Leader of Government Business Kurt Tibbetts said Thursday that he had advised Governor Stuart Jack in the strongest terms to end the on-going misconduct investigation involving the islands’ police service and judiciary.
‘We have to shut this down and take whatever steps necessary to bring closure to this disgraceful and terribly damaging episode in the history of these islands,’ Mr. Tibbetts said. ‘We have called upon the Governor to bring these investigations to a close and to dispatch Mr. Bridger and his team from these islands ASAP.’
Senior Investigating Officer Martin Bridger and his team from the UK Metropolitan Police service have been in Cayman since last year looking into allegations that three top police commanders committed misconduct in a public office related to their involvement in a September 2007 search of a local newspaper publisher’s office.
Police Commissioner Stuart Kernohan, Deputy Commissioner Rudolph Dixon and Chief Superintendent John Jones have not been charged with any crimes in connection with that search.
Grand Court Justice Alexander Henderson was pulled into the investigation about a year after it began when he was arrested by officers from the UK Met team on an unrelated matter.
Mr. Henderson’s office and home were searched as part of the probe on 24 September, but a visiting justice later ruled that search to have been done improperly and illegally.
‘There seems to have been, given the judgment, almost total disregard for the rule of law and the constitution,’ Mr. Tibbetts said.
In addition to Justice Sir Peter Cresswell’s decision to quash the search warrants, Mr. Henderson was informed on Wednesday that his police bail had been cancelled, meaning essentially that he is no longer under arrest.
‘It means I’m not any longer obliged to report to the police station,’ Mr. Henderson said. ‘It’s the first positive response I’ve received since I was arrested.’
In his demand to have Governor Stuart Jack shut down the UK Met team’s probe, Mr. Tibbetts cited ‘a lack of respect for our court system and our judiciary’ and said the investigators had ‘circumvented’ the islands’ attorney general.
‘After nine months of investigation, [Mr. Bridger] has yet to produce concrete evidence to justify various actions taken, including the suspension of the top leadership of the RCIPS force,’ Mr. Tibbetts said Thursday. ‘His Excellency the Governor quite understands our position.’
Mr. Tibbetts said government ministers also informed UK Undersecretary of State Gillian Merron about their concerns during a trip to London last week for constitutional reform talks.
Neither Mr. Bridger, nor the Governor’s office had responded to Caymanian Compass requests for comment by press time.
Bail lifted
The decision by Acting Police Commissioner David George to cancel Justice Henderson’s bail followed hard on the heels of Justice Cresswell’s ruling that stated warrants against Mr. Henderson had been obtained improperly and illegally.
Justice Sir Peter Cresswell set a deadline of close of business today for the court to return copies of documents seized in those searches to be returned to Mr. Henderson. The deadline could be extended, but only if attorneys for investigating officers apply for an extension to the Court of Appeal.
At press time, that application had not been made.
While he said he was cheered by the news Wednesday from his attorneys, Mr. Henderson said he was still uneasy about the on-going investigation.
‘It’s a different thing than being told I’m not under investigation anymore,’ he said. ‘What I really want to be told is that I’m not under investigation anymore. I never did consider that I should’ve been under arrest.’
Royal Cayman Islands Police officials declined to comment about Justice Henderson’s bail being cancelled.
Mr. Bridger could not immediately be reached for comment about the matter. He has not responded to any questions from the Caymanian Compass regarding the earlier decision on the search warrants his officers obtained.
During Justice Henderson’s application for judicial review of the search warrants, it came out in court that Mr. George – who is on secondment from the UK Metropolitan Police Service – was in a command position in certain respects over Mr. Bridger and his team. RCIPS officials have not alluded to this revelation in any of their announcements about Mr. George’s departure, which is scheduled for later this month.
Mr. George has said he is leaving because he has already overstayed the period of his initial secondment, which was three to six months.
Another retired UK police commander, Royce Hipgrave, will be brought in later this month to replace Mr. George.
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