‘Very frustrating’ lack of progress on homophobic attack disappoints activists

An anonymous donor who offered a $10,000 reward for information about a homophobic attack in January last year has told the Compass they are “thoroughly disappointed” there has been no progress in the case, in spite of video evidence.

Following the attack on two men, 16 months ago, that left one victim with a broken nose, a local philanthropist stepped forward offering a financial incentive for information leading to an arrest and conviction.

On Thursday 25 May, the donor said it had been over a year since a suspect was arrested in connection with the attack.

“[I]t is very frustrating, but we suppose not unusual, that nothing has developed. We cannot allow this kind of hate crime to get a foot in Cayman. People should be able to walk the street safely and without fear of being targeted in our beautiful islands,” they told the Compass. 

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“When a crime like this does occur we all should have the right to expect speedy action, especially when a perpetrator is identified on video,” the local philanthropist stressed.

The anonymous donor added they remained “willing, standing by and happy to pay the reward”.

Waiting for justice

The criticism comes after Cayman Islands LGBTQ Foundation founder Noel Cayasso-Smith complained about the delay and lack of information from authorities on the progress of investigation.

Cayasso-Smith, speaking on Wednesday 24 May’s episode of the Cayman Compass lunchtime talkshow ‘The Resh Hour‘, said the victims “have not been updated” about progress in their case.

Cayman Islands LGBTQ Foundation founder Noel Cayasso-Smith speaking on The Resh Hour on 24 May, 2023.

He said he had had to write to the Police Commissioner for an update on behalf of the victims and was told that the case was with the Office of the Director of Public Prosecutions.

“The DPP needs to review these things a little quicker and decide what they intend to do because, at the end of the day, if I was assaulted I would want to know if the person that assaulted me had been kept behind bars until the court trial…. has it been to court? Why was I not informed? What is the situation? Should [I still] be in fear of being targeted again?” he asked.

The RCIPS, in response to Compass queries following Cayasso-Smith’s comments, said the complainants in the case have recently been contacted and updated on the status of the investigation.

“The investigation into this case was completed and a case file submitted to the Office of the Director of Public Prosecutions for ruling,” an RCIPS statement said Friday.

Cayasso-Smith blamed the removal of the initial investigator on the case as part of the problem in taking it forward.

The RCIPS, however, said, that “due to the serious nature of the incident the investigation was moved from Service Delivery to CID.”

It added that a referral was made to the Professional Standards Unit, and “appropriate actions were taken as recommended”.

The details of those actions were not released.

The Compass approached the DPP for an update and was promised a response that indicated there had been movement with the case, but, at publication time, none had been received.

Tackling hate crime

According to police at the time, the homophobic attack occurred at the Strand complex on West Bay Road on Monday 3 Jan. 2022 when two men, who were in a vehicle at the carpark, were approached by two other men who made homophobic remarks towards them, and then assaulted them, kicking and punching them repeatedly.

Cayasso-Smith said Cayman needs to look at legislation dealing with all hate crimes and strengthen the legal framework to protect victims.

The foundation, he said, is looking to review existing legislation, together with the support of other non-profits, and draft a proposal for government.

“We have to review what we have at present and what we want to change. So it’s at the beginning stage at this point,” he said, adding that he hopes that a draft can be done by October to present to the premier. 

Cayasso-Smith did commend police for efforts to mandate sensitivity training for its officers, 140 of whom have already completed their certification, he said.

The RCIPS said staff from the 911 communications centre, along with its officers, completed hate crime training provided by the police’s Training and Development Unit, with the support of the Cayman LGBTQ Foundation.

“This training is designed to help officers recognize hate crimes when they take place and to appreciate the devastating impact that hate crime can have on victims, their families and the wider community,” the RCIPS told the Compass.

This, it said, also places a responsibility on officers to record “hate incidents (something which may not be a crime, but is motivated by hate) so that support can still be provided and trends can be identified”.

This training, the RCIPS added, does not exclusively focus on one section of the community, however there are considerations specific to the LGBTQI+ community, as well as other factors such as disability, race and religion.

“It also discusses how officers can use available legislation to prosecute hate crime even when there is no specific legislation,” the RCIPS said.