Judgment — canary

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Statute	Sections cited	Mentions
Evidence Act	12	1

In the Grand Court of the Cayman Islands — Criminal Division

Cause No. IND 0053/1991

Between

- v -

Dexter Ebanks and Sharleen Ebanks - Ruling

Before
Schofield J

Judgment delivered 1993-01-20

ND COURT
REGEORGE

IN THE HIGH COURT OF THE CAYMAN ISLANDS

HOLDEN AVENUE, GRAND CAYMAN

IND. 53/1nd M

GINA V. DEXTER EBANKS & SHARLEEN EBANKS

Mr. Archibald QC and Mr. Roberts for the Crown
Mr. Henriot and Mr. Leveaux for Dexter E banks

Mr. Nicole for Dexter E banks
r. Hampson for Sharleen E banks

Legal

30-01-93

CAYMAN ISLANDS

LEGAL DEPARTMENT

JAN221993

GRAND COURT

ISLANDS

CHAMPS

176

122

115

122

115

122

accused hatid he was buying. The indication was that this was an

attempt of the accused to distance himself from apparent

ownership of the vessel. It is argued that there is no

connection between the property known as Brittany Bay which is

mentioned in the Laug w indictment， and the vessel referred to by the

Witness of Ben Laug in. However the Crown has pointed to the

statement of Ben Laug that he was a witness of the purchase of a vessel

relevansel was paid for by Francisco Cabrera and that

it came from him. This evidence goes to prove

an action between Cabrera and the accused， and a

desire by the accused to hide his involvement therein. Such

evidence is bound to the indictment and is admissible.

Objecti

ns! D

Another gru

Documents which are at pages 137 to 141 and 146

of the witle. These documents are the judgment of the

juict Court of the Southern District of Florida，

the victim Francisco Cabrera on his own plea of

importation of marijuana in excess of

10 kilog circl even counts of possession with intent to

tribute m

and one count of filing a false personal tax

100n， toge Section the indictment upon which those convictions

are based as is P. He plea agreement leading up to the judgment.

Section 12 (no evidence Law does not render these documents

admissible. However provision merely sets out the procedure by

which， certain documentary

evidence may be adduced where the original document itself is

admissible. Section 12 does not go to the principle of

admissibility in personam in relation of the truth either of the decision or

of the ground of strangers， or a party and a stranger (see

obligton v. t cworthon and Co. Ltd. [1943] K.B. 587) .

Although this principle has been superseded by statute in England

elit

v. Chief of West Midlands (see， for example，

id

de

he

of the

per Lord
judicial and tot
it has not been upset by subsequent

Hollington
autho) the criticisms of the decision
consideration to

behind but am persuaded that in the present case the
careful

reason in Appeal is the decision must be followed.
decision

the Court
must

ates w
followed.

or for negligence of a conviction for careless
in

driving b
the Magistrates Court.

Such conviction was held
to be in

the Magistrates Court
principal

on the ground that the decision of
int

uilt
as no more than an expression of their opinion

as such was irrelevant in the
opinion

present case the Crown has to prove, as a
opinion

of
conviction of Cabrera

obtained proceeds from
conviction of Cabrera

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<

It is essential and proper that any evidence tendered to this court which adversely affects the accused must be available for challenge we advance. If the conviction, indictment and evidence tendered in evidence the accused would be stuck with cross-examination the very basis of which could not be the subject of examination.

For the reasons I disallow the admission of documents 146-174 and 137-141 array.

Judge

Dated this 7th of January, 1993

Cause Number	IND 0053/1991
Court	CIGC (Crim)
Judge	Schofield J
Parties	R v Dexter Ebanks and Sharleen Ebanks - Ruling
Judgment Date	1993-01-20
Subject	Ruling on admissibility of evidence
Filename (current)	93-01-20_r_v_dexter_ebanks_and_sharleen_ebanks_-_ruling.pdf