Defense attorneys get time for legal arguments
The trial of three men charged with conspiracy to rob Scotiabank last year was postponed Wednesday after defense attorneys asked for time to study material they had received from the crown the previous night.
James Herbert McLean, 22; Christopher Julian Myles, 32; and Kevin Curtis Bowen, 31, chose to be tried by judge alone.
Justice Alexander Henderson put the charge to them Wednesday morning: that each man, from May 1 to May 4, 2012, in Grand Cayman, conspired with David Emmanuel Parchment and persons unknown to commit robbery at Scotiabank. Each of the three replied, “Not guilty.”
Parchment, 26, pleaded guilty last year. He agreed it was his car that was used by the robbers to arrive at and leave from the bank on Cardinall Avenue in downtown George Town just before noon on May 3, 2012. Parchment had initially reported that the car had been stolen.
Attorney Guy Dillaway-Parry, who represents Bowen, made the application for adjournment. He said there will be legal arguments based on the crown’s failure to disclose material. Further, he explained, he will be asking the court to stay proceedings.
Justice Henderson remarked at one point that the crown has the obligation to disclose everything in its possession that is relevant. But if they don’t have it, they can’t disclose it, he added.
Director of Public Prosecutions Cheryll Richards agreed with the application for adjournment. She explained that there was an initial disclosure officer who has since left the island; the officer who took over had difficulty gathering the material.
Justice Henderson extended bail for the three defendants until Nov. 22, when he will hear the legal arguments.
Attorney Michael Wingrave asked that sentencing for Parchment be put over until the end of the trial. The judge continued this defendant’s bail until Nov. 25.