

When Former National Housing Development Trust Chairman Geoffry Ebanks diverted 60 loads of cleared vegetation to properties belonging to him and his father, he claims he did so legally and with the knowledge of the trust’s general manager.
Ebanks, 56, of North Side, is on trial for charges of breach of trust and conflict of interest. He denies any wrongdoing.
The vegetation in question came from an 11-acre site that was purchased by the government for low income housing in North Side.
“Initially, the plan was to have the material trucked to the landfill, mulched and then returned to the site. However, this proved to be an expensive and cost-prohibitive venture,” prosecutor Sarah Lewis said during the trial’s opening last week.
The jury is the third to hear the case’s opening, as the previous two juries were dismissed following several conflicts which arose after the prosecution’s opening address.
Failure to declare interest
The prosecution alleges Ebanks failed to get proper permission before diverting the vegetation to properties in which he had a vested interest, despite allegedly being told that he needed to first seek approval from the board of the trust.
“The plan was to have the material trucked to Beacon Farms, who had a mulcher, and was located a short distance away from the cleared land,” said the prosecution’s main witness Julio Ramos, while giving evidence.
According to Ramos, while it was possible for persons to obtain the cleared vegetation, such a decision could only be made by the NHDT’s board of directors, of which Ebanks was the chairman.
“There were some decisions that didn’t require board approval, such as which truck drivers to hire,” said Ramos. “Those decisions could be made by myself. However, when it came to matters such as how much each driver was to be paid, or even where the fill was to be taken, those required board approval.”
According to Lewis, truck drivers were being paid a flat rate of $60 per load by the NHDT to deliver the loads from the North Side site to Beacon Farms.
Lewis told the jury of six women and one man that a total of 303 truckloads were removed from the site, “all of which were supposed to go to Beacon Farms. However, only 171 loads were sent.”
“Two weeks after the deliveries began to be received by Beacon Farms, Mr. Ebanks began diverting the material to two properties in North Side… one farm in Hutland Road, which belongs to Mr. Ebanks, and the other to Willie’s Farm, which belongs to his father,” said Lewis.
Provisions made for wider public
During cross examination, Ramos told the court that the board had approved members of the community to receive some of the vegetation if they expressed an interest.
“Based on the minutes from the board meetings, it’s clear that Beacon Farms could never have taken all of the mulch, and as such members of the community were free to avail themselves of it, if they wished, isn’t that correct?” Ebanks’ attorney Oliver Grimwood asked Ramos, who responded, “Yes.”
Ramos clarified that while the board said members of the public could receive some of the load, the decision was taken that for safety reasons, they would not be allowed to attend the site, but rather the material would be trucked to them.
Grimwood then asked if it was fair to say that by “members of the public”, the board meant farmers, or persons with land and backyard farms, could receive some of the vegetation. Ramos agreed.
According to Grimwood, Ebanks was a farmer and therefore eligible to receive the material without going before the board.
The question the jury must now answer is whether the amount of material received by Ebanks was in excess of the amount the board intended.
Ebanks stepped down
When news reports of the alleged wrongdoing began to spread throughout the community, the board convened an emergency meeting, Ramos told the jury.
Following his arrest and charge, Ebanks resigned from the position of board chairman.
He remains on bail as the trial continues.
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Conflicted juries are not unusual in Cayman, is it possible to seek a judge only trial in cases like this?.