Skylar Mack arrives at the courthouse in George Town. Photo: CNS

The local competitive Jet Ski star and his American girlfriend, who is a pre-med student from Georgia, were remanded back into custody and taken to HMP Northward and HMP Fairbanks respectively, where they are expected to serve a further four weeks of the now reduced sentence. All prison sentences under one year are automatically cut to 60% for inmates provided they maintain good behaviour.

Tonner had argued that the original community sentence order imposed by Magistrate Angelyn Hernandez should be reinstated because it was within the sentencing guidelines. He further argued that, as an experienced judge of quarantine related issues, the magistrate had weighed all of the circumstances of the case.

Tonner told the appeal judges that Justice Roger Chapple, who had imposed the jail time, had taken undue notice of the public clamour and, allowing the general fury to override other sentencing considerations, made an example of the young couple and imposed an unduly harsh sentence. Tonner also said the summary appeal judge had failed to consider additional material that was presented to him which was important to the case.

Much had been made of Mack’s premeditated behaviour in having officials loosen her geofencing bracelet before the Jet Ski event, which was the reason why she broke quarantine. But Tonner pointed out that the public health officials who came to Mack’s isolation residence to loosen it had noted that the band was cutting into her arm and agreed it was too tight before refitting a new band.

In his defence of the judge’s sentence, Walcolm argued that Justice Chapple was not overly influenced by the public anger. Although he was aware of it and the importance of reflecting the will of legislature, his focus was on the deterrent power of the sentence, which was especially important in this case, the lawyer for the crown said. He pointed out that Mack was subject to the same conditions as returning residents and workers here, but as a visitor it was a privilege for her to be allowed in.

Walcolm argued that it was the magistrate who had taken little notice of the need for the deterrence and the change in the regulations by lawmakers, which had multiplied the existing punishment by four times to show how seriously a breach of quarantine here is taken.

Following the appeal court’s decision, Jonathon Hughes from Samson Law, who represented the couple and had instructed Tonner, said they were all grateful to the Cayman Islands Court of Appeal for agreeing to hear this case with such urgency and for the consideration they gave to it.

“The court allowed our appeal and agreed with our submission that the four-month sentence imposed by the Grand Court was not appropriate in the circumstances of this case,” Hughes said.”Whilst it was our hope that Skylar would be able to return home to resume her studies in January,
we accept the decision of the Court and look forward to receiving its written reasons in due course.”

Hughes added that Mack and Ramgeet continue to express remorse for their actions and ask for the forgiveness of the people of the Cayman Islands.

The sentence has divided the Cayman community. Some people were shocked that the courts would send a couple with no previous convictions to jail for a first offence, while others see the case as critically important in preserving Cayman’s safe bubble. It has also attracted much media attention in the United States, where Mack’s family has been petitioning the Trump administration to intervene.

Given the huge difference in approach towards the COVID-19 pandemic between the Cayman Islands, which has the virus largely contained, and the United States, where many see even mask mandates as an affront to personal freedoms, it is appears to be very challenging for some in the US to appreciate the decisions made by the authorities here to keep the islands safe, which have considerable public support.

The case was heard by appeal court justices President Sir John Goldring, with Sir Richard Field, and Sir Alan Moses.