Judge reverses stay in earlier Bush assault case
(CNS): The legal woes of McKeeva Bush MP may not be over. An acting Grand Court judge who presided over and stopped a trial in which he was facing indecent assault charges earlier this year has reversed part of his decision. In a ruling delivered to the court on Wednesday, Justice Stanley John said he was wrong to stay the entire case as the concern related to charges against only one of two alleged victims. But the ruling also reveals that the system was being misused and the cabinet secretary was pressured to give evidence against Bush.
Bush had been discharged by the court in February in relation to this case after Justice John stayed the trial following a successful application by the defence accusing the crown of an abuse of process. The ruling was delivered in April but had been the subject of a gag order because of the additional historic rape charges that the veteran politician was also facing.
After Bush was acquitted in that case on Monday, the gag order was lifted and Justice Marlene Carter read the ruling in open court. In it, Justice Jones spells out the reasons why he had stayed the proceedings and why he went on to partially reverse the stay.
Bush had been accused of indecently and commonly assaulting two female civil servants at a cocktail party at the Ritz hotel in September 2022, but the judge found that the “prosecutorial system was being misused by person/s with their own agenda” in relation to one of the two women.
“The manner in which the prosecution was conducted in relation to [one of the victims] caused the Court a great deal of disquiet, and the Court invoked its inherent jurisdiction to stay the proceedings to prevent any abuse of process,” he said. However, since only one victim was subject to this abuse of process, “the Court was wrong to stay the entire case,” he said as he rescinded the Order of Stay two of the counts.
As a result, if it chose to, the crown could re-try Bush in relation to one of the women who said she was assaulted by him.
The stay in relation to the second victim was imposed largely because she had not wanted to pursue the case. She described Bush’s behaviour towards her as “creepy and weird” but said she did not believe that what he did was actually a crime. She told the police that if she had thought it was, she would have reported the matter.
“I did not think it rose to the level of a crime. I did tell him that I did not think Mr Bush intended to do me harm,” the woman had told the detective on the case and had told a senior officer that she had no intention of making a formal report to the police.
But she was cajoled into making a video interview and believed she was “being ambushed by people who have an agenda” as she had never given any consent to anyone for anything. She said that as far as she was concerned, there was no indecent assault in relation to a hickey that Bush had caused when he sucked the woman’s hand while drunk.
However, when instructions came from the director of public prosecutions (DPP) to charge Bush, the lead detective in the case contacted the woman and told her that she was part of the charges. Surprised that charges were made involving her, she sent an email to the detective stating, “I have given the matter a great deal of thought… I am not interested in pursuing this matter.”
The woman was nevertheless told she must give evidence. But in court, there was a battle over the fact that the crown had failed to disclose how she was effectively cajoled against her will to testify. Bush’s defence attorney, Sallie Bennett-Jenkins KC, made the submission to stay the case on the grounds that for many months the office of the DPP had effectively deliberately hidden from the defence that one of the alleged victims was not interested in supporting the case against Bush.
The woman was not the only person to be pressured to testify against the former premier. Cabinet Secretary Sam Rose was not at the event but had received a written outline of the events from the woman, who had gone on to say she did not wish to support a prosecution. The document outlining what happened had been submitted to Rose because the incident happened during a work event, and the civil servant in question had been asked by her immediate boss to put the details in writing for internal purposes.
Rose revealed to the police that he had concerns about the investigation as he was being pressured into giving a statement on the matter, but he had decided not to do so.
“I have been concerned about confidentiality in this matter. I have been approached by three separate individuals who are not RCIPS officers about providing a statement on this matter, which only confirms my apprehensions/concerns,” Rose told the lead detective in an email which was disclosed at the eleventh hour. “As you are aware, I was not at the Ritz Carlton on the evening in question. I fail to see how the strength of this case rests on anything I say when I was not present.”
In light of that correspondence, Justice John said he had formed the view that the prosecutorial system was being misused by people with their own agenda.
“It is imperative that public confidence in the administration of justice must always be maintained, and the Court must never be seen to be abdicating that duty,” he wrote in his ruling. “The manner in which the Prosecution was conducted in relation to [one of the women] caused me a great deal of disquiet…” As a result, he had invoked the inherent jurisdiction a judge has “to prevent any abuse of process”.
But he accepted that he had fallen into error by granting a general stay since no submissions were made to the court relating to the other woman in the case, who had chosen to pursue the allegation. “The error is regretted, and the Court is satisfied that Counts One and Three ought not to have been stayed and should be tried if the Prosecution chooses to proceed. I, therefore, rescind the Order of Stay in respect of those Counts,” the judge added.
The ODPP has not indicated whether or not it intends to pursue these remaining charges, which would require a retrial and for the witness to be prepared to take the witness stand for a second time.
- Fascinated
- Happy
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- Bored
- Afraid
No surprise at all to anyone with a passing acquaintance with criminal law. Where did we get this judge from???
Trinidad
And what of the Cuban lass who once upon a recent time was dragged to the floor in a cigar bar and paid 10k to get over it though unfortunately for her it was intercepted and appropriated by party E. cant.make.this.stuff.UP!
As a status holder having moved to Cayman from the UK some 30 years ago. I have generally kept my opinions to myself especially when it comes to Local politics.
I would consider myself very neutral and have no love affiliation for Bush at all.
With this further twist in the Tail. To me it is becoming more blatantly obvious that there seems to be a vendetta against Bush. A judicial review into how the DPP office is approaching Bush should be on the table. (The Jury found him not guilty in less than 2 hours?) why was he prosecuted at all? Then now the timing of the judge reversing his previous decision screams massive corruption in the Cayman judicial system?
When you say you moved here 30 years ago from the UK, you meant to say 20 years ago from Jamrock, right? His status grant faux-Caymanians are generally the only ones who feel that way for some reason. 🙄
The problem is that you all never forgive Mr. Brush for the status grants and I’m afraid you all will persecute him, until death.
The “status grants” were quite simply the Destruction of Cayman.
He cannot be forgiven for that.
Remind me – which senior civil servant’s father’s church received a substantial hand out from one of the vote buying, (sorry can’t remember the official euphemistic name), slush funds administered by you know who, and wasn’t that civil servant also promoted to great heights under that same man’s leadership???
I’ll tell you what I know. I know that that certain pastor and his congregation decided to build a Church and then they were approached by the govt to upgrade the Church so that it could provide additional shelter space during hurricanes because Bodden Town is severely lacking and the people who were in the official shelter were in serious danger during Ivan. I also know that that certain civil servant earned his promotion into that certain post and has done an excellent job in that certain post since being appointed. I also know that certain people like to draw certain dots and then they like to connect those certain dots with a certain line that they drew themselves with a certain pen and then try to convince certain other people that they know what they’re talking about when they certainly don’t. This statement has certainly been certified by certain other people that certainly have certain information on certain people’s certain motives.
OK, so why STILL, do we not have our hurricane sheltere? Meanwhile, Cubans occupy the Civic Centre, which barely made it through Ivan. Government priorities totally screwed up and where has all the money gone?
do you guys know that any transfer of property in divorce now requires 7.5% stamp duty….even if ordered by the courts?! i will stay happily divorced thank you!
Yes this was silently pushed through earlier this year, along with the doubling of various fees for filing documents with the Registrar of Companies – easy money to pay for that School in the Brac!
politics…ZZZZZZZZZ..politicians will never take heat in cayman! ZZZZZZZ
Both victims (and any others from the legions that wish to come forward) have the right to justice, however belated.
This is more of the same nonsence against Honorable Bush. Starting immediately all elected officials must get immunity for anything while they are in office. The courts only should prosecute real crimes but any of our elected officials and senior civil servants must be protected so they can do their jobs without fear of these sham trials. Anyone trying to persecute Honorable Bush should be arrested and deported, he has done nothing wrong.
You forgot to say that he should immediately be made a National Hero and that a gold statue should be placed in front of Parliament for all to worship (mandatory worship of course) and that Parliament should be renamed in his honour. But perhaps you are leaving that to one of his political disciples to do that.
That already in his mind LOL Statues are being pulled down all over the world, a gold one will fill somebody’s pockets!
@anonymous 7:57 p.m. Did you for any moment respectfully stop to think before typing your comment? If you or someone close to you complain of being wronged who do you believe will look out for your best interest? The answer seems to be here by your words but do you think MPs including the name you mentioned would come to your aid? What you should say is that any high ranking Government Official especially MPs and House Speaker of any Administration once charged should step AWAY from office until cleared of any charges. In most countries including Europe/The UK/England, Canada, the U.S. and others members of Government usually with some dignity still intact will either voluntarily step down/aside or encouraged/forced to do so understand certain allegations and/or charges. The Cayman Islands must be no different. The Constitution need amending. Civil/Public Servants are made to step aside/placed on leave pending allegations and/or charges before court. MPs are Public Servants. They should and must not be exempt.
The issue is in making up numbers when it is time to ‘vote’ for whatever is tabled before Parliament.
If you think of your words regrettably you do not suppose in a Democratic government system.
Why not, former President Trump has immunity yet he is a convicted rapist.
‘Starting immediately all elected officials must get immunity for anything while they are in office.’ LMAO Appears they have had that for years!
I like it. The civil service circling the wagons again because they are terrified of the repercussions of holding the man accountable.
It was a big enough deal to send a formal email but as soon as they get the knock at the door with the “have you got a minute?” and told “this may reflect poorly on the establishment (aka YOU)” they are pressured into silence.
Funny old world.
Crown Counsel Salako fails to disclose once again. She is the gift that keeps on giving. How did she get promoted?
Too late now. Given the press, it’s now a human rights issue. How will Bush get a fair hearing.
Half of the jury pool can’t read.
DPP stand strong and continue to support victims of violence of any kind.
Do not be deterred by the Mac attack.
So if you say you are a victim you have to be believed in the absence of any supporting evidence? Accusations alone are enough? Oh, and even if you don’t think you are a victim there should also be a prosecution? Got it.
Kudos to the JLSC for appointing this pre-eminent jurist to the bench.
For a long time I kept saying that Mac is just crying wolf and there is no conspiracy to take him out… now I’m not so sure!
Agree. The combination of Sam Roses reference to gentlemen “not connected to RCIPS” trying to get him to submit evidence – second hand at that- and the prosecution of a rape case where the Crown hadn’t even fact checked the type of vehicle alleged to have been owned by Bush at the time, let alone seriously considered the realistic prospect of a conviction on a 20 year old case where the victim couldn’t remember most of the details that would have allowed corroboration, scream absolute incompetence – whether a conspiracy or otherwise. Let’s have an independent investigation – assuming one can be set up where the investigation is demonstrably free from Crown interference ( Euro Bank anyone?).
Yes the clear and present conspiracy of scandals and trials that has marred his career
-The conspirators forced him to use government credit cards to provide funds for his gambling, which he then paid back which was the only thing that saved him
-The conspirators forced him to fly to Miami, get drunk and have a ‘cultural misunderstanding’ with a waitress because he couldn’t keep his hands to himself
– The conspirators forced him to get drunk out of his mind, fall down and then attack the person trying to get him to leave and go home – as he was convicted of doing
-The conspirators forced him to go to a government event and get drunk and start acting the fool as he is alleged to have done
Did they get that waitress assaulted in the Florida casino in on the conspiracy too? And that bar manager he beat up – presumably the video was a deep fake? And obviously the Stan Thomas fax on ministry headed paper?
People get the politicians they deserve.