Bills total more than $10,000
A security guard found guilty of wounding with intent will not have to pay his victim’s medical bills because he has no means to do so.
A jury found Kenroy Leonard Rowe guilty on March 8. Sentencing was postponed until April 9 for a social inquiry report and victim impact statement. After hearing submissions last Thursday, Justice Charles Quin said he would hand down sentence on April 16 at 2:30 p.m.
Rowe was charged after an incident on March 21, 2014 at the Energy Lounge on Shedden Road, when the victim objected to being searched before being allowed entry. Justice Quin noted that the victim accepted the refusal. Defense attorney John Furniss blamed a third man for jumping in and “from then on things got worse.”
The weapon was a flick knife that Rowe had confiscated from another bar patron earlier and kept in his pocket.
Crown Counsel Toyin Salako told Justice Quin that the one stab wound under the victim’s heart caused him to lose consciousness; he lost so much blood that the police took him to the hospital rather than wait for an ambulance.
The judge remarked that their quick action may have saved the man’s life.
His victim impact statement included the ongoing effect of the stabbing on his general health, the emotional impact of almost losing his life, and the financial impact of the cost of medical treatment – in excess of $10,000.
Reading from various reports in his file, Justice Quin noted that the victim did have health insurance through his employer, but it seemed the insurer might not honor the claim “because they do not cover fights.”
Ms. Salako said the victim would like some kind of compensation, but the reality was that Rowe would not be able to make any payment.
Mr. Furniss pointed out that Rowe had been unemployed since the incident. Until he was remanded in custody after the verdict, he had been supported by his girlfriend and members of his church.
As a Jamaican national, he will be deported after serving his sentence.
The Cayman Compass reported a case in 2013 in which an insurance company refused to pay for a victim’s surgery because the wound was the result of a shooting.
A reporter contacted people in the insurance industry for comment. Mervyn Connolly, of the Health Insurance Commission, said it was possible that payment had been deferred until the conclusion of court proceedings. He noted that insurers had the right to include exemptions for injuries sustained while committing or attempting to commit a crime.
An insurance specialist suggested that the shooting victim ask for his claim to be re-adjudicated after the case was finished in court. If this was not successful, he could ask the Health Insurance Commission to review the matter.