Dixon still suspended from job

| 12/10/2009

(CNS): Despite the recent acquittal of Deputy Commissioner Rudy Dixon regarding the charges brought against him relating to the Operation Tempura investigation, the police commissioner announced today that the senior cop remains on required leave pending what Baines said was the completion of disciplinary enquiries which led to this action. David Baines, who recently recruited another deputy commissioner from the UK, said that to comment further on the proceedings at this time, until the disciplinary investigations are concluded, would be unfair to Dixon.

The original reason for Dixon’s suspension from office on 27 March 2008 is not entirely clear. When the announcement was made regarding the presence of Scotland Yard in Cayman and that three of Cayman’s top four law enforcement officers had been suspended, the governor said this was to facilitate investigations that were not related to the accusations of a corrupt relationship between Deputy Commissioner Anthony Ennis and Net News publisher Desmond Seales, but to issues that had arisen during that enquiry.

What was to become known as ‘Netnewsgate’, however, was eventually revealed to be the reason why former commissioner, Stuart Kernohan, and CS John Jones were suspended from office as a result of Bridger’s misguided belief that there had been an illegal break-in to the Net News offices sanctioned by the senior officers.

At the time the governor said: “To facilitate those inquiries I have decided to send the Police Commissioner Stuart Kernohan, Deputy Commissioner Rudolph Dixon and Detective Chief Superintendent John Jones on required leave this morning.”

Dixon was not arrested until May, in connection to the charges he was later to face over releasing people from custody and it was never made clear whether his suspension was in connection with investigations leading to those charges or to the investigations connected to Net News.

CNS understands, however, that the disciplinary action is in connection with the charges Dixon had faced and that, regardless of the not guilty verdict brought by the jury after hearing all the evidence, the deputy commissioner can still face internal disciplinary action in connection with the same issues.

Although, CNS has submitted questions regarding the recruitment of a new deputy and how that relates to Dixon’s position should he be cleared internally now as well as having been already cleared by the court, we have not yet received a response. 

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  1. Anonymous says:

    None of this was fair to Dixon!

  2. John Evans says:

    It figures……

    The Auditor General just revealed how much money has been wasted by Operation Tempura chasing shadows so now they are picking on anyone in sight to justify the costs. As someone has already said this is blatant constructive dismissal, you do not recruit someone’s replacement while they are still effectively in post.

    To quote the story, "it was never made clear whether his suspension was in connection with investigations leading to those charges or to the investigations connected to Net News."

    My take on this, from the extensive interviews the team conducted, is that they initially believed Mr Dixon was involved in the planning for the search conducted on 3 September – I corrected that impression. They then went on a ‘fishing exercise’ to find something (anything!) to justify his suspension. I believe that they were probably assisted in these efforts by my former employer who definitely acting as a source of what turned out to be (see the previous story) malicious information.

    On 27 March 2008, the day Operation Tempura went public, Desmond Seales told me that, "Kernohan, Dixon, Jones and their drug-dealing friends," were out to get him. I suspect information along these lines was passed on to Martin Bridger by Mr Seales and that led to the failed investigation into Mr Dixon’s activities. The allegations that there was a connection between senior police officers and the drugs trade were, and still are, completely false and I have no idea why the comment was made.

    I have again asked Commissioner Baines to investigate Net News’ involvement in Operation Tempura and the legality of certain material printed since 27 March 2008, he has just acknowledged the request.

  3. Anonymous says:

    So will jack continue until he gets a judgement he likes.

  4. Anonymous says:

    ok its time to set the record straight for those who do not understand the difference between disciplinary proceedings and criminal proceedings.  There is a different standard of proof.  Just because he was found not guilty in a criminal court of certain offences (criminal standard – beyond reasonable doubt) does not preclude the fact that he may have breached his employment contract and thereby warrant disciplinary proceedings either on the same and/ or different allegations (civil standard – balance of probabilities or sometimes referred to as more likely than not).  Hence he has not been constructively dismissed (note the deputy commissioner has been specifically given the title TEMPORARY).  It has nothing to do with Caymanian vs expat.  All the officers who were suspended – Kernohan, Jones Scott and Dixon have all been subjected to concurrent disciplinary enquiries. They may not end up being found proven to the civil standard but nonetheless there is a difference.  So please educate yourselves before spouting more vitreol.

    • anon1 says:

      Of course this has nothing to do with how Caymanians are treated v how expats are treated in the Cayman Islands.

      I am positive, with your assurances, that an investigation is in the works as we speak into the conduct of all the expat police in the force, just because someone somewhere, at some time said that they were corrupt.

      Who do you think we are anyway? A bunch of fools that cannot see that the Emporer has no clothes on?

      I am sure that somewhere in Mr. Dixons past there is ample evidence that he did not help an old lady somewhere safely across some street …. and for this of course he should be sacked so that another expat can continue to do his job.

      Enough is enough. Who do you think is paying the salaries of the police officers who will be assigned to this "complaints and decipline" investigation? We the Cayman people will pay them too, as we did Bridger’s, of course. Perhaps they will clear his name …. again…. just so that no one will ask how much they are being paid. Then again ….. who wants to do a fellow expat out of a job? I say watch out Rudi….. worst may be to come.  

    • Anonymous says:

      Please educate yourself by learning to spell vitriol.

      Dixon was not subject to a "*concurrent* disciplinary enquiry". It is a witchhunt designed to ensure that Dixon does not return to the service.

      • beloved Cayman says:
        Martin Bridger holds public meeting on Cayman Brac

         

           


         

        Rudy, Remember what your parents were told. make them pay

  5. Anonymous says:
    I’m going to educate you all on how the complaints & discipline system works in most police forces around the world ;
     
    If a police officer is subject of a criminal investigation (as in this case), the complaints & discipline department hold off pending the outcome of the case. If the officer is found guilty of the offence for which he has been charged, then that is usually enough to sack them (the weight of evidence in a criminal court is ‘beyond all reasonable doubt.’)
     
     As in this case, if the officer is found ‘not guilty,’ then the complaints and department involve themselves. Complaints & discipline then look at what has happened, andidentify if (where appropriate), based on civil law and therefore the ‘balance of probability,’ (which is a lesser weight of evidence than ‘beyond all reasonable doubt,’) whether any appropriate misconduct charges can be laid.
     
    So in this case Mr Dixon had his day in court and cleared his name (good for you by the way), but now Complaints & Discipline will look at the matter and decide if any of the internal ‘police rules / laws’ have been broken.
     
    So the reality is when you are a police officer if you do not get shafted in court, usually Complaints & Discipline will catch up with you sooner or later as they need less evidence. 
     
    And people say police officers are unaccountable!
  6. A Watcher says:

    Please, no more Governors! It sounds like something out of "Only Fools And Horses" and we are the Fools.

    Please, my dear caymanian people, no more governors. Can you just step up to the plate and take responsibility for your own neck of the woods and let the Brits deal with their own crumbling empire?

    The next time a hurricane hits, don’t even expect them to answer the phone as they will not have paid their bill.

    The mother country has forgotten you and you whine and moan like a spoiled child. Stop it!

    Pull together, work together, pray together, laugh together and cry together, and together you shall prevail.

    More answers at islandscayman@yahoo.com

    Come on, you can do it.

  7. Anonymous says:

    WOW!!!!   This is nothing short of appalling – the scapegoat needs to be caymanian.  One one think that since the governor has secured his elite brigade within the CAYMAN ISLANDS police force he would leave this man with some dignity.  WAKEUP CAYMANIANS this is not just about Mr. Dixon. 

     

  8. Anonymous says:

    Is this justice?? Being tried for the same offence twice.  In my opinion they should have dealt with Dixon matter internally from the beginning instead of placing him in front of a jury and spending millions of dollars.  This is like charging someone for a crime and having it tried in the Grand Court and because they find the accused not guilty they then try the same case in Summary Court hoping to get a guilty verdict. As far as I recall if a police officer is charged for a offence the result of the court stands.

    • Anonymous says:

      It is not like that whatsoever.  Let’s give an example if an employee keeps improperwarehousing records and inventory goes missing, if the employee is acquitted of stealing the inventory, he can still be subject to disciplinary matters relating to allegations of misconduct in breach of his employment obligations.  It is nothing close to double jeopardy.

       

  9. Anonymous says:

    Ok let’s talk facts, Dixon you are intelligent enough to know constructive dismissal, they hired your replacement even before your case was heard!

    Secondly this is an infringement on the rights of natural justice, you were found not guilty in Court! So the Commissioner really needs to go and do some research…ohhh yes even the new deputy commissioner has a law degree!!!!

    Anyway Baines i just like Kernohan maybe worse! Intersting to see how this plays out; especaially since XXXX XXXXX  got a settlement of 70,000 that they are still trying to keep secret!!!!!!!

  10. Anonymous says:

    Stuart Kernohan and John Jones were both cleared of all RCIPS internal  disciplinary matters. What do they expect to find on Rudi Dixon and who will be conducting this enquiry, Operation Cealt ???  

    Please…………….. give me a break, "Jack the Cayman Ripper" !!!!

  11. Anonymous says:

    Come on Jackno more games admit you were wrong, you lost and now please leave

  12. Anonymous says:

    why have a second trial on the same facts  if this man was found not guilty by jury why is it not that commissioner want to have him tried disciplinary   on question i would like to ask. who is going to try the case.  the commissioner cannot try him. the governor already know the facts of the investigation. will we be waiting on the next govenor to arrive, on we will have an independent brought in to deal.  it is plain that this commissioner do not want dixon back, that is why he and the governor recruted a new deputy before his trial was finish.  come on caymanians we need to speak out about this. jones has his job back, kernahan would not come back to the island, now a caymanian will lose his job.  when the governor is leaving he need to take baines with him. this commissioer is no different than kernahan, full of smooth talk,has no plans for this police service,just here to collect a salary and enjoy the sun, sea and sand.

    • Anonymouse says:

      Dont you get it.

      They knew they had no case against Dixon, but of course the Commisioner had a buddy who needed a job, so the Post was filled before the trial ended.

      Now Dixon is being continually suspended to make the position available to the Commisioners Buddy. It is that simple.

      Every time you recruit from the UK you also recruit their Buddies.

      • Anonymous says:

        Anonymous at 17.29. If you’re that worried about ‘buddies’ being recruited. Why don’t you make a point, complete an application and stand a post!?

        Stop blaming everyone else!

         

  13. Anonymous says:

    This seems appropriate.  Just because conduct of a police officer is not proved to be a crime does not mean that the matters do not warrant investigation as an internal police matter.

  14. Anonymous says:

    It is ridiculous that the Police Commissioner would now be looking to bring disciplinary proceedings against Deputy Commissioner Dixon when a criminal prosecution against him has failed and he has been found not guilty.  It smacks of ‘if we can’t get you one way, we will get you another’.  It is clear that the ‘powers that be’ do not intend for him to return to the RCIP.  The likelihood is that they will rely on the lower standards for admission of evidence and the lower burden of proof on a disciplinary proceeding.  

    • Anonymous says:

      "The likelihood is that they will rely on the lower standards for admission of evidence and the lower burden of proof on a disciplinary proceeding."  So what you are proposing is that if someone can have a case proved against them to this lower standard they should not be disciplined anyway?  How does that make sense?

      • Anonymous says:

        Because he has already been acquitted in a court of law and it is only in upon the failure of that prosecution that there is any disciplinary proceeding.  If it was felt that internal disciplinary proceedings were appropriate then they should have been conducted from the start. Again, this smacks of a witchhunt.  Why was there not an internal disciplinary proceeding against Kernohan? As usual, it is about ‘nail the Caymanian’ while the Englishman goes free.

  15. Thankful says:

    David Baines, who recently recruited another deputy commissioner from the UK….No more needed to be said.

    If Mr. Dixon is interested in his job an immediate posting should be made.  What more disciplinary enquires are needed?!  I pray The Governor makes good on this crucial decision.