Two Jamaican nationals charged with illegal landing had their ordeal at sea narrated in Summary Court on Tuesday through interviews with immigration officials and mitigation by defence attorney John Furniss.
The men, Andy Ichard Bennett and Xavier Shane Watson, were found with three Caymanians early on Friday, 31 August. Families reported the Caymanians missing after they left Grand Cayman by boat around 19 August and had not returned by 23 August. The three, all from West Bay, were James Michael Ebanks, Sidney Henry Ebanks and William Miguel Bush.
Crown Counsel Kenneth Ferguson said there was no evidence to contradict the stories of the two Jamaicans. “The Crown has no proof they were here for any nefarious purpose,” he told Magistrate Valdis Foldats.
In their interviews, the men said they were fishermen and their boat developed problems after they left Jamaica. They were stranded at sea for four days before the Caymanians rescued them. The Caymanian captain – Miguel Bush – told them they were on their way to Cayman Brac and were willing to assist by towing their boat to the Brac, where they would be handed over to authorities.
Unfortunately, the rescue vessel ran into bad weather and developed problems and they all found themselves drifting out to sea together. The boat that was doing the towing couldn’t continue and the Jamaicans’ boat was cut adrift.
There was an issue with a passing bulk carrier, Mr. Furniss related. When the men tried to get assistance, the carrier continued on its way in such a manner as to cause concern for the stability of the vessel the men were on. “Certain things were sprayed on the men that caused sores on their skin,” Mr. Furniss said in relaying his instructions.
“They didn’t get to Cayman Brac – they got to East End. In the morning they walked up to the road and spoke to someone who rang for police and the ambulance,” he summarised. The men were in hospital overnight, being treated for dehydration and exposure, he indicated. In total, Bennett and Watson were adrift for 16 or 17 days, Mr. Furniss told the court, and it was Bennett’s boat that was lost.
“Yes, they entered without documentation, but they never intended to enter at all,” he pointed out.
The offence of illegal landing is landing in the Cayman Islands without the specific permission of an immigration officer, which both men pleaded guilty to. Mr. Furniss said the boat they were on arrived off East End on Thursday night, 30 August. He asked if the men should have gone up to the road immediately or was it right to wait for daylight.
The magistrate asked what was the proper procedure for people who have been adrift at sea. An immigration officer present said authorities should be alerted – either police or immigration or the Port Authority of the Cayman Islands. The magistrate said the offence was technical, in the sense that the men should have notified someone right away. He asked if they had been cooperative and the officer said yes, they had answered all questions.
During the discussion that ensued, the magistrate posed a question: “The elephant in the room is what were they doing in a boat in the Cayman Islands?”
Mr. Furniss summarised his instructions: “They’re fishing and the chapter of disaster continues: your boat has problems, the next boat has problems and you end up in court.”
The magistrate noted Mr. Ferguson’s scepticism and his own concern that the men’s vessel would have drifted all that distance from Jamaica to a spot between Grand Cayman and Cayman Brac. “You know we have many cases of people arriving in boats carrying drugs. We have to send a message – regardless of how you get here, you have to follow the letter of the law.”
He concluded there was no proof of the reason the men were in a boat in Cayman waters. There was also no question that they had an ordeal at sea. His sentence was one day imprisonment, with conviction recorded. He noted that deportation would follow administratively.
The men had been in custody since their release from hospital on 1 September. Brought to court on 4 September, they were remanded while identities and records were checked.
Their charge sheets showed Watson, 36, as being from an address in St. Mary Parish, Jamaica, while Bennett, 25, was said to be from Westmoreland.
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