ODPP refers criminal defence attorney to police

(CNS): A recent judgment in the Cayman Islands Court of Appeal, in which the inappropriate conduct of a criminal defence attorney led to the quashing of a serious conviction against one of his clients, has triggered a police investigation. Keith Myers, who continues to represent clients in various criminal cases, is accused of sexually harassing Aisha Jamilah English when he represented her in the face of GBH charges.

In what the appeal court called a “troubling case“, Myers is accused of sending inappropriate messages to the woman and failing to properly represent her after she rebutted his advances.

In a ruling earlier this month, the appeal court said, “On the face of it, Mr Myers’ conduct was indefensible.” Myers had, however, sworn an affidavit in which he denied sending any messages, as claimed by his former client.

“The contents of his affidavit in the face of the WhatsApp messages raises very serious issues which require investigation by the police,” the president of the appeal court said in the ruling. “We direct the Director of Public Prosecutions to ensure this matter is taken forward. Moreover, the contents of this judgment need to be drawn to the attention of the authorities with responsibility for the professional conduct of advocates both in the Cayman Islands and in England and Wales.”

CNS recently contacted the Cayman Islands Legal Practitioners Association, but it has said that Myers is not a member of CILPA. The association further noted that it had “no statutory authority to investigate, regulate or sanction individual attorneys” and that members adhered to a voluntary code of conduct.

It is understood that the Legal Services Act, which was passed in 2020, has not yet been implemented. Therefore, the Legal Council, which will be the new professional body to hold lawyers accountable, has not been established.

However, the director of the Office of Public Prosecutions, Simon Davis, has confirmed to CNS that the allegations against Myers have been referred to the police.

“In accordance with the direction of the President of the Cayman Islands Court of Appeal, to be found at paragraph 14 of the judgment in respect of the appeal against conviction of Aisha English, I have referred all relevant material relating to Keith Myers to the RCIPS for an investigation to take place,” Davis told us on Wednesday via email.

CNS also contacted the RCIPS, but a spokesperson said that they were “unable to comment on this matter at this time”.

Myers was recently removed from the UCCI board by the government, but he is continuing to practice and is currently representing several charged clients in a number of high-profile cases funded by legal aid.

The full Court of Appeal judgment relating to the allegations against Myers is now available on the judicial website through its search function.

It is also in the CNS Library.