Drs Express wins another battle in fight for justice
(CNS): The Office of the Director of Public Prosecutions has been ordered to hand over documents that supposedly support its decision not to prosecute any of the public officials involved in an unlawful raid at Doctors Express almost five years ago. In a long-running legal battle, the health facility continues to seek justice over the ‘drug bust’, in which customs officers conducted a raid of the clinic and seized the legal medical cannabis oil it was prescribing to patients.
Since winning a judicial review in February 2021, the private clinic has been pursuing financial damages and the prosecution of those involved, which is still going through the legal process.
In February 2021, Justice Robin McMillan identified a catalogue of wrongdoing by various public officials and found they had colluded to prevent the medical facility from dispensing legal cannabis to their patients. Shortly after the ruling was delivered, Doctors Express contacted the ODPP about prosecuting a number of individuals found to have acted maliciously, according to the judge’s ruling.
The DPP told the clinic it would not be prosecuting anyone as the office had taken advice and there was not enough evidence to charge those involved. However, given the amount of evidence that was presented during the original case, the medical centre’s legal team applied for a judicial review of that decision, which is now going through the courts.
As part of this latest case, the lawyers for Doctors Express have requested the documents and details relating to the advice not to prosecute the key officials that the ODPP claims it received. These individuals include then Chief Medical Officer Dr John Lee, Customs Director Charles Clifford and the officer who secured the search warrant, who were all found by the court to have acted inappropriately, unlawfully and knowingly so throughout the entire process, from the collusion over the raid in the first place and then during a cover-up once the case went to court.
The ODPP has refused to hand over the document outlining the advice not to prosecute, even though it was the fundamental basis for the decision not to bring anyone before the courts for what happened to the clinic.
Following a hearing last month, Justice Jalil Asif ruled on Friday that the ODPP must hand over the relevant document as it is fundamental to the judicial review that the clinic has filed and has been given leave to pursue. In his ruling, the judge said the advice and the instructions are undoubtedly relevant because they provide the background and context for the decision that was made by the prosecutors.
“The instructions to counsel will assist with the determination of the Applicants’ complaint that the decision-maker failed to consider relevant documents and information,” the judge wrote, referring to arguments by Doctors Express that the ODPP could not have taken everything into account when it made the decision that no one should be charged.
“The advice and the instructions are the only contemporaneous materials apparently available that are likely to cast any light on the decision-making that occurred. It appears, on the material before me at present, that it will be difficult, if not impossible, to determine the judicial review claim without reference to and consideration of both the advice of, and instructions to, leading counsel,” Justice Asif added.
See the full ruling in the CNS Library.
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Category: Courts
10:52 — Surely you don’t assume or infer that local men and women could be executive office staff or even the security staff at the Government Building, Schools, WORC, Airport, HSA etc
Then tho, they would have to cancel the conflicted mefa contracts and pay locals a Liveable wage, with insurance, instead of the Slave wages that these people receive now.
good! grand court is a court of equality and justice!
finally someone with the time and money to demand accountability for government incompetence. it’s a pity they will use our money to defend themselves.
All the way to the Privy Council. Doctors Express 2-3 years away from a final result on this. Let’s hope they don’t run out of money in the meantime.
I’m a Caymanian with a degree and I’m also medically prescribed cannabis.
I used to take pills for my depression and insomnia, but they gave me horrible side effects. Cannabis vapes have changed my life for the better, with zero side effects.
I really wish these old farts who tried a spliff one time in the 1970s and got paranoid off of reefer madness propaganda would just lay this pointless war on a plant initiated by political racism to rest.
Absolutely ZERO reason why we can allow alcohol – a literal poison – but not a medically prescribed plant to be produced locally.
“but but NATO treaty” – yea uncle sam can allow it fully legal but we can’t? BS
Dr Super Dry was so smooth. But it wasn’t really that hard sitting next to Alden and Jon-Jon.
Go get em Doctor’s Express!! Let’s expose these corrupt officials!!
The ACC and ODPP is only interested if the fruit are hanging low, and its corruption outside out their “club”.
Any comment from “Dr” Lee?
Gone with the wind….
If this was a one off it would not be so bad wait till the next one is filed $$$$ this place is truly lost CBC illegal seizures Police stealing safe keeping items the suits piling up ODPP doing what it does best Covering up $#@% on instruction from the AG who takes instruction from Govt who only pays when they get cornered! Govt’s favorite tactic 2 card bluff card 1 hold out till they get legal counsel card 2 cover up till you get exposed in court then pay off and sign NDA .what a mess ?
A royal gong is very often evidence of incompetence and/or an indictment of integrity. It is an “award” for those participating in a “system”.
Well done Mr. Banks/DE/your legal representation. A small breath of fresh air for all of us.
Good job Doctors Express! Why would the ODPP want to keep the advice hidden from the legal team of DE?
Will Dr. Lee be handing back that Royal Gong at some point?
https://www.theguardian.com/uk/1999/jan/06/claredyer.sarahhall
That too
Cayman sure knows how to find them.
Sunny place for shady people. Always was, always will be.
Amazing, that’s who we hire
Only in Cayman. Nowhere else in the world justice is hidden like this (with the exception of the 3rd corrupted countries).
Sam Banks deserves a medal. He stood up to the bullies, where hundreds of other victims have been unable or unwilling to. The rule of law, real law, not made up power, needs to return to our governance. Right is might, and may it squash any of those that forgot the public’s rights and interests must prevail. Especially if they are in uniform.
Sadly this island has become rotten to the core. Corruption and collusion have become so common no even notices anymore. It is just expected. Very unlike the Cayman of long ao.
Not so long ago. Pre 2003. What a coincidence!
https://www.caymancompass.com/2012/12/12/why-mr-bush-resigned-in-97/
It started well before 2003.
And there was no prosecution? Who can we judicially review for that decision?
No charges, no explanation and an MBE for Lee. Government protecting its own again. There must be something pretty bad in there if the DPP’s fighting so hard for 3 years to keep his decision from the public.
Don’t allow them to defer all of this blame on Lee. Yes, he he may well have culpability, but it is clear that he also shares it with various other civil servants, including in Customs & Border Control, and perhaps the office of the DPP (and others).
Indeed, 9:02, Caymanian civil servants…like Charles Clifford, for example and several others. But we don’t mention that, just Lee cos he’s from foreign.
There appears to be some small prospect of accountability. Finally. In one small dark corner. There are a thousand others, but this is a good place to start.
Only because the judiciary are still independent and someone had the financial resources and determination to seek justice. Mind you, pushing fr the evidence on the prosecution decision is probably more about the damages action ad the culpability of those involved than the actual failure to prosecute, but quite why CIG hasn’t just quietly settled this is beyond me. This is a stinking barrel of fish that runs the risk of going far beyond the original actors.
Given the independence and all, we can expect action to be taken in relation to the Cabinet status grants then?
Gross Maladministration did not begin with Doctor’s Express.
The DPP loves its power. They are so powerful they even got a boss kicked out on a “claim” of racism…only in the 3rd World can you be kicked out just for asking people to do their damn jobs.
Thank you Doctor’s Express!!!!!
YESSSSSS! Bring down the sleazy ODPP entire office and leadership! This is long long over due, They do not hold the office with high regard or respect and conduct themselves like backyardigans (made that word up :-)) ) Cayman needs to taker back its judicial and Administration arms, they are fast becoming unrecognizable.
LTD Da Unboozler
Third world is as third world does.
An island in the Caribbean has been forced to become a Caribbean island, not by geography, but by the importation of overwhelming numbers of persons and cultures from the region and allowing them to dominate. Caymanians should be outraged.
Well Caymanians invited them in. The problem with mass immigration is the same all over the affluent world. Not enough of the local population will work for or below minimum wage. I can’t think why.
Not Caymanians. Do wake up, and dig a little deeper.
The importation of third world labour started with locally owned businesses, primarily construction, supermarkets and duty free stores, which continues to this day. And, of course, maids and gardeners from Jamaica have been brought in since the 60s.
But CIG is, historically, the biggest importer of all. Entire arms of the government are dominated by Jamaicans.
I will grant you that, over the last 20 years or so, many industry sectors have become foreign dominated and have continued the practice.
Too funny! Caymanians thinking they are a race unto themselves now and forevermore. Caymanians started out as something else and now it just means “I was here before you”. Funny that “you all” look down on your Jamaican neighbors when it sure looks like most of your “ethnic” blood seems to be from there. Just saying. Blaming “others” seems to be a cultural thing here. To do it well you first need more than a third world home grown education. Some one else’s fault obviously.