Timothy Spencer QC in successful Cayman 'Witness Anonymity' Order Appeal

The Cayman Islands Court of Appeal has rejected an appeal against refusal to grant  the first witness anonymity orders in the Cayman Islands Courts.  This is the first application of its kind to reach the court since the Witness Anonymity Law was passed in March.

Solicitor General Cheryl Richards explained to the Court that a witness anonymity order was needed, to allow a witness to give evidence anonymously in a particular case.  Due to the seriousness of the case, and the witness’ fear of safety, Ms Richards asked the Court for an order enabling the witness to give evidence by way of a TV link.

Defence Counsel, 7 Bedford Row’s Timothy Spencer QC opposed the order. The demeanour of the witness is highly important for the judge and jury  to observe, Mr Spencer commented, “There is no reported case where an anonymous witness has not been in the court room .”

Mr Spencer argued it was important for the jury to not only see the witness, but also to hear his voice not distorted.

Justice Abdullah Conteh also acknowledged that without knowing who the anonymous witness is, defence attorneys would not have a full opportunity to test his credibility.

Despite some jurisdictions relocating their witnesses, the question was raised as to how in practical terms this would work in Cayman.

When proceedings resumed in open court  Justice Chadwick,President of the Court of Appeal, rejecting the Prosecutions appeal, said he and his fellow judges were not satisfied that measures proposed by the prosecution would be consistent with the defendants in this particular case getting a fair trial.  The case is currently awaiting a trial date.

To view the full article in The Cayman Compass, please click here.