Court paves the way for costs claim in Doctors Express case
(CNS): Doctors Express is on its way to a significant costs claim as the court has recently ruled that the government’s defence of the clinic’s legal challenge to an unlawful raid of their premises in 2019 was so “hopeless” they should have conceded the case. Justice Robin McMillan said that during the proceedings, instead of addressing the many problems with it, “errors were heaped upon errors”. He has ordered customs, the police and the former chief medical officer to pay indemnity costs for the judicial review of the illegal raid.
In 2021, the clinic successfully challenged the cease and desist notice and the search warrant that had led to the raid and labelled the staff of the medical clinic as drug dealers. But the success came only after what the judge said was a “highly improper” and “drawn out… ever-evolving defence” by Nigel Gayle, the lawyer from the Attorney General’s Chambers who had represented the police commissioner, the customs director, the chief medical officer and the justice of the peace who had signed the unlawful warrant.
The court had given Gayle numerous opportunities to stop the case in the face of numerous points raised by the judge that he could not answer. But despite the warnings, the lawyer had pressed on. In this latest ruling, while Justice McMillan criticised the conduct of the lawyer, which he said fell below the standard to be expected, he also recognised that Gayle had been tasked with defending a desperate case.
“[C]ounsel had conduct of a defence which had no prospects of success and which could aptly be described as desperate,” the judge wrote in his ruling. “His task was one that in reality was impossible to discharge.”
As he ruled that the respondents should pay all the costs, the judge said, “If parties pursue a manifestly hopeless and improper case, the consequences directly lie with them.”
Given that each person liable for the cost is a current or former government employee, except for the JP, ultimately it is the public purse that will foot the bill. And while this particular aspect of the case focuses on the legal and associated costs that Doctors Express incurred as a result of the legal fight, the clinic is also still planning to pursue damages, since the entire episode negatively impacted the medical centre and clients who were denied the medicines they needed.
The ruling is the second this month in relation to this ongoing case. Doctors Express also secured leave for another judicial review, this time to challenge the Office of the Director of Public Prosecutions for its failure to bring any charges against John Lee, the CMO at the time, customs officer Holly Schneider or anyone else for perjury, attempting to pervert the course of justice and misfeasance in public office in light of the original ruling in this case that revealed an improper motive behind the raid.
See the full 24 February ruling cause G169/2019 on the Judicial Administration website here.
- Fascinated
- Happy
- Sad
- Angry
- Bored
- Afraid
All of these comments about CI Gov is truly shocking and eye popping. Unfortunately, it takes such a vast amount of resources to pursue this type of claim that the victims have almost no option but to shut up and take it – or BE shut up and FORCED to take it. Then there are those with some resources to tackle it – those that fall in to that category are bound to find themselves on the receiving end of a long list of transgressions affecting every single aspect of their life that bleed their finances, sanity, reputation and relationships.
Then, when those get around to actually piercing the armor find out that there are about ten different entities behind it all doing each other’s dirty work – as appears similar to the case here.
The word “corruption” gets thrown around here so much it might as well be a day of the week but really, this has to stop.
at the end of the day, the cookie trail regularly ends up leading to one of a very few places – once the place(s) are found and you do a heat map and see the connected entities, it is realized how systemic this is.
As someone said – it’s not incompetence – it’s design.
Pathetic to be blaming the JP for this mess, most of the JPs have no legal background! This all seems very abusive and they should pay costs and be reprimanded.
What a friggin mess and pact only pathetic response to this is to increase salaries ??? Can you believe this $#%@ Pact Clown Car is spinning out control driver drunk again and about cut down some more light poles and explode on impact ! Shame Panton trying hard to jump out passenger side door before crash !
Wasn’t this all during the PPM administration?
Yes.
It most certainly was
Go for it guys. Sue them and keep us in mind don’t have the level of resources to do so. They get away with so much.
Cayman is a weird place. Really weird.
Off the subject, but why would you restrict an access to an article (compass) that warns (actually it is the police who warns) to watch out for a person who harasses women walking the streets after dark? Shouldn’t it be an open access article since it is a matter of public safety?
Miami Herald, for example, also restricts access to their articles, yet if it is matter of public safety or emergency the articles are open for everyone to read.
common sense is a foreign concept in Cayman
There has been direct correlation between diminished common sense and an higher-than-needed influx foreigner workers into Grand Cayman.
Auditor General’s Department – Would you please do a value for money audit of the waste of government funds by the Attorney General’s portfolio in this and similar cases. In this case it would appear from the judge’s comments that either there was incompetence in not recognising the hopelessness of the case or utter disregard for propriety in taking forward a hopeless case. Who can file a professional standards complaint with the court? Can any taxpayer do that?
Any tax payer could. But to quote Dwayne, you must be very brave or very stupid to consider it. You realise that this was a case in which the judge found that the authorities actively conspired to screw over Doctors Express, then a concealed evidence and even lied to the court to cover it up? Good luck.
just tell me when someone goes to jail for corruption! zzzzz
No Weed? No Vote.
Julianna promised us local production of this medically prescribed herb so we wouldn’t have to rely on Doctor’s Express as the sole importer of this medical extract.
That was simply a last-minute front to steal votes from Elvis, who obtained a very impressive amount of votes for a first time candidate with no political background.
Unna please stop with the foolishness that cannabis makes you brain dead and lazy – alcohol does that 100x easier. I hold a Master’s degree and I consume the plant recreationally other than for my medical needs (anxiety, appetite, depression and insomnia).
You can get Cannabis Oil (with a prescription) from Fosters Pharmacies and probably the other supermarkets too.
I use it for chronic migraine pain, depression and anxiety too. It is amazing.
Agreed on your comment about medical cannabis vs alcohol.
No surprise. Customs loves ganja being illegal because:
1) it actually gives them a job
2) it being illegal makes it super lucrative to accept deals to help smuggle it with drug lords. Trust me, I get a whatsapp weekly with about 20 different varieties of cannabis imported from legal states.
Rule of law instead of third world. This is a big change. What happened?
Smoking gun was found and the law was also misapplied by public officials. How many more smoking guns will be found?
Governor Roper appears to be protecting people like Dr. Lee.
Deputy Governor Manderson appears to be protecting Eric Bush.
Government= those in society not bound by the law!
world class!…time for more awards franzie!…..zzzzzzzzz
There needs to be a commission of inquiry into governmental wrongdoing.
Government needs to admit failures, offer apologies and pay compensation to wronged parties.
Why do we let the AG’s Chambers fight loosing cases?
Wouldn’t the money, time and effort be better off fighting the stuff that merits a fight?
Will this same MO continue to waste funds from the public purse?
Wait until one of these government lawyers has enough of this and becomes a whistleblower and offers up a bunch of smoking guns instead of going down with the ship.
The walls are closing in on illegal government actions.
By who? Government?
Don’t hold your breath!
sad thing is…as usual…the general public will end of paying for the incompetence of cig and the civil service
Yep. There’s a strong argument here for personal costs orders if you ask me – why does the tax payer pay for such reckless disregard verging on conspiracy? I am guessing we get the foot the whopping damages order that will inevy follow as well. And there will be no criminal prosecutions, no one will ever be held to account for any of it – the CMO will no doubt get to keep his OBE and Mr Gayle get promoted for nbeinv a loyal foot soldier.
Bet your boots Justice McMillan wont be getting his KC or a knighthood, though.
McMillan is deserving of both. Far more than Alden.
Bet your boots Justice McMillan will forever have the respect and love of the Caymanian people for being a prime example of how any member of the judicial arm of government should minimally carry out their duties by ensuring the justice was done and manifestly appeared to be done.
time for class action lawsuit against the incompetence of the civil service and cig.
Maladministration is a crime, and should be prosecuted.
Strangely enough, lying on sworn testimony is meant to be illegal too, and yet somehow doesn’t get prosecuted either. And the politicians do nothing to correct the actions of the civil service. Turkeys don’t vote for Christmas – but we Caymanians seem to regularly vote for turkeys.
It is the civil service, not anyone elected by the Caymanian people, that appears guilty of Maladministration, in almost every instance of it that I have seen. And there have been many. Sometimes the Maladministration centers on the failing of the civil service to curtail the excesses of some politicians, but it is very much a civil service issue.
Some MPs buy votes. Not all hand out the money directly.
Don’t think vote-buying doesn’t happen by those you might least expect.
Like I tell people, who admit to being paid for their vote, that if these MPs will cheat to get into Parliament, what makes you think that they are going to do what’s in the best for the Cayman Islands?
A sell out is a sell out. Plain and simple.
That’s strange……. It hasn”t happened yet, has it?
No, but quite possibly due to Maladministration.
Class action suits in Caymanian law are called representative actions. A representative action might be needed sorely.
Anyone seen Gov Ropers very special friend Doc Lee? Anyone? Anyone?
sure….
He left the island (resigned) and was replaced last year!
Doc Lee saw the writing on the wall and high tailed it out of here.
He was here at the end of January.
He may want to reconsider that decision given the JR over the decision not to prosecute him.
Chucky and others are still here right down the road.
He is here and travel back and forth was on a flight with him just 3 weeks back headed to miami. And he is also still doing work in the islands consulting to some CIG departments be nice to get a FOI on what he is exactly doing for them. This i know as he mentioned it to person that i was teavling with did not say dept just that he still doing consulting for the gov. Nice to have friends in the high places.
Justice Robin McMillan is a good man and a great judge. Wish there were more like him. People want justice.
What was the AG thinking letting this guy defend a case that was manifestly hopeless? Rules for me, but not for thee.
Letting him defend it? You mean, unlike telling him to defend it to the last breathe irrespective of the merits?
More like AG’s thinking.
Overconfident, under-competent.
Product of the ‘Peter principle’.
I think you underrate the man. This is not incompetence – its a deliberate decision to protect people within the administration. You are spending the tax payers money so it costs nothing and irrespective of the merits you may simply outspend or outlast the plaintiff. And if you don’t, so what – you shrug and the tax payer pays the costs and the damages, which you then refuse to disclose on the basis of confidentiality.
Collusion and conspiracy abound.
Public officials protect public officials.
Public purse pays for it while CIG defends matters, which are manifestly hopelessly, with the aim of outspending opponents.
You would think our government would have tried to settle this with the two aggrieved parties in this situation. However many in our civil service have two very strong in grain terrible attributes couple with their strong belief that Corruption is a strategic tool in their arsenal of strategies to be used when all else fails. The only difference between them and the Mafia is their arrogance and self righteous belief that what they are doing to protect themselves is somehow their right and is done in the best interest of Cayman.
Like i said…we have very high judicial system here…if not the best judiciary in the world! I have full confidence in our judiciary….and judges….and rule of law….those that think and bring utter foolishnes before the courts should be held accountable too! i wonder if they gonna bring an independent judge to hear concerning the new ruling by justice richards? also, if doctor’s express will bring civil action for damages…future loss of a …..a lot more to come….
Unfortunately Doctors Express is not the only victim of this terrible situation. CBC and government needs explain what happen to seized goods which end up in the hands of businesses controlled employees and government officials this situation needs a proper investigation and not by corrupt officials here or brought in by government itself to protect and clear them of wrong doing.
If that happened, people need to go to jail.
Sadly this CIG overreach goes everyday and it is only those with means that have the ability to push back and in most cases win.
That sounds about right. Big mighty government picks on various vulnerable groups of people.
Dart and Schilling should fund victims of government action.
I bet they would have have more support of the electorate, if they did that.
Then they would have more leverage to get more of want they want because they would have the support of the Caymanian people.
Support of the people is far more advantageous than the support of some MLAs or Ministers. The electorate votes in the MLAs.
This is what the CI Government, which is represented by the Attorney General’s Chambers, do far too often.
It is funded by the CI Government, therefore, there is no consideration of right or wrong or whether justice is being served.
Can’t Government’s lawyers figure out when it’s time to admit they made a mistake and be mature about it?
Kenny Rogers was right—“You got to know when to hold’em, know when to fold’em, know when to walk away, know when to run”.
We teach kids accountability and right from wrong. Why doesn’t government do the same?
Anyone in the PACT who is listening, please do something about this litigation machine that is wasting government funds. This can’t be what you signed up for. Remember what the PACT acronym stands for, please.
It’s not government funds – it’s money collected for public service, our services that don’t get done, even with nearly a Billion a year in collected revenue, and another quarter billion plus in debt. It’s not theirs to waste.
You mean, anyone in PACT who is having these comments read to them….
🤣😂 We don’t want anyone to work too hard now.
Maybe Jon Jon Seymour might be willing to teach a Hooked on Phoenix class for Parliament.
The problem is when it’s not a mistake but quite deliberate, you may think it’s better to fight and hope the truth won’t come out. After all, what’s the worst that will happen? You lose and the taxpayer pays costs and damages?
Personal liability, and prosecution for unlawful conduct if it has occurred, is the only way forward.
And therein lies the problem! If the persons responsible had to pay, financially and criminally, where evident intentional wrongdoing is committed, then we might see these sorts of situations greatly reduced. As things are currently the worst that can happen is the public purse has to pay out a huge settlement.