Rankine v R

• Jurisdiction: Cayman Islands
• Judge: ‘Schofield, J.’
• Judgment Date: 09 November 1990
• Docket Number: 59 of 1990
• Date: 09 November 1990
• Court: Grand Court (Cayman Islands)

Rankine

and

Regina

Schofield, J.

59 of 1990

Grand Court

Criminal law - Appeal against conviction — Speeding — Whether prosecution adequately disproved the appellant's alibi — Appeal allowed — Conviction quashed — Sentence set aside.

Appearances:

Mr. Furniss for the appellant.

Miss Conolly for the Crown.

‘Schofield, J.’

1 Casdale H. Rankine (the appellant”) appeals against his conviction in the Summary Court for an offence of Speeding, contrary to Section 63(1)(A) of the Traffic law.

2 The prosecution evidence came from Police Constables Manley Berry and Henry McField. They testified that they were on mobile patrol along Frank Sound Road in East End at about 10:05 p.m. on Friday 1st September, 1989. The road has prescribed a 50 m.p.h. speed limit. A vehicle approached them coming in the opposite direction and the speed gun locked-in on the vehicle at a speed of 70 m.p.h. P.C. Berry said he took the number of the vehicle, which was 80147. P.C. McField said its make was a Nissan Cedric.

3 The officers turned their car around and gave chase to the speeding vehicle. It was travelling so fast they could not catch it and they drove as far as Bodden Town in order to do so before they returned to their original station. At about 10:50 p.m. they saw the vehicle 30147 again coming from East End and they gave chase. The appellant was driving the vehicle and he pulled over. When the officers told him that he had earlier been seen travelling at 70 m.p.h. on that road he said he was not doing 70 m.p.h., he was in East End at a party with Inspector Connor and some others.

4 And that was the appellant's defence. He testified that he was at the Eastern Bar and Restaurant from 7:20 p.m. that evening. He remained there until about 10:25 p.m. when he left. He called John Miller who confirmed that he was with the appellant all evening until about 10:15 p.m. when he, Miller, left the bar. Inspector Connor of the Drug Squad was at the Eastern Bar and Restaurant that evening from about 5 p.m. The appellant came to him at about 10:20 p.m. and bought him a beer. The appellant then left but returned after 11 p.m. to say the police had stopped him for speeding earlier in the evening. When cross-examined the Inspector said he was concentrating on his dominoes and although he noticed the appellant at 8 p.m. and at 10:20 p.m. he could not say where he was at 10: 05 or 10:10 p.m.

5 The learned Magistrate assessed the demeanour of...