Failure to prosecute officials in clinic raid to be reviewed
(CNS): Director of Public Prosecutions Simon Davis has indicated he will review the decision not to prosecute any of the government officials involved in the unlawful raid of the Doctors Express medical facility in 2019. Lawyers representing the clinic filed for a judicial review relating to that decision and the failure of the authorities to hold any of those involved to account following the findings by Justice Robin McMillan in 2021 in the original case that the raid and seizure of legal medical cannabis were not just illegal but the result of collusion between various senior officials.
The controversial case has continued to drag on even after the courts paved the way for a damages claim to be made by Doctors Express. The medical centre is also seeking justice after the court clearly identified wrongdoing on the part of the authorities who deliberately targeted the clinic in an attempt to stop it from treating its patients with medical cannabis.
The court recently ruled that public prosecutors must hand over to Doctors Express all relevant documents relating to how the DPP concluded that no one would be charged. Justice McMillian clearly identified deliberate wrongdoing, not just mistakes, by the director of customs and the chief medical officer at the time, who were the most senior officials involved, that led to the unlawful raid. However, no one has been prosecuted.
During a hearing on Friday, lawyers representing the clinic told the court they did not believe that they had received all of the disclosure as ordered by the court. The legal representatives asked for the court’s intervention to make the Office of the DPP hand over not just the advice it received about the potential prosecution but also the details and facts that were given to the external leading counsel hired to make the charging decision.
However, the DPP has argued that all of the relevant documents have been handed over and that many of the discussions with the office and leading counsel asked to make a determination were by phone. As a result the DPP has agreed to swear an affidavit to make clear what information the lawyer was given at the time — a position that the court has accepted.
However, Doctors Express’s main goal with the current judicial review application is to pursue its claim that the authorities were wrong not to prosecute anyone involved in the case. The ODPP has now stated that the decision will be reviewed again, though it has argued that the decision hangs largely on the likelihood of a conviction, even though the courts have already found wrongdoing.
Sam Banks, one of the Owners of Doctors Express, has said this latest step in the five-year case is about justice. In a recent press release, he said that no one is above the law. “Decisions of public officials must be exposed to the sunlight of public scrutiny,” he said. The aim is to get to “the real reasoning behind their decision not to bring charges against those who unlawfully misused the powers of their public offices to target Doctors Express”.
Accusing the government of wasting public cash over the last five years “attempting to defend the indefensible and illegal actions of their agents”, Banks said that he and his business partners intend to continue their fight for justice so no one else will be victimised by their own government.
As the legal fight to hold those responsible to account rolls on, the clinic has been awarded costs on an indemnity basis. This type of order is reserved for exceptional cases where the court wants to mark disapproval of the manner in which the losing party behaved and where the damages can be very high. Given the continuing legal arguments regarding the accountability of those involved, the final amount of damages has yet to be settled.
- Fascinated
- Happy
- Sad
- Angry
- Bored
- Afraid
There must be no protection for the unlawful behavior and decisions from senior officials that failed to objectively carry out their duties.
The public pays for their arrogance expensive mistakes.
Hold them all accountable they put us in this mess.
It will never ever happen.
Just look at the MLA’s, Govt boards, Civil service and the list goes on, just look around you and where Cayman is at, from where we were.
And everyone scratches their heads wondering what can be done about it.
Sweet F all.
Aren’t these the same two that were Honoured at the Queens Birthday celebration the next year?
In her time here, the OAG has not been able to ascribe a positive opinion on the accounts of the entire civil service (and no OAG since). Ken Jefferson, together with many past and current Cabinet members have conspired to hide $2 billion in maturing liabilities from the Balance Sheet…nobody on notice, nobody fired, or arrested. Not even an investigation. This is by design.
“dr” Lee, who definitely wasn’t at fault in a dreadful situation years before in the uk before he came here (google it) and his super best and lovely pal the good old guvnor Marty Party XXXX should both be welcomed back and invited to share their stories under oath…
Don’t forget the Chuckster…
Mylk toast Marty too easily led by the nose and never bothered to check the deceptive ways of every governors best friend.
This situation necessitates an independent evaluation of the investigation’s competence, along with a subsequent review by the Office of the Director of Public Prosecutions (ODPP). It is absurd for the head of the ODPP to investigate the shortcomings of his own department. This flawed investigation reeks of the incompetence of the Anti-Corruption Commission (ACC), which is already facing scrutiny for its mishandling of several high-profile cases, including the Canover Watson debacle. It’s apparent the ACC is more about burying allegations of corruption rather than detecting corruption.
The new DPP is an utter joke and embarrassment. Won’t step in the courtroom, makes terrible decisions and then sends his staff to face the Judges like lambs to slaughter. No wonder staff turnover is so high. Not one Caymanian employed. Just when you thought it couldn’t get any worse…..all the money he spends on travel and personal gains. Look at his linked in profile. He is not for the people. He is not for justice and he is not the person for this job.
Is it true they went in with guns? Anyone know? Were they actually armed?
Yes.
Can we please reopen the question of the failure to investigate, let alone prosecute, anyone in relation to the 2003 Cabinet status grants?
And First Cayman Bank, Stan Thomas fax, etc. ?
The First Cayman Bank executive disappearances…
The 2003 Status Grants were sadly within the legal remit of then leader of Govt business. Subsequent Caninets have granted Status’s as well. The catalogues of names of recipients are Gazetted. Unlike the longer application and merit based process, the grants by Cabinet cannot be revoked. It’s been 21 years. Probably time to let this go.
Bullshit. A grant based on choice of real estate agent would then (as now) almost certainly be a crime and almost certainly void. A grant based on a direct payment would be a crime, and void. Any grant by cabinet can be revoked on conviction by cabinet under s.34 of the Immigration Act.
Our local banks and law firms that cashed and dealt in cheques made out in the personal name of the then leader of government business, should have some explaining to do. I know some of these lawyers are still practicing.
And yet no investigation? Or is that why there has been no investigation?
Why do we bother with an ACC or any pretense of good governance?
The mass status grants were wrong from inception and the individual who instigated the debacle could not have succeeded with it without agreement from the other cabinet members including the official members. Shame, shame, our society is so much the worse for it.
I wonder if Simon Davis knows the “government officials” he is going after? I am willing to bet this goes absolutely no where. Just more smoke and mirrors.
one of many reason this country is in financial peril, lawyers getting open tabs. imagine how many hours these ‘lawyers’ have billed over the last 5 years to this case alone defending corruption, using OUR money. once the courts found these people actions were illegal, they should be footing the bill to defend themselves not us.
It does smell like some of the agencies of government may have been “in cahoots” with one another.
Perhaps Mr. Legge had some insight as to what he was talking about?
Still. National newspaper effectively destroyed. So much for free speech and the consistent rule of law.
Cayman’s grave appears to have been dug a little deeper with more corners that the sun now cannot reach. Deeper than investigative journalists can reasonably dare probe. Not if they want to keep their finding and make it past their editorial board. All under full supervision of robust professionals responsible for ensuring we have the highest standards of governance.
Perhaps this sorry episode can toss a little fill in, and light some dark corners- and our path to redemption can start.
The first step will be openness, transparency and meaningful accountability.
We deserve it. We should demand it.
David Legge( and his wife by extension) lost much credibility and reputation when he fled from the island because he was ‘in fear for his life’. 🙄
He ran and told his story to whomever would listen and believe him that indeed we’re a violent population/government who will kill to protect/cover-up wrongdoings — (think drug cartels or enemy of state types of speech, over the top tropes Legge tried to paint the Cayman Islands to be).
Check the excellent article by Nicky Watson here:
– The Man Who Ran –
https://caymannewsservice.com/2015/06/the-man-who-ran/
To quote a section;
“In a world where incredibly brave reporters in many countries display remarkable courage in the face of terrible dangers, Legge runs away from the Cayman Islands. Yes, the Cayman Islands. The absurdity is mind-blowing. Shameful”.
Mind-blowing indeed. David Legge has no leg to stand on, he lost that when he put the Cayman Islands in a very bad spotlight internationally, there was never any danger to his self nor anyone close to him.
i hear there is a case against govt ongoing since 2011? CNS…maybe u can check?
So many cases. Ultimately they go before our very own “Clarence Thomas” on appeal.
It’s important for government to be knocked down for its overreach in doing the raid. Otherwise, it will happen again. So, hold the person(s) who made the decision to do it responsible. Fire them, or fine them, or whatever.
Imprisonment may be the right option. It should not be off the table.
Does this have a look and feel of the developing issue at Spot Beach?
What issue is developing at Spot beach..?
Same as overreach in raid on people’s land and homes!
They already got given their ride off in to the sunset retirement packages.
They will be moved to another Govt department after being paid to sit on their arse for a few years whilst the investigation is carried out and nothing comes of it.
Happens every single time.
I hope justice prevails, and all Government officials involved should be prosecuted to the full extent of the law, even if it means Job loss and/or Jail time. The ODPP should be a department the public can trust. However, it has become the very thing that David Legg said the whole Cayman Islands was, “entrenched in corruption.” Many others and I, have lost trust in our own Government to protect the people of these Islands.
ha ha ha…who you gonna call…ghostbusters…I was told a govt case against the government is still being dragged on since 2011…i think ir 133? justice delayed is justice denied….i think privy council stated that some time ago! ha ha ha…
Previously posted elsewhere, but important:
Misconduct in public office (“MiPO”) is a common law offence that can be tried only on indictment. It carries a maximum sentence of life imprisonment. The offence concerns serious wilful abuse or neglect of the power or responsibilities of the public office held. There must be a direct link between the misconduct and an abuse of those powers or responsibilities. The Court of Appeal has made it clear that the offence should be strictly confined, and it can raise complex and sometimes sensitive issues.
This guidance sets out the key legal elements of the offence and the factors that prosecutors should consider when applying the Code for Crown Prosecutors in cases where MiPO is alleged. Where a case concerns a police officer, prosecutors should also consider the statutory offence of police corruption contrary to section 26 Criminal Justice and Courts Act 2015.
Evidential Considerations
The elements of the offence were summarised in Attorney General’s Reference No 3 of 2003 [2004] EWCA Crim 868. The offence is committed when:
A public officer acting as such
1.wilfully neglects to perform their duty and/or
3.wilfully misconducts themselves to such a degree as to amount to an abuse of the public’s trust in the office holder
4. without reasonable excuse or justification
Does this include fleecing statutory authorities when you are placed in a conflicted position to determine your own compensation?
So much abuse of public office takes place in these woods, it is only a matter of time before the more egregious elements start creeping in.
Just like the broken window analogy of New York, once we become accustomed to and accepting of the lower level offenses, those committing those offenses will feel emboldened to up the ante as they think they will get away with that too.
In answer to your question, it would seem, yes.
Perhaps ask the Attorney General. He will know more and may be able to explain the lack of enforcement.
Think? They know they can get away with it.
Fair, but there would be only 2 or 3 MPs left in the LA, and nobody else running for office.