Prosecutors say before they can move forward in a historic fentanyl sentencing case, they will need input from a United States FBI expert on the dangers of the Class A drug and its negative socio-economic impacts.
Alexander Barbour, of the Office of the Director of Public Prosecutions, told Magistrate Phillipa McFarlane on Wednesday, 18 Oct., that although most things were in place to move ahead with the sentencing of Adrian Frederick Scales, an outstanding expert report on fentanyl and its impacts was still needed.
“Originally, the ODPP was able to secure a contact within the United States Department of Homeland Security, who would have prepared a report on the dangers of fentanyl; however, that fell through,” said Barbour.
He added, “Since then, we have made contact with an expert used by the FBI who will now prepare the report, so we will need more time, and, given the importance of this sentencing and the lack of previous similar cases, we believe it would be beneficial for the courts to have when contemplating its ruling.”
Scales, 26, is an American tourist who was caught with 0.09 grams of fentanyl in powder form, upon arrival at the Owen Roberts International Airport on 4 Oct. 2022.
He was charged with one count of importing the drug, to which he pled not guilty.
On 1 Aug., Magistrate McFarlane returned a guilty verdict against him and remanded him into custody pending her sentencing ruling.
Although Cayman’s courts have dealt with drugs of varying classes, including cannabis, cocaine, crack cocaine, ecstasy and heroin, as well as a host of prescription-grade medications, this is believed to be the first time that a person will be sentenced for possession of fentanyl.
Magistrate McFarlane agreed to the adjournment to allow for more time for the expert report to be completed.
Scales was remanded into custody and will make his next court appearance in November.
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