Former athletics association chief cleared of criminal charges

The Grand Court has thrown out a trial against former Cayman Islands Athletics Association President Dalton Errald Watler-Lyons, who was accused of possessing criminal property, in relation to US$30,000 found in his George Town home in May 2021.

His attorney moved a motion to dismiss the charge Friday, 26 Aug., after the prosecution completed its presentation of its case to the jury in the trial that began on Tuesday, 23 Aug.

Oliver Smith, QC, representing the defendant, who is known locally as Dalton Walter, argued that the prosecution had failed to provide enough evidence to support its allegations, and had not established any criminal activity or link involving the money found and Watler.

Watler maintained, since his arrest in May 2021, that he amassed the money over a four-year period by withdrawing cash from his personal savings account, and then purchasing US currency from Cayman National Bank.

The jury had heard that a search of Watler’s banking history revealed only one transaction, in which he exchanged $675. However, this search only spanned 17 months, some 31 months shy of the timeline provided by Watler.

Justice Marva McDonald-Bishop ultimately ruled the circumstantial evidence before the court did not meet the legal standard.

“This court is of the view that the evidential threshold, to which the prosecution must prove this defendant’s guilt beyond a reasonable doubt, has not been met,” said McDonald-Bishop.

She said the prosecution’s case lacked “the salient evidential point” that linked the money or Walter to criminal activity, as set out in Sections 135 and 144 of the Proceeds of Crime Law.

Section 135 states that a person commits an offence if they acquire, use or possess criminal property. Section 144 states that the prosecution does not have to prove that a defendant acted in a criminal matter, so long as it can prove the funds were “obtained through conduct of one of a number of kinds, each of which would have been criminal conduct”.

“In this case,” the judge said, “the prosecution is not using lifestyle or lack of means to ground the charge, it is not suggested that the defendant could not have saved the money for the period that he states.”

The jury was directed to return a not-guilty verdict in favour of Watler, who was then formally cleared of the charge and released from bail.