The man who challenged police last month because they held his passport was charged on Wednesday with theft from his employer.
Daniel Peter Frank Vanderwerff, 40, is accused of stealing US$230,647.29 from K-Coast Development Ltd., the company he worked for as project manager.
He appeared before Magistrate Nova Hall on 20 June, which was 51 days after he was arrested at the airport. On 30 April an officer of the Financial Crimes Unit questioned him, but he was not charged. He was required to surrender his passport.
On 4 May Defence Attorney James Stenning asked the Grand Court to find that Vanderwerff’s liberty was being restricted without legal basis and his passport should be returned so he could go back to Canada. He argued that there is no power to arrest or detain a person merely to make inquiries about him (Caymanian Compass, 7 May).
Legal arguments were heard on 10, 17 and 24 May and Justice Alexander Henderson delivered his judgment earlier this month.
On Wednesday, Mr. Stenning and Crown Counsel Tanya Lobban referred to this background. They noted that Vanderwerff was scheduled to be back before the Grand Court later that afternoon.
Ms Lobban gave details of the theft charge, which alleges stealing money between 1 April 2006 and 28 February 2007. She said Vanderwerff’s contract was terminated on 28 April. He had worked for K-Coast since November 2005.
He was responsible for sourcing materials and he dealt with a company in Canada. It is alleged he made representation to that company that it would receive its payments more smoothly if they went through a certain account, which he was in charge of.
Ms Lobban said other charges might be pending. Meanwhile, the Crown did not object to Vanderwerff being on bail.
Mr. Stenning told the magistrate that Vanderwerff went into custody on 12 June because he was frustrated and said he felt that being in custody would push the police to either charge him or release him.
He asked that Vanderwerff be allowed to return to Canada to work. As things were now, he could not pay his legal fees because he could not work.
The court did not have to worry about Vanderwerff not coming back because he was keen to go to trial and clear his name. In any event, there is an extradition arrangement with Canada, Mr. Stenning pointed out.
Ms Lobban said there are many foreign nationals coming before the courts in a similar situation. She had been told by Immigration officials that a temporary work permit can be obtained.
‘They recognise that people cannot support themselves without working. They have this flexible approach. It is not that defendants are refused work permits [when applications are made on their behalf],’ she said.
The magistrate believed that immigration officials deal with the question on a case-by-case basis. It would have to be so because there is a presumption of innocence unless or until a person is convicted.
She granted bail of $5,000 recognisance with a surety for $5,000. She also set a curfew.
Vanderwerff was told not to leave the jurisdiction without permission from the court or a higher court.
Minutes later, Ms Lobban, Mr. Stenning and Vanderwerff went to the chambers of Justice Algernon Smith. The hearing was open to the public.
The judge concluded that the Grand Court issue had come to an end because Vanderwerff was now charged and granted bail.
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