Cayman’s public prosecutor has changed its stance in the case of Tarrick Kevin Crawford, accused of killing two people in separate vehicle collisions, and his ability to stand trial.
The Director of Public Prosecution‘s office previously cast doubt on Crawford’s cognitive ability to follow court proceedings over the deaths of Chuck Ebanks in December 2020 and Shayne Ewart in January 2021.
During a brief hearing on Friday, 10 May, the Crown provided a report indicating Crawford, with cognitive training, might be capable of entering pleas and understanding the proceedings after all.
Justice Cheryll Richards asked whether such training was available on island and, if not, how the prosecution would access it. She also asked, if training proved futile, what the ODPP’s ultimate stance would be.
The Crown indicated the judge’s feedback would be passed to the ODPP and the appropriate person would provide a response.
Though the matters have been before the court for more than three years, Crawford has not entered any pleas due to the doubt over his cognitive ability.
‘Unfit to plea’
Crawford first appeared before the Grand Court in relation to Ewart’s death on 1 Oct. 2021, at which time the first mental health report was ordered by the defence counsel.
Three weeks later, defence counsel Carina Clare, also holding for her office, told the court her office had received the report, but noted it was “not appropriate”.
“There is still an outstanding psychiatric report,” Clare said. “All I know is, a report was requested, and a very short report came back, and it is not appropriate.”
It would take another year and four months before the second report was completed – largely because Crawford kept forgetting to go to his appointment.
In February 2023, then prosecutor Greg Walcolm told the court that the second report expounded on the previous document and had reached a similar conclusion.
“The penultimate paragraph would suggest we will need to do another neurological report, as the initial findings of the psychiatric report indicates the defendant’s inability to properly comprehend the proceedings would make him unfit to be arraigned,” said Walcolm, reading from the report.
“[A] conclusion of diminished responsibility is based on his ability to comprehend the proceedings of court so as to make a proper defence. With his slow capability of information processing, he would find it difficult to concentrate on the proceedings and so not be considered fit to plead…”
Both reports were commissioned by Crawford’s defence team, which acknowledged the court’s discretion to accept the reports and the prosecution’s right to contest the matter.
During the hearing in February 2023, prosecutors expressed an initial acceptance of the report but asked for a further delay to review the matter once again, noting that no further reports would be sought.
However, during the adjournment, the prosecution commissioned its own report, which again delayed the proceedings a further nine months.
More delays over cognitive ability question
In November 2023, prosecutor Scott Wainwright told the court that Director of Public Prosecutions Simon Davis had personally reviewed the file and wanted yet another report.
“The director [of public prosecutions] has personally reviewed the file and found that the second report was insufficient, as it did not provide any reasons for the conclusions, or evidence to support its findings,” said Wainwright, who proceeded to request an eight-week delay to accommodate a new report.
News of the director’s stance was met with strong criticism from Crawford’s attorney Prathna Bodden.
“This is becoming an all-too-familiar occurrence where the prosecution’s word cannot be trusted, even if provided in an email,” said Bodden at the time. “When we last appeared, the prosecution said no additional reports would be requested and now days before the matter is slated to be heard, to hear that a new report will be needed is unfair to the defendant and to the families of the victims.”
Bodden added, “To come and say we need a further review because the matter is serious is pointless. The charges were serious when they first happened, and nothing … has changed.”
The November request also prompted Richards to express her concerns and displeasure over the last-minute delay.
“This is deeply regrettable,” she said. “I agree with the defence, that to suddenly come a few days before it is slated to happen and ask for an adjournment is deeply unfortunate. What it means is that the prosecution did not properly consider it when it should have.”
The court’s request on Friday for clarity from the prosecution on cognitive training means another delay. If the training is available, the delay could last several months if not years, depending on the amount of training Crawford requires.
In the meantime, Crawford remains in custody.
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