For anyone who missed this article from our Senior Counsel, Brett Basdeo. Plaudits to him for his successful pro bono representation of our client in the Merren case and for obtaining important guidance from the Court on the application of the Animals Law.
Walkers takes great pride in giving back to the Cayman Islands community through it's pro bono work. We are privileged to be able to use our skills to provide assistance to those who need it in circumstance where they might not otherwise have legal representation. In cases like this, doing so also allows us to help with the clarification and development of important laws that might not otherwise receive as much attention.
Following analysis, Justice Hellman held that before making a destruction order the court must first ask itself whether any measure short of a destruction order was sufficient to safeguard the public. In doing so, the judge arguably installed an important, and humane, filter on the exercise of the court’s discretion. ... Having identified suitably practical and alternative measures which could be, and had been, taken, which included the use of secured enclosures, muzzles and controlling the number of animals that could be led by a single person when in public, the judge in Merren accepted submissions that he was bound to quash the destruction orders. The dogs, which had been impounded with the Department of Agriculture for close to a year while awaiting the appeal, were ordered to be returned to their owner.