Defendant remanded in custody awaiting three burglary trials
Kenoi McCarval Smith was sentenced to two months imprisonment for attempted theft in Grand Court last week, after the Crown did not proceed with charges of robbery and abduction.
Although he had been in custody for five months, McCarval was not released because he still faces burglary charges in Summary Court.
On Aug. 6, Magistrate Angelyn Hernandez rejected a bail application made on his behalf after hearing objections from Crown counsel Scott Wainwright.
Defense attorney John Furniss told the court that Smith, 23, was arrested in February for the offenses, which occurred between September and December last year. He said the Grand Court had refused bail for the robbery/abduction matter because of concern that a firearm may have been involved. Bail for the burglaries was never addressed.
Last week, Crown counsel Candia James said the victim of the alleged robbery/abduction had given three inconsistent descriptions of the men he said had abducted him after he left a George Town bar on Sept. 20, 2014. The final description did not match Smith.
The complainant’s vehicle was later found abandoned behind a business on Mary Street. A door of the vehicle was open, personal items were missing and papers were strewn about inside. Ms. James said a fingerprint on the rear left door matched the defendant’s print, as did another print found on the owner’s manual inside the car.
Mr. Furniss said Smith had accepted that he had come across the vehicle after it was abandoned. Further inquiries had led the Crown to not proceed with the more serious charges.
Justice Malcolm Swift imposed a sentence of two months imprisonment for the attempted theft and said Smith’s time in custody should count.
In Summary Court, Mr. Furniss submitted that Smith could be granted bail pending his trials for the burglaries, given that his mother lived here and his girlfriend was willing to stand surety. The court could order an electronic monitor and strict curfew, he suggested.
The magistrate asked about Smith’s immigration status. She was told he had been in Cayman for a year on a work permit and work as a gardener was still available to him.
Mr. Wainwright said Smith’s fingerprints were at the scene of all three burglaries.
The magistrate denied bail but set trial dates as soon as was realistically possible – Dec. 7, 9 and 17.
In Summary Court, Mr. Furniss submitted that Smith could be granted bail pending his trials for the burglaries, given that his mother lived here and his girlfriend was willing to stand surety.