By Alric Lindsay
On November 12, 2024, George Ingle Ebanks, a Caymanian, pleaded guilty to the importation of a cannabinol derivative. Although no conviction was recorded against him in his sentencing today, November 18, 2024, he was ordered to pay $181.50 or serve two weeks in custody.
Notwithstanding Ebanks’ favourable outcome, two things must be highlighted about this case:
(1) Crown Counsel appearing in the Summary Court today on behalf of the Office of the Director of Public Prosecutions did not amend Ebanks’ importation charge to “possession” as fellow DPP Crown Counsel did in the case of half a dozen tourists recently for having cannabinol derivatives in their luggage at Owen Roberts International Airport
(2) Ebanks was only released on the condition that he does not commit an offence over the next six months. In contrast, the half a dozen tourists whose charges were amended on November 14, 2024, from “importation” to “possession” did not have their release subject to any conditions.
Based on the facts, the only material difference between Ebanks and the tourists is that he is Caymanian, and they are non-Caymanian.
If Ebanks’ treatment today of not having his importation charge amended to “possession” like the recent tourists did is seen as an acceptable practice by the DPP, then Caymanians face bleak prospects of having their charges framed fairly by the DPP. In addition, the situation will worsen the longer that those responsible for good governance do not address this concern.