Quin J
IN THE GRAND COURT OF THE CAYMAN ISLANDS CRIMINAL SIDE INDICTMENT NO: 0093/2011 THE QUEEN V ROBERT AARON CRAWFORD Appearances: For the Crown: Ms. Tricia Hutchinson, Senior Crown Counsel, on behalf of the DPP Defence Counsel: Mr. Nick Hoffman of Priestleys on behalf of the Applicant/Defendant Before: Honourable Mr. Justice Charles Quin Heard: 1st - 2nd October 2012 EXTEMPORE RULING ON STAY APPLICATION
The Defendant is charged with possession of an unlicensed firearm contrary to s.15(1) and s.15(5) of the Firearms Law (2008 Revision) and the particulars of the offence are that the Defendant, on the 18th day of November 2011 at the Esterley Tibbetts highway, in the vicinity of the Island Heritage Roundabout had, in his possession a firearm, namely a Stock German Luger containing a magazine with six 9mm luger rounds, except under and in accordance with the terms and conditions of a Firearm User’s Licence.
On the 1st October 2012 Defence counsel on behalf of the accused made an application to stay the proceedings on the basis of an abuse of process during the course of pre-trial interviews with witnesses and the Defendant enacted by the DPP.
I have read the skeleton arguments filed by both counsel and I have listened to their well reasoned submissions and, for reasons which I will put in writing at a later date, I have decided to reject the Defendant’s application that I should stay the proceedings or alternatively exclude evidence that the Crown wishes to adduce on the basis that the pre-trial witness interviews held by the DPP with Officers Gordon, Rabess, Bradley and Taylor constitute an abuse of process of this Court.
I do not find that the Defendant’s right to a fair trial has been irrevocably undermined by these pre-trial witness interviews.
Having reviewed the notes provided by the Crown to the Defendant, and the circumstances surrounding the investigation and the statements contained in the trial bundle, I find that the Defendant is not prejudiced in the preparation or conduct of his defence and will be able, in all the circumstances of this case, to have a fair trial.
Furthermore the process of the pre-trial witness interviews conducted by the office of the DPP does not offend the Court’s sense of justice and propriety, and the process of the pre-trial witness interviews has not deprived the Defendant of his right to a fair trial.
I would add that the notes provided by the DPP to the Defence should form part of sworn written statements by the four police officers and be served with notices of additional evidence as soon as reasonably practicable. Dated this the 2nd October 2012 Honourable Mr. Justice Charles Quin Judge of the Grand Court