By Alric Lindsay
Thomas Wood, a 38-year-old businessman and permanent resident in the Cayman Islands, appeared in Summary Court today, November 13, 2024, to face charges of possession of Ganja, one gummy (he actually had 21 gummies, but the Crown made a mistake with the charge) and a vape cartridge. After pleading guilty to the charges, Magistrate Hernandez did not record a conviction and ordered him to pay costs of $3,000 or serve three months in default. She also noted that extenuating circumstances led to this outcome. Most concerning, however, was not the Court’s decision but how the matter was handled by Crown counsel from the Office of the Director of Public Prosecutions, particularly the number of mistakes made during the hearing.
Background
Regarding the drug possession charges, the Court heard how Mr Wood arrived at Owen Roberts International Airport on November 7, 2024, from Houston, Texas.
During the course of normal bag checks, a customs and border control officer found a pack of marijuana-infused strawberry gummies, a pencil case with four black tubes of pre-rolled Ganja and a backpack containing a vape cartridge. Reportedly, the Ganja weighed 3.52 grams.
Subsequently, Mr Wood was cautioned and arrested.
Lawyer explains reasons for Wood’s drug possession
Regarding how the drugs made their way into Wood’s baggage, his lawyer explained that he went on a hunting trip in Colorado. When repacking his suitcase, he “forgot to remove the items from the pencil case and the small duffel bag and he placed them in the suitcase.” His lawyer added that it was a “genuine oversight.”
Wood’s lawyer also submitted that he was open and honest with customs and border control officers at the airport and has never fallen foul of Cayman legislation in the many years he has lived in the Cayman Islands. He was also granted permanent residency just under a year ago.
Sentencing
In the sentencing process, Magistrate Hernandez noted critical errors made by the Crown.
Firstly, she asked the Crown why Mr Wood was charged with “importation” if the matter involved a “simple possession” of one gummy.
Crown counsel was seen leaving the courtroom to get instructions from a senior person in his department.
Upon return to the Court, Crown counsel amended the charge to delete “importation.”
Secondly, Magistrate Hernandez highlighted that, according to the drug certificate, there was not just one gummy but 21 gummies containing cannabinol derivatives.
Questions then appeared to arise about whom Crown counsel had left the Courtroom to obtain instructions from and return with an amended charge.
Thirdly, Magistrate Hernandez noted that the Crown did not properly describe the charge for a vape cartridge. The Crown amended this.
Given the number of mistakes made by Crown counsel, Magistrate Hernandez reminded Crown counsel of the inappropriateness of attempting to make further amendments, given that Wood’s lawyer had already made sentencing submissions. Additionally, she said that the Court expects consistency with charges, especially when they involve importation.
She then turned to Mr Wood, reminding him that someone who lives in the Cayman Islands and has been granted some form of citizenship should know better.
Having warned Wood, she noted that there were “extenuating circumstances” and did not record a conviction. However, Wood was ordered to pay $3,000 or serve three months in default.
