The Royal Cayman Islands Police Service (RCIPS) is launching an internal investigation into an off-duty officer’s detainment of a tourist for kissing his boyfriend at a local bar last Wednesday (30 April).

The off-duty officer had warned him not to kiss his partner and, according to Mr Chandler, told him, “It is against the law for two people of the same sex to show displays of affection in public,” but no such law exists in the Cayman Islands Penal Code.

Long-time local lawyer Stephen Hall-Jones confirmed “there is no such charge of public displays of affection. It is unknown to the law“.

In a statement to the Cayman Net News, RCIPS Deputy Commissioner Anthony Ennis said:

“There are provisions under the penal code that would cover such conduct in a public place: Section 166D: Whoever publicly does an indecent act or, B, whoever in a public place conducts himself in a manner likely to cause a breach of the peace.”

But, Mr Hall-Jones said: “If they had charged him with one or either of those offences that they are suggesting now, I think it would have been thrown out as bad in law. I do not think the prosecution would have succeeded on that.”

Deputy Commissioner Ennis added:

“The gentleman (Aaron Chandler) has filed a formal complaint with the police which is being inquired into, and it is proposed to have an independent assessment by the Legal Department once these inquires are completed.”

The 23-year-old tourist, who was visiting Grand Cayman from the United States, was physically restrained and taken to George Town Police Station after he and his boyfriend kissed at the Royal Palms beach bar.

Upon leaving the Royal Palms, Mr Chandler said he and his boyfriend kissed one last time on the dance floor after which the officer grabbed Mr Chandler by the wrists and “dragged” him outside and was taken to the George Town police station where he was released an hour later with no charges made against him.

Mr Chandler has since lodged a complaint with both the Royal Cayman Islands Police Service and the Department of Tourism whose Director, Pilar Bush, issued an apology the very night she received the complaint.

Former member of the Human Rights Committee, Gordon Barlow, believes that there should be repercussions for the officer if it is found that he acted improperly.

“If it was discrimination, if they brought him in for the fact that it was a gay kiss rather than an ordinary kiss, then the police were right out of line,” he said, adding: “They could be sued for that [and] probably should be.”

Mr Barlow acknowledged, however, that it may not have been a good idea for the man to engage in a romantic kiss with his partner in a conservative country like the Cayman Islands. “It’s a matter of common sense and good taste,” he pointed out, but he said that the ensuing controversy “is going to reinforce people in their prejudices”.

The recent discussion of the inclusion of a Bill of Rights into Cayman’s proposed constitution has sparked fears that homosexual partnerships could be protected under the law as they are in the UK.

Mr Barlow said that the recent incident and ensuing public outrage wouldn’t prevent a comprehensive Bill of Rights being adopted in the country and believes that the Foreign & Commonwealth Office (FCO) is likely to push through measures protecting the rights of homosexuals.

“Is it going to have an effect on the introduction of a Bill of Rights in Cayman?

Probably not, because whatever strongly conservative Caymanians think of it, the FCO is going to push this through,” he said, adding: “Human rights activists are dead set against any kind of same-sex discrimination, so people can huff and puff as much as they like but I don’t think it’s going to affect the FCO’s determination to ban discrimination on homosexual grounds in Cayman.”

In her apology to Mr Chandler, Ms Bush wrote:

“On behalf of the entire Department of Tourism, I apologise for your upsetting experience and want to assure you that the Cayman Islands is a welcoming jurisdiction to all people. What happened to you was an isolated incident, and is not representative of Cayman. We know that thousands of gay and lesbian visitors travel to the Cayman Islands every year and enjoy their vacation.”

She added, “Again, I am truly sorry to learn of what you went through during visit. If there is anything at all that we can do to make the remainder of your trip more enjoyable for you and your family please do not hesitate to let me know.”

Alson Ebanks, Pastor of the Church of God Chapel, defended the officer’s actions while acknowledging he may not have been within his legal limits. “I think we should have enough sense and sensibilities to understand what is appropriate behaviour in public and I would assume that is why the police officer acted in the way that he did rather than [under] the law; but he acted on the basis of conscience.”

Pastor Ebanks said he is “disappointed” in Ms Bush for issuing the apology to Mr Chandler. “I would hope that the Department of Tourism does not represent a set of values that are different from the Cayman Islands as a whole,” he said.

trent@caymannetnews.com