Court Overturns Conviction For US Citizen Who Was Sentenced To 6.5 Years In Prison For Importing Fentanyl To The Cayman Islands. Court Orders Retrial

By Alric Lindsay

Adrian Frederick Scales, a US citizen who was found guilty of importation of 0.09 grams of Fentanyl to the Cayman Islands on October 4, 2022, appealed his case and had the conviction overturned today, October 15, 2024.  The matter will now go to the Summary Court for retrial.

Background

Giving a brief background of the case, the Court said that Scales arrived on an American Airlines Flight in October 2022 with two suitcases and a backpack. After his luggage was x-rayed and manually searched, a white substance was found in his backpack.  This was later confirmed to be Fentanyl.

It was reported that when initially interviewed, Scales exercised his right to make no comment.

Later, during the trial in July 2023, it is understood that Scales offered the explanation that he loaned his backpack to a friend after a baseball game. The idea behind the explanation was to demonstrate that he did not know or suspect or had reason to suspect the presence of Fentanyl in his backpack. Unfortunately for Scales, the magistrate drew an adverse inference from Scales’ failure to mention this item during his initial interview. 

The verdict was rendered in August 2023, and he was later sentenced (the sentence judgment is dated February 2024).

Grounds of appeal

At some point, it was observed that “no notes of evidence [were] provided” and the magistrate’s sentencing judgment contained only “a broad overview of the allegation.”  Reportedly, the foregoing was necessary to comply with section 175 of the Criminal Procedure Code and section 26 of the Summary Jurisdiction Act.

Reportedly, due to the way the matter was handled, Scales was denied effective access to constitutional protection and it was impossible for a lawyer to advance legal arguments on his behalf.

For these reasons, Scales raised an appeal on the two grounds:

1. That his conviction was “unsafe and unsatisfactory”
2. That “the sentence of 6.5 years for the importation of 0.09 grams of Fentanyl was manifestly excessive.”

Court’s decision

The Court accepted the first ground of appeal and decided to set aside the conviction as unsafe and unsatisfactory.  The Court added that the matter would be returned to Summary Court for a retrial.

Scales was then granted bail with the following conditions:

1. Reside at the residence advised to the Court
2. Surrender his passport and not to apply for a new one
3. Not to go within 100 yards of the airport or seaport
4. Provide one or two local sureties in the sum of $2,000.

Scales’ Fentanyl case is the first of its kind in the Cayman Islands.

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