Cannabis raid on Doctors Express ruled illegal
(CNS): A judge has found that a raid at Doctors Express in 2019, when police seized medical cannabis from the physicians at the private medical clinic, was illegal. The decision was based on an unlawful warrant, which in turn was based on an unlawful cease notice issued by the chief medical officer. In his ruling on a judicial review heard by the court last year, Justice Robin McMillan identified a catalogue of wrongdoing in which various public officials colluded to prevent the doctors from dispensing the legal cannabis to their patients via vaping.
The judge’s ruling outlines a damning chain of events triggered by a desire by senior customs officers to prevent the lawful importation of the legal medical cannabis being distributed by Doctors Express after they issued a digital circular advertising the product to their patients.
The judge found that the doctors were targeted, and that was further supported by correspondence between the clinic’s owner, Samuel Banks, and CMO Dr John Lee, in which Dr Lee told Banks he had “ruffled a few feathers” and that he (Dr Lee) was now expected to do something about it.
It appears that is exactly what happened. As a result, a cease and desist notice was unlawfully used to secure an illegal search warrant, where law enforcement officials twisted the law to pave the way for the raid. This was compounded in the wake of the raid by the behaviour of customs officers, the fallout from the raid and the way the subsequent legal case was handled and then presented by the attorney general to the court, which was heavily criticised by the judge.
In his ruling McMillan said, “These judicial review proceedings have uncovered extensive evidence of conspiracy, misfeasance and perjury in senior public officials, including even before the Grand Court itself in an attempt to pervert the course of justice.” The judge accused Dr Lee of perverting the course of justice and the attorney general of breaching his duty to the public in the way the case was conducted.
In the wake of the alarming ruling, which shows that the state deliberately targeting and then acting unlawfully against the clinic and preventing them from treating their patients, Banks said that while he was pleased with the outcome, he regretted being forced to bring the case.
“The prescription medications unlawfully banned and illegally seized in the raid were intended to treat patients suffering from life-altering illnesses, including cancer, and conditions causing debilitating pain,” he said. “When Doctors Express first brought these pharmaceutical-grade medications to Cayman we liaised with customs, the police, the CMO, the Health Practice Commission and all relevant bodies to ensure we fully complied with the law.”
As a result, Banks said he wasn’t surprised that the court agreed Doctors Express had acted lawfully throughout.
“The judge found that the failure of lawyers on behalf of customs, the CMO and RCIPS to offer any timely concessions inevitably added complexity to these court proceedings and I’m also disappointed that the AG and these defendants unreasonably chose to contest this case in the face of the overwhelming evidence against them,” Banks added. “It is a source of regret that customs, the CMO and the Health Practice Commission unlawfully conspired to target Doctors Express, ban pharmaceutical-grade vaporisable medical cannabis and raid our health care facility for their improper purposes.”
The clinic has bow been vindicated by the court, which he said “saw through the untruthful evidence — sworn on oath — by Dr John Lee and customs in an attempt to cover up this conspiracy and pervert the course of justice.” Describing this as not just bad faith but corruption, Banks said it had no place in the Cayman Islands.
“Every one of us has the right to assume that our government is acting in good faith and in the best interests of the public,” he said. “It was clear to me that I needed to take this fight all the way to the Grand Court to ensure that government-appointed officials cannot victimise the people of this country with impunity. We are a country of laws — and today we have proven that no one is above those laws.”
Banks said that his lawyers are sending a copy of the ruling to the director of public prosecutions and relevant law enforcement and regulatory bodies and and he plans to make formal complains of perjury and conspiracy to pervert the course of justice.
Meanwhile, with the judge finding that the cease notice and the warrant were illegal, he has now invited Doctors Express to present its case for damages.
See the full ruling in the CNS Library and check back for more details on the case later this week.
Category: Crime, Customs, Health, Medical Health, Police
How can we ever again believe anything Dr Lee tells us about the vaccine-
If he lied to the court- he needs to be fired
We already know he’ll say whatever he needs to say to get the result he wants. He’s been evasive on many issues with COVID, not always for convincing reasons. I am not surprised that he acted this way at all; I have always been suspicious of him. He made a serious error of judgment, probably unaware that discovery in a case if one was brought would result in the email in which he said there was no basis for concern about those vapes being given to the plaintiffs, thus confirming his cease notice to be issued improperly, but there is a lot of blame to go around for the totality of what happened. That’s about all you can say for him.
Truth please, Dr. Lee!
Have they released the massagers yet?
Wow. Well, I’m going to need to work all night to make up for the time spent reading that judgment, but it’s quite a tale. What an embarrassing and damning set of failures across the board. I already regarded McMillan J highly but he has gone up further in my estimation. I note that Samuel Banks is no longer a partner with Appleby and I wonder if that had anything to do with this. This is just the beginning of this story as the chips now have to fall.
Take THAT, Dr. Lee. Next time, think twice before you go forcing your morals (or the premier’s morals, or the church’s morals, or whoever’s morals it is) on the country. You have just been notified that you are NOT above the law: You can NOT issue cease orders and/or get searches without following the law. Remember that in the future.
Lee needs to go. He is compromised.
What future? 😁
FIRE Dr. Lee and CBC Charles Clifford now!
We are going to be paying for their arrogance and major fcuk ups!
Charles Clifford is living in the stone age and thinks cannabis is the devils lettuce. Maybe if he got a haircut from this decade he may come around
Can someone please give me a valid reason why DE can import a processed Cannabis product from abroad, but Caymanians can’t even grow and brew tea from the raw plant on their own land?
They won’t get any import duty if we grow locally pal, whereas I’m sure they were happy to take the duty from DE and then shaft them with the seizure order. Absolutely disgraceful. Maybe drugs are duty free don’t have time to read the customs law.
But you have time to write your crap 😂
There is none. We’ll legalize it when the USA federally legalizes it within the next decade. Watch.
I appreciate their services but they have a legal monopoly.
The medicine works, plain and simple. I get better relief and no side effects through medical cannabis instead of pills. I just wish I could plant my own medicine. I already grow my own mint tea 🍵
There would be licensing fees for cultivation and extraction. And, while no import or fees would be charged for Cayman cannabis (or cannabis products), there would be export duty or fees.
Don’t be fooled by misdirection. Government will actually make more duty or fees. The current import only policy concerning cannabis extracts and tinctures only makes it harder to obtain medical cannabis medicine for patients.
Broadening domestic (medical) cannabis laws is the only acceptable option. Otherwise patients, ultimately, pay the price literally and figuratively.
UN Drug drug commission reclassified cannabis as less harmful (with beneficial characteristics). CARICOM supports legal framework for (medical) cannabis industry as a sustainable pillar for economic growth.
Tourism and Finance (Banking) cannot do all the work forever. Look at what Bermuda did with the Cannabis Licensing Act. Cayman Islands are late to act, but will have best available option to get it right and can compare what worked (and did not work) in other jurisdictions.
The writing is on the wall for MPs to act, which cannot be ignored. Now if MPs do not act, it’s time for the people to decide by direct democracy via a voter initiated referendum (section 70, Constitution).
CPR executed triggered a referendum and time is now ripe for the Caymanian people to have their voice heard on (medical) cannabis! Voter-triggered referendum seems like appropriate opinion (section 70, Constitution) or, if MPs act, MPs could trigger a referendum as well (s.69, Constitution).
Which will it be: section 69 or section 70 of the Constitution? Ball is in both MPs court, as well as in the voters court (the Caymanian people’s hands). Who will take the lead: MPs or the People (Caymanian registered voters)?
Note to self, never speak with friends/acquaintances on an off the record basis. I am sure Lee and Banks remain friends :)>
Well after Banks cashes the $million plus cheque for reputation all damage, maybe they will be.
Some of you idiots think all CBD gets you high… Do you research people!!!
They had CBD with THC. The vapes definitely got you high.
So what?
What kind of masochistic humans take the happy out of natural grown plant? Why?
BS. My wife uses these vapes. No high.
Can you list all the approved pain medications which if abused do not cause you to get “high” and also have a the only other know side effect of making you Sleepy and hungry?
I’m not excusing Dr Lee’s actions, but note the evidence included correspondence between Dr Lee and Mr Banks in which Dr Lee wrote “Mr Banks had ruffled some feathers and he (Dr Lee) was expected to do something about it”. Dr Lee is now being hounded not just because of what he did but because he’s an expat. What needs to be done is to find out whose feathers were ruffled (assuredly not expat feathers), and whether these individuals threatened Dr Lee to do their bidding. Dr Lee has hitherto performed his job in an exemplary fashion and this behaviour is totally out of character.Before all and sundry condemn the good doctor wait until we hopefully find out who pulled the strings, and how, – these are the real villains of the piece.
Perjury is perjury, and the coverup is always worse than the crime. Dr. Lee shouldn’t have compounded one mistake with another.
How ridiculous. If Dr. Lee were Caymanian you would be screaming bloody murder and demanding his immediate dismissal. There is no excuse.
I think you have got it the wrong way round. Cayman is full of tales of incompetent Caymanian Public Servants who make mistakes and get away with it. The Collector of Customs is now one such example but there are many others. As soon as an expat makes the same mistakes, they are shown the door. Don’t misunderstand what is happening.
6.45pm There is no excuse for Caymanians allowing the Speaker to remain in office.
While there is no excuse how about some understanding until we know who pulled those strings. Have you ever been threatened or coerced by someone who can impact your ability to stay on the island. I have and I strongly suspect that Dr. Lee was as well.
Just follow the money. It may surprise you who is making big money cashing in on cannabis.
Yup…. They wanted a lawyer to run CBC, someone who had experience, someone who knew the inns and outs of Government.
LMFAO!!!! #fireallofthem
Rut roh raggy..hehhehe…
respect for the rule of law…great job grand court and justice mcmillan
Does the DPP have a spine? We shall soon see.
They should also be investigated by anti corruption commission if this goes under the rug. This has been a long time coming. So many people have had so much injustice done to them because they didn’t have the finances to fight for justice because justice sadly isn’t free. They need to be jailed and treated just as they have treated so many. It’s about height time. The AG – the CMO – and all involved. If not a private citizen should take it up and Suit them all.
There could be a private (not public) prosecution. It’s worth considering, especially by a former prosecutor, with assistance (and oversight) by a QC.
the cayman civil service…a rats nest of corruption, collusion, lies and incompetence.
all in the neame of preventing patients from getting relief of their symptoms???
another sad, shocking but unsurprising day in cayman.
Now with all this said and done. do we put all our confidence in Lee????
Dr. Lee and the other officials involved in this fiasco need to submit their resignations immediately. It appears that they added insult to injury by lying to the court. There must be some accountability for this.
Dr.Lee should resign, voluntarily. Reputation, once damaged, is damaged for good.
He should be jailed!!!! This man had to go to court and face prosecution so should all of them! That’s why this madness takes place in cayman because everyone is happy with a resignation and massive payout to the wrong doer to go live in luxury somewhere of their choosing. To hell with that! Jail them all
It is coming. “… plans to make formal complains of perjury and conspiracy to pervert the course of justice.”
Formal complaints – which will get investigated just like those against the Minister’s wife or the 2 x quarantine breaker. Given the Commissioner of RCIPS was one of the defendants what realistic prospect do you think that has???
Why are these attacks mainly aimed at Dr. Lee? Walton and Clifford of CBC are complicit in this. They decided they would act illegally knowing they were acting illegally. How about those 2 lawyers who had access to the same information as the judge yet decided to continue this farcical case? What about their supervisors? This was rotten to the core. Many players in this mess.
this isn’t the first time his reputation was damaged. How do you think he ended up in Cayman in the first place?
https://www.theguardian.com/uk/1999/jan/06/claredyer.sarahhall
Just goes to show how CIG can put the boots to you even if you believe you’re doing nothing wrong.
#firechuckie
No weed no vote!
That what they get. Government is consistently working against their own people’s best interest. Get with the 21st century already. May is right around the corner!!
Sheredan
Please recall the Royal Honor from the dishonorable Dr?
A petition in progress.
How is the angry face at almost 80%?? Who youse mad at!??
Jeez, I’m happy this turned out in favor of Doctors Express. The whole debacle was ridiculous.
But mostly I am really surprised and extremely disappointed that Dr Lee was involved in this way. He is a people pleaser I guess…
That’s what he said.
I reacted angry because I couldn’t get my prescription filled because a bunch of old farts in CBC/RCIPS are still living in the 1960s and think tobacco is perfectly fine but medically prescribed ganja is bad.
1960s? Everyone between 1967-72 was smoking weed. I’m not sure what era these old farts are living in but ganja use goes back to ancient times.
He is a “yes” man!! Lol
….and this is who we have as Chief Medical Officer and gave an award to? What a joke.
1.05pm Your joke is not even in the ball park when it comes to the Speaker.
Congrats Sammie and glad to hear what we all knew !!!! well hope now you get your judgement for ALL the damages, inconvenience, lost of wages, pain and suffering for your patients. Also all those who were involved Heads of Customs, RCIP, & Medical officials who took these illegal steps to tarnish your very reputable name & business there must be very serious consequences for this bullying act… so these type of actions are not repeated in the future.
@1:02 Don’t hold your breath mate. No-one will be held to account for this debacle.
Operation Tempura 2.0
Operation Sativa 1.0
Remind me why Dr Lee was given an OBE? Assume his resignation will follow in short order along with handing back his OBE?
Not to mention prosecution for said offences.
Well done Doctors Express – congratulations! Puppets on the string of corruption! The truth is now coming out with these corrupt ‘leaders’. Your time is up!
Dr Lee should be removed from office, instead he’s receiving awards by our corrupt government t. Banana republic through and through!
He received his award from HM the Queen on the recommendation of the Governor..
Governor needs to go too..I don’t trust his cozying up to us and throwing us under the bus when he feels like it..
Buffoons!
This is probably the most damning judgment I have ever read, in 25 years as a lawyer.
There must be consequences.
@JTB Charges for gross misconduct and conspiracy to pervert the course of justice maybe? You’re obviously the expert here but it seems to me someone deserves to get hammered for this. Remember the aftermath of Operation Tempura illegally targeting Alex Henderson? This should (note I don’t say ‘could’) get equally expensive.
Dr. Lee, I am so disappointed in you. You have destroyed the trust that you built up with the public during COVID.
Worse, as a Doctor, as the Chief Medical Officer of the Cayman Islands, you conspired with another government entity, Customs, to deny patients access to legally prescribed medication.
You deliberately and willfully directly caused patients to be deprived proper medical care.
I have one question for you Dr. Lee.
Why, did you become a doctor?
Sadly, honoring separation of church and state is not upheld in the Cayman Islands. The zealots in government who believe that using marijuana is a sin are the cause of Dr. Lee bending to their rules. In my heart I know this is the reason he did what he did. It was under pressure and shed a light on one of the worst things a government can do and that is take someone’s religious beliefs as good for all the people. Some of the crap I see pawned off on the public as “Godly” is anything but. Religion is a sacred thing between an individual and their idea of who they worship. It should stay that way! Poor Dr. Lee! I truly feel sorry for him as I can understand the pressure under which he made this bad decision.
If that was in the least bit true, then why was the same sentiment not used against tobacco and alcohol?
The findings of the Judge are very serious… this appears to have been a completely hopeless Defence… the amount of money wasted in legal fees will be huge… if any case scream settle it was this one…
But how are people who bring in MJ illigally to compete with this medical MJ? It will destroy our black market and all the people who contributed to the sham accusations in this case. I mean, how can I frame my coworker with legal medical MJ. Think people, if you want illigal MJ with whatever the drug dealer wants to add like pesticides or gasoline to give u better high, then you only need to ask the streets which is where all dealings should stay.
LOL this hasn’t put a dent in the black market since tons of people prefer the raw plant still.
Only way to destroy the black market is to legalize personal growing and issue commercial licenses like for tobacco sales.
This happened after uneducated CMR made a big stink about it on her crappy blog site. Nine times out of ten she is always incorrect about the information she releases and the rcip decided to follow her. I dont know why people gave that idiot so much influence.
The Grand Court is to be commended for its landmark judgment by Hon. Justice McMillan, which upholds the rule of law. Unlawful decisions/acts (including failures to act) by public officials need to be prevented in the future, instead of innocent victims being left with no choice but to seek vindication by the courts as a last resort. There is a need to learn from these types of matters, so that they never reoccur and that the rule of law is consistently upheld by public officials.
Well said!
I’m relieved that justice has won the day in this case. CBD is one of the non psychoactive components of cannabis with huge beneficial medical applications. It is freely available for purchase in the USA without a prescription. The Cayman Islands wants to lock it citizens up for using or possessing it, but you can freely buy cigarettes which are lethal and come with a warning of adverse health effects. What is our government thinking and why are citizens allowing this to happen? Thanks Judge from all of us.
Probably a software glitch, or maybe the consultants fault?
A shame Dr. Lee going down like this after doing such a good job otherwise with the Covid pandemic. But the law is the law and he should face the consequences.
I see what you did there.
Another tangled tale of corruption and abuse of power. Charge them with perjury and perverting the course of justice. Vendettas must be crushed
Lee must go now.
Can we get a statement from the Governor? Such a disgrace.
another glorious day for our ‘world class’ civil service…..zzzzzzzzzz
OHHHHH they are in trouble! It is great news to see corruption being taking seriously. I will never understand why the CMO put his neck on the line to lie for this ridiculous operation. Next step, legalize recreational marijuana and use the tax from it to build a monorail or something that will fix the over crowded road problem.
Can we talk about the spam texts though? Like seriously.
Yeah that was probably a bad look from Doctors Express but they way they tried to get them back for it was a joke. They could have passed a law banning advertising of CBD or whatever and instead pulled this mickey mouse stuff. They probably could have settled this, were too stubborn, and now the incompetence and corruption are laid bare for the everyone to see. Bad look all around.
Uh oh… Dr Lee is in some deep doo doo. This lawsuit is going to cost the government a fortune.
Chucky got to go. Taking the law in his own hands and putting Dr. Lee under duress .. may be they should both go. If Dr, lee knew it was wrong but,! Still signed warrant.
Yeah, let’s try to minimize Dr. Lee’s role….Where in the world did you get the idea that he acted under duress?
3.46pm Read the article!
Corruption in our Cayman Islands government. How can that be? Did they maybe learn it from our elected officials?
Of course it was illegal. Is anyone truly surprised? There seems to be hardly a civil servant in uniform that understands that their power comes only from law, and is constrained by law. Instead many seem to believe that their badge is the source of full authority to do as they please. Any accountability this time? Doubt it!
Will the good doctor now show Mac how it’s done, do the right thing and resign?
His boss Roper too!
Roper has nothing to do with this.
Mac should never have been given the right or option to resign. He should have been removed before the guilty verdict of the courts and should be in jail now like any other member of the public would be.
Congratulations!!!! Well done!!! This is a victory for Cayman!!! You can be sure there are some squirming vermin out there today! Ha ha ha!
Oops!
Busted! Now what?
You did it again?
Always