Bridger to face court again

| 12/11/2008

(CNS):  In the wake of his first successful Judicial Review (JR) overturningthe search warrants issued for his home and office, Justice Alex Henderson has filed for a second to look at the legality of his arrest. The first respondent in the application is SIO Martin Bridger but it also includes SP Richard Coy and this time Acting Commissioner David George who swore in the Special constables in the Special Police investigation Team (SPIT).

Submitted by his legal team, Campbells Attorneys, yesterday the application suggests the arrest was unlawful as misconduct in a public office is not an offence for which a person can be arrested. Henderson was however, arrested on 24 September outside his home in front of his wife and child. The Judge was held for two days before being released on police bail. The arrest and bail conditions were dropped by the Acting Commissioner of Police last week when he contacted Campbells to say the Judge was no longer required to attend the police station and all restrictions on him were lifted.

In this Judicial Review Henderson is seeking to completely clear his name but also to point out that Bridger who made the decision to arrest him, Coy the Special Constable and member of SPIT  that actually arrested Henderson, and George who has overall responsibility, under section73 of the Police Law (revision 2006) for the special constables,  all acted unlawfully. Finding himself now also at the centre of Operation Tempura, David George who is leaving Cayman at the end of this week offered no comment on the situtation regarding the latest review applicaiton.

Henderson has already been given leave to appeal for damages by Sir Peter Cresswell who presided over the first JR and unequivocally overturned the search warrants and ordered an enquiry into damages. Campbells said today that the details of that enquiring are pending. Campbells also confirmed that in accordance with the orders of Cresswell the copies retained by SPIT of Henderson computer files have been returned, despite being in contrary to the court’s orders as they arrived yesterday afternoon (Tuesday 11 November) when they should have been returned by the deadline of 4pm on Friday 7 November.

CNS has also learned that the SPIT will not be appealing the decision of Sir Peter Creswell as they had first planned at the reading of the ruling. This not only means that Bridger et al has accepted that the warrants were unlawful it also means that Cresswell’s 120 page plus ruling will now be good law in the Cayman Island and set solid protections in place against future abuses of power with regards search warrants. One legal expert told CNS that it also goes to the very heart and certainly the integrity of the SPIT investigation.

“First the Chief Justice rejected this, now Cresswell’s ruling has confirmed the lack of integrity surrounding this investigation and last week the government stated emphatically that they no longer have faith in Operation Tempura as it has been named. Surely now Bridger must end this farce,” said the expert source.

Moreover, if Henderson is successful in his second judicial review application there will be a further damages enquiry and many people in Cayman’s legal community believe that while the award concerning the warrant will be bi enough if the arrest is demonstrated as unlawful the Cayman islands government will be forced to dig exceptionally deep to meet those potential compensation costs.

CNS would like to note that over the last few weeks we have submitted more then a dozen questions regarding the investigation and none of them have been answered. 

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Comments (4)

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  1. Anonymous says:

    I have been standing by and reading what Bridger and boys have been doing to us. I am totally un-impressed! They have spent our money and we have received no rewards.

    Were they sent here by the UK to embarass and destabilize us? One wonders if Stuart Jack was given orders to do this.

    They have billed our little country millions of dollars and for what?? No good has come out of it. Except un-called for embarrasment to Justice Henderson and others. Do you realize that the Canadian press is full of all the stories out of here? I have had many friends from Canada ask me if this is the way in which our country is run. I have explained to them that this is corruption from the UK and it seems they are trying to  ditch us. So it is pure tactics!

    I am proud of Kurt to have told them to "GO HOME". Good on you Kurt!

    We may have corruption but Bridger’s blatancy is REAL corruption!

  2. Anonymous says:

    Martin Bridger and SPIT return to court again ????? I’m much afraid that long after they leave with Stuart Jack, the Caymanians will be making many trips to court to pay for the S *** of those who put us there in the first place.

    The whole of them would have left but accoplished their set aims and objectives, that is, "Destablize the Cayman Islands" and let the tax payers pay dearly for it, the effects that will be felt for many years to come !!!!    

  3. Anonymous says:

    Let me start by saying that, " I think that the request for Met Cops to packup and go home, is just a cop-out  for the Government to get away from the Injustices in Cayman.

       If there has been a blunder in the Met. Police investigations with Mr. Alexander Henderson, then I will be the first to say that that is wrong.

     xxxxxxxxxxxxxxxxxxxxxxxxxxx

     So, yes we do need the investigations to continue.

       Secondly the complaints made by Mr. Tibbetts about the $4 million dollars, are of no way worthy and legit., so  then let us take a look at some other projects made by the Govenment as to money badly spent.

     At present time, the Government has indicated that there will be a $15 million shortage in the year 2009 budget. Now! How did that come about? Something no other Government in Cayman has ever  had for their running of Governmet.

     Next.. there is the $1.5 billion dollars that cant be accounted for. And Now! How did that come about? Something no other Government has ever had in their running of  the Country/Government.

      Next.. there is the Sayeed fiasco of an $85,000.00 car that has yet to be sold that Sayeed won the Government over with to purchase for him. Then there are the hundreds of thousands that he has also carried away,,, and there is No return for that….

      Next… there is the Metrix fiasco that millions of dollars worth has been carried away into and the Government has no plans for acheivement of the money, and there are hundreds of thousands that has to be collected from the Metrix people and the Government has no way of getting that back….

      Next… there is theKernohan situation with the Helicopter with $1.8 million spent on a Helicopter that has No use for its purpose in the line of Police work. That went apparently soft as the Government has obviously messed up into that one as well……

       Next… we have the Schools being built for $60 million and there might be a question there as to "what kind of Schools are we building for $60 million dollars. And YES I do say that, " Our children need and deserve the best Education available", But is the Schools being built for that kind of money is the answer to that solution?

      Next we have a Government Building being built for $85 million dollars and will any of these projects be finished and will it be worth it to have them  done?

      These are all very considerable things that the Government of the day is involved into and the complaining of $4 million is almost sounding like a "Spoiled" child crying, that has committed himself to a wrongful doing and feels that he/she should be pardoned for every wrong he/she has done. Knowingly well he/she has done Wrong.

       In my honest opinion then I think the Governor, Mr. Stuart Jack should continue his investigations in the Police and the Judicial System as to cleanup our beautiful Cayman Islands and "RID US" of corruption, as there maybe a much larger price to pay later if the desease of "Corruption" keeps infesting in Cayman.

       We all know, and for us who will agree, that we do have a serious problem here in Cayman with the desease and we need it OUT. So, I dare say to Mr. Stuart Jack, "That he MUST continue with his investigations and Probes in the given two areas of Cayman and WEED OUT CORRUPTION IN CAYMAN….  We have a big Problem here with Corruption.

    CNS note: We’re not going to post more specific accusations about the judiciary from an anonymous source with noproof.

     

  4. Anonymous says:

    So once again people involved are leaving the jurisdiction before answering to the courts for their actions??