Malone CJ
UNI COURT
1
IN THE GEN.T
OF THE CAYMAN ISLANDS
HOLDEN AT TOWN, GRAND CAYMAN
BEFORE THE CHIEF JUSTICE
ON the 15
HO, 17th, 18th and 19th January, 1990
Trd.* 40/BB
REGINA v RODNEY MICHAUM JENKIN AND IWAYNE WILLIAM EBANKS
Mr. Anthony Jenkin for the Prosecution
Mr. Jerome Malone C. had been deceased
JUDGMENT
On the morning of Monday the 13th December, 1982 at about 7:30 a.m. Mr. Jerem Malone C. had been deceased. The brother and immediate neighbour of Una Yates ("time closed") found her dead body in the bathroom of her home. She had been shot twice. One shot to the right forehead and another that by left area of the neck where it joins the head. It is beyond dispute that the shot to the forehead was the first of the two shots and a contoured from outside the bathroom window. The second shot was bluish thin the bathroom with the fatal weapon held sufficiently even to the victim for there to be gun powder flakes on the edge a doound. Each shot would be potentially fatal but its effect, is not ntly of the other, would not be the same. Death would follow immediately after the second shot. Unconsciousness and inabil ity to roll the extremities would follow immediately after the first shot the victim might survive for several minutes extending perhaps, to an hour or longer. Those opinions of Dr. Davis I read from them conclude that the physical evidence cannot establish the time that elapsed between the two shots.
However, the evidence of the ballistic expert, Mr. Whittaker, leaves me without doubt that the two shots were fired from the same gun. That gun has not been recovered.
The text in the image appears to be a legal document or a court judgment. Here is a faithful transcription of the text, formatted with Markdown for headings and paragraph structure, HTML for tables, and LaTeX for math, as requested:
Judgment
The accused were charged with the manslaughter of the deceased. The twas of their participation in the joint enterprise of violence. It is not in question that the deceased was murdered, but premises burglarised. Nor is it in question that the man who is alleged to have participated in the joint enterprise was no prosecution's case I held on a no case submission that the case for the first accused to answer but that there was a case for the second accused to answer. The ruling in favour of the first accused was made because in my view the Crown had not adduced evidence in proof of an essential part of the case against him. Namely, any evidence which showed or which it could reasonably be inferred that the first accused knew why the man who killed the deceased went to the scene of the incident Clear with a gun. In arriving at that finding, I have taken account of the evidence of Bart McCarthy that on meeting the two accused on the evening of the day that the deceased's body was found, he asked them if they would go with the man who killed her to rob and kill her. Scarcely the question by McCarthy, assuming it was asked, implies a situation that both accused knew that their companion was armed. The situation is not their admission and neither admitted in the course of the evidence given to them by McCarthy. Consequently, that evidence from McCarthy is not evidence of knowledge live part of the accused that they knew their companion went to tag armed with a gun.
In the 198 inder of this judgment is concerned only with the second accused in whose case, as will appear, there was other evidence than that of McCarthy on which the Crown might rely. Therefore, a case for him to answer.
The deceased was about 70 years of age at the time of her death. She lived at West Bay. Attached to her house was a shop she owned and an apartment with the assistance of her brother, Jesse Yates. Both shops were found by Jesse Yates on the morning of the 13th December to have been ransacked and various articles were missing. Sr. C.I. $600.00 which Jesse Yates knew that she kept hidden beneath her mattresses and U.S. $1,000.00 which he believed she
This transcription aims to accurately reflect the content of the original document.
kept in fie recbag.
No money was recovered but some of the missing
articles r recovered though not from the person or premises of the
accused. accu
part
order of
on the background evidence in proof of the burglary
and the
he
the deceased， the evidence on which the Crown relies
to prove the accused's participation is：
(a)
a portion of the conversation which Charles Hydes
pl
Id took place between him and the accused in December
(c)
P2 shorty after the death of the deceased；
(d)
the conversation which Bart McCarthy said took
place at about 6 to 7 p.m.on the evening of the 13th
he
ember 1982 between him and the accused；
(e)
the record of an interview of the accused by New
Island Yard detectives on the 18th September 1983；
(f)
the caution statement by the accused recorded on
the 18th September， 1983；
dent Ca the finding of a knife embedded in a banana sucker
he conv the grounds of the deceased's premises；
(a)
a portion of the evidence of Andrea Ebanks.
There was a at between three of the Crown's witnesses as to the
location sur anana sucker. I have no doubt， however， that Chief
Superintend ingcho and Sergeant Roger Ebanks are correct in locating
it 8， 6" he bathroom window of the deceased's house.
ti
A
muersation reported by：
Hydes is that the accused is said to have told him
that both he and another man had guns or a gun and with
third man went to rob the deceased. They were
prised and ran away. The man who subsequently shot
deceased said she was not going to get away with
(b)
that and he was going to go back and get her. He left
the
accused and the third man and those two went to the
inten
onshore where the accused threw his gun into the sea.
The first
is the portion relied on by the Crown.
un
McCarthy is that the accused is said to have told
him
that the one thing he was worried about was a knife
can
he had left in a tree in case it had his fingerprints.
of
is said to have told McCarthy he was at the window
of
the house of the deceased taking out the jalousie
His
ones with the individual who shot her when the deceased
Mari
ale into the bathroom with a gun and said:
dec
bat 'You all come in here tonight. I have something for
bat
The cont
comparison rested the muzzle of a gun on the window
of
of thel shot the deceased in the forehead. They left the
an
room window and went into the bushes where another
walk
ot of t was waiting for them. They returned to the
detective
Ward
they
so through a window at the side of the house and searched.
an
interview with the New Scotland Yard
detective
heard, the caution statement relevant to the issue of
partici
a joint enterprise are the same. They recount that
on the
in the 12th December 1982 the accused was on his way to
the
get some to rob his companions of whom one was the man who
subsequ
left the deceased. They came to the deceased's house
and that
and that day.
he port
two shots and went with his companion to the place
from where ment
und of the shots had come. There he met the man who
had left
front of the house. That man then said what he had
done, nam
left the deceased. The accused and his
companior
When questioned by the New Scotland Yard detective,
the accus
d telling anyone two days after the shooting that he
had tried
the deceased or that he had a gun which he threw into
the sea. Th
ft
ion of Andrea Banks' evidence relied on by the Crown
hel
it that her customers know that her restaurant is not
is her
open on Sunday. The 12th December, 1982 was a Sunday.
The document appears to be a legal or investigative report discussing the credibility of statements made by individuals involved in a case. Below is a faithful transcription of the content, formatted according to the specified guidelines:
The Recollection of Statements and Conversations
The recollection of statements and conversations is not in question. The caution statement and the recollection of statements and conversations made by Hydes and McCarthy are put in question. The defence challenges the veracity of these statements and conversations.
If, however, both Hydes and McCarthy spoke the truth when each said that the conversation he reported had taken place, it cannot be concluded that it had been accurately reported. There remains a consideration of front conflict. For example, if the truth is that the accused was at the scene of the deceased's house when he heard the two shots, he cannot have been at the bathroom window when the deceased was shot.
If he raised his companion because they were surprised by the deceased, he would not have seen the deceased shot. The finding of the knife and the acceptance of McCarthy's statement that the accused was worried because he had left a knife embedded in a banana does not resolve those conflicts. Nor does the portion of Andrea Elh's evidence relied on by the Crown. The knife might have been found in the tree when the accused went to the back of the house after he had heard the two shots when at the front of the house. It might have been embedded when he was at the back of the building before he was surprised by the deceased.
Andrea Elh cannot resolve the conflicts as there is no evidence in the Crown's case that the accused had a knife in his hand when he and his companions would get some food. Consequently, the Crown's evidence does not put in question Hydes' statement that he was on his way to get food when the deceased got to his home.
The Crown's case against the accused is that the accused knew before he entered the house of the deceased that he was going there to participate in a robbery and that his companion, the man who shot the deceased, was armed with a gun. The Crown further alleges that the accused and that man got to the house to remove the glass panes from the bathroom window when they were surprised by the deceased who had a gun. Thereupon the deceased was shot by Hydes' companion. Having regard to the conflicts in the evidence tendered by the Crown, the question must be asked how does the Crown resolve those conflicts? It does so by adopting for
This transcription maintains the original structure and content of the document, including the use of Markdown for headings and paragraph structure, HTML for tables (if any were present), and LaTeX for math (none are present in this text).
The purp sations case against the accused the inculpatory matter in the conmattes os reported by Hydes and McCarthy and rejecting the exculpat of p. in the conversation reported by Hydes, in the record o and used interview with the accused and in the caution statement of the against th. The Crown then invited the Court to consider that evidence. Such the background of the murder of the deceased and the burglarapp. The Crown then invited the Court to consider that evidence. Such the background of the murder of the deceased and the burglarapp. The Crown then invited the Court to consider that evidence. Such the background of the murder of the deceased and the burglarapp. The Crown then invited the Court to consider that evidence. Such the background of the murder of the deceased and the burglarapp. The Crown then invited the Court to consider that evidence. Such the background of the murder of the deceased and the burglarapp. The Crown then invited the Court to consider that evidence. 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forward us. I felt late stage because as he expressed it?
McCarthy th. this like doing society some good."
McCarthy th. a witness in whom I can place my faith. Relevant to
that cond... accis, I think, the fact that in his interview by the
police in the used made no reference to the knife that had been found
embedded not thanana sucker. At that time the police had not heard
from McCleod that he had been told by the accused that a knife had
been embedded in a banana sucker and he was worried that his
fingerprints were on it. Accordingly it is not surprising that the
accused press's be questioned by the police about the knife. But if
McCarthy believed that the accused told him of his concern about
the knife I am unlikely that having of his own volition elected to
the police, he would not have made some attempt to
explain evidence of the knife. The fact that he did not is, I
think, 5 yds wation that McCarthy has not spoken the truth.
Consequence not sure that McCarthy was told what he says he was
told by in sed.
pe
by it to a more impressive witness. He appears to have no
criminal (id and he first made a statement to New Scotland Yard
detective col 33. His evidence is, however, contradicted by the
accused, Dewey Ebanks, who Hydes acknowledges was present
when he, unspoke with the accused.
accused ch on of admit to being present at the deceased's house when
the incident a place. He expressed himself as follows：
as I am sure Iwayne was in the vicinity of Che Che's
premises but not in her
presence. I understood he was walking on the road
his ex Miss Che and was in the company of a couple
1 he guys but I am not sure who they were.
understand that one or other of the persons he was
king by with was involved. I learned of that a
at le to Iwayne about the incident. Iwayne
acknowledged that Phillip was involved but did not
wa he tion a third person.
That ver vi ed the conversation is close to the account of his
movements! th y the accused in his caution statement and when
interview in confldi. H the evidence of Hydes.
If the accused then spoke
the truth the earlier denial that he was involved is not an
inconsis! indeed he would not have been involved.
Further
as the re
of Neoluntarily submitted himself to an interview by
detective used Scotland Yard, voluntarily made a caution statement
and pre fact witness in support of his story, his election not to
give evi-te oath is understandable and is not， I think， cause to
question law t redibility. Where I have a reasonable doubt I am
obliged accu to give to the accused the benefit of the doubt in
resolving a tellial issue. As I have a reasonable doubt that the
accused hose f Hydes claims he was told， I resolve that
doubt in or-used's favour and consequently find that Hydes was not
told by
usirndings with respect to the testimony of McCarthy and
Hydes di this case. My verdict is that the accused is not
guilty.
Dated 31
January， 1990.
Sir Denis Malone.