Anonymous says:

            Ummm … ok.
            Is this a continuation of your ad hominem attacks? How peculiar.
            I guess there really is a lot in a word … or the intention thereof.

            Bless your little brittle heart.

            – Who

  6. Anonymous says:

    It would make my day if the Court of Appeals increase his term by another year!

  7. Anonymous says:

    Can we fine him all his money give it to the victims and pay his bills and and send him home?

  8. Anonymous says:

    This guy is clearly one very sick individual! The Courts should Increase his sentence!

  9. Anonymous says:

    Prime example of the DDC epidemic in the Cayman Islands.

    – Who

    • Datisme says:

      Do you need me to list all the Caymanians that have killed people while driving drunk? The truth is out there.

      • Anonymous says:

        What does caymanian killers have to do with anything, either way your scum if your acting like this lawyer.

      • Jah Dread is back says:

        Go you go on! Yell it , tell it still none have been as callous as he who is the subject of this article.

    • Anonymous says:

      Odd Who does not say that when drunk Caymanians kill in their cars. I take that back. It is not odd at all.

      • Anonymous says:

        Pos Caymanian vs pos expat is not the point. Take
        This pos’s $ pay the victims and send his ass packing.

        • Diogenes says:

          And while you are about it, hand out the same treatment on victim compensation, and similar jail sentences, to those you cannot send packing – especially those connected people who seem to have a free pass to run over whoever.

  10. Anonymous says:

    This man has shown no remorse and as such, deserves no mercy.
    Simon, this world is only temporary. Sort yourself out.

  11. Anonymous says:

    I object to my sentence.
    I strongly object to my sentence
    No, you don’t understand. I’m a lawyer. So i really strongly object.
    But I’m a lawyer
    Can I appeal my conviction?
    But I really strongly appeal.
    But you don’t undetand. I’m a lawyer.
    Can I appeal my appeal?
    But I didn’t do anything. It wasn’t my fault. I wasn’t there.
    Denied, denied, denied.

  12. Anonymous says:

    I bet he gets more than 6 weeks. Wrong Sir name.

  13. Anonymous says:

    As it is at the discretion of the court magistrate to also increase a sentence at appeal, I hope they consider doing that in light of the subsequent second conviction for similar public recklessness and endangerment, wasting the court’s time with this and another pending appeal, and failing to exhibit contrition all-the-while to his obvious culpability and drunkenness.

  14. Anonymous says:

    Does this guy never give up? I am an expat and I would love to see this one exported…does us all harm.

  15. Anonymous says:

    ha ha ha. money isnt everything my corporate offshore lawyer friend…..?..

  16. Anonymous says:

    On the bright side they’ll probably finally get the PR they had applied for. This guy will be a great addition to our country Alden.

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