IEyeNews

iLocal News Archives

Cayman Islands judge tells media to note cases concluded in a timely manner

Justice QuinBy Georgina Wilcox

In the case of James Romano Whittaker who was accused and found guilty in a judge alone trial of robbery, Justice Charles Quin during sentencing on September 10th said it was “important that the media and those commenting on the criminal justice system apprise themselves of all the facts. In this case the robbery was committed on the 22nd November 2014.

“The case came before the Grand Court on the 17th December 2014. On the 19th
December 2014 an application for bail was rejected. On the 8th June 2015 the
defendant was arraigned and pleaded Not Guilty. The trial was heard on the 8th, 9th,
10th and 16th of June 2015 and the Guilty verdict was handed down on the 30th June 2015. There is a period of just over seven (7) months between the date the offence was committed and the date of the guilty verdict. This is one of several cases that have been concluded (subject to appeal) in a timely fashion. This is a case for which the RCIPS conducted a quick and thorough investigation and provided the necessary disclosure to the DPP and the defence. I also commend the DPP, Defence counsel and the Judicial Administration staff in concluding this case without undue delay.”

The offence occurred in the early hours of Saturday the 22nd November 2014. A male and female were sitting on the seawall at the front of the Charles Building on North Church Street enjoying the quiet scenery overlooking the sea. The Defendant, Whittaker, approached the two persons and demanded money. He was told by them they did not have any money. The Defendant then produced a knife and threatened the male. The Defendant placed the knife to his neck. The Defendant was wearing a hoodie in an attempt to conceal his face and his identity.

The Defendant proceeded to enter the male’s car and took and his iPhone and the female’s handbag. While the Defendant was searching the handbag, the hoodie fell from his head and both the male and female got a good look at the Defendant’s face.

The female was extremely afraid and persuaded the male to leave the scene. He drove directly to the George Town Police Station where they reported the robbery.

On the 23rd November 2014, the following day, the police attended the home of the
Defendant and, upon arriving there, they saw the Defendant removing aluminum foil from the Electronic Monitoring Device Tag (EMDT) he was assigned as a condition of his bail. The Defendant was then arrested and taken into custody.

On the 24th November 2014 the male was shown a photo spread of twelve
photographs and he identified one of the images as the person who robbed him and the female two days earlier.

Also on the 24th November 2014, at a different time of the day, the female was shown a different set of photographs and she also identified one of the photos as the robber. Both of them had identified the Defendant James Romano Whittaker as the man who robbed them.

On the 26th November 2014 the Royal Cayman Islands Police Service (RCIPS) held an ID parade and the male identified Whittaker as the robber.

Whittaker, however, denied committing the robbery. He was not at the Charles Building he was somewhere in Rock Hole at the time the offence was committed.
In court he said he was at home at the time the offence.

On the 30th June 2015 the Defendant, Whittaker was found guilty of Robbery.

At the trial the female said when she leaves work at night she gets the security officer to walk her to her car. She said, “I don’t go anywhere now, that is quiet, especially at night, or when it is dark. It really frustrates me as I enjoy going to quiet and secluded locations on the island but now I feel that it isn’t safe due to what feels like an increase in crime now that I have been a victim. I feel the biggest and lasting result of being a victim of a knifepoint robbery is that I now stay in much more and I won’t go out or do anything on my own.”

Justice Quin said, “It is quite evident that the degree of fear is much greater if the robbery is committed at night or in the early hours of the morning, as in this case.
There are few, if any, mitigating factors in this case. The Court notes that the
Defendant raised two different alibis and pleaded not guilty. The Court also notes that there has been no recovery of the victims’ stolen property and there has been no offer to compensate the victims.

“The Defendant has 37 previous convictions – 21 for burglary, 2 for attempted burglary, and further convictions for damage to property and criminal trespass, for taking and driving away a vehicle and for handling stolen property. This robbery was committed whilst the defendant was on bail for other offences and whilst he was wearing an EMDT and this is another aggravating factor. As the DCR officer states: ‘The defendant has time and time again aborted the opportunities provided for him by the Court to be a law-abiding citizen in his community. He has breached court orders and there is a record of non- compliance to conditions attached to those court orders.’”

In sentencing Whittaker to 10 years imprisonment the Judge said, “Persons who commit robberies and who perpetrate robberies with weapons must realize that they will go to prison for a significant period of time. We are in a sad and depressing time when robberies and burglaries are committed too often. When two young people cannot even sit in a quiet, yet public place, such as North Church Street, without being violently robbed, there is cause for very serious concern. I take into account all that has been submitted on behalf of the defendant by Defence counsel and on behalf of the DPP by Crown counsel.”

Justice Quin said he had read the detailed SIR and the VIR. He also said, “The Defendant has expressed a wish to be a law abiding citizen. I would urge him to
use his time in custody well.”

Talking directly to Whittaker he said, “You can rid yourself of the dreadful cocaine habit you have had for 20 years. You can start to learn a trade and undergo further education. This will make you employable so that when you are released you can earn a living. There is no reason why you cannot put crime behind you and become a law abiding citizen but you must stay away from illegal drugs.”

Then Justice Quin praised the two victims:

“I offer the country’s gratitude and appreciation to the two victims in this case. After the terrible ordeal of the robbery they went directly to the RCIPS and gave full and detailed accounts of the robbery. They attended RCIPS ID parades. They gave clear and frank evidence in court and were subjected to rigorous but proper cross examination. If witnesses come forward promptly to assist the RCIPS in the battle
against crime, more criminals will be apprehended and convicted.”

LEAVE A RESPONSE

Your email address will not be published. Required fields are marked *