Former Director of Public Prosecutions Patrick Moran has spoken out against what he described as “misinformation” after stepping down from the role in the wake of unfounded allegations of racial bias.
As his successor, British barrister Simon Davis, prepares to take up the post of DPP in March, Moran, speaking for the first time about his decision to leave the job last year, criticised one-sided online commentary and misinformation, suggesting it was having a negative impact on the law enforcement and justice system in Cayman.
Moran resigned and left the post in May 2021, amid allegations of racial discrimination within the DPP office, of which he was later cleared following an investigation by the Internal Audit Unit.
A statement from the Governor’s Office said Moran had tendered his resignation “for personal reasons”.
At the time, Moran did not make any public comments on his decision to leave, but recently, in response to queries from the Compass, he stated, “In early 2021, after a particularly busy year, I began to reflect upon my own future and that of my young family. In April 2021, I made the decision to leave office, following the making of an unfounded suggestion of potential bias on my part. This was an extremely difficult decision, which was mine and mine alone.”
In a statement in August last year, Governor Martyn Roper said that he had requested the Internal Audit Unit carry out a “full and immediate” investigation in response to a “serious allegation of perceived racial discrimination” in an appointment made by Moran within the DPP’s office.
The audit unit concluded “there was no evidence to substantiate the complainant’s perception of racial bias”.
Roper said he had accepted the finding, but noted that the auditor’s report had made “a number of performance management recommendations to strengthen the management of the Office of the Director of Public Prosecutions”.
In the same statement, Deputy Governor Franz Manderson, who is head of the civil service, said, “It is unfortunate that these allegations appeared in the media before they were properly investigated.”
Addressing the allegations made against him while he was in office, Moran told the Compass, “The work of a prosecution lawyer can bring many burdens. Misconceptions about the duties of those who work in law enforcement, coupled with online sharing of misinformation or unbalanced opinion, can make this work harder. Such misinformation may cause harm to people’s reputations, livelihoods and even their wellbeing. It may also cause victims and witnesses to hesitate before standing up for what is right for fear of adverse ‘media’, particularly in a small community.”
He added, “As I alluded to in my address at the Opening of the Grand Court in January 2021, it is crucial that all of those involved in the criminal justice system, be they witnesses, investigators or lawyers, are supported in their efforts to root out and stand up to wrongdoing. Such support can only enhance the ability of the justice system to protect the community as a whole.”
Moran said it had been a “distinct honour to serve the people of the Cayman Islands, both as Deputy Director and Director of Public Prosecutions, from 2015 to 2021. During this time, I was entrusted with the responsibility of dealing with some of the most complex, serious, and sensitive cases to be brought in the Islands in recent times. Many resulted in the bringing to justice of dangerous, dishonest, and high-profile criminals.”
During his tenure, Moran successfully prosecuted several major cases that hit the headlines. These included the prosecution of Speaker of the House McKeeva Bush on charges of common assault on a female bar manager; former University College of the Cayman Islands president Hassan Syed for defrauding the university of $700,000; former Health Services Authority chairman Canover Watson on conspiracy to defraud the CarePay patient swipe-card scheme; chiropractor Jemal Khan for indecently assaulting some of his patients; lawyer Simon Courtney for causing grievous bodily harm to two elderly pedestrians in a collision; and customs officer David Lobo on charges of being involved in international cocaine smuggling.
Candia James-Malcolm has been the acting director of public prosecutions since Moran stepped down from his position. Earlier this month, the governor announced that Davis, a UK barrister, had been appointed DPP.
Moran said, “The appointment of a new permanent Director of Public Prosecutions brings fresh opportunities for the Office. I wish the new Director and his team every success and good fortune in their efforts to continue to bring offenders to justice, and to do their part in keeping these beautiful Islands safe and prosperous.”
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