Cuban National with Asylum Challenges Disorderly Conduct Charge | Loop Cayman Islands

Javier Jouz Varona, a Cuban national who is said to have been granted political asylum in the Cayman Islands and living here, appeared in Summary Court today, August 3, 2023, for a mention of a charge against him of Disorderly Conduct.  The charge concerns a protest he allegedly conducted at the Government Administration Building on March 11, 2021, resulting in his arrest. Mr Varona, however, offered his own version of events and alleged that his previous lawyer advised him that the case was closed and would not proceed due to failure by the relevant authorities to file the appropriate documents against him within six months of the alleged offence.

The series of events, according to a case summary provided to Loop News, is as follows:

Approximately 11:30 AM 911 Communications dispatched PC288 Hall and PC Parker to a report of a disturbance at the Cayman Island Government Administration building.

On arrival at the location officers saw and spoke to the security officers Ms. Sandy Pars.

She reported that about 10:55 a Spanish man known to her as Javier came to the location with his wife and his child in a stroller. She approached him and asked if he had an appointment and he said yes and made his way in the reception area with his cell phone recording.

The case summary added:

After a few minutes he and his wife started pacing in the reception area, Javier then started to shout very loudly and throw his passport on the counter and said loudly, “My baby is Caymanian and I need help and I need food, I need the government of this building to fix my business”. “I get fired; the government does not respect me”

Ms. Pars asked him to keep his voice down and he replied “I don’t care, call the police.”

The case summary continued:

Ms. Pars pointed out the accused man to Officers and at the time he was inside of the Government Administration Building. 

PC Hall told the accused the reason Officers were there and the report made against him.

The accused picked up his phone and it appears he was st[r]eaming his encounter live on Social media.

Officers asked the accused to desist from his behavior as others were becoming alarmed but he continued to shout loudly causing a disturbance.

The case summary explained further:

PC Hall asked Mr. Varona to step outside the building so they could talk without causing any other breach, but he replied “use Police Force, go ahead and arrest me like you arrested my daughter!” Officers subsequently detained Mr. Varona and escorted him from the building. 

While speaking to Mr. Varona outside the building, PC Hall asked him why he was behaving that way and creating a disturbance. He explained that he was doing so in an effort to get the attention of the government to help his wife and daughter. PC Hall informed him of other ways to get assistance but he insisted that if he is released he would return to the building and continue to cause a disturbance until he gets what he wants.

The case summary concluded:

At 11:50 am, PC Hall pointed out the offence of Disorderly Conduct and arrested Mr. Javier Jouz Varona for the said offence and cautioned him.

When cautioned he said,“you have proof? I have it all on my phone”. He was subsequently transported to the Police Detention Centre where he was handed over to the Sergeant on duty.

While at the Police Detention Centre, Mr. Varona  was advised that he had to provide a sample of DNA and his finger print to be taken as a part of the process of booking him into custody.

He then stated he was not going to allow his DNA to be taken; hence, he was not processed into custody.

At 1620 hrs, PC Hall accompanied by English/Spanish translator Ms.Carol Saunds told Mr. Varona of the Police request to conduct an Audio/Video recorded interview with him and he replied, “I refuse to answer that question”. PC Hall explained that he required a yes or a no, however Mr. Varona remained silent and an interview was not done.

Using an interpreter in Summary Court today, Mr Varona alleged that he was “misled” by his previous lawyer that the case was closed due to a failure by the authorities to file a case against him within six months. He also questioned why the case against him had been “reopened.”

However, Magistrate Hernandez took the time to explain the filing deadlines clearly.

She confirmed that the offence occurred on March 11, 2021, and the authorities made a filing on September 7, 2021. As a result, the filing was timely completed within six months (the six-month period would have expired on September 12, 2021).

Magistrate Hernandez then reminded Mr Varona that he appeared before the Court on October 12, 2021, and was supposed to appear in Court on November 9, 2021.

When Mr Varona failed to attend Court, a warrant was issued with a $200 cash bond. Mr Varona noted in Court that he paid the cash bond on July 29.

After clarifying the facts, Magistrate Hernandez informed Mr Varona that bail would be extended to August 8, 2023, and the matter would be heard in Court then.

Mr Varona, however, noted to the Court that he would be discussing the issues on social media.

Magistrate Hernandez cautioned Mr Varona that, while it was noted that he intended to post on social media, legal matters are decided in the Court rather than the Court of public opinion.

Mr Varona is now hopeful that a new lawyer will represent him for the upcoming Court appearance on August 8.