Levers J
IN THE GRAND COURT OF THE CAYMAN ISLANDS
HOLDEN IN GEORGE TOWN, GRAND CAYMAN
IND. NO. 28 OF 2003
REGINA
- VS -
DOROTHY KELLY &
KEVIN FYNE
Excerpt of proceedings heard before
THE HONOURABLE JUSTICE LEVERS on the 23th day of October 2003 in George Town, Grand Cayman.
APPEARANCES:
FOR THE CROWN: MR. S. WILSON
For the DEFENDANT KELLY: MR. S. DICKSON
For the DEFENDANT FYNE: MR. L. SAMSON
(R v Kelly & Fyne 23/10/03 kam)
COURT COMMENCED ON THURSDAY,
OCTOBER 23, 2003 AT 10:12 A.M.
THE COURT: Good morning. Yes.
MR. WILSON: Good morning, My Lady. I wonder if we can mention first of all the case of Kelly and Fyne, please?
THE COURT: Yes, Mr. Wilson.
MR. WILSON: My Lady, Kelly is represented by my learned friend, Mr. Dickson. Mr. Samson represents the defendant, Fyne.
There is an indictment that has been prepared. It has not been signed yet by the Attorney General. My learned friend, Mr. Samson, has a copy of the indictment.
As indicated on an earlier occasion, the Crown are not proceeding against Kelly on this particular indictment. She was only facing one charge in any event, and that was unrelated to the substantive offences against Mr. Fyne.
THE COURT: So what is she doing here this morning then?
MR. WILSON: My Lady, "I don't know" is the honest answer.
THE COURT: I know. If you are telling me in this open Court that somebody -- you are not proceeding against somebody, I would have thought the proper thing to do is discontinue and go on against the accused person alone -- the other accused person alone. You can't have her coming back and forth and tell the Court that you are not proceeding against her. I am going to stand it down, Mr. Wilson. Please take some instructions and come back to me by 11:00 o'clock.
MR. WILSON: Those are the instructions. We are not proceeding against her on this particular indictment.
THE COURT: Well then you have a certain course of action to take against her now this morning, don't you? What is she doing in the box?
MR. WILSON: I've indicated that, My Lady, so --
THE COURT: Are you asking me for leave to withdraw the case against her then?
MR. WILSON: Well, we don't need leave to withdraw the case, we can simply not proceed --
THE COURT: Well, you are telling the
Court you are not proceeding against her, she is free to go.
MR. WILSON: Yes, she is.
THE COURT: Who represents her?
MR. DICKSON: My lady, I represent Mrs. Kelly.
THE COURT: Well Mr. Dickson you have heard what has happened.
MR. DICKSON: My Lady, yes.
THE COURT: Mrs. Kelly, you are free to go. How many times has she been here?
MR. DICKSON: My Lady, she has been to this Court, I think, on two occasions, but she spent maybe ten appearances in the magistrate court. The matters go back to 1998, and it was the alleged theft of $320. That is clearly an abuse --
MR. WILSON: What?
MR. DICKSON: The offence alleged to have happened, it's been trawling its away through the courts for a number of years now --
THE COURT: I'm sure you find it highly amusing, Mr. Wilson, that Mr. Dickson is submitting in this way to me, but she is a citizen of the Cayman Islands. She is entitled
to some form of justice and if the Crown, after some five years, doesn't proceed against this woman, then I think we must take it a little seriously, don't you?
MR. WILSON: My Lady, we are taking it seriously, which is why --
THE COURT: Seriously enough for you to be smiling all over and taking it as a joke.
MR. WILSON: No, I'm merely smiling at the incredulity of my learned friend's last application, My Lady, having never mentioned it on any previous occasion.
THE COURT: Well, Mrs. Kelly -- yes, Mr. Dickson, anything else you need to say?
MR. DICKSON: No, My Lady, I don't intend to get into some spat with my learned friend. Obviously the time submission in an abuse of process is when the matter comes to trial, but given they are offering no evidence we are happy to...
THE COURT: Mrs. Kelly, you are free to go. Thank you.
What is happening on Fyne, Mr. Samson?
MR. SAMSON: My Lord -- I'm sorry, My Lady -- I can confirm that I'm in receipt of an
unsigned indictment just this morning from my friend, and it was agreed that the matter go to the opening of the Grand Court so that either a date can be fixed for plea or -- definitely a date fixed for arraignment, or he could be arraigned at the opening with a date found for trial, or some date set down for sentence.
THE COURT: This matter has been going on since 1998?
MR. SAMSON: It has indeed, My Lady.
THE COURT: When is the Grand Court opening next year?
MR. SAMSON: The 5th of November, My Lady, is the next --
THE COURT: Oh, this year. Is he on bail?
MR. SAMSON: He is, My Lady.
THE COURT: Mention the 5th of November, 2003.
MR. SAMSON: I'm Obliged, My Lady.
THE COURT: Bail continued. Next.
(AT WHICH TIME OTHER MATTERS WERE SPOKEN TO)
REPORTER'S CERTIFICATE
Certified correct to the best of my skill and ability,
dated the 3rd day of November, 2003.
Karen Ann Myren