Minister’s DUI trial adjourned after one witness completes evidence

Three more days will be needed, counsel agree

One officer completed his evidence on Tuesday afternoon and a second witness was due to be cross-examined when Magistrate Kirsty-Ann Gunn adjourned the trial of Education Minister Rolston Anglin. He is accused of careless driving plus driving under the influence of alcohol and, in the alternative, driving whilst impaired.

All charges arise from a one-car accident along the West Bay Road some time after 2am on 23 May this year.

The officer who charged him, Sergeant Clesford Lumsden, said he did so after observing that Mr. Anglin was unsteady on his feet and he smelled the scent of alcohol from his breath.

Questioned by Attorney Steve McField, Mr. Lumsden agreed it had been raining heavily earlier that night, but asserted it was raining lightly when he arrived at the scene. He also agreed that the driver’s side of the car was in the bush and it was wet and there was debris on the ground where Mr. Anglin came out of his car. The officer said a lot of trees were broken down from the accident and Mr. Anglin had to walk on them.

Mr. McField suggested that was when Mr. Anglin stumbled, but the officer said no – that Mr. Anglin was out of the debris and on the shoulder of the road.

Earlier, Mr. Lumsden said that when he first got to the scene, about 2.50am, he opened the door of the vehicle and observed Mr. Anglin behind the steering wheel and an unknown female in the front passenger seat. He asked if they were injured and ascertained that they were not.

He then went back to the police vehicle to fetch his notebook and Police Constable Ian Terry came and told him that the female needed to use the bathroom and he was going to take her to the Westin Hotel so she could use the bathroom.

Mr. Lumsden said he gave the okay and shortly after that Mr. Terry returned without the female. He asked where she was and Mr. Terry said she was staying at the Westin and did not come back. Mr. Lumsden said he told the constable he did not have any details of the female, so Mr. Terry rushed back to try to find the lady.

He said he asked Mr. Anglin who the lady was and Mr. Anglin replied that she was a delegate attending the Caribbean conference.

When Mr. Lumsden asked her name, he said Mr. Anglin began looking through some papers and then said he could not find it. The officer said it was during this time that he smelled the scent of intoxicating liquor on Mr. Anglin’s breath. He had a roadside breathalyzer and requested a specimen; he said Mr. Anglin complied and the result was a reading of .136. The legal limit for driving in Cayman is .100.

Mr. Lumsden said Mr. Anglin told him the accident occurred when he saw another vehicle coming toward him and he swerved “over here”. The officer told the court that Mr. Anglin said that or something like that. Mr. McField suggested that Mr. Anglin had told him he went to turn around in the road and the car skidded. “No, sir,” Mr. Lumsden replied.

Constable Terry said that after he received permission to take the female to the hotel, he transported her to the Westin – roughly 250 feet from the accident site — and she went inside while he waited in the lobby area. He waited a while and when she did not return he went to the front desk to make some inquiries as to who the person was and her room number, but the clerk could not provide him with any information. He said he went back later, but still didn’t get any information.

After Crown Counsel Matthew Coles completed his questions, the magistrate explained that it was after 5pm and Mr. Terry would be questioned by the defence on the next date, 27 November.

Several other police officers are scheduled to give evidence and the Crown is calling an expert from Miami who is available only on 27 November.

The magistrate said she would look in the diary for two more days so that the matter could be completed.
 

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