Burmon Scott sues police

Former Police Inspector Burmon Scott is suing police for false arrest plus damage to his reputation and loss of earnings.

His suit was filed on Tuesday, a day after former Commissioner of Police Stuart Kernohan filed suit against the Governor, police and the Attorney General (Caymanian Compass, 27 May).

Mr. Scott names the defendants in his suit as Richard Coy, a special constable who was part of the UK Metropolitan Police team carrying on investigations here; the Acting Commissioner of Police, presently Mr. James Smith; and Attorney General Samuel Bulgin.

Mr. Scott was arrested around 9am on 15 May, 2008, while at work at the Vehicle Licensing Department on Walkers Road.

The writ filed by his attorneys states that Mr. Scott, previously of good record, was arrested on suspicion of having committed the offence of misconduct in public office.

That offence is not arrestable in the Cayman Islands. The arrest was therefore unlawful.

Mr. Scott was taken to central Police station, where he was seen by some of his former colleagues in custody. He was photographed, swabbed for DNA, subjected to a pat down search and had his fingerprints taken. His personal property was removed from him.

Mr. Scott was then imprisoned for several hours in a cell block normally reserved for female prisoners. He was then taken to the Financial Crime Unit and interviewed. After being returned to the cell block, he was refused bail. His medication was denied to him, in part.

Mr. Scott remained in custody until 6pm the next day – some 33 hours — before he was released on bail and after another interview.

His passport was taken from him as a condition of bail and he was told to return to CPS on 30 June. On that date he was bailed again until 4 August when he was released from bail and his passport was returned to him.

By a letter dated 31 July, 2008, Mr. Scott was informed that he would not be charged with any criminal offence.

He has since left the police force.

Mr. Scott is seeking a declaration that his arrest, detention and subsequent actions by police while he was in custody were unlawful.

He asks for the return of personal property still held by police, plus destruction or delivery of any identifying material taken from him, such as DNA swabs and fingerprints.

Mr. Scott’s suit asks for damages for assault, damage to reputation, exemplary and aggravated damages, loss of earnings, interest, costs and such further relief as the court thinks fit.

Along with his police service, Mr. Scott is well known throughout the Cayman Islands as a musician and leader of the band Los Tropicanos.

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