Judge takes night to decide sentence

Justice Alexander Henderson told the Grand Court Thursday he would decide overnight the appropriate sentence for the former deputy chairman of the National Housing Development Trust, Edlin MacArthur Myles.

A jury last week took two days to find Myles, 62, guilty on four counts of obtaining property by deception and three counts of obtaining a pecuniary advantage by deception.

The court had heard the insurance salesman had used his position to obtain personal information about housing applicants who he then contacted to sell insurance that the applicants did not need at the time.

In a full courtroom, Justice Henderson heard the crown’s closing argument in which Deputy Director of Public Prosecutions Trevor Ward told the court that Mr. Myles had committed a breach of trust.

Mr. Myles received $630 from the commission of sales.

Mr. Tonner said housing applicants had known Mr. Myles was on the board and said “they were aware he was wearing two hats.”

Justice Henderson described the case as one of “gross conflict of interest.”

“In the ordinary case, a person that walks into an insurance office with the possibility to buy insurance, it is not in a fiduciary [relationship],” Justice Henderson said. “This is different because he was the director of the trust and because he introduced himself on the telephone as phoning from the trust.”
He added, “He has a public trust as a director …. He has an obligation to the public, in particular to applicants for affordable housing …. He has a duty of trust towards them,” he said.

Mr. Tonner said his client had lost his career and any prospect of returning to the insurance industry after the Cayman Islands Monetary Association issued instructions to Mr. Myles’s former employee forbidding him to be rehired.

Justice Henderson will deliver sentencing in the Grand Court at 10 a.m. Friday