The Cayman Islands government may be facing legal action from several individuals who have been arrested or questioned in connection with an on-going probe of alleged misconduct within the Royal Cayman Islands Police Service and local judiciary.
Cabinet ministers said Thursday they were not in a position to estimate how much the total amount of claims might be, but said it was clear there would be some future challenges and were confident proper steps had been taken to minimise liability.
Grand Court Justice Alexander Henderson, arrested on 24 September by a team of officers from the UK Metropolitan Police, is attempting to have his arrest declared unlawful by the courts in a precursor to his seeking a legal settlement, which could total more than a million dollars, according to the judge.
Mr. Henderson was informed earlier this month that he is no longer under investigation in connection with the probe or any other police investigation in the Cayman Islands.
‘Thank God the situation with Justice Henderson was resolved in the manner that it was resolved in, because at the end of the day the potential exposure has been minimised,’ Leader of Government Business Kurt Tibbetts said last week.
‘I accept that it is not quite over, but the fact that (Mr. Henderson) has been prepared to go back on the bench and continue his good work as a high court judge in the Cayman Islands makes it a bit easier to sort out,’ Mr. Tibbetts said.
A spokesman for former Police Commissioner Stuart Kernohan said last week that Mr. Kernohan ‘will pursue all claims and entitlements, including damages’ following his firing last week by Governor Stuart Jack.
Mr. Kernohan had earlier sent a letter, via his attorneys, to the Governor’s office seeking reinstatement and an apology following his 27 March removal from office. That removal was done to ‘facilitate’ the UK Met officers’ probe, according to Mr. Jack.
Another high-ranking Royal Cayman Islands Police officer, Chief Superintendent John Jones, who was also removed from office 27 March, has not publicly stated his intentions. However, the Caymanian Compass has learned Mr. Jones has also sought reinstatement from the Governor.
‘I see where there could be the possible question about Mr. Kernohan’s letter asking for compensation and reinstatement as commissioner,’ Mr. Tibbetts said. ‘I can only say that I do trust that the proper advice was taken and that the decision was airtight.’
Mr. Jones and Mr. Kernohan have not been arrested or charged with any crimes. They are being investigated in connection with their roles in a 3 September, 2007, entry at local newspaper publisher Desmond Seales’ office.
Court documents obtained by the CaymanianCompass have revealed that both Mr. Jones and Mr. Kernohan had knowledge of that search before it was done and had been in contact with a former Cayman Net News employee who performed the search.
Records state that employee was looking for evidence of a ‘corrupt relationship’ between Mr. Seales and Deputy Police Commissioner Anthony Ennis; evidence which was never found. UK Met investigators later said that those allegations against Mr. Seales and Mr. Ennis were ‘nonsense.’
On 4 April, Cayman Islands Chief Justice Anthony Smellie refused to grant search warrants against Mr. Kernohan and Mr. Jones partly because the Chief Justice ruled there was no evidence presented by UK Met officers that the two men had committed any criminal acts.
However, that ruling also stopped short of saying that the two police commanders had done nothing wrong. The Chief Justice did state in his ruling that the commanders might be held liable in a civil court for their actions.
In effect, this means Mr. Seales could seek damages against the two men, though according to Chief Justice Smellie it’s likely such damages would be nominal.
Former police Inspector Burmon Scott, who was arrested and later released without charges in a separate investigation by UK Met officers, said he is also considering his legal options.
Mr. Scott was arrested in connection with the release of a drink driving suspect from the George Town Police station in 2004. According to court records, Mr. Scott was in charge at the station when Deputy Commissioner Dixon allegedly ordered him to let the DUI suspect go.
Mr. Dixon is facing criminal charges in connection with that incident, but the attorney general’s office declined to press charges against Mr. Scott.
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