Henderson J
IN THE GRAND COURT OF THE CAYMAN ISLANDS
GE TOWN, GRAND CAYMAN
IND. NOS. 60 63
REGINA
V.
OF 2012, 62 OF 2012,
OF 2012 & 14 OF 2013
DAVID JOSEPH MORRIS TAMASA RENNE COLE
GEORGE MIGNOT
ANDRE BURTON
RYAN ADRIAN EDWARDS
Mr. Trevor Ward of the Office of the Director of I for the Crown
Mr. James Curtis Q.C. instructed by Lucy Organ McGrath for the Defendant Tamasa
Ms. Kathna Bodden of Samson and McGrath for
Mr. Nick Hoffman instructed by Guy Dilliway-Pay Defendant Mignott
C
A
N
I
S
L
A
R
D
Public Prosecutions
of Samson and
the Defendant Cole
ary of Priestleys for the
27
28
29
30
31
32
33
34
35 Before:
Regina v. Joseph M. Tamasa 2012 & 14 of 2013 03.05.13
Mr. Anthony Akivumi instructed by Margeta Facc Defendant Burton
Ms. Keya Reid of McKinney Reid & Company for Edwards
Hon. Justice Henderson
Remie Cole, George Mignott, Andre Burton, Ryan A. Edwards Ind. No.
By-Clerk for the
the Defendant
60 of 2012, 62 of 2012, 63 of
May 3, 2013
ORAL RULING
Andre Burton, supported to an extent by the other
defendants,
and that the
process of the
The law is set
Jersey 2012 1
two categories
proceedings on
upon here, is vi-
fair trial. The
necessary to pre-
Court has been abused.
but authoritatively in Warren and others vs. Attorney-
AC 22 (Privy Council). In that decision their lordship
of case in which the Court might exercise its jurisdic-
tion on the ground of an abuse of process. The first, which is
there it would be impossible to give the defendant or de-
scribed, which is the gravamen of this motion, is
fect the integrity of the criminal justice system. The
general for
a identified
tion to stay
not relied
defendants a
who affirms it
Court made
19 it clear that the
20
21 3. The second cat-
22 extent subjecti-
23 part of the auth
24 and propriety.
Regina v. Joseph M. Tamasa,
2012 & 14 of 2013 03:05.13
two grounds are distinct and must be considered separately.
Every of case requires an analysis by the Court which
ve. The Court must ask whether the impugned con-
corties -- usually the police -- offends the Court's sense
It is not it seems to me, the Court's subjective view as
Rennie Cole, George Mignot, Andre Burton, Ryan A. Edwards Ind. Nos.
ticity.
to some
act on the
of justice
one which
60 of 2012, 62 of 2012, 63 of
1 counts; the CC
2 view on the fi
3 of justice and
4 5 4. Here the app-
6 Johnson. She
7
8 5. She interview
must also take into account its own perception of
acts presented to it. Would the public in general find to
property is offended by permitting the proceeding to
be directed by her superior to act as she did.
was Marlon Dillon on at least four occasions while
weed 7
the public
at its sense
continue?
able Rachel
he was a
9 suspect and
10 to bear a risk
11 had the des-
12 admitted fu-
13 defendants p
14
15 6. In bringing at
16 judge to be in
17 towards him,
18 intentionally under arrest. In the second and subsequent interviews,
considerable amount of pressure upon Mr. Dillon which
led result. He resiled from his rather far-fetched in-
involvement in the robbery, and then identified
essentially on trial as his co-conspirators.
but that result Detective Constable Johnson offered was
documents to Mr. Dillon and made what I consider to
There is no doubt that the Judges' Rules were violated
9) and therefore little doubt that at a trial of Mr. Dillon, she brought
10) she brought
eventually
trial story,
d the five
that I would
be treated
and I think
his second
19 and subsequent
20 however, is in
21 sense of justic
22 defendants to
23
Regina v. Joseph M Tamasa 2012 & 14 of 2013 03.05.13
It interviews would be found to be inadmissible. The
whether the process has become so tainted by unfair
and property would be offended by allowing the trial
continue.
Rennie Cole, George Mignott, Andre Burton, Ryan A. Edwards Ind. No.
60 of 2012, 62 of 2012, 63 of
1 7. Of course, what
2 Mr. Dillon and
3
4 8. It seems to me
5 purpose of get-
6 in western de-
7 criminal proce-
8 is that informa-
I have said goes directly and fundamentally to the cri-
the jury will be told that not only by counsel but by m-
tion that the practice of putting pressure upon defenda-
ncing them to incriminate their co-conspirators is a wide-
9 range, which all strive in their own way to com-
eding. My understanding of the practice in the United Kingdom
ents who were participants in a crime are used from time
to time as
10 through some
11 persons will te-
12
13 '9. While it can be
14 have been brea-
15 primarily con-
16 ultimately is th-
17 induced to char-
18 Mr. Dillon uses. It goes without saying that their co-operation must
sort of inducement or threat. It is highly unlikely
simply because they think it is the right thing to do,
In some ways be seen as troubling that the Judges' Re-
19 tached in Marlon Dillon's case, it is nevertheless a mat-
cering to Mr. Dillon. The question for these five
e capability of Mr. Dillon's evidence. The way in wil-
nge his story is highly relevant to that. But the rights
er the Judges' Rules are personal to him. They are be gained
that such
rules would
er which is
defendants
it can was
enjoyed by
not rights
19 enjoyed by his
20 incriminate.
21
22 10. I find that the
23 integrity of the
Regina v. Joseph M. Yamasa,
2012 & 14 of 2013 03.05.13
1 to continue.
2 agree with my
3 were fully aware
4 5 11. I should not l
6 application is
7 the final add-
8 evidence when
second, I am satisfied that public opinion in this court
assessment, assuming that the relevant members of
are of the essential facts and considered the matter reas-
have this application without commenting upon its t
ought without any real notice to the Crown immediately
ess to the jury. I, of course, have jurisdiction
to admit it would result in the trial operating unfairly.
they would
the public
nably.
9 The
rely prior to
to exclude
ly. It was
10 open to any
11 an application
12 that the admis-
13 itself speaks w
14 integrity of the
15 case to go to th
16
17 12. The application
18
defence attorney to make an application that Marl
cluded on that ground. Not one of the five attorneys
it seems to me that if there was no significant reas-
tion of Mr. Dillon's evidence would operate unfairly, the
olumes about the somewhat more radical propositi
criminal justice system would be compromised by a
e jury.
is dismissed.
in Dillon's
made such
on to think
en that fact
n that the
lowing the
19 Dated this 3rd
20
Henderson, J.
21
22 Judge of the Gr
Regina v. Joseph M Tamara,
2012 & 14 of 2013 03:05.13
May of May, 2013
Day of May, 2013
and Court
Rennie Cole, George Mignotti Andre Burton, Ryan A. Edwards Ind. Nos.
60 of 2012, 62 of 2012, 63 of