Crown calls two witnesses, closes case
Trial began in Grand Court on Monday for Bodden Town MLA Dwayne Stanley Seymour.
He is accused of attempting to pervert the course of justice by attempting to dissuade a security guard from giving evidence by saying, “Security, you nuh see nuttin’.”
The remark was allegedly made outside the Grand Caymanian Beach Resort on the night of 1 May, 2010, after the defendant was engaged in a physical altercation with Garrone Yap, a first-time visitor to the Island.
Mr. Yap said he came to Cayman to visit a woman he had met in Miami and he named the defendant’s wife. He said she was separated from her husband at the time.
Senior Crown Counsel John Masters, in his opening remarks to the jury of five men and two women, said the trial was not about the relationships between the parties. He did observe, however, that Mrs. Seymour was “not a piece of property” belonging to her husband. Mr. Masters also told the jurors they were not judging the merits of the altercation incident itself.
The Crown’s case was that the accused was attempting to dissuade the security guard from making a report of the incident. Mr. Masters closed his case on Monday afternoon after calling Mr. Yap and the guard, Adrian Bowen.
Mr. Yap‘s evidence was that he was waiting for Mrs. Seymour outside the hotel when Mr. Seymour approached and asked him what the f… he was doing on “my Island”. Mr. Yap said he replied he didn’t realise it was Mr. Seymour’s Island.
He recounted other things Mr. Seymour allegedly said and then told the court that when he replied, Mr. Seymour threw a punch that landed on his right cheek. He detailed the altercation, adding that another man joined in and attacked him as well.
After the incident, he said, the security guard was ushering Mr. Seymour to leave the premises. Mr. Yap told the court he heard Mr. Seymour say, “You didn’t see anything. I wasn’t here.”
Questioned by Defence Attorney Steve McField, Mr. Yap said he was not a martial arts expert; as a personal trainer, he did not teach martial arts, he helped with conditioning. He also told Mr. McField that Mrs. Seymour did not come to the hotel prior to the incident; she came afterward to see if he was injured. He disagreed with suggestions as to what was said between him and Mr. Seymour; he repeated his evidence that Mr. Seymour struck him first.
Mr. Yap agreed he did not tell the police the words he said Mr. Seymour used. Questioned further, he said Mr. Seymour used the words “just before I walked into the hotel.”
Mr. Bowen was the second witness. He told the court he saw a Mercedes-Benz parked in the fire lane. He said he approached the driver and told him he was not supposed to park there. The driver said his name was Dwayne Seymour. Asked if he knew Mr. Seymour’s occupation, he said MLA for Bodden Town. Asked why he didn’t ask the driver to move, Mr. Bowen replied, “He said he wouldn’t be there long and he was a Member of Parliament, so….”
Mr. Bowen said he continued making his rounds and when he returned he saw Mr. Seymour, Mr. Yap and another man. He did not see the start of the fight.
After the fight, he said he told Mr. Yap to go inside and told Mr. Seymour and the other man to leave. He said Mr. Seymour told him, “Security, you nuh see nuttin’.”
Asked what he thought that meant, he replied, “Well, if I don’t see anything, I can’t say.” Asked if he was concerned, he said yes. Asked why, he said he was an expat on work permit. Mr. Bowen agreed he did not want to give evidence. “I don’t like the court and the limelight and I’m an expat,” he said.
Mr. Masters asked him the significance. He replied, “You don’t know who have ties anywhere.”
He was then questioned by Mr. McField, who asked if Mr. Seymour had said to him, “You did not see anything.”
Mr. Bowen replied, “Not in that pretty English.”
Asked if Mr. Seymour had said, “I was not here”, Mr. Bowen said he did not hear that.
The security guard also said he asked the front desk to call 911 before Mr. Seymour made his remark.
After his evidence, Mr. Masters closed the case for the Crown. Justice Algernon Smith then adjourned court until Tuesday morning.