In Grand Court on Friday, Deirdre Scott was given a sentence of 12 months, suspended for two years, after pleading guilty to the offence of fabricating evidence in a murder case.
Mrs. Justice Priya Levers indicated that she was giving the young woman a second chance while considering the interests of the state.
In setting out the facts, Senior Crown Counsel Adam Roberts explained that on 14 February 2004 Chadwick Bush was shot dead in George Town in the middle of the afternoon in a crime it was no exaggeration to say shocked the country.
Police started enquiries and in the course of their investigation spoke to Scott. In February, she made a cautioned statement implicating two prisoners who were on pre-release work placement as being the murderers.
She then made a witness statement and agreed to give evidence in any subsequent trial. As a result, the two men were charged with murder.
In August 2004, Scott wrote a letter denying the truth of her witness statement. The letter was delivered to a defence attorney and forwarded to the Legal Department.
Mr. Roberts told the court that he personally caused the police to make further inquiries. In November, Scott made a further statement confirming that her letter was true.
The Attorney General wanted to make sure that there was no doubt as to what Scott was saying. He asked for another statement and Scott again admitted that she had not told the truth in her first witness statement.
As a result, the Attorney General entered a formal declaration that he would not proceed against the two men and they were released from any further charges (Caymanian Compass, 6 January).
Mr. Roberts said it was true that, were it not for the statement of Deirdre Scott, the two men would never have been charged with murder.
The Crown also advised that the maximum sentence for fabricating evidence is seven years. He informed the court that the Attorney General viewed this matter as one of extreme seriousness and had expressed the view that a non-custodial sentence would not be appropriate.
Defence Attorney Keva Reid spoke of Scott’s impeccable background, her community involvement and outstanding academic record.
Scott’s family had been involved in church work and her current unfortunate situation probably had its genesis in what should have been a benevolent act, Ms Reid offered.
The family had befriended one young man, trying to get him employment and supporting his rehabilitation. Scott went to visit him in prison and was introduced to another prisoner and a friendship developed.
This prisoner and another were allowed out of prison to work while still serving sentences. Scott, then 22, volunteered to take them to their work and back to the prison.
After the unfortunate murder of Chadwick Bush, police ‘for whatever reasons’ believed these two prisoners were involved and they arrested Scott.
Ms Reid said police indicated to Scott that her car had been at the scene of the murder and she was totally bewildered by this because a mechanic had taken her car to repair it that day.
Scott was told that if she didn’t say something she would be charged as part of a conspiracy to commit murder.
She was in custody and learned of threats not only against her but against her mother.
Scott was in anguish and stupidly made statements to police about the two prisoners they suspected. She remained in custody for four months.
Ms Reid said her client did understand the gravity of the offence and the fact that it goes to the very heart of the justice system. One saving factor was that the two men charged with the murder were already incarcerated; her accusations did not put them there.
Scott entered her guilty plea July. In fact, she had wanted to plead guilty earlier, but her attorney had not been present and the court suggested she wait.
In passing sentence, the judge said that, if ever there was a young lady with a bright future in the country, Scott was one such person. It was a tragedy that she had got involved with the law this way.
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