By Alric Lindsay
Dayne Neil Wilson appeared in the Grand Court today, December 17, 2024, to hear the verdict in his case of alleged possession of an unlicensed firearm, being a 9-millimetre Luger pistol and seven rounds of ammunition. Justice Richards found him guilty after considering the DNA evidence and attributing knowledge of the gun to Wilson. This is notwithstanding that David Hurlston, the driver of the car, already pleaded guilty to the offences.
Background
Concerning the background, it was explained in the Grand Court that Wilson and Hurlston attended the Batabano festivities in May 2024.
Wilson allegedly got a ride to Globe Bar when the Batabano party finished just before midnight. However, Wilson initially stated that he didn’t get there with Hurlston but got a lift with a “Spaniard” driving a white car. Meanwhile, Hurlston was said to have driven a black Honda to Globe Bar.
When police arrived due to a radio call to Mary Street, they noticed that a male was attempting to leave the parking lot but was stopped by police. The person who was stopped and exited the car was Hurlston.
Police had cause to search Hurlston’s black Honda, at which time they found the firearm and ammunition in a compartment of the centre console.
Swabs were taken from tested areas of the firearm, which DNA analyst Christian Taylor examined. He found DNA profiles from which Wilson and/or Hurlston could not be excluded.
Ultimately, Hurlston pleaded guilty to both offences.
However, Wilson maintained that he did not know anything about the firearm. Therefore, any DNA found there must have been a secondary transfer, possibly caused by sweating at the Batabano party or sharing drinks.
Judge’s decision
Before rendering her decision, Justice Richards noted that the prosecution must prove the case against Wilson to the required standard, showing that Wilson was in possession of an item, that item is a firearm within the meaning of the law and possession of it was not in accordance with a firearm user’s license. In order to prove possession, proof is required that Wilson had physical custody or control of an item and that he knew he had that item in his custody or control.
Regarding the foregoing, Justice Richards noted that:
- Wilson lied about a Spaniard giving him a ride to Globe Bar. In fact, Wilson arrived there with Hurlston in his black car. Justice Richards found that “the timing of this lie is significant.”
- This lie was not for an innocent reason and supports the prosecution’s case.
- The lie was an attempt to distance himself from the black car.
- The only illegal item found in it was a firearm.
- Wilson is not registered as the owner of a firearm in the Cayman Islands.
- Wilson was a major contributor to one of the DNA mixtures found on the swabs done to confirm who handled the firearm.
As a result of the foregoing, Justice Richards said there was a “reasonable and inescapable inference” that Wilson knew about the firearm.
Justice Richards concluded that, based on all the circumstances taken together, everything points to the firearm and the ammunition being in the joint possession of Wilson and Hurlston. Therefore, Justice Richards found Wilson guilty of possession of the firearm and ammunition.
Next steps
Regarding the next steps, it is understood that a social inquiry report will be completed for Wilson, which will be of some assistance to the Grand Court on sentencing.
Wilson was remanded into custody until sentencing next year.
