Murder accessory charge amended

A judge granted bail on Tuesday to a second man charged with being an accessory after the fact in the death of Solomon David Webster on Sept. 7. 

Blake Christopher Barrell was granted bail following objections from the Crown and a successful application by attorney Laurence Aiolfi. At an earlier bail hearing on Sept. 12, Graham David Lauer, also charged with being an accessory in the case, was also granted bail. 

Jose Guadalupe Sanchez has been charged with the murder of Mr. Webster. 

In determining whether bail would be granted to Barrell, Magistrate Valdis Foldats explored the maximum sentences that would be passed if a person is convicted of being an accessory after the fact of murder or manslaughter. Two options were outlined in Cayman’s Penal Code – one was a sentence of 10 years, the other was life imprisonment. 

Under the Penal Code, if a person is convicted of being an accessory after the fact to an arrestable offense for which the sentence is fixed by law, the maximum penalty for being an accessory is 10 years. However, a person convicted of being an accessory after the fact to murder is liable to imprisonment for life. 

Further, the charge of accessory after the fact to murder must be tried in the Grand Court. The magistrate is therefore obliged to transmit the matter to the Grand Court immediately. Accessory after the fact to other offenses is an “either way” charge, meaning it may be dealt with in Summary Court or Grand Court. 

On that basis, the magistrate amended both charges and transmitted the case to Grand Court. 

This discussion did not arise in the bail hearing for Lauer on Sept. 12. Details of one of his charges allege that Lauer, “well knowing or believing” that Sanchez had murdered Mr. Webster on Sept. 7, assisted him by providing him with accommodation and telephone calls with intent to impede his apprehension or prosecution. 

The charge of accessory after manslaughter contains the same details, except that the words “unlawfully killed” Mr. Webster are used instead of the word “murdered.” 

The Crown did not object to conditional bail for Lauer, and he was released from custody to return to Summary Court on Oct. 6.  

Barrell also faces charges of being an accessory after the fact to murder and manslaughter. Charges allege that he, well knowing or believing that Sanchez had murdered or unlawfully killed Mr. Webster, assisted Sanchez by providing him with a telephone handset and telephone calls, with intent to impede his apprehension or prosecution. 

Crown counsel Nicole Petit objected to bail on the basis he was a flight risk, pointing out that Barrell has a U.S. passport and owns a boat. 

Mr. Aiolfi countered that Barrell had been born in the U.S. but had not lived there for any length of time and had never gone to school there; he grew up and attended school in Cayman. His family is in Cayman and his father has a business here, the attorney added. 

The boat Ms. Petit referred to is a small boat valued at $6,000 and it sits on a trailer in the yard. Barrell is a fisherman by occupation, but would surrender the boat to police if required, Mr. Aiolfi said. 

The magistrate granted bail with conditions that include a recognizance in the sum of $20,000; a surety in the sum of $20,000 with $10,000 of that as a cash deposit; a specified residence with curfew from 7 p.m. to 6 a.m.; and daily reporting to police. He was given a list of potential witnesses whom he is not to contact. 

If Barrell goes fishing, he is to report his intended site to the Marine Enforcement Unit along with times of intended departure and return. 

Ms. Petit suggested an electronic monitor, but the magistrate said there were sufficient conditions in place and the monitors could be better used with other defendants. 

Barrell was directed to appear in the Grand Court on Oct. 10. Sanchez is scheduled to be in Grand Court for the charge of murder on Sept. 26.