The case of two men arrested Sunday in possession of an imitation firearm at a Savannah area home has raised a legal question for police.
Namely, what crime was committed?
According to the Cayman Islands Firearms Law [2008 Revision], in subsection 6: “Whoever has with him a firearm or imitation firearm with intent to commit an offence, to resist arrest or to prevent the arrest of another person … is guilty of an offence and, subject to section 39, is liable on conviction to a fine of $100,000 and imprisonment for 20 years.”
A police account of the arrest indicates the two suspects were taken into custody just before midnight at a Savannah-area home “in the process of constructing an object at that location.”
The object was later found to be an imitation shotgun, which was seized when the men were taken into custody.
Royal Cayman Islands Police Service Chief Superintendent Kurt Walton has no doubt the police officers involved in the arrest Sunday night prevented another serious crime from occurring.
“If you saw the photos and had we not intervened … I ask the question ‘would we have had another robbery?’ I bet we would have. What I’ve seen from the photos, it looks identical to a shotgun,” Mr. Walton said.
“Our officers, by their quick and tactical response, prevented another robbery from happening,” he said. Mr. Walton said section 18 of the Firearms Law quoted above speaks to intent, which he said a reasonable person would have to consider.
“Why were they sitting there building … a firearm?”
There have been about a dozen robberies or attempted robberies at homes and businesses in Grand Cayman since the end of August. The incidents have pushed reported robberies up nearly 27 percent in 2013 compared to the year before.