A release from the Elections Office states that District Returning Officer Dave Tatum had concluded that Mr. Martin is not qualified to be elected as a member of the Legislative Assembly pursuant to section 62(1)(e) of the Cayman Islands Constitution Order 2009.
This section refers to anyone who is serving or has served a sentence of imprisonment exceeding 12 months. It also includes anyone who “has been convicted in any court in any country of an offence involving dishonesty”.
Mr. Martin was convicted in 2008 of obtaining property by deception.
Under the Rehabilitation of Offenders Law, a person who was sentenced to a community service order as Mr. Martin was, would typically have his or her conviction considered spent after five years.
The Constitution would appear to have priority over that law, and does not specify any time limit, so conviction for a crime of dishonesty would remain a disqualification.
Voters in Cayman Brac and Little Cayman now have four candidates, from which to elect two members: David Bodden, Juliana O’Connor-Connolly, Moses Kirkconnell and Maxine Moore.