Cayman Islands Grand Court Justice Alexander Henderson said last week that he is ‘considering his legal options’ following a ruling by a visiting judge, which stated police officers improperly and illegally searched his home and office in September.
Mr. Henderson |
Mr. Henderson was arrested on suspicion of misconduct in a public office on 24 September by officers with a special police team from the United Kingdom. The judge was accused of having improperly used his influence in asking a local newspaper employee to look into letters that were written to the publication that might be found in contempt of court.
He has not been charged with any crime.
In his application for judicial review of the search warrants signed by a Cayman Islands Justice of the Peace, Mr. Henderson’s attorneys asked for damages, including aggravated damages for ‘trespass to land and goods, and/or damages for unlawful interference with goods.’
Acting Justice Sir Peter Cresswell ordered an inquiry into damages as part of his decision to quash the search warrants.
Cayman Islands law does not allow police officers to be held personally liable for actions taken during the delivery or execution of a warrant. However, the officers, who originally came to Cayman from the UK Metropolitan Police Service, are legally considered special constables of the RCIPS. This could leave the police service and local government open to liability if the courts agree officers acted improperly and illegally.
Attorneys for the UK Met officers have said they plan to appeal Sir Peter’s ruling.
‘I think (the ruling) speaks for itself,’ Mr. Henderson said. ‘We are considering other options, but it’s not really open to a court to tell someone to stop investigating.’
Still at issue is the arrest warrant that was signed for Justice Henderson which, according to his lawyers, contains references to legal violations that do not exist in the Cayman Islands.
That document makes references to ‘journalistic material’ potentially being obtained by the Cayman Net News reporter Mr. Henderson asked to look into the source of the alleged contemptuous letters, which were published in the newspaper in 2007.
It also references the ‘right to a personal life’ by Net News publisher Desmond Seales being breached.
According to court submissions by Justice Henderson’s lead attorney Mr. Ramon Alberga, the ‘right to a personal life’ as defined under the European Convention on Human Rights does not currently exist in Cayman Islands local law. Also, the phrase ‘journalistic material’ is unknown in Cayman Islands law, according to the submissions.
Justice Cresswell’s ruling essentially agreed with Mr. Alberga’s submissions.
Mr. Henderson said he believes the judge’s ruling clears him of wrong-doing in connection with the UK Met team’s investigation, although Sir Peter’s judgment does not expressly state that and is only a ruling on the propriety of the search warrants.
‘What his lordship is saying, on the evidence presented to him, Justice Henderson hasn’t done anything wrong,’ Mr. Henderson said. ‘It’s just not as evident (in the ruling).’
Senior Investigating Officer Martin Bridger had not responded to Caymanian Compass requests for interviews about Justice Cresswell’s ruling.
Mr. Henderson is not sitting in the Grand Court, although he said he does have a judgment to write. He has not been suspended, but his status with the court had not been clarified at press time.
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