The trial of former MLA Lyndon Martin continued on Monday, when he was cross-examined by Crown Counsel John Masters.
Martin is charged with five counts of obtaining property by deception; other charges allege that he made and issued a false work permit certificate and a false receipt.
Mr. Martin |
He pleaded not guilty and a Grand Court jury began hearing evidence last week Wednesday.
Mr. Masters asked numerous questions about the false documents. The Crown has already produced evidence that a format for the receipt was found on the hard drive of Martin’s laptop computer.
One of the deception charges and all the false document charges relate to Weldon O. Shaw, a Jamaican national who was in Cayman on a work permit as a carpenter’s helper.
Mr. Shaw’s statements were read to the jury because he is now back in Jamaica. A senior immigration officer said he had tried to arrange for Mr. Shaw to come to Cayman for the trial but Mr. Shaw said he did not have anyone to look after his children; he could not bring the children because he did not have travel documents for them.
Martin, who was arrested on 11 May, 2006, said Mr. Shaw came to his house the night of 8 May, 2006. Mr. Shaw had been there before doing work. He asked to use Martin’s computer to type a letter.
Martin said he opened a word document for him on a desktop computer in his son’s room and then left him. The laptop was also in that room.
Martin said he did not see Mr. Shaw create any documents. Referring to the logo that was on the false work permit, he said Mr. Shaw would have been able to find it in his computer because it was part of his letterhead when he was a Member of the Legislative Assembly. The letterhead contained the Cayman logo and his photograph. Mr. Shaw had said he wanted his letterhead to look like Martin’s.
Martin said he did not know why Shaw or anyone went on to the laptop computer.
Asked how Mr. Shaw got his photograph onto the false work permit document, Martin said Shaw would have scanned Martin’s letterhead and then pasted his own photo over Martin’s or removed Martin’s.
Mr. Masters asked if Shaw had any reason to gripe with Martin. Martin replied that Shaw had told him ‘All of this wouldn’t have happened if you had given me status when I asked.’
Earlier, Martin explained that he had been involved as an MLA when Cabinet had granted status in 2003. He said Shaw had solicited his support to be put forward for status. ‘I did not because I was not able to,’ he said.
Martin explained he had a committee of 12 that vetted people before they could be recommended.
He told the court Harold Spence was another person who had approached him during the first grants of status by Cabinet in 2003-04. Martin said he was not able to support anyone in Mr. Spence’s position -married to a Caymanian, he had a normal way of getting status rather than going through Cabinet.
After the 2005 election, he said, he had a conversation with Mr. Spence who said he had heard that the new government would be doing a status grant. Martin told him, absolutely not.
But Mr. Spence said he wanted to be considered – he wanted Martin to hold cash for the grant if it happened.
Martin told him to get a bank draft for $500, which was the standard status fee. Later he spoke to Mr. Spence and told him permanent residence was the best route for him.
When the bank draft’s expiration date approached, Martin used it to pay for someone else’s application. He lodged it on his spreadsheet for Mr. Spence. If he had wanted to cheat Mr. Spence out of money, he would have asked for cash.
After Martin’s evidence, Defence Attorney Ben Tonner called Mr. Leathan Martin, Lyndon’s father, to give evidence.
The senior Mr. Martin said he was at Lyndon’s house on the evening of 8 May, 2006. He said Weldon Shaw was there; he saw Weldon come out of his grandson’s room. Mr. Shaw said there was no light in the room and he couldn’t see to finish what he was doing.
Mr. Martin said Lyndon got him a battery lamp; Mr. Shaw said it still wasn’t sufficient light to see what he was doing, so he would come back the next morning.
Mr. Martin said he knew it was Monday, 8 May, because he and his wife celebrated their anniversary on the 11th.
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