An American national has been remanded in custody after being charged with uttering a false document and being judged a flight risk.
Delbert Allem Hyland, 65, is accused of presenting to a real estate agent a document purporting to be a power of attorney for a man who owned property in Cayman. He appeared in Summary Court on Monday
That man, Donald Cosby of Colorado USA, died on 22 March, 2011. The power of attorney was dated 17 March, 2011. Mr. Hyland’s address on his charge sheet was in Louisiana.
Senior Crown Counsel John Masters told Magistrate Nova Hall that a power of attorney is operational only while the person is alive. Further, the notary whose signature and stamp appeared on the document had been contacted; she confirmed it was not her signature and not her stamp.
Mr. Masters outlined the situation in which the real estate agent had been contacted about selling an apartment at Poinsettia on Seven Mile Beach. The agent searched the land register, which revealed Mr. Cosby as the owner. She subsequently received an e-mail advising that Mr. Hyland was Mr. Cosby’s administrative assistant.
The agent received other inquiries from Mr. Hyland and she advised that since he was not on the register she could not disclose the information. She requested confirmation as to whether he had authority regarding the property. On 8 April, Mr. Hyland produced the power of attorney. He also requested that she reduce the price from US$425,000 to US$275,000 to get a quick sale.
The agent became concerned and reported the matter to the Financial Crime Unit.
“I have no hesitation in saying they have done a most sterling investigation,” Mr. Masters said of the officers.
Over the course of the next month the agent reported that Mr. Hyland continued to apply pressure to sell the property, supposedly because Mr. Cosby wanted to invest elsewhere. That could not be true, Mr. Masters pointed out, since Mr. Cosby was deceased.
Mr. Hyland also wanted the money from the sale to be transferred to a company registered in Thailand “with considerable disbursement to this defendant and some to be put in an account owned by his girlfriend. The whole picture smacks of money laundering. There is no other way to say it,” Mr. Masters told the court.
The agent subsequently advised Mr. Hyland that he would have to be physically present and he arrived on Island.
He was arrested last week for “knowingly and fraudulently” presenting the false power of attorney to the real estate agent at her office on 31 May.
Mr. Masters said further charges would be brought under the Proceeds of Crime Law. He objected to bail, saying the defendant was a high-risk flight risk.
Defence Attorney Prathna Bodden said she had just received the papers in the case, which did seem to be a complex matter. There was just one charge, she pointed out, and everything else was suspicion.
She asked for bail so that Mr. Hyland could prepare his defence.
The magistrate said the risk of flight was a significant barrier to bail. She had been told Mr. Hyland was willing to surrender his passport. However, from her time as senior deputy clerk of court, she could indicate “how many surrendered passports we have in the vaults and warrants for years for the people.”
She denied bail and set the matter for mention again on 21 June. Ms Bodden asked the magistrate to note Mr. Hyland’s signature on an application for legal aid.
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