Solicitor General outlines plot
Two more men, including the alleged
“mastermind”, appeared in Summary
Court on Tuesday charged with two other defendants
in connection with a kidnapping that
occurred last month.
Allan Sywell Kelly, 40, and Richard
Robert Hurlstone, 32, appeared for the first time. They are charged with abducting the young adult male victim
– inducing him by deceitful means to go to a particular address. There he was
kept in confinement, leading to the second charge.
They made an unwarranted demand of
his mother for $500,000 – in effect, ransom payment. This offence was charged
In addition, Kelly is charged with
assault causing the victim actual bodily
harm and threatening him with violence.
The two men who first appeared last
week face the same five charges as Kelly. They are Wespie Wilfred Mullings
Ramon, 36, and Charles Felix Sanders Webster, 28.
Solicitor General Cheryll Richards
set out details of the allegations against the four men and objected to bail
She said the victim repairs wave runners as a hobby. On Wednesday,
17 March, he received a call from someone requesting assistance. He explained
his charges and the caller agreed. The two were to meet in East
The appointment was rescheduled,
however, and the victim was told to
meet the caller on Thursday, 18 March at Driftwood in North Side. There he met
a man who identified himself as Robert. Robert directed him to a location near Rum
On the way, he was told to stop at
a certain house. Robert insisted he enter the house before seeing the wave
runners. Inside the house were two men.
was beaten, choked and kicked. Initially he fought back but was threatened he
would be killed. They then tied him up and restrained him until the next day.
Phone calls were made to the victim’s mother demanding money. The men forced the victim to ask for $500,000. The men said the mother should
not call police or her son would be killed.
Around 5.15pm on Friday, 19 March,
the men left the house. The victim
managed to escape and seek assistance from neighbours.
Ms Richards said Mullings was
arrested on Saturday, 20 March, at the airport as he was attempting to leave
Webster was arrested on Tuesday, 23
March, also as he was attempting to leave the Island.
Ms Richards said he had four suitcases, one of which contained a Rolex watch
and diamond bracelet, which had been taken from the victim
during the assault. Webster is the one who allegedly called himself Robert.
Mullings, Webster and Kelly were
identified in separate identification parades, Ms Richards told Chief Magistrate
The evidence against Hurlstone was
different, Ms. Richards continued.
mother said that on 18 March, Hurlstone handed her a cell phone, which she
identified as belonging to her son. Hurlstone told her two policemen had pulled
him over and given him the phone to give to her. He also passed on the alleged
message that she was to remain calm and not call police.
Hurlstone said this incident
occurred along South Sound and involved two men in an unmarked police car with
blue lights. Ms Richards said police reported there was no police vehicle at
the location described by Hurlstone.
The case against Hurlstone is that
he introduced the plan and had several meetings with the other men to rehearse
the plan. He allegedly gave one of the men $25 to buy a phone that could not be
traced and he was said to have inspected the place of confinement.
Since he is accused of counselling
and procuring the offences of abduction,
confinement and blackmail, he is charged as a principal, Ms Richards explained.
In her objections
to bail, she described Mullings as a Honduran national with Cayman status since
2004, and therefore having “one foot in each country”.
Webster was a visitor to the Island
and had no local ties, she said.
Kelly is a Honduran national on a
work permit and he is a boat captain.
Hurlstone, a Honduran national, has
been settled here for some time and owns a business registered to his wife, who
is sister to the victim. He owns a
Ms Richards said Hurlstone’s
mother-in-law spoke to police. She was concerned about the hardship that would
be caused if he would not be able to run the business in which her daughter is
involved. But the Crown was concerned about the boat ownership, she added.
The magistrate indicated that the
Crown’s summary made Hurlstone the mastermind.
Ms Richards noted that abduction and wrongful confinement of an abducted person
are offences that can be tried only in Grand Court and they attract maximum sentences
of life imprisonment.
The maximum sentence for blackmail
is 14 years.
Defence Attorney John Furniss said
he would not make a bail application for Mullings at this time.
Attorney Ben Tonner told the court
that Webster cooperated with police fully and gave an explanation for having the
items of jewellery: someone had sold them to him “at a good price.”
Webster was visiting and his
departure was always planned for 23 March; it had nothing to do with the
kidnapping incident, Mr. Tonner said. In addition, there was no forensic
evidence to date to link him to the scene, the attorney pointed out.
He asked the court to be mindful of
the length of time it would take before Grand Court trial and suggested bail
conditions could be imposed.
Attorney Marlene Smith spoke on
behalf of Hurlstone, pointing out that he has lived in Cayman since 1998 and
was happily married over 10 years.
She said the evidence against him
was uncorroborated. “Even the victim’s
mother wants him to be given bail,” she pointed out. If police were concerned
about his boat, it could be impounded, Ms Smith suggested.
In refusing the two bail
applications, the magistrate said these men were free to appeal against her
decision to Grand Court.
Kelly, who did not have attorney
yet, chose not to apply for bail on his own. He is to be brought back to court
on 13 April.
All four are to return together on