Ex-DCO sues cops, DPP for malicious prosecution

(CNS): Dalton Errald Watler-Lyons (Dalton Watler), a former deputy chief officer in the tourism ministry, has filed suit against the police commissioner, the director of public prosecutions and the attorney general, as well as a named RCIPS officer and a prosecutor, claiming he was unlawfully investigated, arrested, charged and then prosecuted over allegations that US$30,000 which police found at his George Town home was the proceeds of crime.

Prosecutors were unable to identify any crime and the case was thrown out of court halfway through the trial when a judge found there was insufficient evidence to put the case to a jury.

During the trial in 2022, Watler (63) argued that the money had been amassed over four years from his personal savings account, and then used to purchase US currency from Cayman National Bank. During the trial the crown was not able to challenge his claims that he had earned the money. Watler had told the police he kept the money at his home because he did not trust the bank.

“In this case, the prosecution is not using lifestyle or lack of means to ground the charge; it is not suggested that the defendant could not have saved the money for the period that he states.” Justice Marva McDonald-Bishop said at the time, noting that there was no criminal link to the money, a fundamental part of a proceeds of crime charge.

There was also no explanation offered during the brief trial as to why the search warrant was obtained.

In his lawsuit, Watler says the defendants acted unlawfully when they “maliciously procured” that search warrant. During the search, he had revealed the cash to the police, but was then unlawfully arrested and later charged and maliciously prosecuted, he claims.

He says he has “suffered severe mental anguish”, for which he is still receiving medical treatment, and that his “reputation and that his sense of well-being in a small islands community has been affected”.

Watler says he has suffered loss and damage as a result of the unlawful actions by the authorities and is now seeking undisclosed damages for injury to his reputation and character, the “indignity, disgrace and humiliation”, and the deprivation of his liberty.

Watler, who is known as a leading figure in local sports and is a former chairperson of the Cayman Islands Athletics Association, said his standing and fame in the community have also been damaged.