Three defendants remanded after results
Urine analysis kits that provide immediate drug screening results were used during Summary Court last Thursday for what is believed to be the first exercise of this kind in Cayman Brac. Of five men tested, three were remanded in custody and taken to Grand Cayman after their tests were positive for the presence of ganja and/or cocaine.
Chief Magistrate Margaret Ramsay-Hale raised the issue after reviewing several files for one defendant. She told him custody was the appropriate sentence. “But I’m doing better,” he replied.
The magistrate read aloud from a report — his probation officer had terminated an interview with him because she was concerned he was under the influence of some mind-altering drug.
The man told her something that was difficult to hear because of the acoustics in the Aston Rutty Civic Centre and the way the microphones were set up.
“Do the police have kits?” she asked, referring to urine analysis tests. Told no, she directed Court Marshal Donovan Ferron to contact the Court House in Grand Cayman and ask for five kits to be sent over on the next flight.
The next man was to be sentenced for possession of ganja and refusing to provide a urine specimen for testing. The magistrate told him to wait for the test kits.
Two other men were in court for breaching their probation order. They were also told to wait.
“This is what we do in Grand Cayman,” the magistrate said. “We test defendants right at court. It keeps them honest; it keeps them clean.”
During an adjournment to await the 3.30pm flight, Police Sergeant Ashton Ferguson said this would be the first use of instant tests that he was aware of on the Brac and he has been there nine years. “I’ve never done it before, but it’s welcome,” he commented.
He explained that when police take blood or urine specimens from suspected drug users, the samples are sent to the hospital lab in Grand Cayman and it can take a month or more to get results.
The test kits arrived around 3.45pm and were administered.
First to be dealt with was Kevin Cruz Scott, 23, whose ganja possession occurred in November 2008. His test was clean and the magistrate congratulated him, but warned, “Anybody can get clean; the challenge is to stay clean.” She placed him on probation for one year and ordered costs of $322.50.
Corey Nikito Brown, 23, tested positive for ganja. He told the court he had been with somebody who was smoking ganja. The magistrate said she had heard that excuse before, but it could not be true. Facing a breach of probation order, he was remanded in custody until 7 December.
Marcus Burmon Scott, 30, also tested positive for ganja and the magistrate said he should be in jail. Attorney Lloyd Samson called the recent use a relapse and asked for another chance; the probation officer said Scott had shown some improvement lately. His matter was adjourned until the next Brac court and he was warned not to give another positive result then.
Sidney Levy, 31, tested positive for ganja and cocaine. The magistrate remanded him in custody until 24 November and agreed to his request for a portion of the sample so that he could get it independently tested.
Duane Frederick, 33, told the court he was unable to provide a sample. Faced with custody, he admitted “using” three weeks earlier. The magistrate said on that basis he should be clean in another week and remanded him in custody until 25 November.
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