Re Manchester Magistrate's Court's Request

• Jurisdiction: Cayman Islands
• Judge: (Murphy, J.)
• Judgment Date: 03 February 1999
• Court: Grand Court (Cayman Islands)
• Date: 03 February 1999

Grand Court

(Murphy, J.)

IN THE MATTER OF A REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE FROM MANCHESTER CITY STIPENDIARY MAGISTRATE

A. Akiwumi, Crown Counsel, for the applicant.

Case cited:

(1) Canton of Berne”s Request, In re, 1996 CILR 179, applied.

Legislation construed:

Evidence (Proceedings in Other Jurisdictions) (Cayman Islands) Order 1978 (S.I. 1978/1890), Schedule, s.1: The relevant terms of this section are set out at page 37, line 43 – page 39, line 9.

s.2(1), as adapted by s.5: The relevant terms of this sub-section are set out at page 38, lines 10–17.

(2), as adapted by s.5: The relevant terms of this sub-section are set out at page 38, lines 18–23.

Evidence-assistance to foreign court-request ‘by or on behalf of’ foreign court-foreign prosecutor”s specific requests for investigations, accompanying general request for assistance from court not request ‘by or on behalf of’ foreign court under Evidence (Proceedings in Other Jurisdictions) (Cayman Islands) Order 1978, Schedule, s.1(a)

Evidence-assistance to foreign court-‘court or tribunal’-request to be from court currently exercising jurisdiction, not merely where proceedings instituted-request from magistrates” court outside scope of Evidence (Proceedings in Other Jurisdictions) (Cayman Islands) Order 1978, Schedule, s.1(a) if accused already committed for trial by higher court

Evidence-assistance to foreign court-examination of documents and witnesses-request for police investigations to be conducted not proper request for obtaining of evidence within Evidence (Proceedings in Other Jurisdictions) (Cayman Islands) Order 1978, Schedule, s.1(b)

The Attorney General applied for an order that evidence be obtained pursuant to a request for judicial assistance by a foreign court.

The Stipendiary Magistrate at Manchester City Magistrates” Court issued a letter of request to the competent judicial authorities of the Cayman Islands stating that a criminal investigation was being carried out by the Manchester police into a conspiracy to rob, in respect of which a person had been charged in the magistrates” court by the Crown Prosecution Service and awaited committal to the English Crown Court.

The letter gave brief details of the accused and the offence with which he had been charged, and was accompanied by a summary of facts signed by an English Crown Prosecutor, setting out detailed allegations against the accused and listing the inquiries to be made of potential witnesses in the Cayman Islands, from where the accused had made telephone calls to fellow conspirators.

The letter of request was forwarded by the English Home Office to the Attorney General and was presented to the court in an ex parte application six months later, at a time when the accused had already been committed to the Crown Court.

Held, dismissing the application:

The court would not give judicial assistance, since it could do so, under the Evidence (Proceedings in Other Jurisdictions) (Cayman Islands) Order 1978, Schedule, s.1(a), only in response to a request issued ‘by or on behalf of a court exercising jurisdiction,’ and in this case the specific requests for inquiries emanated from the Crown Prosecution Service rather than from the Stipendiary Magistrate and there was no evidence that he had considered and approved those requests himself. Moreover, the substantial delay in placing the application before the court meant not only that the information sought was no longer needed for the purpose of the committal proceedings, but also that the magistrates” court was no longer the court exercising jurisdiction over the case. It was not sufficient that the proceedings had been instituted there within the meaning of s.1(b) of the Schedule, since sub-ss. 1(a) and (b) were to be read together. Furthermore, the application did not relate to the taking of evidence for use in court proceedings, as was required by s.1(b), but to the conduct of police investigations here (page 40, line 35 – page 41, line 32).

MURPHY, J.: This is an ex parte originating summons brought by the
Attorney General pursuant to the provisions of O.70 for an order in
45	accordance with a request made for judicial assistance by the Stipendiary

Magistrate sitting at Manchester City Magistrates” Court, in the following
terms:
‘That-
(1) Deborah Rich of Indies Suites Hotel, Grand Cayman,
5	Cayman Islands, be examined in a form directed by the Grand Court
concerning a room occupied by Kevin Joseph Kennedy in or around
October 1996;
(2) Deborah Rich of Indies Suites Hotel, Grand Cayman,
Cayman Islands be directed to produce printouts of telephone
10	billings in respect of the room at the said hotel occupied by Kevin
Joseph Kennedy in or around October 1996;
(3) A duly authorized officer of Cable & Wireless be examined in
a form directed by the Grand Court regarding any telephone billing
raised by Kevin Joseph Kennedy in Grand Cayman, Cayman Islands
15	in or around October 1996;
(4) Detective Const. Bellamy of the Royal Cayman Islands
Police Drugs Task

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