Deportation issues aired

Convicted non-Caymanians face immigration concerns

A criminal conviction could have led to Gary Bowlyn being recommended for deportation when he was sentenced to 18 months imprisonment last Friday. 

Bowlyn, 37, is from Jamaica. He was on work permit when he assaulted a co-worker on a construction site (see separate story). 

Before passing sentence, Justice Alexander Henderson heard arguments as to whether he should recommend that Bowlyn be deported after his sentence is served. After an adjournment to consider submissions, he said he would refrain from making any recommendation. 

Defence attorney Ben Tonner had agreed there are various situations in which a person becomes deportable. He said one of them is being sentenced to imprisonment for not less than six months, as cited in the 2011 Immigration Law. But deportation is not automatic, he emphasised. 

Deputy Director of Public Prosecutions Trevor Ward pointed to a case from the early 1990s in which Cayman’s Court of Appeal listed factors to be taken into account before a court recommends deportation. It said the court should consider whether the person’s continued presence is a detriment to the Cayman Islands; the seriousness of the offence and criminal record of the offender; the effect a deportation order would have on other people not before the court. 

Mr. Tonner said Bowlyn did not want to go to prison and he did not want to go back to Jamaica, either. He said his client had formed a relationship with a woman here who was now pregnant with his child. He asked the judge to leave the question of deportation entirely in the hands of immigration officials. 

Justice Henderson said it was not clear whether Bowlyn’s continued presence in the Cayman Islands would be a detriment to the territory. He said the Immigration Board would be in a better position to decide. 

He agreed that Bowlyn had no previous convictions and this one was for an offence in the middle range of seriousness. 

The judge inferred that a recommendation for deportation could have an adverse effect on his unborn child and the child’s mother. He indicated this was a consideration for not recommending deportation.  

Justice Henderson highlighted another issue. He pointed to the Court of Appeal’s finding that a recommendation for deportation does constitute a sentence for the purposes of the Criminal Procedure Code. He questioned whether this would have the effect of reducing what would otherwise be an appropriate term of imprisonment. He said there was no authority on this point. 

After considering the matter, he was satisfied that a recommendation for deportation should not have the effect of reducing a prison sentence. 

He gave a hypothetical example: A Caymanian and a foreigner commit the same offence and are equally culpable, but receive different prison terms because the foreigner is recommended for deportation. 

That would be perceived by the public as being unfair to the Caymanian, he said. If the recommendation for deportation were not carried out, it would be unfair because part of the foreigner’s sentence was not imposed. 

Justice Henderson said any recommendation for deportation that he makes will not reduce any term of imprisonment he imposes. 

Judge Henderson

Justice Henderson
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9 COMMENTS

  1. I am appalled at the consideration being given to not deporting due to the fact he has a pregnant girlfriend. Like he’s really going to stick around to raise this child. What the underlying message here is that if you commit a crime, then get someone pregnant, you have a better chance of staying in Cayman. If you’re guilty, you’re guilty, no ands, ifs or buts.

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  2. We do not need people in the country that will assault co-workers.
    I imagine what they do in their own country much worse I presume…to suggest that deportation because he has a woman pregnant should be given careful consideration is really a grave disappointment and good judgement.

    People get pregnant every day, criminals also get pregnant, pregnancy is no excuse and he must be handled according to the law.

    Now, we can look for them to come out of the wood works with convenient pregnancies.

    Franz Manderson please fix this and fix it quickly.

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  3. Convicted criminals here by grace of work permit or other permission should do their time and be immediately deported from the island forever.

    No exceptions, perhaps if the victim had been more seriously assaulted or killed then there would be no argument.

    Or if the convicted criminal gets a second shot at the victim or displays new predatory behaviour then what?

    Stevie D.

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  4. to all my native / indigenous Caymanians to those who are not have Truly chosen to be so within their hearts

    Revolution soon come we shall over come restore All Things Caymanian !!!

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  5. One particular commenter on this site keeps mentioning a ‘revolution’ in their posts. We wonder if they might enlighten the rest of us regarding this matter further?

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  6. Indigenous, I hear you mentioning this revolution that is coming quite a bit. Can you tell me if the goal of this is to rid Cayman of anyone who is not indigenous or born Caymanian? Such as folks who chose to move to Cayman looking for a quiet and peaceful lifestyle. I would really like to know if while I’m spending the money I worked a lifetime to earn that local people are plotting against me while smiling in my face.

    When you’re looking to start your racial cleansing what do you feel should happen to the land that was legally purchased by foreigners? Is your intention that it should be confiscated and returned to the Caymanians who sold it?

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  7. the politician who first mention revolution in cayman should be ashame of himself. uninformed people are jumping on to the band wagon . some of these take what politicians say as gospel.

    to the poster talking about a revolution. have you read history and see what happen during such incidents in a country? have you seen Bosnia,Yugoslavia, Czecoslovakia?,Lybia have you been observing the news of what is going on in Syria? in a revolution some times its brothers against brothers,children against parents,neighbours against nighbours.Are you prepared for this in cayman?
    We claim to be a christian country,how inconsistent is your post with this concept. There is hardly a family in Cayman that is not partially mixed with the so-called foreign blood even when they try to hide that fact from their children. So, are they prepare to murder their in-laws, children with the foreign blood, grand parents who are non-indiginuous?
    Why this hate? is criminal acts by foreigers warrant a revolution? Did you think before you write poster? or are you motivated by a deep seated hate of foreigners. Tell us we would like to hear.What of the other countries where caymanians reside? What if they follow suit, would you like that?

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  8. to all concerned about the revolution it is will be intended to revolutionize the minds of all young caymaniians that they still have a birthright to succeed at what ever they choose to do in thier own country yes i include the mixed ones cuz I was born state side to a non-caymanian mother a caymanian father who can trace both his caymanian parents history way back past even donkey years ( by the way I am state side now being educated on helping these young people become succesful in their own country ).if you havnt noticed whats been going on due to lack of vision corruption from local politicians expats yes other native caymanians. this little country is in a real bad mess especially concerning the youth who among one of many things have lost their sense of idenity culture etc.
    it is high time for positive change by revolution shall it come. any way to much to mention but i say again if you do not or choose not to see whats happening well… change is still coming to preserve all things caymanian. wanna join for the positive ? stay tuned
    have a nice day

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  9. Indigenous, You describe yourself as an educated Caymanian, I suggest you do some investigation into what a revolution actually is. You say you are looking for change yet your words recommend violence and people fighting in the streets. If you really want to help young Caymanian, show them the result of what getting a good education and how it will presenting opportunities, and be a positive role model. You may not realize how your words are taken by the younger generation, but you are inciting violence when you speak of revolutions young people are very impressionable and you may find that your words start something you cannot stop and the blood will be on the hands of people like you.

    As far as a birthright to succeed, not sure what you mean by this. I believe everyone everywhere has the right to success but success is not just given to you on a silver platter you have to willing to work hard scrape and scratch you way to the top if needed. Not just wait for it to happen or else it never will.

    I don’t see how being born Caymanian equals success, nor does being born American

    Education plus hard work and determination equals success, thats what you should be showing the younger generations.

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