Top legal figures weigh anonymity plea for alleged sex offenders

Legal heavyweights have examined a lawyer’s plea to give defendants in sex assault cases the same right to anonymity as victims.

Richard Barton, president of the Cayman Islands Legal Practitioners Association, who emphasised he was speaking in a personal capacity as an experienced defence counsel, said he could see the thinking behind the argument.

But he added, “With all the best intentions in the world, it would be difficult to restore any defendant to the reputation they had previously.

“I can see the logic in it, or the reasoning in it, but also, where does the distinction end as it relates to others that are before the courts for offences generally?”

He and other senior legal figures spoke out after top defence lawyer Amelia Fosuhene called for a change in the law after a client last month was found not guilty on two counts of sexual assault against a woman after a jury deliberated for fewer than three minutes.

Fosuhene said at the time that, although Khalil Mejia, 29, had been found innocent of any crime, a shadow would hang over him in the minds of many and it was unfair that complainants could not be named, but defendants could.

Barton added that “rightly so, we take great care in preserving the anonymity of the complainant” in sexual assault cases, which had wide support.

“I think it’s within that context that the discussion arises, as distinct from other matters where complainants are not routinely anonymised,” he said.

“I appreciate there are concerns around these issues, but that is not to say that I am advancing them.”

He added there was a distinction between acquittal – being found not guilty – and dismissal, which was “generally something that follows procedure … typically something in the procedural process which generates dismissal”.

Appeal proceedings

Barton said that appeal proceedings also had to be considered in cases where the Crown launched a bid to have a dismissal quashed.

“If the appeal from the Crown is successful, the defendant’s name will be revealed,” he explained.

“Even then, it could be some time later and a potential offender could be at large, if indeed the case was dismissed for reasons that were eventually overturned on appeal.”

Jose Griffith, president of the Law Reform Commission, did not rule out a change in the law.

“The broad issue of Penal Code reform is currently under examination by the commission and sexual offences are a part of that examination,” Griffith said.

“The point raised is indeed one that merits research.”

After the not guilty verdict was announced in her client’s trial last month, Fosuhene said, “It should be the case in trials like this that nobody is identified until a verdict is reached, and then only in the event of a conviction.

“This young man has the stigma of having been accused of this offence and she, who cannot be named because of reporting restrictions, does not.

“Clearly the jury could not have believed her because the verdict was so quick. I’m quite upset for him because he is a young man of impeccable character.”