Pension and welfare not enough for expenses, attorney says
Although he collected $550 per month from a seaman’s pension fund and another $550 from Social Services, the total was not enough for John Wesley Ebanks to meet his monthly expenses, defence attorney Richard Barton said in court on Monday.
Mr. Barton spoke in mitigation after Ebanks pleaded guilty to selling intoxicating liquor without a licence and selling lottery tickets. He told Magistrate Valdis Foldats that Ebanks paid $800 per month in rent, with other expenses including food adding up to $450. His $1,100 monthly income could not cover those expenses.
“Being a prideful man, he considered other means,” Mr. Barton said.
By way of background, he noted that Ebanks, now 66, was the eldest of nine children. He left school at age 13 to help his father support the family, going to work as a bellman at the Galleon Beach Hotel. He then went to sea. By the time he was 21 he was able to build a home for his mother.
She lived there until two years ago, when fire destroyed the structure after she left a hot plate on the stove. She now lives with another sibling.
Mr. Barton said Ebanks was further affected by health issues, including hypertension and eye problems.
“He was an independent man, always the provider. He is now having to come to terms with his limitations,” the attorney said.
Crown Counsel Nicole Petit said police were alerted to the offences while they were on patrol in the West Bay area on 13 January, 2011. A complainant informed them that Ebanks was selling numbers at a specific address.
The officers went there and made inquiries. Ebanks admitted selling numbers; asked to provide his book, he did so.
He was then asked if he sold liquor and he said he did, after which he was arrested.
The magistrate asked Ms Petit about the scope of the lottery tickets sale, but she indicated the file did not have such information. “Then I have to give the defendant the benefit of the doubt,” he replied, noting the charge specified selling only on the one day of 13 January.
The charge pertaining to liquor was much more detailed, he said. It specified rum in various size bottles and brands plus quantities of three different beers.
Ms Petit said $168 was seized; she asked that it be forfeited to the Crown. Mr. Barton did not object.
The magistrate thanked Ebanks for his guilty pleas, noting they had been entered the first time Ebanks came to court and didn’t have an attorney.
“That shows you are willing to accept responsibility for your actions and it saves the courts time and the expense of a trial,” the magistrate said. “You deserve credit for that.”
Ebanks had previous convictions for selling liquor without a licence, but they were spent [too old to take into consideration]. The magistrate said if Ebanks were younger, healthier and the convictions were not spent, he would be looking at a hefty fine and perhaps imprisonment. Instead, he was ordered to do 40 hours of community service.
Mr. Barton said Ebanks had done community service before as a gardener and was known to have something of a green thumb. The magistrate asked if Ebanks’ health would permit such work, but the attorney said his client would try his best.
In addition to probation, the magistrate ordered the $168 to be forfeited to the Crown and the seized alcoholic beverages forfeited to be destroyed.
He also warned that any breach would bring Ebanks back for re-sentencing.
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This is just a preview of how desperate people are becoming, taking the law into their own hands.
If the economy does not improve, more unemployment, more locals being replaced by foreignors in the workforce, more hikes in fees, and cost of living increase… these people (many of them who we admire for their law-abiding citizenship) will see that they have no other choice in hand, but to commit a crime in order to live comfortably.
Something has to be done, and penalizing people for trying to live, is not the sole remedy.
Bodden…
You really have no clue how the underground cash economy of Cayman works, do you ?
In almost every local community the unlicensed liqour and numbers game has been a way for poorer people to support themselves and survive for many years now…this isn’t spoken of obviously; people who live in those communities already know.
What is evident in the recent downturn of Cayman’s economy is the mercilessness of the RCIPS targeting and going after people flouting the law in this respect, mainly from desperation…
But cannot catch the gun-toting robbers who are robbing and threatening the lives of some of these very same people…or do anything to protect them.
Its obviously easier and less risky for the RCIPS to send its officers to arrest a peaceful person for selling liquor and numbers to survive than it is to send them after gun-toting bandoleros who might be happily waiting on them.
Now tell me, where is the justice in that ?
Let me assure you, if the RCIPS get information on who is selling unlicenced liquor and numbers, they are also getting information on who is carrying out these armed robberies.
Both sets of people live in and come from the very same communities and neighbourhoods.
firery, so what is the sole remedy in fighting crime?
With all due respect, I am not looking from a police-remedy for the answer to that above question.
Understand that beyond any view you hold of how policing should work in the Cayman Islands, the issue of fighting crime itself is more broad than you think. There is the involvement or needed involvement of the family unit, the community programs, the lawmakers of this country / economy, and the faith-based organizations. There is also the human psychology and sociological factors to consider for the reduction and prevention of crime.
Like I said before – Something has to be done, and penalizing people for trying to live refering to the policing in Cayman, is not the sole remedy to reducing and preventing crime.
Even if you could catch them doing the crime, if the factors like what I mentioned above is not considered, you will never reach to a solid remedy against the trend.
The very same people who are breaking the law, because there are no jobs. Are the same people who are protesting everyone of Premier Bush’s plans to create jobs.
So, you can’t say, look the other way while these people break the law.
If the people of Cayman, want to help the people of Cayman. Stop protesting everything the premier proposes. Allow him the create the jobs, and if after that, if his proposals don’t work. Then complain.
Ouch, Big Berd…
That’s below the belt, mate…and you know it !
2 points penalty deduction for you…lets’ keep this fight as fair as possible…
And that comment breaks all the rules.