The sentencing of senior immigration officer Garfield (Gary) Wong was delayed again on Wednesday for one week.
Mr. Wong had been scheduled to be sentenced in relation to his August convictions for careless driving and leaving the scene of an accident in the early hours of Dec. 27, 2013, after his truck was in a collision with a car on Shamrock Road.
Magistrate Grace Donalds acknowledged Wednesday that the matter had to be adjourned administratively because an affidavit connected to the case had not been sworn, and she delayed the hearing until Oct. 31.
At the last hearing in September, Mr. Wong’s attorney, Dennis Brady, said he had recently come across a recording that may contain evidence of perjury having been committed during his client’s trial.
Mr. Brady did not go into detail about the contents of the recording nor the allegations of perjury, but he asked for a three-week adjournment to determine what actions he would take in light of his supposed recent finding.
However, at Wednesday’s hearing, no mention was made of the alleged perjury.
Wednesday’s hearing marked four years and nine months since Mr. Wong was arrested in December 2013, and was the 14th time Mr. Wong’s matter has been before Magistrate Donalds.
At his trial, Mr. Wong said he had been driving west toward his home when his cellphone fell from the seat to the floor of the truck. He said he checked his rear-view mirror and the road ahead, did not see anything, and then bent down to pick up the phone, taking his eyes off the road in the process.
Mr. Wong told the court at the time that as he retrieved his phone, he felt a bump and heard a thump, but thought he had hit a pothole and carried on driving.
Magistrate Donalds said during her verdict in August that Mr. Wong had shown a lack of critical judgment and he had failed to conform to the standards of a reasonable and prudent driver.
Mr. Wong was also charged with driving under the influence of alcohol, but was found not guilty of that charge last month.
According to evidence produced at the trial, a breathalyzer test given to Mr. Wong at the Bodden Town Police Station after the accident produced a reading of .184. The legal limit in Cayman is .100.
However, the arresting officer said he could not confirm whether he was in the room for the test. Magistrate Donalds said during her verdict that the inability to unequivocally confirm the officer’s presence raised a doubt. It appeared that there may not have been strict compliance with the law, so the breathalyzer certificate should not have been admitted into evidence.
The Traffic Law states that the constable operating an alcohol-in-breath measuring device shall do so in the presence of another constable and the result of the breath test is to be signed by him and “countersigned by the constable in whose presence it was made …”
Without evidence of the alcohol-in-blood level, the magistrate found Mr. Wong not guilty of this charge and acquitted him.