DPP denies wrongly influencing case
(CNS): Patrick Moran, the acting director of public prosecutions, has denied that one of his prosecutors acted improperly over a criminal case that was recently heard in Summary Court, in which a Cayman Airways pilot dodged a conviction after she was charged with DUI and assaulting a police officer. The case stirred up some concerns in the community regarding potential inequity in the delivery of justice and the use of discretion.
In a post on the local gossip site, Cayman Marl Road, publisher Sandra Hill accused crown counsel Scott Wainwright of improperly requesting, without proper grounds, that a case be dropped because the defendant was set to lose her job. She also highlighted a number of other issues that on the surface appeared to indicate that some bias had occurred in this case.
But the Office of the Director Public Prosecution (ODPP) is denying all of the claims in the post.
CNS has been putting questions to both the police and prosecution, as well as talking to others familiar with the case, and has also seen the emails exchanged between Wainwright and the investigating officers. While the ODPP did not respond to us directly, yesterday it released a statement indicating that a review of the case had been conducted by Moran, who had determined that the allegations by Hill were completely without foundation.
“There was no impropriety on the part of crown counsel or any other person involved in the case,” the office stated, adding that the article was factually inaccurate. The ODPP said that Wainwright’s engagement with the witnesses, which was in this case the police officers who had been involved in the arrest of the pilot, was at all times legally permissible under the Code for Crown Prosecutors.
It is true that crown counsel often review cases and exchange views about the viability of a case and the quality of evidence. But emails seen by CNS in this case show that Wainwright did not just question the evidence but rather focused on the possibility that if the woman was convicted, the young pilot would lose her job. According to the statement, however, despite the reference to her job, the ODPP said there “was nothing improper about it”.
The office also denied that Police Commissioner Derek Byrne had complained to Moran about Wainwright. This was also confirmed to CNS by officials from the commissioner’s office, who told us the day after the post appeared, “The commissioner of police confirms that he did not receive any communication from the office of the DPP in this case, nor did he correspond with the office of the DPP in respect to this case. The commissioner is currently reviewing the file.”
The ODPP also said that no warning was issued to the prosecutor because “his conduct throughout was entirely proper”.
The ODPP was not contacted by Hill before she published the article and the office said that as a result, “baseless and unverified allegations of misconduct on the part of an officer” appeared, which the director said threatened “to undermine the confidence of the public in the administration of criminal justice”.
The office said that those reporting on legal proceedings have a responsibility to do so accurately. “Crown counsel is considering his own action in terms of any civil redress,” the office added.
CNS also learned over the last week that concerns had emerged about the case because the officer who was allegedly injured by the pilot during the arrest had objected to the considerations to leave charges on file. When the case went before a magistrate, they had been further frustrated because no conviction was recorded.
The details remain murky as to how the young pilot, after crashing her vehicle into a light pole, managed to evade any serious consequences, despite being charged with DUI, assaulting police, damage to property and assault causing actual bodily harm. When she appeared before the Summary Court on 19 June, the magistrate said she would face no conviction for the charge of assaulting police and the remaining three offenses, including the DUI, were left on file.
While CNS has been unable to confirm the reasons why the young woman was able to apparently dodge the usual consequences that others would have faced, she is not the first person to be given a chance. Judges and magistrates often use their discretion. Two serving MLAs were both fortunate enough, after being convicted of crimes, to benefit from such discretion, paving the way for their success at the ballot box.
Kenneth Bryan had denied swearing at a police officer when he found himself in the centre of an altercation, having gone to the defence of an off-duty female officer who was being assaulted by a former lover. He was convicted but the magistrate decided not to record it, freeing him to continue on his political path. Numerous questions around how that case was ever brought against Bryan, given evidence that emerged which indicated that the police officers had not been entirely truthful, but he did in the end benefit from the discretion shown by the magistrate.
In a more serious case, in which Austin Harris admitted physically assaulting his girlfriend at a public event and being too drunk to remember what happened, the magistrate’s decision not to record a conviction against him raised eyebrows.
Regular people also often benefit from magistrates and judges using their common sense when young people make stupid mistakes or when those with clean records act out of character but are remorseful for their actions and do the right thing after the fact. They can also be shown leniency in the criminal justice system. But as they are often ordinary people, these cases receive less attention.
But there are also times when the crown appears to be relentless in its pursuit of an individual over allegations that are not always in the public interest to pursue.
In the absence of full disclosure and with limited access to information about cases, or how the legal system in Cayman works and how much the public is entitled to know, decisions made by the police, lawyers and judges can at times raise the perception, if not the reality, of inequity.
It seems like the ODPP is being very careful with the use of words and what is being said and what is not being said . What is clear is that this case and many others need an independent investigation to ensure that their is the equal application of justice within the system.
We’ve got a few DPP gems we could share, but until there are penalties and recourse, what are any of us going to do with anyone connected to this regime? As a community, we seem to be abnormally tolerant of dishonesty and deceit especially when that interference originates from the political class.
cayman justice = no justice.
Don’t Be let the Truth get in the way of a CMR story
“Drink spiking is the act of adding drugs or alcohol to someone’s beverage (often alcoholic) without their permission. Most cases of drink spiking occur with the intention of sexual assault or robbery. Other reasons include kidnapping, anger toward the chosen victim or entertainment.”
I saw this girl out the night this happened twice in the same spot. something was done to her as she was conducting herself very well n then out of no where she looked like she was lost or something. she was with a guy idk who it was but they were together having a good time n very normal. i was outside smokin a cig on the balcony when a man downstairs approached her and she was acting ver strange. what im sayin is lillies has had a history of drink tamperen and drug use. the character displayed by this girl just seemed off especialy how she was conducting herself proper one sec and then totally lost the next. i do truly believe she was a victim of a really bad crime. seeing this come on to social media now reminded me of seeing her that night. im glad she is ok. she could have killed someone ye but someone could have killed her. cayman dont take drink spiking n rape seriously here, back home that is a big deal and always goes without punishment becuz people think the person is just really drunk.
A pile of rubbish. Making excuses for people foolish behavior.
yawn….someone spiked my drink nonse….zzzzzzzzzz
Classic deflection away from the facts of the case. If you saw her out you should’ve persuaded her to go home and prepare for her next flight and not throw away a great career over a Coors and some laughs. There are consequences in every decision.
How can the very people supposed to uphold the law apply it selectively? This in effect means that some people will be above the law, yet you often hear these same people say no one is above the law.
This is nothing new. A speeding teenager killed a man on a bicycle on South Sound Road in the 90’s and was allowed to walk free as a recorded conviction would have ruined his chances to attend university. Does fairly well for himself these days working for a Government agency. Man on bicycle is still dead.
So many people failed you that horrendous night young lady. Your actions and characteristics displayed were not out of ill intent but a result of a terrible thing done to sabotage you. You have people supporting and standing by you through this difficult time. Stay strong.
Yes Richie! Including that so called bf that should have never let her out of his sights!! We praying for you babygirl. People will criticize and scrutinize you because of the lack of information and knowledge of the events that transpired but you are beautiful, young and intelligent. Take this hardship has a lesson in life and grow from it. Continue striving and being the beautiful soul that everyone who knows you, knows that you are.
It has always been the case in Cayman that there are different layers of protection afforded to members of society depending on who you know and the groups you happen to be a part of. It is time for this to stop. Label Sandra Hill and her website what you want but she has the integrity to recognize a large section of the population has lost trust in public institutions because of the cronyism, corruption and highly questionable decision making demonstrated by cases such as the 1 highlighted in this article. It is in no way the 1st such case, and there are plenty of unconnected uneducated economically disadvantaged young men sitting in Northward because they did not receive an equal level of protection.
People need rest off the woman! If the public knew the entirety of what took place and the unprofessionalism that was carried out by some of the officers, the spotlight would be shown on a even bigger problem with our community, law enforcement and our health services! This could have most definitely had been a way different outcome. The young lady did not even crash her vehicle! You all need to stop believing that everything posted on CMR is “facts” as being claimed. Young Lady if you are reading these heart wrenching comments. Keep your head up! Some of us know what was done to you and the unprofessionalism that took place handling you when you needed help. Rise above this negativity!
Why to keep what happened under the covers than?
You are absolutely right! There was a far bigger crime done to her that may never ever be solved or even brought to light due to extreme negligence and incompetence of these so called people that help us out aka Constables. What makes matters worst a certain man in particular should really be questioned with his intentions on the matter. Whats done in the dark always comes to light. Do not ever think that Officers won’t try to cover there butts either.
Airplanes pilots have no business getting drunk, period.same of D U I
I could not have said it better. People need to take responsibility for their actions.
Yup this was always inevitable with the widespread drinking culture in these islands. Are we really that naive to think certain professions are exempt ?
‘People don’t need to rest off the woman’ she needs to rest off the drinking.
Stop making excuse for people irresponsible behavior. I believe this was a total abuse of the legal system. This ruling sends a clear message that if recording a conviction against your name will cause you to loose your job then no conviction should be recorded and people should be praised for bad behavior. Shame on the courts. This is why people in general have lost respect for the legal system because it depends on who you are and who you know.
So tell us then, what exactly did the young lady do and what transpired that night to cause all this uproar and higher level involvement ?
yet anti corruption commission saying nothing? we no different than …….
You would find some pretty interesting things if you FOI’d the cases that the DPP didn’t consider in the public interest particularly re planning and the environment including dumping.
Yeah, right, as if people are idiots
I quote: “But emails seen by CNS in this case show that Wainwright did not just question the evidence but rather focused on the possibility that if the woman was convicted, the young pilot would lose her job. According to the statement, however, despite the reference to her job, the ODPP said there “was nothing improper about it”.”
Really – focused on the possibility that she could lose her job. And that is in order under the Code for Crown Prosecutors?!?!? Isn’t it the individuals responsibility to think about the consequences of their actions, not the police, prosecutor and the court.
Or is it that she had been consuming a ‘legal drug’ imported by a merchant rather than an ‘illegal drug’ imported by a ‘drug dealer’?
Come on- clearly different strokes for different folks. So sad.
How is mentioning in an email “she might lose her job” improper? She was still charged and appeared before the court. The judge is the one who decided not to record the convictions.
It would be improper because it should not be in the prosecutor’s mind whether she could lose her job. That is for the court to determine in perhaps granting leniency.
A prosecutor cannot take that into consideration in giving advice to the police, as nice a gesture as it was. This creates a problem because maybe the prosecutor is “nice” to you, but hates me and is then mean to me. The DPP is completely independent and has a great deal of power so it cannot be seen to have any bias at all.
Lots of the facts seem to be missing from this story. The story reported here does not say she was charged? Was she?
CNS didn’t say “mentioned”; it said “focused”. Your question should have been “How is focusing in emailS “she might lose her job” improper?”
So much fake news these days. Who really reads CMR?
Any one who leaks emails to CMR or any where else should be ashamed of themselves. This is not how you get justice.
CMR It just that “whispers down the Marl Road ” Sandra hill embellishes everything she writes. Blatantly lying she Deletes posts on FB and instagram that don’t support her twisted views. She stirs up racial and sectarianism and looks at destroying people’s lives. She is the complete opposite of “cayman kind “how she isn’t sitting in Northward I have no idea
I don’t know how the woman is allowed to fly a plane? Are there psychological tests in Cayman that verify ones ability to safely fly a plane? Surely Cayman Airways knows this woman is a liability?
To me, getting behind the wheel of a car impaired is irresponsible and reckless. Not only did she endanger herself but countless others who were on the road with her.
There is no way someone who drives impaired should be allowed to pilot a plane. Ever.
She should be subjected to a breathalyzer every time she drives a car and in no way should she ever be able to pilot a plane, drive a bus, or drive a taxi where unsuspecting people could be piloted to their death by a drunk woman who thinks assaulting people (a police officer at that!) is ok.
In any other country in the world this would not be acceptable nor allowed.
I would not fly Cayman Airways if you paid me knowing this maniac could be the pilot.
Spot on. As a Caymanian, I hardly fly Cayman Airways. They can never keep their schedule and are unreliable, especially when travelling for work and catching a connecting flight. There is so much potential to provide a better product than the airline currently does, but nothing will change as usual.
We would never fly Cal with connecting…does anyone?
9:03 am, well you know what C A L stand for, Comes Always Late – Can’t Always Leave, take your pick it could be both eh ?
6:04 am you are 100% right, the Judge should have to answer to this wrong doing.
Ohhh 448pm get a hold of yourself Sting operation to catch Who??themselves you must mean . Because it is a well known fact that we have become accustomed to and all know it’s “different strokes for different folks” in Cayman and are well known and established protocols reserved for those at the very top and lodge members! Enquires in to sexual assault and Drunken commissioners of police if I may recall has led to public enquiries and lies being told by governors and printed in the local press and officers being transferred to Sister islands post to cover up the truth long before CMR came on the scene.
I definitely don’t want her flying / piloting any planes that I’m traveling on in future.
Well given the DPP has lost every single case against Hill – she may actually know a thing or two about their shenanigans! Her “gossip site” seems to be spot on most of the time tho. Funny … gets the stories fast too.
She should have taught of her job when she was out there acting irresponsibly. Not stellar behavior from someone who should have known better. Lock her up. Why is Cayman Airways hiring pilots who think nothing of the public’s safety.
I don’t understand how any lawyer with a straight face could say that what the prosecutor did was right.What the prosecutor did was highly inappropriate. I think there is a Privy Council case basically saying that the DPP cannot tell the police who to prosecute. In his shoes there is no way I would have put that in writing.
He can advise on what to charge and whether he thinks they will actually achieve a conviction based on what they have gathered, but it is improper for him to do anything else. It’s murky, because normally a plea would be offered to the accused person. Impossible to say more without seeing the e-mail but wow.
The case is Steadman [2014] UKPC 8. In other words, the police could have gone ahead with the charges. This case is based on the Constitution of Antigua and applies only if CI has a similar constitutional provision. This is not legal advice and please do not construe it as such!!!!!
Sorry, Steadroy Benjamin, decided by Lord Wilson.
https://www.jcpc.uk/cases/docs/jcpc-2011-0083-judgment.pdf
The ‘Old Boys Club/Lodge’ in Cayman is alive and well. Its obvious that she is well connected or she wouldn’t have got away with a slap on the wrist.
At least Sandra has a pair.
I’ve always wondered..
Of chips on each shoulder. She goes after those she doesn’t like.
CMR is destroying caymanians and the Cayman community. Hon. Franz Manderson you need to issue a serious declaration to all civil servants about leaking and disclosing personal information/files of people of this country. Based solely on some stories on this CMR it is clear to see that you have a problem with leaks in: RCIPS, the Fire Service, HSA and the courts. There is a high duty for safeguarding privileged information of people – even those who find themselves on the wrong side of the law including or especially the accused. Set-up a sting operation to catch the civil/public servants that are aiding this woman in destroying lives and even interrupting investigations and charge those public officials with everything under the book. When will the authorities in Cayman stop this woman is the question on everyone’s mind.
Cayman corruption destroying caymanians and the cayman community bobo. Get your mind right and forget about the messenger. Your bible is good place to start to understand where we’re headed from here
Who or what is bobo? What I am saying is that the Cayman community but especially caymanians are hemorrhaging like no tomorrow and this CMR platform is creating an atmosphere in the country that is negative. I also believe that public officials are breaching the trust and integrity of the responsible high offices or roles they play for the government and the Cayman Islands.
So you think that everyone should not know that cayman airways hires drunk/alcoholic pilots. Pilots who have poor judgement should be protect? CAL is the only carrier that flies to the sister islands and Jamaica so you do not want to know about your pilot drinking problem so you can decide if you want to fly at your own risk. She must be a family member of yours or a close friend.
If she is encourage her to go to AA.
American Airlines?
Did CMR print lies? Yes or no?
It’s true to say that they bring stuff to light, but they also post gossip and they’re certainly not accurate 97% of the time as they claim.
I’ve always wondered how they came up with the exact 97% accuracy rating. Is that even independently verified, or just an internal statistic?
In any case, some of what CMR bring to their platform is absolute rubbish, but when you expose corruption, no matter who exposes it, it is a win for the voting public and all other residents.
What do you suggest a Proclamation to deny the truth 4:48pm?? Yes we need a Sting Operation to stop all this corruption in our government .privileged information only protects those who swore to uphold the truth and not victimize innocent people by telling lies you my friend have forgot than and unlawful offense can be committed by two means act or omission ?
@at 4:48 pm Are you proposing a witch-hunt?
I am sorry but while CMR might play a small part, when it comes to “destroying caymanians and the Cayman community” look to the root of the problem – politrix, corruption and people in high places.
She seems absolutely mental. The worst one was the poor chap who was offered a job in government and then caught in a text message sting operation with a gay pickup and had to reject the job. I would have sued the pants off the telecommunications company, the government of Cayman, and that woman, who obviously had a hand in setting him up. I hope he got PAID.
So if I commit murder but a conviction was cause me to lose my job will I also go free?
No, but if you kill someone after consuming a 6pack and getting behind your car your time in HMP Northward will be minimal (less than 2yrs) or you will get off with a suspended sentence as the last 15yrs of court cases has made abundantly clear.
What’s the penalty for grand theft canine?
Not unless you know someone in high places. The law should apply to everyone.
Clearly and sadly, the law does not apply to everyone in Cayman.
someone needs to bring a lawsuit against the ODPP’s office because certain people they will persue to no ends and then others who have strong connections skate on through. Its repulsive and should not be acceptable or accepted on this occasion in the Cayman Islands. I’ve never heard of a person with such a litany of charges getting off without so much as even a fine.
I agree – what about the guy who punched an officer to the ground at the road stop by the roundabout on the Esterly Tibbets a year or two ago with the officer requiring stitches and then walked with no charges.
He went to prison for that act, remember?
You’re talking about Seth Watler. The appeals court decided to do a retrial/sentence as they determined that the original judge’s sentence was too light/easy. Seth ended up doing around 12 months in prison. So no, he didn’t “walk with no charges” – not even in the first court sentencing.
See: https://caymannewsservice.com/2018/04/appeal-court-cop-assault-case/
The same thing needs to happen here, an appeal regarding the sentence and lack of record recorded. This stinks to high heaven. Boo on the whole lot involved, trust eroded even more because.
The crown appealed it and he got 1 year in northward
Exactly. They relentlessly pursued a US pilot a few years ago in circumstances where he was only slightly over the limit driving whilst on holiday here. They threw the book at him and he lost his entire career. His was a very minor misdemeanor compared to this. SMH.
Oh he was only slightly over the limit? Well yea they should have just let him off
Anything to say about rich Canadian forgiven for duty evasion and gun/ammo possession?
Hardly surprising, what is, is the number of similar cases that are kept under wraps.
Anyone in the know with the DPP knows this is not the first instance like this to occur, this one is just being made public. I would be inclined to believe Hills blog on this one.
Every time I decide to open up anything S. Hill / CMR related, it reminds me of this movie:
https://www.imdb.com/title/tt0880578/
Every time someone logged on to watch the stream, the victim got lowered down slightly more. There was a tub of acid below. Of course the hype built, and more people tuned in to watch their demise out of curiosity.
The victim would’ve survived had people not logged on to watch.
Stop being a hypocrite….
Welcome to Cayman. Plenty of them here. They love to put on their best clothes to show off and criticize others on their Holier-than-thou day of their preference. Same book though… lol.
Every time I think of your obscure and self serving lil rant I think of Trump blaming fake news for exposing his lies. Let me guess you’re afraid of a the sex offenders list.
DUI and assualting a police officer are both fairly serious crimes. If she drank while driving a vehicle, she might also do that while piloting a plane. Very dangerous behavior and the fact that she keeps her job is even more terrifying.
I hope everyone getting on a plane she’s flying, gets off and refuses to fly with the airline who hires her!! She does not appear to be a stable or responsible individual in any sense of the word! And, fire the judge or whoever let her walk free!! Other people who do the same thing have to face the consequenses of their behaviour.
Do you know her? Do you know what happened? That girl has a serious passion for her job and always puts her customers first with the most pleasurable personality! Anyone who is downplaying her because of what was hearsay needs to get a grip of reality and know there is always more to the story than what the news brings to light, even more so if you have insiders leaking information only spells out big and bold BADMIND especially if someone is in RCIPS doing it trying to cover their ass and direct the light somewhere else. You think that she can’t have a social life? More than 50% of Cayman Airways Pilots do. Oh someone call out that Officer that dealt with her already. He got some issues. *sips tea* And to rub even more of you crabs in a barrel the wrong way, if this unfortunate event was properly dealt with she would have walked free from all charges that were placed on her that is how negligent certain law enforcement was. I will fly with that Young Lady any day, its unfortunate she had to go through this traumatic event but she is one of our brightest young pilots. They all shine in their own way. Bless up!
Someone from CAL too. Raises red flags that a person involved in this particular matter just so happens to be a constable and a pilot! I do not trust that man at all.
10:04 am, you are part of her family one way or another, maybe the Lodge, to say its ok to drink and drive and pilot a plane. Thats what you are really saying, shame on you..
Nice photo od RCIPS car parked on a sidewalk. That is a ticketable office as I know.
Not what you know but who you know?
If she could get off free, then everyone with the same case should get off free too, otherwise its discrimination .
How about the cocaine accountant Schroeder…maybe every Caymanian or non-rich expat who has been convicted of possession should go free.
How about our two not so esteemed MLA’s?