Two appeals are adjourned

The Cayman Islands Court of Appeal, which began its summer session last Monday, agreed to adjourn two matters until November.

Kim Ionie Moncreiffe was found guilty by a Grand Court jury in December 2006 of stealing over $49,000 from her employer. The judge ordered repayment and sentenced her to two and a half years imprisonment. She was granted bail pending appeal.

Last week, the court heard that Moncrieffe’s attorneys had been permitted to withdraw. Attorney Ben Tonner said he had been approached but could not assist unless Moncrieffe received legal aid funding. The court granted legal aid.

On Wednesday, Attorney Clyde Allen appeared on behalf of Sheldon Brown, whose appeal was to have been heard in March.

Brown is in custody, having been sentenced to 22 years after a jury found him guilty in January 2006 of attempted murder. He was convicted of attempting to kill James Fernando Martin at the old Cayman Islander Hotel in August 2004.

Solicitor General Cheryll Richards said Brown’s previous attorneys had been permitted to come off record. She and Mr. Allen were present to receive directions for the court on new dates for filing of grounds of appeal and the hearing of the appeal.

Mr. Allen confirmed Alastair Malcolm QC would be available to argue the appeal in November. Brown told the court he was confident his new attorneys had the situation in order.

One matter that went ahead was the appeal against sentence by Raymond Mark Solomon. He was convicted of causing grievous bodily harm with intent.

He received a term of four years. The judge passing sentence said it would start that day because he was taking into account the fact that Solomon had spent some time in custody.

Attorney Phillip McGhee said it was not clear if the whole of Solomon’s time was taken into account. He pointed out that Solomon had been held 13 months before the trial. He argued it would have been better for the sentence to be set for the offence, with time served then deducted.

After discussing other aspects of the matter, which also involved a co-defendant, the court agreed that four years was the appropriate sentence for the offence. The judges therefore gave Solomon credit for his 13 months in custody.

The summer session began with Attorney Shaun McCann welcoming the judges on behalf of the private bar. He said he would not be on island at the close of the session and therefore wished to pay tribute to court president Justice Edward Zacca, for whom this is the last sitting. He thanked Justice Zacca for his leadership since 1984.

Crown Counsel John Masters advised that Attorney General Samuel Bulgin and Solicitor General Cheryll Richards would be coming to court in the following weeks to mark the occasion.

Justice Zacca expressed thanks for Mr. McCann’s kind remarks and appreciation for his courtesy to the bench.

Hearing this matters with the president this session are Justice Ian Forte and Justice Elliott Mottley.