Man Pleads Not Guilty To Stalking Woman & Sending Abusive Or Threatening Messages
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By Alric Lindsay
Yesterday, January 28, 2025, Alen Montesino-Ebanks appeared in the Summary Court to face allegations of stalking, consumption of ganja and obstructing police. He pleaded guilty to the consumption of ganja but not guilty to all other charges. He will now face trial on February 28, 2025.
Stalking
Regarding stalking, it was alleged in the Summary Court that between July 2024 and January 2025, Montesino-Ebanks unlawfully engaged in a course of conduct directed at “Ms Tibbetts” on more than two occasions within a period of twelve months, causing her to fear for her safety.
The allegation includes approaching or entering a place where Ms Tibbets works or visits and engaging in electronic communication, sending abusive or threatening messages to her and harassing her.
Montesino-Ebanks pleaded not guilty to this charge.
Ganja consumption
Concerning the ganja, it was alleged that on or before January 16, 2025, Montesino-Ebanks consumed ganja. He pleaded guilty to this charge.
Obstruction of police officers
Montesino-Ebanks faced three allegations of obstruction of police officers.
The first allegation is that Montesino-Ebanks obstructed AC Thompson while at the Cayman Islands Detention Centre on January 16, 2025. The other allegations are about PC Wedderburn and PS Horton. Montesino-Ebanks pleaded not guilty to these charges.
Disorderly conduct
Concerning disorderly conduct, it was alleged that, while at the George Town police station in October 2023, Montesino-Ebanks used indecent, disorderly or insulting behaviour. He pleaded not guilty to this charge.
Next steps
In the cases where Montesino-Ebanks pleaded not guilty, he will face trial on February 28, 2025.
Note to readers
For examples of convictions and sentencing in stalking cases, please see below:
Stalking
The charge of stalking is covered under section 155 of the Penal Code. This states:
Stalking
155. (1) A person stalks another person if the first-mentioned person intentionally engages in a course of conduct specified under subsection (2), which — (a) is directed towards the second-mentioned person; (b) occurs on two or more occasions within a period of twelve months; (c) causes the second-mentioned person to fear for the second-mentioned person’s safety or the safety of someone known to the second-mentioned person; (d) would cause a reasonable person to fear for the second-mentioned person’s safety or the safety of someone known to the second-mentioned person; and (e) the first-mentioned person knows or ought to know would cause the second mentioned person to fear for the second-mentioned person’s safety or the safety of someone known to the second-mentioned person.
(2) For the purposes of subsection (1), a course of conduct in relation to a person includes — (a) watching, besetting or loitering near that person; (b) approaching or entering a place where that person resides, works or visits; (c) preventing or hindering access to or from that person’s place of residence, business, employment, learning or any other location which that person visits; (d) following or accosting that person; (e) entering or interfering with that person’s property; (f) engaging in verbal, written, electronic or any other form of communication with that person; (g) giving offensive, abusive or threatening material to that person or leaving it where it will be found by, given to, or brought to the attention of that person; (h) sending, delivering or showing to that person letters, images, telegrams, packages, facsimiles or electronic messages; (i) acting covertly in a way that could reasonably be expected to arouse apprehension or fear in that person; or (j) intimidating, harassing or molesting that person.
(3) A person who stalks another person commits an offence and is liable — (a) on conviction on indictment, to a fine or to imprisonment for a term of four years or both; or (b) on summary conviction, to a fine of five thousand dollars or to imprisonment for a term of one year or both.
Obstruction of police
The charge of obstruction of a police officer is covered under section 123 of the Police Act. This states:
Penalty for assaulting, obstructing, a police officer, et al.
123. A person who — (a) assaults any person with intent to commit an offence or to resist or prevent the lawful apprehension or detention of themselves or another for any offence; (b) assaults, obstructs or resists a police officer acting in the execution of that police officer’s duty or a person acting in aid of that police officer; (c) assaults or obstructs any person engaged in the lawful execution of process or in making a lawful distress with intent to rescue any property lawfully taken under such process or distress; (d) assaults any person on account of any act done by that person in the execution of a duty imposed on that person by law; (e) aids or incites any person to assault, obstruct or resist a police officer acting in the execution of that police officer’s duty; (f) when called upon to do so, refuses to assist a police officer in the execution of that police officer’s duty; or (g) wilfully misleads or attempts to mislead a police officer by giving false information with intent to defeat or delay the ends of justice, commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for two years, or to both.
Disorderly conduct
The charge for disorderly conduct is covered under section 126 of the Police Act. This states:
Penalty for disorderly conduct in police station, etc. 126.
A person who in any police station, police post or cell, or in any part of a police compound or premises commits any riotous, indecent, disorderly or insulting behaviour is liable on summary conviction to a fine of one thousand dollars or to imprisonment for six months, or to both.
