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IN THE GRAND COURT OF THE CAYMANISLANDS HOLDEN AT GEORGE TOWN, GRAND CAYMAN
| 4 5 | | IND. N0S. 60 OF 2012, 62 OF 2012, 63 0F 2012 & 14 0F 2013 |
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| 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 | Appearances: | REGINA V DAVID JOSEPH MORRIS TAMASA RENNIE COLE GEORGE MIGNOTT ANDRE BURTON RYANADRIANEDWARDS Mr. Trevor Ward of the Office of the Director of Public Prosecutions for the Crown Mr. James Curtis Q.C. instructed by Lucy Organ of Samson and McGrath for the Defendant Tamasa Ms. Prathna Bodden of Samson and McGrath for the Defendant Cole Mr. Nick Hoffman instructed by Guy Dilliway-Parry of Priestleys for the Defendant Mignott Mr. Anthony Akiwumi instructed by Margeta Facey-Clarke for the |
| 22 23 24 25 26 27 28 29 30 31 32 | | Defendant Burton Ms. Keva Reid of McKinney Reid & Company for the Defendant Edwards |
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Regina v. Joseph M. Tamasa, Rennie Cole,George Mignott,Andre Burton,Ryan A.Edwards Ind.Nos.60 of 2012,62 of2012,63 of 2012 & 14 of2013 03.05.13
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| 2 | Heard: | May 3,2013 |
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| 3 4 5 6 | | COURT ORALRULING |
| 7 8 9 10 | 1. | The defendant Andre Burton, supported to an extent by the other defendants, applies at this juncture for a judicial stay of proceedings on the ground that the process of the Court has been abused. |
| 11 12 13 | 2. | The law is set out authoritatively in Warren and others vs. Attorney-General for Jersey 2012 1 AC 22 (Privy Council). In that decision their lordships identified |
| 14 | | |
| 15 | | two categories of case in which the Court might exercise its jurisdiction to stay |
| 16 | | proceedings on the ground of an abuse of process. The first, which is not relied upon here, is where it would be impossible to give the defendant or defendants a |
| 18 | | necessary to protect the integrity of the criminal justice system. The Court made |
| 19 | | it clear that the two grounds are distinct and must be considered separately. |
| 20 | 3. | The second category of case requires an analysis by the Court which is to some |
| 21 | | extent subjective. The Court must ask whether the impugned conduct on the |
| 23 | | part of the authorities -- usually the police -- offends the Court's sense of justice |
| 22 | | and propriety. It is not it seems to me, the Court's subjective view alone which |
| 24 | | |
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Regina v. Joseph M.Tamasa, Rennie Cole, George Mignott, Andre Burton, Ryan A.Edwards Ind.Nos.60 of 2012,62 of2012,63 of 2012&14of201303.05.13
| 1 | | counts; the Court must also take into account its own perception of the public |
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| 2 | | view on the facts presented to it. Would the public in general find that its sense |
| 3 | | of justice and propriety is offended by permitting the proceeding to continue? |
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| 5 | 4. | Here the application is grounded in the conduct of Detective Constable Rachel |
| 6 | | Johnson. She was directed by her superior to act as she did. |
| 7 | | |
| 8 | 5. | She interviewed Marlon Dillon on at least four occasions while he was a |
| 9 | | suspect and under arrest. In the second and subsequent interviews she brought |
| 10 | | to bear a considerable amount of pressure upon Mr. Dillon which eventually |
| 11 | | had the desired result. He resiled from his rather far-fetched initial story, |
| 12 | | admitted full involvement in the robbery, and then identified the five |
| 13 | | defendants presently on trial as his co-conspirators. |
| 14 | | |
| 15 | 6. | In bringing about that result Detective Constable Johnson offered what I would |
| 16 | | judge to be inducements to Mr. Dillon and made what I consider to be threats |
| 17 | | towards him. There is no doubt that the Judges' Rules were violated (and I think |
| 18 | | intentionally so) and therefore little doubt that at a trial of Mr. Dillon his second |
| 19 | | and subsequent interviews would be found to be inadmissible. The question, |
| 20 | | however, is whether the process has become so tainted by unfairness that my |
| 21 | | sense of justice and propriety would be offended by allowing the trial of these |
| 22 | | defendants to continue. |
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| 1 | 7. | Of course, what I have said goes directly and fundamentally to the credibility of |
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| 2 | | Mr. Dillon and the jury will be told that not only by counsel but by myself. |
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| 4 | 8. | It seems to me that the practice of putting pressure upon defendants for the |
| 5 | | purpose of getting them to incriminate their co-conspirators is a wide-spread one |
| 6 | | in western democracies, which all strive in their own way to conduct fair |
| 7 | | criminal proceedings. My understanding of the practice in the United Kingdom |
| 8 | | is that informants who were participants in a crime are used from time to time as |
| ６ | | Crown witnesses. It goes without saying that their co-operation must be gained |
| 10 | | n n si o go o o n |
| 11 | | persons will testify because they think it is simply the right thing to do. |
| 12 | | |
| 13 | '9. | While it can in some ways be seen as troubling that the Judges' Rules would |
| 14 | | have been breached in Marlon Dillon's case, it is nevertheless a matter which is |
| 15 | | primarily concerning to Mr. Dillon. The question for these five defendants |
| 16 | | ultimately is the credibility of Mr. Dillon's evidence. The way in which he was |
| 17 | | induced to change his story is highly relevant to that. But the rights enjoyed by |
| 18 | | Mr. Dillon under the Judges' Rules are personal to him. They are not rights |
| 19 | | enjoyed by his alleged co-conspirators or anyone else whom he may choose to |
| 20 | | incriminate. |
| 21 | | |
| 22 | 10. | I find that the conduct of Detective Constable Johnson did not go so far that the |
| 23 | | integrity of the criminal justice system would be damaged by alowing the trial |
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| 1 | | to continue. Second, I am satisfied that public opinion in this country would |
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| 2 | | agree with my assessment, assuming that the relevant members of the public |
| 3 | | were fully aware of the essential facts and considered the matter reasonably. |
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| 5 | 11. | 1 should not leave this application without commenting upon its timing. The |
| 6 | | application is brought without any real notice to the Crown immediately prior to |
| 7 | | the final addresses to the jury. I, of course, have jurisdiction to exclude |
| 8 | | evidence where to admit it would result in the trial operating unfairly. It was |
| 9 | | open to any defence attorney to make an application that Marlon Dillon's |
| 10 | | evidence be excluded on that ground. Not one of the five attorneys made such |
| 11 | | an application. It seems to me that if there was no significant reason to think |
| 12 | | that the admission of Mr. Dillon's evidence would operate unfairly, then that fact |
| 13 | | itself speaks volumes about the somewhat more radical proposition that the |
| 14 | | integrity of the criminal justice system would be compromised by allowing the |
| 15 | | case to go to the jury. |
| 16 | | COURT |
| 17 | 12. | The application is dismissed. |
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| 19. | | Dated this 3rd day of May, 2013 |
| 20 | | endarn, |
| 21 22 | | Henderson, J. Judge of the Grand Court |
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Regina v. Joseph M. Tamasa, Rennie Cole, George Mignott, Andre Burton, Ryan'A.Edwards Ind. Nos.60 of 2012,62 of2012,63 of