A legal aid dispute is threatening to delay a man’s trial over a fatal 2007 crash on the Esterley Tibbetts highway.
Emelio Borden-Castillo, 37, is charged with causing death by dangerous driving over the November 2007 crash that killed Australian Shaney Tania Bar-On, who was known in Cayman as Shaney Kol.
Borden-Castillo was driving a Red-Sail Sports van that struck Mrs. Kol’s Honda CRV. The 39-year-old died at the scene but her then 18-month-old daughter, Zoe, survived.
Defence Attorney Ben Toner told the Grand Court Friday he is challenging his client’s original legal aid grant, which required him to contribute $500 per month for legal representation.
Mr. Toner said Borden Castillo was fired from his job after the crash and cannot afford the contributions. Months after challenging the requirement for contributions, Mr. Toner is still awaiting a decision from the Legal Aid office, despite having done almost everything he can to hasten a decision, he said.
If successful, Mr. Toner plans to apply for more legal aid funding to pay for an expert witness to rebut two vehicle accident experts being called by the Crown.
‘Unsurprisingly, both of them put my client at fault,’ Mr. Toner said of the Crown’s expert witnesses. ‘Mr. Borden-Castillo denies the point of impact and denies he was at fault.’
Borden-Castillo is yet to formally plead to the charge. Chief Justice Anthony Smellie said he was unwilling at this stage to vacate the scheduled trial date and asked Borden-Castillo to return on 13 February to check progress and to enter a plea.