Three Tourists Attend Court & Get No Convictions Recorded After Cannabinol Derivatives Found In Their Possession At The Airport. DPP Now In The Spotlight For Failing To Charge Tourists With Drug Importation, But Only Possession.

By Alric Lindsay

Russ Todd Bogue, Jeffrey Charles Henry, and Sean Paul Brewer, each of whom recently arrived in Grand Cayman from the United States, appeared in Summary Court today, November 14, 2024, to face charges of possession of Cannabinol derivatives found in their luggage at Owen Roberts International Airport. None of the men had convictions recorded, and they only had to pay a fine.

Mr Bogue

Regarding Mr Bogue, the Court heard that he arrived in the Cayman Islands on November 8, 2024, from Charlotte, North Carolina, USA.

While completing baggage checks, Customs & Border Control found a CBD gummy and a vape pen.

Reportedly, Bogue said he bought the gummy at a gas station and was unaware it was illegal in the Cayman Islands.  He was cautioned, arrested and taken to the detention centre.

In Court, Bogue’s lawyer, Prathna Bodden, explained that he is a 60-year-old realtor visiting the Cayman Islands for the first time.  He is also a prostate cancer patient. 

Concerning CBD, the Court was told he takes CBD for anxiety, relaxation and sleep.

In the circumstances, Bogue’s lawyer asked the Court to consider making a cost order and not recording a conviction, given his age.

 After pleading guilty to possession of one gummy containing less than 2 ounces of Cannabinol derivatives and one vape pen containing the derivatives D8 THC and D9 THC, Magistrate Hernandez ordered him to pay costs of $1,000 or serve 10 weeks in default. No conviction was recorded.

Mr Henry

Concerning Mr Henry, the Court was told that he arrived in the Cayman Islands on November 2, 2024, from Charlotte, North Carolina.

While processing his baggage, Customs & Border Control officers found a red candy-like substance inside his backpack.  Reportedly, Henry confirmed it was a gummy but didn’t know whether it contained THC.  Allegedly, it was something his friend had given him to help him sleep on the plane.  (Note that Crown Counsel from the Office of the Director of Public Prosecutions gave two different accounts of the evidence here.  In one case, he described a red gummy being found. In the same breath, he said there were two pieces of brown gummies.)

Henry was subsequently arrested.

In Court, Henry’s lawyer noted that he complied with officers’ instructions and had no previous convictions. The lawyer added that Henry works for a very large company that does artificial intelligence. He provided two character references to support his case in Court. One was from his therapist, and one was a treatment recommendation for cannabis therapy.

Henry’s lawyer asked that no convictions be recorded because that could have a devastating impact on him, and he may never be able to go back to his current job.

After Henry pled guilty, Magistrate Hernandez noted that there were extenuating circumstances and no conviction was recorded.  However, Henry was ordered to pay costs of $500 to the Crown or serve five weeks in default.

Mr Brewer

Concerning Mr Brewer, it was explained in Court that he arrived in the Cayman Islands from New York on November 11, 2024.

Upon searching his backpack, it was confirmed to Customs & Border Control officers that a vape they found contained THC oil.

Brewer was subsequently cautioned and arrested.

In Court, Brewer’s lawyer shared that he is a 34-year-old fireman who came to the Cayman Islands on a diving trip. He was compliant with instructions from Customs and Border Control officers and showed remorse.

In the circumstances, Brewer’s lawyer asked the Court to exercise whatever leniency it could.

After pleading guilty in Court to the possession of vape cartridges containing less than 2 ounces of D8 THC and D9 THC, Magistrate Hernandez fined him $800 or serve eight weeks in default.

Drugs forfeited

In all of the above cases, the relevant drugs were forfeited and ordered to be destroyed.

Inconsistencies noted

During the hearings for the foregoing persons, Magistrate Hernandez asked Crown Counsel, an employee of the Office of the Director of Public Prosecutions, whether that office had implemented a new policy.

While Magistrate Hernandez did not go into any detail, those present logically deduced that she was likely querying why the Office of the Director of Public Prosecutions decided on multiple occasions this week to amend drug charges for tourists in the middle of their Court hearings to remove drug importation charges and only charge them with possession.

Crown Counsel from the Office of the Director of Public Prosecutions said that he didn’t know if there was a new policy, however, the situation needs to be discussed internally with the Courts and the Director of Public Prosecutions.

How the Office of the Director of Public Prosecutions handles drug cases is now becoming a public interest matter. Based on the facts, it appears that drug charges are being amended in favour of tourists who consistently have their importation charge erased in thin air, have no convictions recorded, and only have to pay a fine. In contrast, Caymanians may face a different plight.

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