R v Anglin

• Jurisdiction: Cayman Islands
• Judge: (Quin, J.)
• Judgment Date: 31 August 2011
• Court: Grand Court (Cayman Islands)
• Date: 31 August 2011

Grand Court, Criminal Division

(Quin, J.)

R.

and

ANGLIN

Attorneys: Govt. Legal Dept.; Samson & McGrath for the defendant.

Evidence-witnesses-witness anonymity order

The Crown applied for witness anonymity orders, under the Criminal Evidence (Witness Anonymity) Law 2010, in respect of two witnesses to a public shooting at a busy nightclub, at which the victim died. Witness A gave a good description of the defendant to the police and was the only prosecution witness to the shooting itself. Witness B gave a description of what the defendant was wearing on the night in question. Both refused to testify without anonymity, fearing death or injury. In respect of each witness, the Crown sought orders that (i) their names and identifying details be withheld; (ii) they be allowed to use pseudonyms; (iii) they not be asked questions that could lead to their identification; (iv) they be screened in court; and (v) that their voices be modulated.

Held: The witnesses would be entitled to give evidence anonymously, as the conditions in the Criminal Evidence (Witness Anonymity) Law 2010, s.13(1)(a)–(c) had been satisfied. First, under condition (c), it was in the interests of justice for the witnesses to testify and they had refused to do so without anonymity. Secondly, under condition (a), anonymity was not merely desirable or convenient, but necessary to protect the safety of the witnesses, who feared death or injury, and their evidence was sufficiently important that it was in the public interest for them to testify...