Euro Bank Bail Fails
Two former employees applyfor variance of their bail conditions to travel - one wins, theother loses.
Last Tuesday (13 June) two former employeesof EuroBank Corporation, (now in liquidation), appealed in SummaryCourt to apply to vary their conditions of bail.
Both defendants, Ivan Burges and Judi Donegan, have been chargedwith money laundering.
Attorney John Furniss told the Court - his client, Miss Donegan,wished to travel to Little Cayman over the long weekend (16 -19June) with friends. He pointed out she has been held on GrandCayman without trial for one year now, and that the Prosecutionhad indicated that a Preliminary Enquiry is not likely to be heldbefore the end of the year, or early next year, and subject tothe outcome of the Preliminary Enquiry, estimated dates for atrial range from mid-2001 to the end of 2001.
Mr. Furniss went on to say that Miss Donegan had been an employeeof the Bank from February 1997 to January 1999 handling clientaccounts upon instruction from Management.
Miss Donegan had applied for permission to vary her bail conditionsin order to travel to the UK to attend her father's funeral inFebruary 1999. The application was refused on the grounds shecould not provide a financial surety.
In response, Crown Counsel Anthony Akiwumi said he had spokenwith the resident policeman on Little Cayman, who advised therewas no Police Station on the Island and he could not guaranteethe subject would not try to leave the Island. Mr. Akiwumi addedthat Miss Donegan could not put up a financial security and didnot have any money.
Mr. Furniss said that as Miss Donegan had no money and had notattempted to flee Grand Cayman Island it was unlikely she wouldattempt to do so from Little Cayman.
Magistrate Grace Donalds refused the application on the groundsno guarantee could be provided she would not try to leave.
Mr. Charles Quinn, Q.C., appeared on behalf of Ivan Burges. Herequested that his client's bail be varied on compassionate groundsin order for Mr. Burges to visit his terminally ill father inEngland. Mr. Quinn showed the Court Doctor's reports on Mr. BurgesSr.'s condition.
He went on to tell the court that his client's bail conditionsincluded $200,000 in Sureties and a $50,000 cash Bond, he alsoproduced several character references attesting to Ivan Burges's"exemplary character", and finally added that Burgeshad been a Special Constable since 1982, is active within CaymanAgainst Substance Abuse and was recognized as a Notary Publicin 1994. Mr. Quinn told the Court that his client could post securityto the value of $400,000, which is the value of his house.
In response, Mr. Akiwumi objected to his travelling, but askedthat should the Magistrate concede to the request, that he postadditional surety and that he take the direct flight to Englandwhere he would be met by the Police.
Magistrate Grace Donalds found in favour of Mr. Burges's applicationand requested his attorney and Crown Counsel attend Summary CourtWednesday morning to finalise details of his travel and bail conditions.