Cops held in Cuba get community support

There’s been a lot of reaction to my last post about the two Vancouver area cops who went to Cuba for a holiday last March and are still there because the Cuban government won’t let them leave. VPD Constable Mark Simms, then 28, and his close friend, Port Moody PD Constable Jordan Long, then 30, were enjoying a planned holiday of sun and relaxation when they had a fateful encounter with a girl. 

They were accused of sexual assault by a fellow tourist from Canada, herself a 17-year-old from Ontario. The accusation is that she walked over to the two males seated at the swimming pool bar at their resort. I should add the girl had been in the bar drinking with friends at the same time so there was no reason to assume she was underage. Resort staff were serving her. Equally, age in not a legal question in this matter as the age of consent is 16 in Cuba.

She walked over to the two friends and told them she wanted to have sex with them. Some of the reaction I received concerned why they let her follow them to their room and why did they let her in. Gee, I don’t know. They were on holiday at a resort in Cuba. They’d been drinking at the pool. The girl wanted sex and Simms being a single, healthy guy acceded. Long stepped out on the balcony to let nature take its course. 

The female made two attempts to interest Long but was rebuffed both times. The female got dressed and left and the guys laid down on their beds for a nap. The next thing they knew hotel security were rousing them and their nightmare began. 

The complaint from the girl to the Cuban police said they dragged her from the pool bar over 500 metres to the resort hotel, through a busy hotel lobby and up three flights of stairs to their room where she was held down and raped.

Those are the two sides to this ‘He said / she said’ story.  What we do know for sure is the Cuban police have booted this one around the block. In any matter like this, investigators need to establish if there is any evidence that corroborates one side or the other. Or conversely, finding evidence that pokes holes in the story of one side or the other. 

Police did not immediately request the CCTV video all around the resort be saved for them to review. Why not? This would have conclusively established which side was telling the truth.

A medical exam of the female yielded no corroborating evidence of rape. Typically, there is bruising, vaginal tearing, defensive wounds and the like. Nothing in this case. 

A blood alcohol test of the alleged victim taken 17 hours later yielded a BAC of .12 or 50% higher than the legal limit in Canada. After 17 hours we don’t know if that’s a residual alcohol level or if she consumed alcohol in the interim between the event and the test. 

Police canvassing folks at the hotel yielded no one, staff or otherwise, who saw anything like the girl is claiming. 

That, in itself, is telling. The cops, for their part, were kept separated and interviewed separately and gave similar versions of events. That tends to corroborate their stories. 

They were held in custody for seven days. They managed to contact Canadian officials and their family in Vancouver because Long managed to keep his phone with him and availed himself of the opportunity to reach out to the outside world when he was alone. 

Reverend Blake Field, pastor of the Wilson Heights United church, where the Simms family are parishioners, wanted to help. He speaks Spanish from an earlier assignment in Spain. He got permission of church elders  to go there to see what he could do. He made two trips and spent a total of 26 days there, translating, liaising with the police, Canadian officials and assisting defence counsel in reviewing the investigation including the only statement taken by from the complainant by the police. Two weeks ago he issued a statement to his congregation which he has shared with me. 

In it, he says, “I am not a lawyer, but from all I have seen and heard during the 26 days I spent in Cuba, I am deeply concerned because I am convinced that Constable Mark Simms and Constable Jordan Long have been accused of a crime they did not commit.  I firmly believe that the evidence does not substantiate and actually undermines the reliability and sincerity of the allegations made against them.  This unthinkable situation has taken a substantial toll on these two individuals:  physically, mentally, emotionally, spiritually and financially, and has been a great burden on their families, loved ones, friends and community.”

“I ask people to imagine how they would feel if criminal allegations they believed with all their hearts were untrue were made against their son or brother or nephew or friend, or indeed themselves. Magnify that by the fact that it took place in a foreign country with its own laws and legal process very different from ours with the serious complication of a complete language barrier.  In my personal life and as a minister of the Christian Church, I stand in absolute solidarity with victims of violence.  That is why I find this particular situation so disturbing, especially at a time when victims are feeling empowered to finally come forward and hold their abusers to account for their actions, as this only detracts from the important movement that is taking place.”

“An appropriate time may come to elaborate on the details which have caused me to believe that Simms and Long are the victims of allegations which are not true.  In the meantime, we ask for your prayers and your support for these two people and their families.” 

“This church has a long history of working for justice, both in the world and in particular situations of crisis.  Because of my experience, I absolutely believe that the details of this situation do not support the allegations that were made. The leadership of this congregation fully supports the work I have done and has covered the expenses related to it. But now these families need your help and support. I would like to announce that the congregation of Wilson Heights United Church has started a benevolent fund to help offset the considerable financial costs that this long ordeal has incurred for these individuals and their families.  We initiated a campaign to which donations can be made through the church website at www.whuc.net or, if you prefer, donations identified for this cause can be made by sending a cheque to the church.   I wish to be clear that I did not go to Cuba as an individual, but rather I went with the blessing and under the auspices of the church I serve.  Likewise, my statement today and the fundraising campaign are to be understood as aspects of this congregation’s mission in the area of justice-seeking in response to this crisis.  May God bless this work.”

Indeed. Godspeed Reverend. 

-30-

Leo Knight

@primetimecrime