(CMR) Magistrate Grace Donalds found that despite there being a case to answer for common assault no conviction would be recorded against former MLA, Mike Adam.
The Summary Court case concluded on Tuesday after several hearings. The proceedings began in March 2018 after he was plead not guilty to the charges in December 2017. Adam was charged with assault after a dispute between him and a neighbor in West Bay last June. The neighbor alleged that Adam had used this fist to hit him on the cheek.
Lissa Adam, Adam's wife, testified on Tuesday stating that she had witnessed the entire ordeal.
The dispute began over boundary markings dividing their properties and escalated into a heated debate. Mrs. Adam testified that the complainant asked Mr. Adam if he was senile at one point in the argument, and she said that her husband approached the neighbor with a raised fist. However, she testified that she did not see any contact between the parties and indicated that the neighbor appeared to be getting more aggressive.
Crown counsel Kenneth Ferguson said in his closing argument that it was a very unfortunate incident and that it was clear the offense was
“a very minor charge on the spectrum of charges.”
Waide DaCosta represented the defendant in the matter and noted it was a “petty” dispute over boundaries.
Magistrate Donalds found that it was the complainant who provoked the incident but still accepted that common assault occurred. However, she said that she was prepared to invoke Section 41 of the Cayman Islands Penal Code in withholding conviction for the defendant.
Section 41 reads:
“Where, in a trial, a court thinks that the charge is proved, but is of the opinion that, having regard to the character, antecedents, age, health or mental condition of the accused, or to the trivial nature of the offence or to the extenuating circumstances in which the offence was committed, it is inexpedient to inflict any punishment, the court may, without proceeding to conviction, make an order … [to discharge] the accused absolutely.”
It was noted that “common assault can be committed without the touching of bodies.”
Mike Adam was a former MLA for George Town and former minister for community affairs and housing.
Adam is very active in the community, and received Queen’s Honour in 2005, not only for his selfless contribution to Cayman’s recovery after Hurricane Ivan, but also in recognition of his service and dedication to the Cayman Islands. He had two other unsuccessful attempts including in the 2017 general election where he ran for George Town South.