Legal precedent in Cayman
KINGSTON, Jamaica: Jamaica Gleaner, January 6, 2007 – Legal history was created in the Cayman Islands last month when the Court of Appeal ruled that no adult or juvenile can be sentenced to be detained at Her Majesty’s pleasure or at the Governor’s pleasure.
The decision brings The Cayman Islands in line with other jurisdictions of the region and is particularly significant because Cayman, unlike the other countries, enjoys colonial status with the United Kingdom.
Caymanian 21-year-old Jason Hydes was ordered detained at Her Majesty’s pleasure when he pleaded guilty six years ago to manslaughter arising from the stabbing to death of another youth. The judge, in sentencing him, had ordered that he should be detained for a minimum of six years and after that his case could be reviewed periodically.
Arising from the Court of Appeal’s decision, Hydes is to be taken to the Grand Court for sentencing later this month.
Jamaican Queen’s Counsel, Howard Hamilton, who was instructed by Keith Collins and Co., had represented Hydes and he relied on the decision of the United Kingdom Privy Council in a Jamaican case. It was the case of the Director of Public Prosecutions versus Kurt Mollison who was a juvenile when he was convicted of murder.
Mr. Hamilton argued that notwithstanding the fact that The Cayman Islands did not share a similar constitution to that of Jamaica, “the common thread which runs through all constitutions based on the Westminster model was the principle of the separation of powers between the executive, the legislature and the judiciary”.
He said it was only the judiciary which enjoyed the power of imposing sentence.
The case was considered of significant importance in that it attracted the attendance in court of Attorney-General Samuel Bulgin, Q.C., who endorsed and supported Mr. Hamilton’s arguments.
Following the Privy Council’s ruling in the Mollison case, that it was unconstitutional to detain prisoners at the Governor- General’s pleasure, the Jamaican Government amended the law and the judiciary now has the power to pass sentences in all cases.
