Ivan Lorine Kelly was working and had money to pay rent, but chose not to. Instead, he told Magistrate Grace Donalds, he was saving his money for a trip to Honduras.
He slept in a cabana at Airport Park on Dorcy Drive.
Kelly, 40, was arrested on Monday, 19 March, and kept in custody until his court appearance on Thursday, 22 March. The charge was being an idle and disorderly person – that in a public place he conducted himself in a manner likely to cause a breach of the peace.
The magistrate asked if he had a place to live. He admitted that, at the moment, he did not.
The magistrate then asked if there was a family member he could live with.
Kelly said being around family members had been his downfall. They would ask to borrow, but they would never return. ‘They were pulling me down, not forward,’ he said.
As a result, he had rented a place on Eastern Avenue, but he wanted to go to Honduras, where he was born. He moved out of the rental place so he could save the money.
He said he had a job with a tourism transportation business.
He told the court there are flights to Honduras on Monday and Friday. He said he would have boarded the previous Monday, but he had been arrested.
Senior Crown Counsel Andre Mon Desir expressed concern that Kelly might need help. A summary of facts indicated that the defendant had apparently defecated in a public place. Kelly denied that allegation.
Mr. Mon Desir did not object to bail, but said the defendant would need an address to be bailed to.
The matter was adjourned until the afternoon, when a friend came to court and confirmed he would provide a place for Kelly to stay until the matter was dealt with.
Two officers from the Department of Family and Children Services also attended, as did a veteran probation officer.
The two DFCS officers had had contact with Kelly previously, but he said he did not need their help. The probation officer said it was always gratifying when a client can work out his own situation and not need government assistance.
The social workers said Kelly could apply for long-term assistance because he is Caymanian. Kelly said he did not want to apply, but he would never say never. His intention remained to go to Honduras.
When the charge of being idle and disorderly was put to him he pleaded not guilty. Trial was set for Monday, 26 March.
On Monday, Kelly apologised to the court and the Crown for having the matter brought back. He said he had not been thinking clearly and now wished to plead guilty.
Mr. Mon Desir said the charge was laid after an airport worker observed Kelly lying asleep on a seat under a cabana in the park at 5.30am. There was a quantity of human faeces and urine on the floor in one of the bathrooms.
The worker had made a number of reports to police and called them again. Officers attended and spoke to Kelly. They told him he was trespassing by being in the park at that time.
He gave his name and an Eastern Avenue address. Shown the state of the bathroom, he denied any knowledge of it.
When officers said they were arresting him, he said no and ran. He was apprehended and, after resisting, was restrained. Police did not give him bail because the address he had provided proved false – he did not have any key to the house and no neighbour recognised him.
Kelly then admitted he had no place to live.
In court, he told the magistrate that he had been sleeping in the park, but he denied having anything to do with the state of the bathroom. ‘I would never do anything like that, anywhere,’ he said.
The magistrate asked if he still intended to travel. Kelly said he hoped to leave at 1pm that day for a vacation.
The magistrate placed him on a bond in the sum of $350 to keep the peace and be of good behaviour for the next 12 months. She required a surety in the same amount.
She also told Kelly to stay out of trouble. If he is brought to court again in the next 12 months for any other matter, the court could enforce payment of this bond.
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