Bail was refused on Wednesday for a Cayman Islands permanent resident who is wanted in the U.S. on fraud-related charges.
Iain Nigel MacKellar, 60, whose extradition hearing is scheduled for April 30, had applied for bail because of health issues. Defense attorney James Austin-Smith and Director of Public Prosecutions Cheryll Richards argued that matter last week and Magistrate Angelyn Hernandez gave her reasons on Wednesday morning.
The matter is expected to go for review in Grand Court on Thursday afternoon, April 12.
In setting out her reasons, the magistrate first noted that Mr. MacKellar’s health issues were a personal and private matter, and therefore not to be reported by the media.
She agreed with Ms. Richards that Northward Prison was able to meet Mr. MacKellar’s needs.
She noted that the defendant had offered substantial cash bonds and was even willing to pay for private security guards to ensure that he did not depart the island.
Ms. Richards had objected that the defendant, who is a U.K. citizen, was a flight risk. He had wanted to return to his own residence, which was described as oceanfront and in an isolated area of North Side.
The magistrate said it was clear that Mr. MacKellar had the means to purchase whatever was necessary to leave the island.
Mr. MacKellar was named with three other people on an indictment issued in Texas that alleges fraud involving a veterinary product for fleas. One of the charges relates to “reboxed pet products not manufactured and approved for sale in the United States.”
The alleged offense extended from 2008, Ms. Richards advised at a court hearing in December, days after Mr. MacKellar’s arrest at his home. She also said that Mr. MacKellar had stated he would not voluntarily surrender to U.S. authorities.
Chief Magistrate Nova Hall pointed out at the time that he had every right to fight the allegations and he was not obligated to assist the prosecution.
Mr. MacKellar has had permanent residence in Cayman since 2007.