Sanderson J
IN THE GRAND COURT OF THE CAYMAN ISLANDS
HOLDEN IN GEORGE TOWN, GRAND CAYMAN
S.C.A. NO. 59 OF 2001
ANTHONY CONNOR
- VS -
REGINA
PROCEEDINGS had and taken by THE HONOURABLE
MR. JUSTICE SANDERSON on the 10TH
day of May, 2002, George Town, Grand Cayman.
APPEARANCES:
For the CROWN: MS. S. LOOK LOY
For the DEFENDANT: MR. J. FURNISS
(SANDERSON, J. -- ORAL REASONS FOR JUDGMENT)
There was no suggestion that the juvenile had kept the wraps and there was no issue that a quantity of drugs were found on the floor between the juvenile and the defendant. Any suggestion that Whittaker kept all the wraps begged the question of how the wraps ended up on the floor near to the defendant.
The only evidence before the Court as to the disposition of the wraps came from Whittaker, he had said they were given to Connor and a portion of cocaine was found on the floor near to Connor. The contradiction of the finding of drugs on Whittaker with Whittaker's evidence that Connor took possession of all the cocaine is inconsistent, as I have said, with the assertion that such evidence was given to prove that Connor was the owner of the drug. But it does not, in my view, materially affect
(SANDERSON, J. -- ORAL REASONS FOR JUDGMENT)
cocaine back to Mr. Connor, she cannot properly rely on his evidence to conclude that he took possession of some cocaine after it was cut.
The learned magistrate had the benefit of seeing Mr. Whittaker and assessing his demeanour and overall credibility. It is always open for the finder of fact to accept part or reject part of a witness' evidence.
Appellate courts are always reluctant to interfere with trial judges' findings of fact unless they are clearly wrong and this is even more so when it comes to a question of credibility.
In this case I cannot see that a finding based on the credibility of Mr. Whittaker, as well as the other evidence she referred to, is clearly wrong. I think she was entitled to conclude that the defendant was in possession of the crack/cocaine based upon the evidence of Mr. Whittaker and the other circumstantial evidence she referred to. Accordingly, the appeal is dismissed.
MR. ROBERTS: Thank you, My Lord.
MR. FURNISS: Obliged, My Lord.
WHEREUPON COURT ADJOURNED
(SANDERSON, J. -- ORAL REASONS FOR JUDGMENT)
REPORTER'S CERTIFICATE
I, LISA M. BAKER, Official Court Reporter, hereby certify that the foregoing pages are, to the best of my skill and ability, a true and accurate transcript of the proceedings had in the said Court and reported in machine shorthand by me on the date and place aforementioned.