Judge Henderson back at work, challenging arrest
A week after Cayman Islands Leader of Government Business Kurt Tibbetts demanded that a special police team from the UK pack up and go home, there has been no response from authorities.
Meanwhile, the judge who was arrested by that team returned to work on Tuesday and said he expected to start hearing cases in Chambers today.
Lawyers for Cayman Islands Grand Court Justice Alexander Henderson have also filed an application for judicial review of his 24 September arrest by officers from the special police team, claiming that arrest was unlawful.
The team of officers from the UK Metropolitan Police Service in London has been in Cayman since September 2007 investigating alleged misconduct within the Royal Cayman Islands Police Service and the judiciary. The probe has led to the removal of three top RCIPS commanders, and criminal charges against two individuals including a deputy police commissioner.
Mr. Henderson was also arrested on suspicion of misconduct in a public office but was never charged.
The investigation has hit a few snags of late, including judgments by two court justices that questioned both the evidence gathered and methods used by officers involved in the probe.
Last month, visiting judge Sir Peter Cresswell tossed out search warrants against Justice Henderson. Those warrants, according to Sir Peter, had been improperly and illegally obtained.
An attorney working with the UK Met team had said that the ruling would be appealed.
But the lawyer representing Mr. Henderson said investigating officers had confirmed to him that no appeal would be made.
“They don’t intend to appeal,” Shaun McCann said. “I’ve had that confirmed (last week).”
Justice Cresswell also set a 7 November deadline for the return of copies of records seized during the searches of Mr. Henderson’s home and office. That deadline passed Friday without an application for an extension.
Mr. McCann said Tuesday that UK Met officers had returned all remaining copies of those documents.
No date has been set for the court to hear the application for judicial review of Mr. Henderson’s arrest.
It was unclear where these latest developments left the Met team’s investigation regarding Justice Henderson.
Senior Investigating Officer Martin Bridger, the man heading the misconduct investigation, has declined to comment on a number of recent occasions regarding his team’s probe.
Adding another wrinkle to the ongoing saga, UK Met Assistant Police Commissioner John Yates arrived in Cayman this week for another review of the investigating team’s operation. Mr. Yates has been in the Islands previously to provide oversight of the investigation.
Mr. McCann questioned whether Mr. Yates should have any supervisory role over Mr. Bridger’s team, who are legally considered RCIPS special constables.
Section 73 of the Cayman Islands Police Law (2006 Revision) states: ‘The commissioner (of police) shall have the command, superintendence and direction of the Special Constabulary.’
‘I fail to see the need for Mr. Yates to visit this country,’ Mr. McCann said. ‘I question who’s paying for Mr. Yates to come down here and why.’
Cabinet Ministers said last week that some $4 million had been spent in the ongoing police probe, but the only official report on the cost of investigation expenses obtained by the Compass put those expenses at $1.67 million through 30 June, 2008.
The Governor’s office has also refused repeated requests to discuss specific costs related to the UK Met probe.
Related Videos
