Two convicted murderers who were transferred to the UK’s most secure prison have renewed their fight to be returned to Cayman, on the grounds that their human rights are being breached.
Justin Ramoon and his brother Osbourne Douglas are serving 30 and 33 years in prison, respectively, for what their sentencing judge described as the “chilling public execution” of Jason Powery in 2015. They were transferred to London’s HMP Belmarsh in 2017, after local authorities say they discovered the men were plotting an armed jail break.
The renewed challenge comes nearly two years after the UK Privy Council ruled against the holding of Closed Material Procedures, or secret trials, like the one used to transfer the brothers. Neither Ramoon, his lawyers, nor the public were present at that hearing, nor privy to the information presented by the government.
Transfer amounts to ‘breach of human rights’
At the heart of the brothers’ case is an argument that the decision makers who transferred them overseas to Belmarsh failed to consider the necessary support services needed to facilitate the men’s ongoing rehabilitation and their family life connections once relocated.
They also argue that the current system does not provide a means for them to demonstrate that they have been rehabilitated and are ready to be returned to Cayman
In summary, they say, this amounts to an unfair and disproportionate use of the powers of the local authorities.
Hugh Southey, KC, who represents Ramoon, claims the decision to transfer the men was made on an assertion that “doesn’t amount to enough significance to merit the transfer”.
“There was no way to test the strength of this evidence,” said Southey, who added that the information was withheld by the Grand Court on the grounds of national security.
“This assertion was not strong enough to be relied upon, and when taken with the other grounds, it ultimately resulted in the decision being disproportionate,” said Southey.
Ramoon and Douglas also claim that while in custody, prison officials have a duty to ensure they have access to their family, and by transferring them to Belmarsh without first taking into account how that access would have been maintained, resulted in a breach of their rights to private and family life.
“At the time of the decision, Cayman’s authorities had not taken into consideration the lack of telephone calls, much less visits… and, in essence, they said we don’t know what’s going to happen and we are going to have to depend on the UK,” said Southey.
According to Southey, the obligation to provide this access is a matter that lies squarely with the Cayman authorities.
Following the transfer, the Cayman Islands government has paid an annual fee of more than $90,000 to house Ramoon and Douglas at Belmarsh. The government has also provided approximately $27,000 per year for the men’s extended family to visit them. During 2019, six members of their family were flown to the UK to visit them.
In a sworn affidavit at a previous hearing, Ramoon told the court that he wants the chance to still be in his young son’s life, and that being away in prison in a foreign land had prevented him from having that bond with his son during the child’s early years.
No chance for a return
The British prison system is broadly divided into four categories, A-D, with A being the most secure, housing prisoners who are believed to pose the greatest risk to the community if they were to escape. Belmarsh is a Category A prison.
HMP Northward is a Category C prison. However, it is capable of housing all categories of prisoners for varying degrees of time. Prisoners’ classifications are not only based on their conviction, but on their interaction once behind bars. There are currently 33 inmates serving extended sentences for murder at Northward – not all of them are Category A prisoners.
Ramoon and Douglas are accused of being the leaders of the CMK gang, and reportedly had access to automatic weapons which they were planning to use to stage a jail break from Northward, leading to them being classified as Category A prisoners.
According to Southey, Ramoon and Douglas have not been given the chance to demonstrate that they are no longer Category A prisoners because they are currently kept under lockdown for significant periods of time each day, with limited interaction with other persons.
“Both plaintiffs are entitled to facilities to aid with their rehabilitation, and to address their risk and categorisation, but their current set-up does not afford this, which, in essence, means there is no chance, and will be no chance, for them to prove they are ready to be returned,” said Southey.
He called on Justice Marva McDonald-Bishop to quash the prison transfer order and have the men returned to Cayman.
‘Trapped in a merry-go-round’
Even if McDonald-Bishop were to quash the order, it would have to be returned to the Cayman Islands governor for reconsideration, which Paul Bowen, KC, who represents the Governor’s Office in the case, warned could create a looped “merry-go-round”.
“You do not have the information that the governor had when considering this matter, so you must give greater weight to his decision,” Bowen told the judge. “If the matter was returned to the governor for reconsideration, there is the very real likelihood that a similar decision will be made, which, in turn, would see another challenge being made and the protentional for a merry-go-round of sorts to occur – which the Court of Appeal has warned against.”
According to Bowen, the evidence used to transfer both men is largely in the public domain, and is strong enough to merit the decision being upheld when balanced against the risk they pose to the public and Cayman’s national security.
In response to the brothers’ complaint about the impact on family life Bowen told the court the matter should be viewed in context of the time leading to their transfer.
“There is no denying the significant interference with the plaintiff’s family life, however, when the matter is viewed in context with the state of that relationship prior to their departure, the court will see their isn’t much difference,” said Bowen.
He added, “Both men were considered high risk prisoners and were locked up for 22 hours of each day, this was a significant interference with their family life, which we submit is not much different now that they are further way.”
The matter continues before Justice McDonald-Bishop.
The Prison Papers
- Opening the case file on the brothers deemed too dangerous for Cayman
- Low-level killers or a national security threat?
- Exiled prisoners’ plea – ‘let us come home’
- Official – ‘Anyone’ could escape from Northward
- Near $1M tab to keep Cayman inmates in UK jails
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Dare we ask who is paying the legal fees for a Kings Counsel to represent these soulless thugs.
Cayman Islands taxpayers I assume.
These two are a strong argument for the return of capital punishment.
All the “clever people” say it is inhumane and ineffective. The reality is that there never used to be rampant crime on our streets. With rape, armed robberies and murder a weekly feature of our news.
These executioners forfeited their human rights by their callous murder of Mr Powery. What about the human rights of the victim’s family, they will never visit with him again.