(CMR) Thomas George Ebanks has filed a lawsuit against a police detective and the Commissioner of Police for the unlawful seizure of four firearms and ammunition from his home last year, stating that he held a Restricted Firearms Licence.
According to the court document, Ebanks claims Detective Constable Brian Corbin executed a search warrant against him without reasonable cause and unlawfully seized several items, including the firearms.
The detective has failed to return the firearms despite repeated requests to him and the Commissioner of Police for this to be done.
The writ of summons also states that the seizure and continued retention of the properties are Wednesbury unreasonable, entitling Ebanks to Judgment confirming this to be the case and a Judgment in Damages to be assessed.
It further states that the seizure of the items breaches Ebanks' right to the peaceful enjoyment of his properties as per Section 15 of the Cayman Islands Constitution Order.
According to the court document, Ebanks, who lives in George Town, is the lawful holder of a Restricted Firearms Licence dated 10 May 2023 for four (firearms) pursuant to the Firearms Regulations of the Cayman Islands.
On or about 9 November 2023, members of the Royal Cayman Islands Police Service attended Ebanks' place of residence pursuant to a Search Warrant stating that it had been made clear to the Justice who issued the said Warrant that he was in possession of Unlicensed Firearms and Ammunition, thereby authorizing Detective Constable Corbin to seize such Firearms and Ammunition.
On that said night, Ebanks provided the detective with his license authorizing him to be in possession of the firearms and ammunition that were found in an approved and locked safe at the home.
Despite the warrant only authorizing the seizure of unlicensed firearms and ammunition, the police also seized his cellular telephone, and four Rolex watches belonging to Ebanks, which were not the subject of the search warrant and for which no rational explanation for their seizure was provided.
The Rolex watches were returned to Ebanks on 10 November 2023, while his telephone was returned on the 13th of December 2023.
The writ of summons states that Ebanks was arrested and subsequently bailed to attend the Fairbanks Detention Centre on 17 November 2023 to be interviewed by the Police, led by Detective Constable Corbin. Corbin attended and answered all questions.
Subsequent to the ending of the said Interview, Ebanks instructed Counsel to request the return of his properties, and on 20 December 2023, he wrote the Deputy Commissioner of Police requesting the return of the properties seized.
On or about 21 December 2023, the Deputy Commissioner of Police responded to the letter, noting that an expedited completion of the “case file” was being sought. The licensed firearms and ammunition, however, were not returned on or by that date pointed out in the letter.
Between the 27th of December 2023 and the 23rd of January 2024, the licensed firearms and ammunition belonging to the Plaintiff were yet to be returned to him, and a complaint in relation to this was made to the Deputy Commissioner in the letter of the 23rd of January 2024, to which a response has not been made.
Ebanks is claiming damages, including exemplary damages, for the unlawful seizure and retention of his properties. He is also seeking A Declaration that the Defendants return the remainder of his properties seized and held by them and a Declaration that the Defendants' action in unlawfully seizing and detaining his properties was and is a breach of his Constitutional right to possess such properties. He is also claiming costs and special damages.
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