Adjourned until 6 October
Trial began in Summary Court on Wednesday for former government minister Frank McField on charges of disorderly conduct and threatening violence.
The charges arose from an incident that occurred along the Harquail By-Pass (Esterley Tibbetts Highway) in the early hours of 9 November 2006.
A separate incident in September 2006 has already been heard by another court, with Dr. Frank being found guilty of assaulting police, threatening violence, resisting arrest and disorderly conduct. He was fined $2,300 (Caymanian Compass, 26 February).
In November 2006, police stopped a car after it passed through radar at 60 mph in a 40-mph zone. Dr. Frank was a passenger in the vehicle.
The first witness, Police Constable Tamara Jackson, was questioned by Crown Counsel Nicola Moore.
PC Jackson said she smelled alcohol on the driver’s breath and advised him she wanted to do a roadside breath test. The driver was cooperative, she reported, and the test showed he was under the legal alcohol limit.
While she was taking details from the driver to write up a speeding ticket, Dr. Frank came out of the vehicle. She heard him mumbling and when he came closer she heard him say ‘If I had a machine gun I would get rid of every last one of unna.’
PC Jackson said she didn’t say anything to Dr. Frank at that stage because she was dealing with the driver. Then she heard Dr. Frank say ‘You f—- racist Cayman Bracker.’ The officer noted she is not from Cayman Brac.
She said he kept interfering as she was asking the driver questions. She relayed other comments allegedly made by Dr. Frank and described his behaviour. She said she told him to stop, but then got to the point where she had enough and told him she was going to be arresting him for disorderly conduct and threatening violence.
At the police station, PC Jackson continued, Dr. Frank was in the booking-in area with the Inspector on duty. He was telling the Inspector ‘I’m sorry. I know I said stuff I shouldn’t have said.’ He said he was drunk and that’s why he had his worker driving the vehicle.
The Inspector kept booking him and Dr. Frank got upset again. He used the phrase ‘old racist Cayman Bracker’ and the Inspector said she was not from Cayman Brac.
PC Jackson said Dr. Frank then referred by name to an inmate of Northward Prison and said he should get the inmate out of jail to ‘come and deal with all of unna.’
She said the Inspector told Dr. Frank he would have to spend the night in jail to calm down. He replied he was not afraid of jail; it didn’t frighten him.
Defence Attorney Clyde Allen cross-examined the witness. He asked in detail about the words allegedly said, pointing out that the words in the charge were different. Ms Moore rose to observe that PC Jackson was not the one who wrote the charge.
The words in the charge are ‘I wish I had a machine gun so I could take out all of you’ and ‘I should get [the inmate] out of jail to deal with a few of you people.’
PC Jackson said when she wrote her report she changed ‘unna’ to ‘you’ to make it understandable.
Mr. Allen asked if she weren’t scared when the comment about the machine gun was allegedly made and if she thought Dr. Frank was really going to get a machine gun and take out all of you. The officer answered no to both questions.
In re-examination, Ms Moore asked if the machine gun comment was a possible breach of the peace. The officer said if Dr. Frank had continued he would get more aggressive and anything could happen – anything was possible.
The auxiliary officer who was on duty with PC Jackson was to be the next Crown witness, but there was not enough time to complete his evidence.
Magistrate Nova Hall then worked out a date for the trial to continue, taking into account the court’s diary and the attorneys’ other commitments. The first available date for everyone was Monday, 6 October.
Mr. Allen said Dr. Frank would be giving evidence and he would call the driver as a defence witness.