Several people who serve in the role of justice of the peace in the Cayman Islands say they have been advised not to sign any search warrants until the conclusion of a judicial review into the 2019 Customs and Border Control raid at Doctors Express facilities.
Multiple JPs, who wish to remain anonymous for fear of retribution, confirmed to the Cayman Compass the Council of the Justice of the Peace Association recommended JPs not sign warrants after JP Catherine O’Neil was “thrown under the bus” during civil proceedings by Nigel Gayle, a lawyer from the attorney general’s chambers.
During the November hearing, Gayle told Justice Robin McMillan the default search warrant set out in the law, which was used by CBC officers, was inherently defective; and O’Neil was at fault for not spotting the defects and striking them out.
The warrant, which was used by CBC officers, required them to return whatever items were confiscated immediately to the courthouse. Gayle said, however, there was no evidence officers complied with these requirements and ultimately they should have been removed at the time the warrant was issued.
“Even though the warrant may have had defects, it was not unlawful,” said Gayle. “By executing the warrant as a Crown servant, the officers, [my clients] cannot be held liable. Instead, it would be a matter for whoever issued the warrant.”
Anthony Scott, chairman of the council, declined to answer questions from the Cayman Compass regarding the advisory and the reasoning behind it. A Royal Cayman Islands Police Service officer who requested anonymity as he is not authorised to make public comment on the matter, told the Cayman Compass the apparent advice not to sign warrants is now causing greater difficulty for police who are seeking warrants to execute searches.
The officer said he had spoken with several JPs and all except one had “flat out refused to sign any search warrant until the court had made a decision on the Doctors Express case”.
He said the JPs’ refusal to sign warrants has forced officers to now turn to the clerk of the court or judges, which is difficult during off hours. An RCIPS spokesperson told the Compass, “We are unable to comment at this time, as we have not received notice of any such official decision.”
The refusal to sign search warrants also poses potential legal consequences for JPs, as the law requires that any justice of the peace who refuses to sign such a warrant must provide a reason, and could be arrested and taken to court.
The Doctors Express matter in question stems from a 2019 raid, when CBC officers entered the Godfrey Nixon Way facility and confiscated vaporisable cannabis oil and affiliated paraphernalia.
Last year, Chief Medical Officer Dr. John Lee issued a memo lifting the restrictions on Doctors Express for the sale and consumption of the marijuana-derived products.
The medical facility has since initiated legal action against government. Arguments in the judicial review have since wrapped and a decision is pending.
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