A top lawyer has backed a probe into whether foreigners convicted of possession of small amounts of drugs get off more lightly than Caymanians who land in the dock for similar offences.
Richard Barton, the president of the Cayman Islands Legal Practitioners Association, said the government’s approach to look at drugs “on a national level” should be applauded.
He added, “The very sensible suggestions made by the honourable attorney general are also welcomed to allay any concerns as to whether there is disparity in sentence.
“This exercise should not be confined to nationality but applied more broadly to ensure consistency and certainty in the process.”
Barton was speaking after Attorney General Samuel Bulgin, KC, said in Parliament on 19 Dec. that he would request a review when Bodden Town West MP Chris Saunders raised constituents’ concerns that foreigners got preferential treatment in court.
Bulgin told him that he would ask Chief Justice Margaret Ramsay-Hale to carry out a review of drugs case statistics over the past few years to establish the facts.
Barton, who has called for an overhaul of drugs legislation to loosen penalties for amounts of cannabis for personal use, added that the impact of convictions on otherwise law-abiding people could be huge.
He said, “Visitors and residents are real people with families and professional and philanthropic obligations that are often severely undermined for small portions of cannabis or cannabinol derivatives that are inadvertently brought in to the jurisdiction for one reason or another.
“Far too often lives are completely shattered for possession of negligible amounts of gummies or vape pens that are obtained legally where they reside.”
Barton praised Saunders for his “mature views” on the topic.
He added, “It is encouraging to know that, while we are firm in our stance against substance abuse, we are able to strike a balance and not derail lives of otherwise productive people that have made a genuine mistake.
“It is important not to resist the temptation to assume the ‘defendant’ is merely an abstract statistical reference and to take a just and human approach so that people are given an opportunity to learn from their mistakes in appropriate circumstances.”
Bulgin explained to MPs that the courts took into account a variety of factors, including background reports and previous convictions, when deciding sentences.
He said judges would “look at the sentencing guidelines that have been crafted by the chief justice and see where that particular person falls, what range that particular person falls into”.
Bulgin admitted, “I am not in a position to say one way or another that I’m aware of any sort of deliberate effort or otherwise in terms of how sentences are handed out based on one’s nationality, status or anything.”
The same sitting of Parliament also heard that the number of drugs offences recorded showed a steady decline.
Barton said, “It is also comforting to know that the overall drug offences are on a steady decline annually.
“This is testament to our frontline officers and the hard work they have deployed to ensure our borders remain safe.
“A balanced approach in deterrence, rehabilitation and education are all factors that contribute to combat crime in general and, in many instances, people are more inspired to do good once given a second chance to make a difference.”
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