“The defendant is not permitted to go within 100 yards or loiter outside a government unless prearranged appointment.”
(CMR) Lovell Marriott (51) appeared in court this Wednesday afternoon before Magistrate Gunn to answer to charges of being an Idle & disorderly person in relation to acts committed outside the Cayman Islands Government Administration Building.
Marriott was originally arrested on suspicion of indecent exposure last week. Her lawyer observed it was quite surprising that the offense had changed since January 6 under the Town and Communities Act. Attorney Amelia Fosuhene noted that under section 23 of that act she should have been taken to the court immediately and she wasn't. Fosuhene noted that she was arrested before 6:00 pm and was kept in custody and held overnight.
Fosuhene shared with the court that she wrote to the police and asked for her to be bailed and it was refused by the deputy commissioner as they wanted her to be assessed. The following day she asked the custody sergeant if he wanted her to be assessed and he said no. Only after having been bailed twice was Marriott told she was being charged with this other offense under the Penal Code.
If reference to mental health the only matter on file was a comment made by some crown counsel a number of years ago on a file.
She went on to note that in her opinion there was an issue with this offense because it requires the person to be both idle and disorderly and there is no issue with her being idle. The offense requires both so therefore she asked the court to say how Marriott was being idle. She noted that there was no evidence to support her being idle.
Fosuhene also brought up the matter of persons participating in Batabano and cruise shippers getting off the cruise ships. The same arguments were brought up by Lovell over the weekend. Indicating that she likely spoke with her lawyer before sending out the voice note making those points on Saturday morning.
The Crown argued that the law does not require proving both of them separately given how the law is written. She agreed that particulars for the offense of being idle would be provided to the defense attorney.
Marriott is on police bail which includes not displaying any signs within 100 meters of any CI building and not to go within 100 meters of any Cayman Islands government building. Her lawyer argued that the issue with that is is too wide and it's unenforceable because she would not be able to go to the bank or attend court because those are within 100 meters of a government building.
Fosuhene suggested they simply prevent her from going to the single government building that she has been dancing in front of us and she should be released on her own recognizance.
The DPP was trying to include in her bail condition that she does not create any further similar offenses but that was not accepted by the court.
The security guard had apparently indicated that she had pulled at her crotch area and showed her vagina momentarily to the guard and her lawyer shared that's nothing different between her and Batabano participants.
Magistrate Gunn ordered two bail conditions (1) that she cannot attend any government building unless she has a previous appointment and that (2) she has a bail recognizance of $500. The magistrate also included the governor's residence for clarity.
The matter will be back before the court for mention on January 25. The Crown is to provide its documents by January 21.