Bush discharged as judge stops assault trial
(CNS) UPDATED WITH FULL STORY: Mckeeva Bush was discharged by the court Thursday after the judge presiding over the case against him for indecent assault stayed the proceedings as a result of a successful application by the defence accusing the crown of an abuse of process. Justice Stanley John discharged the jury, released Bush from his bail conditions and stopped the trial.
The crown noted that Bush had not been discharged as a result of the evidence but because of the process and that it was open to the prosecution to appeal the judge’s ruling and, if successful, retry the West Bay veteran politician.
Over the last few days, the prosecution and defence lawyers engaged in legal arguments on a number of issues relating to the disclosure process that involves the crown handing over pertinent material to the defence well ahead of a trial as well as the conditions under which the director of public prosecutions brought this case to court.
The media is still restricted in its ability to report the full details of the submissions made to the court by both the defence and the crown for legal reasons, but we are able to reveal Justice John’s ruling that led to his decision to stay the proceedings against Bush.
On Wednesday morning, the judge upheld an application by Bush’s lawyer, Sallie Bennett-Jenkins, to stay the proceedings on the grounds of an abuse of process but issued a temporary gag on that ruling until other legal matters were ironed out.
Then this morning, Thursday, after discharging Bush, he told the jury the trial had been concluded as a result of a ruling he had made following an application by the defence. Justice John also then lifted the gag order, allowing the press to report on his decision.
The judge has said that he will issue a full and detailed ruling by the end of March, but in the short decision handed down yesterday, he said that the court was “concerned with the process, and I stress the process, by which the decision to prosecute was made”. He did not comment on his position regarding the evidence that had been heard by the jury since the start of the trial last week.
Offering a short explanation for his decision, he said, “I pose this question rhetorically: Would a right-minded citizen hearing the process used to have the defendant brought before the court… not have serious concerns?”
Additional disclosure was made to the defendant on Tuesday afternoon. This had followed the disclosure of other important information on Monday, a week after the trial started, all of which was relevant to the case. The crown has a legal obligation to give defendants material that may be of assistance to them that has been uncovered by police and prosecutors during the course of any investigation. While disclosure is a continuing process, it is problematic for key material to be revealed in the middle of a trial.
In this case, the content of the disclosure, as well as the process, was such that it led the judge to stop the trial. “This entire process has caused a level of disquiet,” Justice John said as he announced his decision to stay the proceedings.
Charles Miskin, who was representing the crown in this case, stated in court that the ruling was “not a verdict on the evidence”.
He stressed that if the Cayman Islands Court of Appeal sat permanently, the crown would have been able to appeal the judge’s decision immediately and get a decision within a relatively short period, enabling the case to be adjourned, the jury retained, and if successful, to return to the proceedings. However, because the appeal court here is seasonal, this is not possible, and so he accepted the jury must be discharged.
Miskin told the court that it was up to the director of public prosecutions to make a decision whether or not to appeal when the court sits in April and then, depending on that outcome, to make a decision about a retrial since Bush has been discharged and not acquitted.
However, the court confirmed that as of Thursday morning, there were no longer charges against Bush in this matter, and he was a free man. Following the adjournment of the court, Bush spoke briefly with the media.
“The whole country understands what has taken place,” he said. “This was a huge abuse of process and an abuse of this member of parliament.”
Bush stated that he had been willing to take the stand and give his side of the story at trial. “And while the lies have come out, I have not been given the chance to give my side yet, but the truth will come out… I’m discharged,” he said as he left court with a close family friend.
- Fascinated
- Happy
- Sad
- Angry
- Bored
- Afraid
Banana Republic
Septic Isle
Screaming in the Suffering sea
It sounds like crying….
Reap what you sow Cayman.
I wonder what the “holier than thou” Premier thinks about this.
Well since she and the REST of the women in the legislature said ABSOLUTELY NOTHING, from the get-go, sadly we already know the answer to that don’t we?
Gunmen overshadowed by Bush hits worldwide news.
Right? Such perfect timing to overshadow Bush. Makes one wonder…
This is why the wealthy can misbehave and get away with it. They know the law is on their side and they will never be held accountable for their behavior.
Thought he was looking for an arrangement with utility companies because he couldn’t pay his bills LOL
Banana Republic
Without bananas.
The entire prosecution should be fired! Everyone deserves clean justice, This is beyond frightening to know if they could do this to a member of parliament, what would they do to you and me. I am glad for Mckeeva ( wish they would leave him alone, target someone else). more importantly am glad for the exposure of the corrupted justice system. I only wish they would stop wasting taxpayer money and used some of it to help these hurting caymanians
DPP staffing seems to be loaded with Jamaican attorneys who have a civil service attitude to their 9 to 4 days.
That’s clearly not good enough to confront the skills of UK King’s counsels.
Ironically the current DPP has replaced the Jamaican lawyers with UK lawyers.
Check your ‘facts’ even CMR reported that in the last 2 years, 9 Jamaican, Caymanian lawyers have left the DPP office and replaced by under-qualifed UK based ones …
One even left and went to HSM
https://hsmoffice.com/person/gavin-dixon/
Disclosure is SUCH a common issue. The DPP are SO incompetent- so many cases have been dismissed for disclosure. When will they ever learn? Someone needs to ask the elusive DPP – who never does a case- to answer some difficult questions. There should be a full enquiry.
Search Sexual Harrassment in the Workplace UK, too many to copy and paste, see how serious this is, the consequences and not be trivialised or taken as a joke as it is in Cayman.
You don’t think this 🐖 is now drinking and laughing tonight…?
So when is he off on the next international junket representing the best of Cayman?
Kenneth will take him on a celebration junket to Barbados on the UDP private express.
The other 14 will be pushed to the back so that they can party in first class.
Misogyny is the hatred of, contempt for, or prejudice against women or girls. It can also refer to social systems or environments where women face hostility and hatred because they’re women in a world created by and for men — a historical patriarchy.
Offering a short explanation for his decision, he said, “I pose this question rhetorically: Would a right-minded citizen hearing the process used to have the defendant brought before the court… not have serious concerns?”
Rhetorically?
The truth will out from someone that cannot be threatened!
Appears he was also miraculously cured at the same time. No walker in sight.
Massive Church donations do apparently have healing powers.
Praise da lawd.
It is disheartening to witness the recurring failure of RCIPS and prosecutors to secure convictions in a litany of high-profile, complex cases. The apparent inability demands urgent public review and reform to ensure justice is served effectively and consistently.
The justice system in the Cayman Islands is not grounded in a relentless pursuit of the truth or facts. Justice in the Cayman Islands is all about your ability to afford the best attorneys and the mood of the crown prosecutor on any given day. The justice is riddled with incompetence and sloppiness.
Free fridges and a/c condensers for the WB residents now.
He is one of Kenny’s people.
Will we see the arrest and prosecution of any senior legal officers for fundamental breaches of their obligations?
How many times has Mac avoided a conviction? The Stan Thomas affair, alleged assault on a Florida barmaid, alleged assault on a Cayman barmaid, using his CIG credit card to…um…”buy crockery” at a US casino, the use of the $10m NBF…that’s just from memory I’m sure there are plenty of others. Da man is as slippery as a fresh caught fish and smelly as a rotten one
Looks like the walking stick has now been discharged as well!
So he didn’t not do it.
This disgusting man will now rely on the word “Discharged” to mean “Not guilty,” and “innocent” of all charges brought against him.
His followers will dance in the streets and believe that their god has escaped colonial oppression…the FCO, Governor , and King Charles will be blamed for having arranged his drunken molestation of women at a government function.
I hope the DPP won’t give up, I really hope this skid mark stain on Cayman will be brought to Justice.
Or.. He isn’t “not guilty”.
LOL👍
Discharging in this instance is not an acquittal he can still be tried again if the Prosecution wants to present charges –
The Judge basically told the prosecutors they did some matter of procedure incorrectly and they need to redo that process if they plan on proceeding
Exactly.
Will Cayman ask the Director of Public Prosecutions to formally resign, or be fired for cause? Charges are dropped?
Get rid of Attorney General and work downwards!
#349 Samuel Washington Bulgin
According to the Gazette which published all the names of everyone who received their Caymanian Status in 2003.
He is also a freemason.
“Bucket go well ebry day, wan day di battam mus drap out”
Meaning: Taking the same risks everyday can become eventually end in disaster.
Your first sentence is gibberish. What are you saying??? Do you wish to have your opinion respected? Please speak as an educated person.
Even us “third-world” educated people can decipher that “gibberish” easily. Maybe you’d admit to understanding it if you heard it as a Bob Marley lyric, because then you’d be “cultured”, right colonizer?
The audacity of your ignorant self telling someone that is clearly fluent in multiple Caribbean dialects to “speak as an educated person”… all we can do is hope that the irony isn’t completely lost on you.
And there 7.45 you have expressed the difference between Gentrification and Jamaicanisation.
Choose wisely Cayman.
No. The first sentence is a widely understood parable.
Check your ignorance. Your arrogance has blinded you.
appeal? oh please…wont happen….ZZZZ…higher courts seem to stay away from politics anyways…
The main “victim/witness” was clearly not interested in elevating this to a criminal case and said such multiple times. So no real point in appealing and trying to attempt to go again at a new trial when this victim/witness is essentially arguing for the defense.
Not worth the time and resources to go again.
and in the next breathe the gangs and shootings will be condemned without the realisation of ultimately being interconnected, – Cayman doesn’t stand a chance.
They’ll also blame the Governor and FCO .
He was right though when he said a cockroach doesn’t belong in a cock fight.
As everyone has found out multiple times. He is the master of cock fighting.
So I hear..
It was pretty clear to me from reading the testimony about the one “victim” that this wasnt going to get a unanimous verdict (and hence a conviction). That victim/witness said in her own words that the actions were inappropriate but not so over the top to be considered criminal (that is her words not mine).
Still creepy behavior.
Creeps have creepy behaviour!
They probably played the incident down as making an enemy of someone like that will have ramifications for your job, family, prospects. The island is too small and the powerful have tentacles!
Begging people here to get some basic understanding of our legal system before making false assertions like this This is not the US – touching without permission or consent in any form is considered battery under the law of England and Wales (which forms the framework of Cayman’s criminal system)
The offences you are alluding too with actual harm are specified quite clearly as ABH and GBH he was never charged with either because no one including the prosecution ever alleged any serious injury or damage
Glad for you Mac. Know you are a gambler but it’s time to stop rolling the dice my friend or you might end up with two b…. box like another friend of mine.
I was wondering how long it would be until MI6 made their phone call to the appropriate people to make this disappear.
Politicians on this island have very big black books in their deposit boxes.
They are not the only ones!
For those of you who haven’t been around long enough to remember the West Bay woters will now hold a candlelight vigil in honour of their hero.
A rally will be held (with free food of course) and he will stride confidently to the stage while Candle in the Wind plays in the background to proclaim bureaucratic harassment.
Cats have 9 lives. They must be jealous of McKeewa.
So sad that your words are true. Cayman has no conscious.
Conscience.
Discharged case is not the same as not guilty.
HOGwash as usua🐽🐖
Lol. The republic Teflon Don.
He never was going to be found guilty, watch if he is not the next Premier as they may have another midnight coup and oust Ju Ju. She better watch her back now with the other ones; birds of a feather certainly will stick together, and if she thinks they have any loyalty to her, she is really in la-la land.
He is already de facto Premier. The United in the name of UPM and the giving of public funds to churches tells that he is
He certainly could not be any worse than what we have right now. Plus would be really nice to see the rest back stab old Ju-Ju as she always does it to someone else!
Will he now try to get his OBE back?
He will probably be knighted now
Hell it is being expressed back to him as we speak!
The real OG
Maybe the DPP office should just close down.
Man hard fi ded.
I am absolutely sick of powerful men, former politicians, current politicians, here and in the US and other countries using their position for self-enrichment, boosting their cronies, doing the bidding of the ultra-wealthy whilst exploiting, abusing and even attacking anyone who gets in their way, voters or not.
And the justice system woefully failing to hold them to account. This is not democracy. This is a joke.
True for the most part! But bear in mind that every man is innocent until proven guilty.
The issue is the overzealous police/prosecution thsy made the case turn on their own dirty facts not the defendant.
If they did their jobs within the confines of the law this would not have happened and barring death the defendant would still be on trial.
Its the stark reality!!!!
…and the weak women in government who stand for nothing..not even women who are in the right!
Yes, welcome to Cayman.
In good ol’ Caymanian: sick’ning. Let that be me or you, so see if we do not lose our shirt and our house defending ourselves and still be found guilty.
How convenient … due process wasn’t followed! Sometimes, incompetence is intentional.
The DPP letting the public and victims down again. This useless new head needs to go. It’s an absolute shame.
So those poor women had to be placed in public light to tell their story and he walks out of court (not that the court said he WASNT NOT guilty mind you) and he says it was all lies? Sstuppps, the woman said he bit her and gave her a “hickey” and that is was “creepy “. How is anyone standing up for the behavior of this man?! Just admit you is a drunkard and should not be holding public office!
Vomit, vomit!
Man, its is amazing how well our prosecutors can snatch defeat from the jaws of victory.
I guess video evidence of him committing the assault, that everyone has seen, isnt enough?
The God of West Bay and the Cayman Islands own Donald Trump gets off again, ready to be re-elected again by his West Bay worshippers.
A knighthood for this great man surely. 😿 😭 😢
Please keep the great Donald out of this. Trump has to battle the crazy left up north.
12:17, Bet you are one of those corrupt people feeding at the public trough.
The right at one time had ethics but in America the crazy right have completely lost them.
He cannot be compared to Donald Trump as Trump is someone USA needs as President . But here in Cayman the intelligent educated politicians conspire against one another and it results in having someone like Bush as Premier
Like hell America needs a totally corrupt, racist, pXXXy grabbing, friend of Vladimir Putin as President.
Unfortunately we do not have a system of justice.
He’s the reason why Foreigners can just buy status now. Reason why cayman cost of living is going up. He did this shit years ago and everyone forget what he did.
Shows you everything wrong with Cayman by one person.
Get a grip on reality! How many Governments have we had that had the ability to change the status fiasco (that ALL the members of parliament, was responsible for and participated in, it took more than McKeeva, so blame them all, especially them coming behind and done nothing to change it . I know for a fact that McKeeva list of persons recommended was the shortest, so don’t fool yourselves). Time to open your eyes and stop directing hate towards McKeeva. Share the same hard feelings with every politician during this time and all others that followed. Truth be told we need a government that puts Indigenous Caymanians First.
He really is the Teflon Don. I mean, he’s the most disgusting man ever to represent these islands, but he sure know how to get away with all these “alleged” crimes! Sad day Cayman….
Teflon man is right. Half the island saw his numerous displays of slobering and groping women at Royal Palms many moons ago. Guess he had to remind us he is The Man. Bite marks and no one took pictures? Guess we are all part of a conspiracy of dunes.
But this isn’t politics!
#sheissupported and all that? What a joke.
And so his gross behavior is left unaddressed. The man is not worthy of his title “honorable”. There is no honor is being drunk and lecherous.
Drunkenness and bad behavior should be frowned on by the courts, not glorified.
Yeah yeah, we know, it’s a cultural thing.
Thumbs up if you genuinely thought the outcome would be different.
the court hasn’t said he wasn’t NOT guilty mind you.
The one victim said he bit her and gave her a “hickey” and that it was “creepy “.
How is anyone standing up for the behavior of this man?! Just admit he is a drunkard and a deviant and should NOT be holding public office already!
How was the process abused exactly? Can anybody shed light on this please?
CNS: As noted in the third paragraph, the full story will explain.
What a mess.
laughable stuff. cayman justice=no justice. cayman the banana republic…..
another glorious day for the civil service and the dpp.
just another day in wonderland.