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Judgment · jid 5548 · pdb #367

Erick Bush v R

[2009] CICA No. 12 · IND 0012/2009 · 2009-08-21

Possession of cocaine with intent to supply

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In the Grand Court of the Cayman Islands — Criminal Division
[2009] CICA No. 12
Cause No. IND 0012/2009
Between
Erick Bush
- v -
R
Before
Henderson J
Judgment delivered 2009-08-21

```html IN THE GRAND COURT OF THE CAYMAN ISLANDS HOLDEN AT GEORGETOWN, GRAND CAYMAN C.I.C.A.No. 12 of 2009 S.C.A.No. 25 of 2006 ERICK ARMANDO BUSH V. REGINA Attorneys: Ms. Cheryl Richards of the Govt. Legal Dept. for the Plaintiff, the Crown Mr. Ben Tonner of Samson & McGrath for the Defendant Bed: Hon. Justice Henderson He Erick E April 24, 2009 & May 15, 2009 REASONS FOR JUDGMENT Here v possush appeals from his conviction in the Summary Court on a charge of judgment insuion of cocaine with intent to supply. infer, a T There two points taken on appeal. Mr. Bush has argued that there was 2009. cient evidence before the Learned Magistrate from which she could conclude that his intent was an intent to supply. My reasons for judgment in respect of this ground have been delivered orally on April 24th, for appeal ar 1. for) - Erick Armando Bush v. Regina S.C.A. No. 25 of 2006 21.08.09 2. Jud Page 1 of 2

Mr. Bush also argued that the Learned Magistrate applied an incorrect test in her consideration of a public interest immunity application and thus prejudiced Mr. Bush's right to a fair trial. The argument on this ground was such that I felt it necessary to entertain the same public interest immunity application privately in my chambers in order to assess whether the withheld information should have been disclosed. I conducted such a hearing in the presence of Ms. Richards, for the Crown, and the investigating officer in the case on May 1st, 2009. Ms. Richards repeated to me the submission made by the Crown in the infi applicary Court in support of its successful public interest immunity Richard Suntion. After considering the facts and arguments advanced by Ms. end to the ds (in the absence of any representative of the Defendant), I found that not rel prination over which public interest immunity was being asserted was I advis tevant to the issues in the case, i.e., the requested information did not 205th 207 weaken the Crown's case or strengthen that of the Defendant. I am convinced of my conclusion by a memorandum to counsel dated May 2009. The Defendant was given a further opportunity to advance Datent on May 15, 2009, after which I dismissed the appeal from Judge c ion. Henderson, 21st day of August, 2009 Jud (Rea) Henderson, J. son, J. of the Grand Court

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