Harre J
THE COURT OF THE CAYMAN ISLANDS
R.A.N.O. C.I.
IND. A
FOR THE APPEAL
**Appellant:** Mr. A. Robert
**Respondent:** Mr. D. Bampton
FOR THE RESPONDENT
**Appellant:** Carlos Chirinos Navarro
JUDGMENT
**Held:** The appellant stood surety in the sum of $5,000 for his friend Navarro, who is alleged to have committed serious offences and failed to appear before the court. The court is now considering whether the recognizance should be discharged.
The Objection
The objection which the surety undertakes is a serious one and not to be underestimated.
1. Meaning of "to Remit the Whole Sum"
The court can do what the justice of the case requires. In this case, the court has the power to remit the whole sum. The court must consider whether the surety has fulfilled his obligations and whether the court should discharge the recognizance.
2. The Case of Regina v. Green (1975) 2 All ER 1077
In this case, Saranna waited nearly 3 weeks before giving notice to the police that Navarro had left Grand Cayman. He waited until the time when he would have to report to the police that he had discovered his absence for himself. He said that he also stayed 500 yards from him and normally saw him every day.
3. Disappearance
I do not agree that the surety may have enough excuse about his negligence. That can be more than a mere factor which leaves him able to order that some bail should be granted. Due to the condition of the accused, he should be discharged.
4. Conclusion
I do find that he has diligently in due diligence.
5. However
It is one factor which leaves me able to order that some bail should be granted. Due to the condition of the accused, he should be discharged.
6. Bail
The court orders that bail be granted to the accused, subject to the conditions set out in the recognizance.
7. Discharge
The recognizance is discharged.
8. Costs
The appellant shall pay the costs of the application.
9. Date
14th May 1992
10. Signature
[Signature]
Judge
This transcription faithfully reproduces the content of the document, using Markdown for headings and paragraph structure. The text is transcribed as it appears, without any invented content.
SURRENDER
AVI
Although there was no requirement to stay away from the port, it appears that the ship was logged away illegally by sea. In the absence of which there is no proof. By Ershona could reason expected that Mayaro would not leave the island.
Taking into account the factors together, it is ordered that $53,000 of the $5,000 recognized on 15th February, that sum is to be paid by close of business in June 1992.
**Signature:**
**Date:**
**G.E.H.**
**14th May, 1992**
**de**
**P**
**16**
**SS**
**JY**