Former Police Sergeant Daniel Lowe was sentenced to 120 hours of community service and three months imprisonment, which will be suspended for two years, for insulting the modesty of a woman and using an ICT network to abuse.
The court heard from Crown Prosecutor Alister Cumming that at the time the incidents occurred, Lowe was still employed with the Royal Cayman Islands Police Service.
Mr. Cumming said that in August of 2008 a woman was seeking a roommate through an advertisement.
Lowe responded to the ad and indicated that his girlfriend would be staying at the premises, after which time an agreement was drawn up and she took up residence at the location.
Soon after, Lowe became suspicious that the two roommates were having an inappropriate relationship and in September 2008, his girlfriend left the abode.
On 19 October, 2008, five messages were left on the phone of the complainant, the person who originally placed the ad for a roommate.
Mr. Cumming referred to the messages as, ‘very explicit’ and ‘lengthy’.
He said once the matter was reported, and the investigation began, Lowe admitted to the offence.
In arguing the mitigating circumstances surrounding his client’s actions, Attorney Lloyd Samson paused and addressed Magistrate Donalds: ‘I know that you must be taken aback upon reading the evidence. However, I am asking the court to set that against 53 years of exemplary behaviour; personally and professionally.’
Mr. Samson urged the court to arrive at a balanced view of Lowe, who had disgraced himself and his family.
The attorney added that Lowe had paid a dear price, as his wife of 23 years has left the home with his 17-year-old daughter, who he is very close to.
Mr. Samson said that Lowe was also without work or income and his reputation was ruined, as he had gone from a respectable officer to someone now regarded with a degree of ridicule and shame.
He said his client had been seeking solace in church, as well as counselling and cited several awards the former officer had received while in the RCIPS. These included the Most Outstanding Traffic Officer award, the Neighbourhood Police award and the Long Service award.
‘He was cooperative and contrite and his plea has not only saved the court’s time, but has also saved the victim any further burden,’ remarked Mr. Samson, who added that Lowe had also profusely apologised.
In handing down her sentence, Magistrate Grace Donalds read a series of letters consisting of references, as well as a letter of remorse offered by the defendant.
She then asked what the maximum sentence for insulting the modesty of a woman was, to which Mr. Samson advised, $10, 000 or one year in prison.
The maximum penalty for using an ICT network to abuse is three years in prison, according to Mr. Samson.
Magistrate Donalds then sentenced Lowe to 120 hours of community service for the first charge of insulting the modesty of a woman, with no separate penalty for counts two, three and four of the same offence.
With regard to using and ICT network to abuse, she imposed a sentence of three months in prison, to be suspended for two years and for counts six, seven, eight and nine of the same offence, there was no separate penalty.