Bulgin clears Henderson

| 14/11/2008

(CNS): Updated Friday 8:30pm — The Attorney General, Samuel Bulgin has written to Justice Alex Henderson’s legal representative, Shaun McCann Senior Partner, Campbells Attorneys telling him that the judge is no longer under investigation for misconduct in a public office and has expressed regret at the “inconvenience and discomfort” the “entire episode” has caused Justice Henderson. Late this afternoon however, a statement from the Acting Commissioner said the other element of the investigation continued.

Writing on behalf of the Acting Commissioner, the Attorney General, (AG) said that upon a comprehensive review the police investigation had been discontinued with immediate affect. Bulgin confirmed that the arrest, related bail conditions and other conditions had completely fallen away.

The letter was written in response to Campbells’ own correspondence requesting written confirmation that Henderson was no longer a target of SIO Martin Bridger’s Special Police Investigation Team (SPIT). McCann confirmed that although Henderson, who is now back at work on the bench, was very pleased to receive the letter he was still seeking a Judicial Review of the arrest as McCann stated that the arrest was still unlawful despite its removal.

Even though the arrest has been quashed the Judge, according to the details of the judicial review application, had still been wrongfully deprived of his liberty for two days and subjected to fingerprinting, having a DNA sample taken and his reputation brought into question. Having already been given leave for an enquiry into damages regarding the unlawful state of the search warrants signed by Justice of the Peace Carson Ebanks  which SPIT used to search the judge’s home, chamber and computers there is a strong chancethat judge could be looking at a substantial reward if this application is successful as well.

This afternoon the Acting Commissioner of police David George said that as a result of the Judicial Review action, presided over by Sir Peter Cresswell, that set the search warrants aside and after careful consideration it was decided not to appeal the said judgment.

George said the investigation into the allegation of misconduct in public office against Justice Henderson was immediately discontinued and that Henderson was no longer under arrest or investigation and has been released from his bail conditions.

However, George said the remainder of the investigation relative to the alleged entry into the Offices of Cayman Net News on the 3 September 2007 and other matters continues and a subsequent statement regarding other issues related to the investigation will soon be released.

The investigation has so far cost the Cayman Islands in excess of $4 million and the elected government has asked Bridger to wind up the investigation and leave the island. However, although not communicating with the media anymore, Bridger allegedly told Cayman Net News this week that his investigation was not over. Neither the Governor Stuart Jack nor MArtine Bridger were copied on the AG’s letter and CNS has also learned that Bridger was unaware of it until after the fact.

 

 

 

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  1. Anonymous says:

    To the “Honorable” and to those who are so angry with the MET TEAM and the Governor…

     

     Quoting what Bertrand Russell once said:
    "What a man believes upon grossly insufficient evidence is an index into his desires — desires of which he himself is often unconscious. If a man is offered a fact which goes against his instincts, he will scrutinize it closely, and unless the evidence is overwhelming, he will refuse to believe it. If, on the other hand, he is offered something which affords a reason for acting in accordance to his instincts, he will accept it even on the slightest evidence. The origin of myths is explained in this way."
    You people are ridiculous.
    I’m sure you won’t make the mistake ever again on asking who wrote what…. HAHA
    People may clear you but in my eyes you were never clear. I do not apologize for what the met team did because if you never went to ask a question you really didn’t need to know the answer  to as the person wanted to remain anonymous then all this wouldn’t be taking place.  "Honorable"  
    We all know what is taking place is only a TINY portion of what is going on in this country over the years. Why are people so angry? Is it because they know where pieces of the puzzle the Met Team are trying to put together are and are upset they haven’t put it together as yet! Because Corruption overwhelms this island and as far as people are aware no one knows who to trust and everyone lips are SEALD.
    Keep going MET TEAM!
    Oh and let us not even talk about the money being spent (people shouln’t be angry) cause this will probably be the best thing happing under this current Government that money is spent on and they are obviously against it! I guess their cookie jar is a little short and it isn’t because it’s benefiting them in any way.
  2. cain&able says:

    They can clear who they want and some people can write on this site as many negative comments as they would like the fundamental questions still remain. Why is it that certain judges responsible and paid for dispensing justice is caught up in these situations and what were they going to do with the information they were seeking. Thats what the Cayman people would like to know? It appears we won’t be getting any answers anytime soon either. They can blame and accuse Martin Bridger for alot of things. He does not think he is above the law some around here obviously do. Yet we see a tribunal convened foranother judge. Now thats what you call double standards.

  3. Anonymous says:

    There seem to be double standards operating here.

    If Mr Bridger and the other officer were serving with the Metropolitan Police they would now automatically be on ‘gardening leave’ pending a full enquiry into what are, at the very least,  alleged abuses of power.

    Yet according to Mr George Operation Tempura will carry on regardless.

    At a time when the civil service has declared a moratorium on recruitment due to current financial constraints the continued employment of officers whose regard for the rules of law is, at best, suspect beggers belief.

    Given the doubts already being raised about the legality of the whole investigation so far, and the fact that at least two people have lost well-paid jobs as a result of the SPIT investigation, the scope for compensation claims seems only limited by the ability of those involved to press their cases.

    It is also not now beyond belief that that the credibility of the whole investigation to date could be so damaged that not one of the statements or items of evidence obtained since September 2007 will be admissable in court. Simply put – $4 million down the drain.

     


  4. Anonymous says:

    Mr. Attorney Genearal, now is the time for you to "flex your muscles" as per the CI Law and Constitution. We the people want an enquiry forthwith, with a view of getting to the bottom of this whole SPIT fiasco.There are many honest, brilliant legal minds throughout the Caribbean that can be charged with this responsibility and it won’t cost us $4 million dollars neither. We the people need "Justice and Accountability" as to who Abused their Offices, Attempted to Pervert the Course of Justice, Perjury/Fabricating Evidence and Aiding/Abeting such offences, if they did occur.  

    This fiasco did not come about overnight and we the people of the Cayman Islands whom will suffer for many years to come, want answers and want them now !!! Why was this "farce investigation" allowed to take place for so long, causing so much harm and destruction to innocent parties along the way???? How could this happen to my beautiful isles Cayman once again ????

    Did we not learn our lessons with the Brian Gibbs/MI5, Euro Bank Investigation a few years back ??? That one costed us millions and millions of tax payers dollars to settle and this one will likely be no different. Brian Gibbs and Associates and their families were quietly "whisked away" to the airport when the S**** began hit the fan back then. I trust that we are not going to see "Justice Evaded" once again, as was the case with Attorney General David Ballantyne.

     

     

     

     

     

  5. Twyla M Vargas says:

    THE PASTOR AND THE GOSSIP.

    Once upon a time there was a pastor who lived at the bottom of the hill and preached at the Little Country Village church.  One day one of his church members started a terrible rumour which implicated the life of the pastor.  Upon hearing the story which was fabricated, the pastor was saddned.  However, the church member felt guilty about doing such an unchristian act, and went to the pastor to ask forgiveness.  The pastor said "Yes I will forgive you, but first I need a favour"  The church member was too happy to do the favour , and be forgiven.  The pastor said to her I hould like for you to go tothe Village square and collect me a basket of feather from the chicken-slaughter house.  The Church member thought, that is easy, and went and brought the basket full of feathers for the pastor.  The pastor thanked her and said now I need you to do me another favour.  "Go to the top of the hill and scatter all of the feather in the air, letting them fly over the village.  The church member thought, thats easy I can do that too.   After she returned to him he said " I have one last favour to ask, she replied yes pastor what is it.  He said  I would like you to take the basket and bring me all of the feathers that you have scattered from the hilltop on the village.  She replied, but pastor that is impossible.  Pastor replied,  "You see we should think carefully about what we say and do before we act.

    Congradulations Mr Attorney General on your decision about Judge Henderson.   I do hope someone learns a lesson from the story above.

    To Judge Henderson, I say, GOD be with you as you continue your work in these Islands.  The people of Cayman are not to blame, please forgive us.