DPP asked to review unlawful raid of Doctors Express

Legal action to recover costs and damages will also be heard.

Doctors Express in George Town has resumed its sale of prescribed vaporised cannabis products. The office was raided by Customs and Border Control officers in September 2019. - Photo: Kevin Morales

Doctors Express’ attorney has written to the Office of the Director of Public Prosecutions to determine if any criminal conduct might have occurred by individuals behind a 2019 raid of its healthcare facilities.

The raid, which was challenged by judicial review, has subsequently been ruled unlawful by Justice Robin McMillan in a judgment that was handed down on Friday 5 Feb.

In the judicial review, Doctors Express named the Director of Customs, Catherine O’Neil JP, the Commissioner of RCIPS and the Chief Medical Officer as respondents.

While appearing on Rooster’s Crosstalk, Attorney James Austin-Smith who represented Doctors Express, said he received “instructions to write to the [DPP] with a copy of the judgment’” which he would be doing later that day, 10 Feb. On Friday, 12. Feb, Austin-Smith confirmed to the Compass that he had indeed done so.

McMillan’s judgment calls for an additional hearing where both parties will be able settle the matter of costs and damages.

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“The next stage is that we will end up back before the judge discussing whether or not judicial reviews are an appropriate forum for the court to order damages,” said Austin-Smith.

“Whatever the outcome of that hearing we will be asking the other side to pay Doctors Express’ costs because they were dragged through the courts as an result of the unlawful actions of others.”

Austin-Smith said if judicial review is not deemed to be an appropriate means to recover costs or damages then they will explore a civil route and sue the respondents directly.

To listen to Wednesday’s edition of Crosstalk, click here.

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