The expatriate worker who tried to bribe a police officer has lost his appeal against a six-month prison sentence.
Mathew Amidy, 24, was sentenced in Summary Court last month after pleading guilty to a charge of official corruption. He admitted offering $100 to a policeman not to proceed into an investigation of driving under the influence of alcohol.
The person suspected of DUI was Amidy’s friend and the incident occurred after the two of them had been out drinking.
In presenting the appeal last week, Attorney John Furniss explained that Amidy was a man of previous good character who was under the influence of drink on the night of the incident. A mechanic, he had been in Cayman only a short time but had been instrumental in restoring a part of the Island’s commercial life after Hurricane Ivan.
Amidy had apologised for his conduct and there was little risk of re-offending. His work permit will not be renewed and he will not be allowed to remain in Cayman, the attorney pointed out.
The magistrate had felt that there must be a deterrent sentence. She looked at UK cases and decided that six months was appropriate (Caymanian Compass, 15 April).
But, Mr. Furniss submitted, a six-month sentence in a more recent UK case had been reduced to three months on appeal.
Attempted bribery is a serious offence, Mr. Furniss agreed, because it seeks to deter public officials from performing their public duties.
The first few days after the cell door closes is when custody has its impact, the attorney said. He suggested that the five-and-a -half weeks Amidy had already served was sufficient to indicate the court’s disfavour. If not, then he urged the court to say that three months would be sufficient.
Crown Counsel Gail Johnson said the sentence was appropriate. She advised that the law had been amended in 1998 to increase the maximum penalty from three years to five years.
Ms. Johnson also noted that the sentencing magistrate had used the same starting point of 12 months for Amidy as was used in the UK case cited. The UK case involved a father offering a bribe on behalf of his son. The magistrate found no special relationship in the case before her.
Those who offer bribes must expect custodial sentences, Ms. Johnson concluded. ‘It’s unfortunate that this defendant is the example, but he has to bear the consequences of his actions.’
In announcing his decision, Mr. Justice Alex Henderson pointed out that bribery of police officers strikes at the very heart of the justice system.
Officers may perceive themselves to be poorly paid and they are in a position where bribes may well be offered to them on a frequent basis, the judge commented. Usually, no one would be present except the officer and the person offering the bribe. If the bribe is accepted, the system of justice is perverted, to the detriment of the public. Therefore, deterrence must be foremost.
The judge said legislators had signalled the importance they placed on deterring bribery. English authorities are always persuasive and entitled to respect, but they are not binding, he pointed out. Different social conditions will have different results.
The sentence for this offence must be substantial enough to have a persuasive deterrent effect. He said he was not satisfied that less than six months would be a persuasive deterrent.
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