An 18-20 July trial has been set for four men charged in connection with drugs aboard a boat that went aground off Little Cayman last November.
The date was set in Summary Court on 2 June after a Grand Court charge was withdrawn the previous day.
The four men have been in custody since their arrest, in part because they are foreign nationals with no ties to this jurisdiction.
Trial was to have taken place 21 February for a charge of importing 300 pounds of ganja.
On that date, however, the Crown brought another charge, relating to 1,580 tablets of Ecstasy.
Defence Attorney Nicholas Dixey pointed out that importation of a hard drug can be heard in Grand Court. His client, Nicholas van Tongeren, elected trial in Grand Court.
The other defendants therefore had to go to Grand Court with him. They are: Solano Bennett, Andrew N. Williams and Benjamin O. Robinson. They are represented by Attorneys John Furniss, Lloyd Samson and James Austin-Smith.
In Grand Court last week, the attorneys reorganised their schedules to get a trial for the men as quickly as possible. They agreed on the week of 27 June.
On 1 June, however, Crown Counsel Andre Mon Desir advised Mr. Justice Alex Henderson that the Crown was withdrawing the charge of importation of ganja.
Mr. Dixey then rose to observe that the men are also charged with possession of the Ecstasy. He pointed out that the Misuse of Drugs Law allows for a Grand Court trial of importation and dealing and storing, but not for possession with intent to supply even though the penalties are the same.
He submitted that the only reason for withdrawing the importation charge was to deny these defendants a jury trial.
The judge said there was nothing for him to rule on.
The defendants appeared before Magistrate Nova Hall the next day. As senior attorney, Mr. Furniss spoke for the others and explained what had happened in Grand Court.
‘Now we’re back in this court trying to find a date – which will be after 27 June. So the whole farce has achieved nothing except to put the trial date back further,’ he said.
Mr. Austin-Smith advised that, because of what the Crown had done, there would be a double approach by the Defence: an application for judicial review and a submission of abuse of process.
The magistrate set aside 18-20 July for the men’s trial.
Mr. Mon Desir commented that preliminary points would further delay the trial. These were matters for the Defence, but ‘we want to get this done as quickly as possible.’
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