Police officer still not fired after sex assault conviction

| 13/05/2022 | 80 Comments
Antonio O’Neal Marshal (photo courtesy of Cayman Marl Road)

(CNS): Antonio O’Neal Marshal (43), a serving police officer with the Firearms Response Unit, has not been fired by the RCIPS following his conviction on Tuesday for indecent assault and remains on full pay. A jury found both Marshal and his partner, Ericka McFarlane Lynch, who is also a public servant, guilty of indecent assault on a woman. The pair had claimed at trial that the sexual encounter was consensual.

However, the victim, who was a reluctant witness, had described the encounter as an assault and said she was not a willing participant. She had not immediately made a formal report of the incident to the police but had confided in a police officer, who reported the matter to the RCIPS Professional Standards Unit and she was eventually persuaded to come forward.

Following Lynch and Marshal’s conviction, they were bailed until sentencing, which has been scheduled for 15 July.

The RCIPS said Thursday in response to CNS inquiries about Marshal’s potion with the police that he remained suspended from duty and the “Commissioner of Police is currently reviewing the jury verdict with a view to taking appropriate action”.


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Category: Courts, Crime

Comments (80)

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  1. Anonymous says:

    He’s not He’s bajan

  2. Anonymous says:

    Cops? We are the stinking cops! ah ha hah ha ha

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  3. Anonymous says:

    If someone in Gov just had the balls to convict and deport without the possibility of returning, and cease granting work permits to our neighbours, you would see the quality of life improve here. Until that is done we are held hostage in our own country.

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  4. Read The LAWS !!! says:

    Regulation 41 of the Personnel Regulation requires DUE PROCESS … I’m sure if he was Bodden/ Ebanks / Bush … you all wouldn’t want the COP to rush and fire him …
    #KMFT

    Suspending and dismissing staff for gross misconduct involving criminal activity outside the workplace
    41. (1) Before determining whether to dismiss a staff member on the grounds of gross misconduct, and that gross misconduct involves alleged criminal activity outside the work place, an appointing officer shall —
    (a) establish that the staff member has been charged with a criminal offence by the police;
    (b) establish whether the criminal offence —
    (i) involves such disrepute as is referred to in section 5(2)(e) of the Law; and
    (ii) is significant enough to fall within the definition of gross misconduct; and
    (c) advise the staff member of the concerns (both orally and in writing) and allow the staff member an opportunity to provide an explanation.

    (2) If, after the process specified in paragraph (1) has been completed, the appointing officer is of the view that the conditions specified in paragraph (1)(b) have been proven, the appointing officer may suspend the staff member with pay, in which case the appointing officer shall — (a) advise the staff member of this fact in writing; and (b) arrange for the suspension with pay to take immediate effect.

    (3) If the staff member is subsequently convicted of a criminal offence, and that offence is significant enough to fall within the definition of gross misconduct, the appointing officer may dismiss the staff member from the date of conviction in which case, at the earliest opportunity, the appointing officer shall —
    (a) notify the staff member that the staff member is being dismissed under the terms of the staff member’s employment agreement; and
    (b) arrange for the dismissal to take immediate effect.

    (4) If after the process specified in paragraph (2) has been completed the staff member is subsequently not convicted or if convicted the conviction is set aside wholly and the period of any appeal against acquittal has expired, the staff member shall be reinstated to their position, or to a similar position within the civil service entity.

    (5) Where a staff member has been suspended in accordance with paragraph (2), an appointing officer shall provide the Head of the Civil Service with a summary of the status of the criminal case and suspension, and such summaries shall be provided every twelve months until the matter is resolved in accordance with paragraph (3) or (4).

    https://legislation.gov.ky/cms/legislation/current.html?view=acts_alpha

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    • Anonymous says:

      All bureaucratic bullshit. The private sector has to follow due process too. Persons on positions of trust in the private sector would have been fired immediately, and in many cases long before conviction.

      Terminating employment occurs at the civil standard. Balance of probabilities. Is the conduct below acceptable standards of conduct given the role and nature of the employer? Is there any reasonable alternative to termination?

      The civil service have so passed their own nests at the expense of the Caymanian people, it is unconscionable.

      They should have to live by the same employment and immigration rules as the rest of us!

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    • Anonymous says:

      According to this it looks like he could have been suspended without pay for quite some time now, but no one (Baines) bothered to look and follow the procedure. Hey Baines, when are you going to get serious about crime? This is in your own department!

      CNS: I think you’re having a flashback. The current CoP is Derek Byrne. David Baines was the last one.

    • RCIP says:

      Its people like you that encourages this kibd of behaviour. No need to ask where you come from

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    • Análisis says:

      Can we get them back to their homeland so they can commit all thee crimes they want to there. Like WTF!!!

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    • Anonymous says:

      Can you read? 41(3) is quite clear. What part of the due process do you think hasn’t been followed- other than him getting his ass fire that is?

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    • Al Catraz says:

      Subsection 3. He should be fired with immediate effect.

      Did you read what you posted?

    • Anonymous says:

      Your citation of the applicable regulations points us to the fact that due process has been largely satisfied by the conviction. All that remains is for the perpetrator to be given notice of dismissal.

      The civil service’s Code of Conducts says:
      “a public servant must not, at any time, engage in any activity that
      brings his ministry, portfolio, statutory authority, government
      company, the public service or the government into disrepute.”

      Under the applicable law, gross misconduct is defines as “misconduct that is of such a serious nature or magnitude that, in the opinion of the appointing officer, the employee should be
      dismissed with immediate effect.”
      Once the activity is no longer merely alleged and the perpetrator subsequent to his misconduct becomes guilty under due process of law then 41.3 applies:
      3) If the staff member is subsequently convicted of a criminal offense, and
      that offense is significant enough to fall within the definition of gross misconduct,
      the appointing officer may dismiss the staff member from the date of conviction in
      which case, at the earliest opportunity, he shall-
      (a) notify the staff member that he is being dismissed under the terms of his employment agreement; and
      (b) arrange for the dismissal to take immediate effect.

  5. Anonymous says:

    Section 2.4 of the Cabinet Code of Conduct states that Ministers are not required to obey all of our laws, but rather only the laws they think are relevant to them in any given circumstance. Seems like that approach has now been extended to penalties for criminal conduct in the RCIPS.

    https://www.gov.ky/publication-detail/ministerial-code-of-conduct-v11-27.07.21

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  6. Anonymous says:

    Anthony Ennis serves as Deputy Commissioner of Police, with responsibility for Governance and Strategy of the organization. His portfolio includes oversight of human resources, business, training, records management and data quality, facilities management and information technology. He also directly oversees the Professional Standards Unit. Deputy Commissioner Ennis has served in the RCIPS as a police officer for over three decades. He rose through the ranks and was promoted to Assistant Commissioner in 2003 with responsibilities for strategic operational policing across the territory up to and including 2009. In 2005 he was promoted Deputy Commissioner of Police. During his tenure he led the civilianisation of the Personnel and Finance Departments, which released more officers to operational policing, as well as public sector reforms that devolved non-policing functions to other public sector bodies. In 2005, Deputy Commissioner Ennis was awarded the Colonial Police Medal for meritorious service. Deputy Commissioner Ennis holds a Bachelor of Laws degree from the University of Liverpool and an Attorney-at-Law qualifying certificate from the Legal Advisory Council in the Cayman Islands. He also holds a Master of Science degree in Human Resource Management from the University of Portsmouth, and has completed a post-graduate diploma in Criminal Justice Education from the University of Virginia, FBI National Academy and the Defence Academy of the U.K. Deputy Commissioner Ennis is a member of the International Association of Chiefs of Police, the FBI National Academy of Associates and the Chartered Institute of Personnel Development.

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  7. Anonymous says:

    Don’t worry, their “Code of Conduct” is “coming soon”: https://www.rcips.ky/code-of-conduct

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    • Anonymous says:

      RCIPS already has a code of conduct, the way some police officers speak to the public is a clear violation of that code of conduct.

      Just check with the Ombudsmen’s office, the majority of the there complaints are related to how rude the police are to the public.

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    • Anonymous says:

      How nice.

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  8. Anonymous says:

    I am baffled at COP weighing on whether the police officer should be terminated.

    Keeping this officer will compromise the entire police force in being able to protect the public from similar crimes. It will set a dangerous precedence.

    This is not rocket science. Immediate dismissal.

    The female should also be dismissed from government.

    We have to be very careful here that the government is not seen as supporting any convicted staff by keeping them on payroll. I would be extremely disappointed.

    You get convicted, then there are penalties. Send a strong message.

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  9. Anonymous says:

    Maybe, just maybe he is NOT Jamaican. Please do some research.

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  10. Anonymous says:

    Perhaps the Auditor General should examine this waste of public funds on a ‘value for money’ basis. What is the value to the people of Cayman of keeping a convicted felon on the POLICE payroll??

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  11. Al Catraz says:

    “currently reviewing the jury verdict”

    Lol.

    Currently reviewing the jury verdict?

    Well, let’s see… It starts with a “G” and it ends in a “Y”. In between, it says “UILT”.

    Hmmm… what could it possibly mean. They were making a quilt? No, no, that’s not it. Ah! Gilty – the verdict was covered in a thin layer of gold!

    He is gilty! Clearly this means he deserves a pay raise!

    Morons.

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  12. Anonymous says:

    Are there degrees of acceptable sexual assault that would complicate the CoP taking several days of deliberation time on this? We need a new CoP, as well as new whoever these idiots were. Ffs. Spring break is over.

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  13. Anonymous says:

    There is one thing that has come to fore over the last few months and that is the ineptness of our so -called world class civil service. It seems you can’t look at the news any day now without seeing some royal screw up by the civil service and no one being held accountable.

    I strongly believe that the laws should be changed to give someone in the elected government at least partial/shared responsibility for the civil service. It is crazy how we elect politicians and they have absolutely no power over a civil service that seems to be more and more everyday, nothing more than a complete $hit show sanctioned by the Deputy Governor and Governor. Why is it that these two men are allowed to let some many things go unchecked? Is there a way of holding them accountable or do we just carry on and keep our mouths shut..We never voted for either of them so impossible to get rid of them..Is there a legal mind out there that can tell us what our options are to hold them accountable or for that matter, fire them..

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  14. Anonymous says:

    RCIPS = Legal Cayman Street Gang.
    They look after their own.

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  15. Anonymous says:

    What exactly would the CoP need to review about the verdict before he takes “appropriate action”? What are the circumstances that would allow the officer in question to remain employed by the RCIPS?

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  16. Anonymous says:

    Wow. He should be dismissed straight away once the conviction was imposed

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    • Anonymous says:

      No. He should have been dismissed immediately the prosecutors determined there was enough evidence to charge him!

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      • Anonymous says:

        Actually, he should have been dismissed the moment his employer (the Police) determined that his conduct was so serious as to warrant prosecution. He is not a construction worker! He is a specialist armed police officer. The standards he is to be held to are far from standard!

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    • Anonymous says:

      Unless there is an appeal. Need to let justice system run its full course.

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      • Anonymous says:

        No. As a matter of employment law and as a matter of corporate governance and as a matter of prudent use of public funds and as a matter of having meaningful standards, termination is a no brainer.

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    • Anonymous says:

      Of course.

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  17. Anonymous says:

    That’s nothing. Perhaps CNS can confirm but I believe certain expatriate prison officers caught smuggling drugs into prison months ago, are still employed. If Franz is aware of this and is permitting it he is unfit to run the civil service. We screw up the easy stuff. Imagine how bad the complicated stuff is.

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    • Lomart says:

      Franz is the problem with the civil service. The more they mess up, the more he tries to convince the public that they are world class! He’s a grinning moron of a leader.

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  18. Anonymous says:

    Wow- If he was employed at any other Company here in Cayman
    he would have been fired long time.

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    • Anonymous says:

      Yeah, but he works for the Jamaican Employment Bureau (otherwise known as the Law Enforcement Branch of our world class civil service).

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    • Anonymous says:

      Very likely. Unless he was an untouchable member of a secret society.

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    • Anonymous says:

      No, its unjust to fire someone because of a charge. Paid leave for that would be appropriate. A person is innocent until proven guilty. A charge is simply a allegation of guilt to be proven at court.

      However, once convicted like in this case their employment should be immediately terminated.

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    • Anonymous says:

      …no when you are working for Gowerment, Civil or Public Serrvice…will probably get retired early on full pension and medical benefits, for them and family members, for life….

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  19. Anonymous says:

    When you have these types of people in the Firearms Unit, you have a problem.
    Martyn Roper missing in action again.

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    • Anonymous says:

      No he is at a PPM knights of the round table meeting!

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    • Anonymous says:

      Didn’t that other FRU office shoot his wife or some nonsense?

      Also, what’s this crap where we let police officers take their guns home with them?

      In the UK they put them back in the armoury / locker or whatever. Why are we letting Jamaicans take service pistols home with them?

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      • Anonymous says:

        Yes, what did happen with the office that had a gun pointed at his wife/girlfriend did that even make it to court.

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        • Anonymous says:

          He is now a Sergeant, was recently promoted in 2022, lol.
          NOT A JOKE!

          • Anonymous says:

            They must really be struggling for sergeants if that clown is now s sergeant. Waving a gun at your girlfriend in the UK 🇬🇧 would find you in jail. And worse, he’s still in the firearms dept. Nuts!

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      • Jimmy Jamaica says:

        Because they are on call 24 hours a day.
        Because they need it to get a little “extra” money.
        Because a friend needs it to get his “extra” money.
        Because he has a gun rental business on the side.
        Because he may need it to keep his friends in line.

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  20. Anonymous says:

    Deport the pr!ck, we don’t want clowns like this around.

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  21. Anonymous says:

    RCIPS is one of the biggest drains on the public purse.

    In the history of law enforcement, never has so little been achieved with so much.

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  22. Born Caymanian says:

    Right to family life too no doubt ? The Jamaicanization of Cayman continues full speed ahead unabated!

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    • Anonymous says:

      Ah, Jamaicans, the official scapegoat of the Cayman Islands.

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      • Anonymous says:

        Indeed…whether the complaint is about crime, inflation, cost of living, faulty building structure, poor student progress, over development, cuban refugees, poor parenting, traffic accidents, whatever it is…blame the Jamaicans. Good to see Cayman’s favourite activity is alive and well!!

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      • Anonymous says:

        Scapegoat infers a lack of actual responsibility. Unfortunately the term is not applicable in the context.

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      • Anonymous says:

        The ‘scapegoat’ title has been well earned over many years of demonstrating that is is also well deserved.

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      • Natty Dread says:

        As your Reggae Icon Robert Nestor Marley would say “who the cap fit let them wear it” and he was shot trying to stop Political violence. Spare us the chat eh!

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    • Caymanian Patriot 🇰🇾 says:

      The mass influx of foreigners and expats into the Cayman Islands, regardless of nationality or previous geographic residence, is occurring at large and uncontrollable rates, which immigration and other laws need to tighten up on, so that Caymanians are given fair opportunity in the Cayman Islands. It’s only fair.

      Foreigners (including Jamaicans, British citizens, South Africans others) should not be prohibited from coming here to live and work, but there is need for ensuring existing Caymanians (who are already here) have their interests and rights balanced fairly against competing interests with foreigners.

      All Caymanians are now becoming minorities in the Cayman Islands. Multi-generational Caymanians are in an even smaller minority and are becoming a rare and endangered species, similar to the Blue Iguana (which is protected and aimed at preventing extinction). Need to get our priorities straight on many policies and laws that feasibly supports such policy.

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    • Multigenerational Caymanian, Formerly Patriotic says:

      You reap what you sow.

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      • Anonymous says:

        So you’re going to reap what you sow. Good luck with life. Some of us don’t need luck.

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  23. Anonymous says:

    Hello Commissioner? You there? When are you going to start being serious about the crime problem?

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  24. Cayman Sanction says:

    He not Caymanian so he got rights ! Remember what Baines said the RCIPs must reflect the diversity of the Community. We got many of his kind here so the police commissioner hands are tied Let me therefore remind unnah all our police prison legal department and judicial services and most of government now. We run tings here in Cayman!. Finally but not least our political infrastructure is inundated now with their political style and supporters. What a mess Cayman is in ?

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    • Anonymous says:

      Your statement of “we run tings here in Cayman” is an illusion. Run the asylum maybe, even the politicians don’t run things, they’re operated just like puppets by you know who. Seems to me like Caymanians by birth do not run things. Prove me wrong.

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      • Anonymous says:

        Why don’t you just say what you want to say? Your beating around the bush.

        You we correct that the “we run tings here in Cayman” is an illusion.

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  25. Anonymous says:

    Well, I guess the Commissioner of Police is following the precedent set by the Cayman Islands toy “Parliament” – that a person convicted of a criminal offence is still regarded as a fit and proper for the position of Speaker of the House!!

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  26. Anonymous says:

    As always RCIP slow, retroactive and useless ….

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