Cayman magistrate acquits Bermuda magistrate in traffic case

| 22/10/2019 | 15 Comments
Cayman News Service
Magistrate Valdis Foldats

(CNS): Magistrate Valdis Foldats, who normally sits in the Cayman Islands summary criminal courts, cleared a magistrate in Bermuda yesterday after he had been drafted to the fellow British territory to hear a traffic case against Khamisi Tokunbo, who was charged with refusing a breath test after a crash. Foldats found that the police officer who arrived at the scene was biased against the Bermuda magistrate and made it clear to witnesses that he was going after the court official.

After hearing the case last week, Foldats said in his verdict that during the trial PC Colin Mill was “unresponsive, evasive, self-contradictory and disingenuous”, according to reports from the Bermuda press.

From the get-go Tokunbo had said he was not driving the car when it crashed. His friend Allen Robinson was said to be driving but both men had refused to give a breath test and were charged. Robinson had pleaded guilty while Magistrate Tokunbo defended the charge.

The officer at the scene was said to have told witnesses that he did not want to let “someone like this get away with this s**t”, which showed a clear bias against the defendant, Voldats said. “PC Mill’s interaction with the main witness at the scene …was unprofessional and disclosed the bias against the defendant.”

Voldats said he did not believe PC Mill when he was on the stand. “His bias against the defendant tainted his actions at the scene and his testimony before this court.”

The officer, who was wearing a body-cam, had turned the machine on and off during the arrest, but what footage was available and submitted in evidence undermined his account, the Cayman magistrate found before he acquitted Tokunbo.

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Category: Caribbean, Courts, Crime, World News

Comments (15)

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  1. Anonymous says:

    Thank you Mr Foldats.
    You are a credit to your profession and to Cayman.

    • Anonymous says:

      A truly wonderful gentleman who is guided by a first class intellect. We are very lucky to have him. Blessings, Mr Foldats. Proud of you. .

  2. Anonymous says:

    I have always only heard good things about our magistrate. Good job.

  3. Anonymous says:

    This magistrate has always come across as being honest and straight forward .

  4. Anonymous says:

    And we think RCIPS is bad? The officer, ‘Had turned the machine [body cam] on and off during the arrest’ – if any cop did that in the UK it would be an instant professional standards bust. Hopefully, PC Mill will now be charged with perverting the course of justice.

  5. Say it like it is says:

    We are very fortunate to have a Magistrate of this caliber.

    • Anonymous says:

      A Caymanian would be of higher calibre.

      • Anonymous says:

        And that comment right there ladies and gentlement, is one of the reasons why this country is in the mess its in. Ignorance.

        • Anonymous says:

          These comments could come straight from a Bermuda forum. Up here we are of the opinion that Cayman is very welcoming and accepting of non-Caymanians… unlike Bermuda. Thank you to your magistrate for doing such an excellent job during this case. I look forward to reading the judgement in full.

      • Anonymous says:

        Seriously 8.40, you sound ignorant!

      • Anonymous says:

        Yeah this could be true if we had any born ‘n’ bred Caymanian Magistrates…but I have always held Mr. Foldats in the highest esteem because I have found him to be a very honest, conscientious and straight forward judge! Way to go Your Honour, keep up your high standards

      • Anonymous says:

        I am fairly sure that Mr. Foldats is Caymanian. I got mine through birth, he received his though legal grant. Same thing.

      • anon says:

        8.40pm I assume you are talking about guns.

    • Anonymous says:

      Calibre, please.

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