By Alric Lindsay
In July 2024, documents filed with the Grand Court show that Dalton Watler-Lyons is suing the Attorney General, Commissioner of Police, Director of Public Prosecutions, and Detective Constable Dean Murray for aggravated, special, and exemplary damages. The legal action is noteworthy because it requires holding the Government accountable for alleged reputational harm, humiliation, and mental anguish as a result of an allegedly unlawful arrest, malicious procurement of a search of his home and dragging him to Court for something that the prosecution failed to establish against him.
Background
For members of the public unfamiliar with Watler’s matter, the Crown alleged in a 2022 case that US$30,000 held by Watler in his home was criminal property.
However, to legally establish its claim, the Crown had to prove the following:
- Watler had US$30,000 in his possession (this was not disputed)
- The money was criminal property, constituting Watler’s benefit from criminal conduct (this was disputed)
- Watler knew or suspected that it constituted or represented such a benefit (this was disputed)
The 2022 judgment in Watler’s favour explained that to show that Watler’s cash was criminal property and related to criminal conduct, the Crown had to establish a “link between the US$30,000, which is the property possessed, and the criminal conduct for it to be criminal property within the meaning of the law.”
To this, Justice Marva McDonald-Bishop (Actg.) said, “the prosecution must prove beyond a reasonable doubt that the US$30,000 held ln the home of the defendant is, or represents, wholly or partially, a benefit derived directly or indirectly from conduct that would constitute an offence in the Cayman Islands whether committed here or abroad.”
She explained further that to leave this matter before a jury, the jury “must be satisfied beyond a reasonable doubt that the property in question was derived from crime,” however, “the question is whether the Court would have facts to establish that the conduct which is said to be a crime, constitutes an offence within the Cayman Islands.”
She added:
Having considered all the evidence, this Court finds that… the prosecution has failed to satisfy me that this is a case that should be left for the jury’s conslderation.
In my view, the first limb of Galbraith is sufficient to dispose of this no-case submission in that there is no evidence to establish the essential ingredient of the charge.
More particularly, the prosecution has failed to prove the criminal conduct through which criminal property was obtained by the defendant.
She continued:
In this case, up to the end of the prosecution’s case, (and I adopt Mr. Smith’s Q.C. words): “There is not even a whiff, nor smell, faint smell of the unlawful conduct that is being alleged.”
If one is going to deprive a person of his liberty or property in criminal proceedings as in this case, it cannot be on evidence that cannot even pass the civil standard of “on a balance of probabilities”. It must be evidence that establishes the defendant’s guilt beyond a reasonable doubt.
She summarised:
I conclude that a jury properly directed could not be satisfied to the extent that they are sure that criminal conduct gave rise to the US$30,000 found in the possession of the defendant.
The no-case submission is upheld, and for that reason I will not call upon the defendant to answer.
Watler’s claims
Notwithstanding the legal victory, Watler seeks compensation for the loss and damage he reportedly suffered dealing with issues surrounding his matter. These issues include “severe mental anguish” and “medical intervention and ongoing treatment,” according to his July 2024 lawsuit.
Watler also indicated in the lawsuit that he was deprived of his liberty due to the allegedly unlawful actions against him, and his “reputation, as well as his sense of well-being in a small island community, has been affected.”
Interestingly enough, a source told Blackbox Insights & News that Watler’s arrest coincided with his possible consideration for a promotion to chief officer within the Government.
The source added that Watler also had political aspirations and is the author of various books focusing on issues on which he may have been deemed too outspoken by some.
While it is uncertain whether any of the above played a role in his reported unlawful arrest, the wide publication of his circumstances probably impacted the above and other professional pursuits.
Watler is now asking the court to make an award for damages for losses suffered, along with a determination that the relevant parties maliciously procured a search warrant to go through his home and unlawfully arrested him.
