UK cops fixed on ‘burglary’

| 06/09/2009

(CNS): One of the original members of the undercover Operation Tempura team revealed how the limited remit of a scoping study had been widened into a full scale investigation based on their interpretation of the entry into Cayman Net News by John Evans in September 2007. Detective Inspector Simon Ashwin of Scotland Yard, who was SIO Martin Bridger’s deputy, hesitantly admitted during the trial of Lyndon Martin on Friday that he and Bridger had overall responsibility from the beginning of Operation Tempura and all that flowed from it.

Giving his witness testimony via video-link from the UK, Ashwin acknowledged that what they considered a “burglary” led them to move the investigation on. He told the court that he and Bridger had what he described as “some consternation” regarding the entry into Cayman Net News because they said it could have had implications for the evidence on any future investigation that went to court about Ennis and Seales. He admitted, however, that the full circumstances regarding the entry had never been concealed from him or Bridger and that they were aware that no evidence had been recovered during the entry.

Asked by Martin’s attorney, Trevor Burke QC, what the problems were given that no evidence was recovered for their investigation, Ashwin was unclear and repeated several times that “it caused us difficulties”, although he did not describe exactly how those difficulties would affect a future case. Ashwin conceded that they had discovered early in the investigation that the accusations against Ennis were false.

Ashwin also evaded answering the direct questions about when the attention of the two UK officers had shifted from the scoping mission to see if Deputy Commissioner Anthony Ennis was leaking sensitive information to the publisher of Cayman Net News, to a full blown criminal investigation against former commissioner Stuart Kernohan and CS John Jones for burglary.

He admitted that the Tempura team had sought to get search warrants for the senior police officers’  homes but had been turned down twice by Chief Justice Anthony Smellie, who gave them a definitive ruling that there were no grounds to suspect the entry into the Net News offices was a burglary.

Burke then probed Ashwin why it was that he and Bridger had decided to arrest Martin for burglary on the day that the three senior police officers were all suspended, but had not arrested John Evans. Ashwin said that they still needed to do more research. Burke asked what “burglary” Martin had been arrested for and Ashwin said theentry into Cayman Net News on 3 September 2007. Burke asked again why, as that entry was also made by Evans, why he was not arrested. Ashwin said that they had been advised not to arrest Evans by special legal counsel to Operation Tempura, Andre Mon Desir.

Ashwin explained that this was before lawyer Martin Polaine, a former associate of Bridger’s, was engaged as legal adviser to the investigation

Burke then suggested to Ashwin that even though the chief justice had told him and Bridger that there had been no offence of burglary, they went ahead and arrested Martin for burglary anyway and the whole investigation went forward on that basis. Ashwin agreed and said that was correct. He confirmed that the arrest was made based on advice given by Mon Desir, special legal counsel, who Ashwin said had indicated that there were grounds for a burglary.

Pushing further on how their scoping mission had resulted in a full blown investigation, despite the allegations against Ennis being revealed to be untrue very early on, Burke asked why the UK officers had not just handed in that report and gone home. Ashwin said again that Bridger and he had problems and “difficulties” over what they had called the “burglary” and they thought there needed to be more investigation.

Ashwin also admitted that he knew that the Royal Cayman Islands Police Service was paying for himself and Bridger to be here in the Cayman Islands and not the UK. He said that it was understood that it would be his and Bridger’s decision, in liaison with Scotland Yard’s John Yates in London, if and when the scoping study was to move to a full blown investigation. Ashwin said that payment for their time and work was being done “on a full recovery basis” from Cayman.

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  1. Joe Average says:

    They weren’t sure….if a crime had indeed been committed.. then….when they were indeed sure a crime had not been committed…they investigated it.

    Did I get that right??

    Crime is slippery.

    While you’re looking for it… can be right behind you!!!!!  Or next to you.  Or you could be the crime.

    But…..while they were here (I like this part because Dick Cheney used it)… further break-ins… happened at the New News.

    So they did a good job.

    • Anonymous says:

      Joe why reach the simple and obvious conclusion when you can invent crazy conspiracy theories plotted in "mother England"  by "them" when "they" don’t have anything better to do?

  2. Harry Carey says:

    18:07 is right.  You can’t win a row with your boss, especially one who controls your purse strings.  Cayman needs to work with London and not pick a fight that only one side can lose.  To the UK a moaning Cayman would be like a mosquito – if it gets too annoying then it will be dealt with.

  3. Anonymous says:

    "Caymanians are tired of the colonistic and disrespectful way that we are being treated by the UK which is supposedly called our mother country. What mother treats her children like the UK does?? Maybe we are ugly step children! Not to worry, if we survive their envy and cruelty, we will rise again!!Caymanians are tired of the colonistic and disrespectful way that we are being treated by the UK which is supposedly called our mother country. What mother treats her children like the UK does?? Maybe we are ugly step children! Not to worry, if we survive their envy and cruelty, we will rise again!!Caymanians are tired of the colonistic and disrespectful way that we are being treated by the UK which is supposedly called our mother country. What mother treats her children like the UK does?? Maybe we are ugly step children! Not to worry, if we survive their envy and cruelty, we will rise again!!"

    Alas, my friend, but The Cayman Islands are indeed a colony. You can’t have your cake and eat it too. Why don’t you ask for your independence from the UK?

  4. Anonymous says:

    Why are posters obsessed with the UK trying to do Cayman done down by skullduggery?  There is no need to be so devious – the UK could alter the laws of this land as they wished regardless of what the 25% of the population who can vote think.  The UK is entitled to intervene in the interests of the UK regardless of the narrower interests of Cayman.

    The fact is there is a perception that offshore structures have been a factor in undermining global regulation and have reduced tax income at a time it is acutely needed.  This is the view of all the leaders of the major economies. 

    Rather than being pathetic spoilt children about this and being blaming and hysterical, Caymanians need to put their case forward internationally as to why the perceptions are not true.

    If there is anywhere blame can lie it is the lack of government investment in the financial services industry over the last 5 years.  This has been atrocious – our regulator lost good people because they were from the wrong country, legislation has fallen behind, the court system is too over-filled when the world is watching how it works the most.


    • anon1 says:

      You are an ungrateful idiot who would choose to manipulate the facts to support your disregard for Caymanians and everything Caymanian. Here are some FACTS for you.

      Fact. A far higher percentage of citizens of the Cayman Islands voted for the Government of their choice than did citizens in Great Britain in any election.

      Fact. NO visitor resident nor migrant worker on a work permit was allowed to vote in Great Britain nor any other developed country in their history except by fraud so do not single out Cayman as somehow unfair or otherwise by your skewed statistic that only 25% of the population can vote.

      Fact. Great Britain can, by executive order change any law in the Cayman Islands; they do not need Caymanians to do their dirty work for them. This method would leave the institutions such as the RCIP and Judiciary intact instead of demoralized and destroyed they way their actions recently were designed to do.

      Fact. With this ability, through Executive Order, they should have the balls to do just that instead of the nasty, dirty way they are now using their representative, The Gov. to rape our treasurer, demoralize our police force, discredit our court judges, and destroy our financial services institutions.

      Fact. London does not want to do this because such an Executive Order would reflect the spotlight back on London where, the whole world knows, the greater share of money laundering takes place and their hierocracy would be exposed. Instead they have chosen to destroy their competition in legitimate financial business from within as they are well aware that Cayman does not trade in money laundering as London and New York does and they want to grab the legitimate business that Cayman now enjoys as their competition. If they can direct the legitimate clean financial business from jurisdictions such as the Cayman Islands to dilute their money laundering clientele they can then use this statistic to "prove" that they are really not a money laundering center.

      Fact. Every single law that regulates financial services in the Cayman Islands has been agreed to by Great Britain, so, they are well aware of what laws are in place before they become law. The hypocrisy in politicians in London somehow pretending that the laws in the Cayman Islands are somehow laws that they were unaware of is appalling and speaks volumes in and of itself.

      Fact. There is some country, somewhere in the world that has bestowed the right to vote on you. If you are so disrespectful of the 25% of the population who can vote in the Cayman Islands, why do you not go back to that country and exercise your right to vote. If you do I will not have to listen to you trying to demand that Caymanians give you, and the rest of the visitors to our shores, the right to vote and decide our laws. We Caymanians all know from experience that if we give you this right and you F*** it up you will be one of the first to jump on a plane and go home, while we have to stay and suffer. The 25% of the population that can vote got it right enough for you to pack up any belongings you had back home and relocate here, so our track record in the past could not have been that bad.


      • Anonymous says:

        You need to learn how to spell "FICTION". You apparently think it is spelled "FACT". For example, and it is just an example, "NO visitor resident nor migrant worker on a work permit was allowed to vote in Great Britain nor any other developed country in their history " Utter nonsense – Commonwealth citizens reisdent in the UK are entitled to vote.  Try to stop making things up and ask your teacher at school tomorrow to give you a spelling refresher class.

        • Anonymous says:

          I guess that was the only "fact" you could really dispute so you ran with it and then tried to distract attention from the real issues by pointing to typos (while making one in the process: "reisdent").       

          • Harry Carey says:

            Do you not understand methaphors?  I did not see the poster as attacking the writer’s typos, but rather that he/she was typing as fact that which was fiction and alluding to the childish way in which the inaccurate points were being put.

      • the Factorator says:

        Fact: Some people like to start all their paragraphs with the word "fact".

        Fact: Some readers don’t like it.

        Fact: None of this really matters, and in 100 years nobody will remember any of this.

    • Anonymous says:

      Perhaps the posters have knowledge of the UK Govt’s history both in Cayman and in other overseas territories. You may not be aware, but most Caymanians are aware of the Euro Bank Spy Scandal affair and the skullduggery of the UK Govt. and the complicity of HM’s local representatives. They may even aware of the UK’s abuse of the Chagos Islanders who they dispossessed of their homeland through deceit and trickery leaving to sink into degradation in a foreign land. There is no question that the UK is devious. As one would with a convicted child molester it is sensible to observe all its movements (and those of its representatives) with due suspicion.

      For many years Cayman has put its case forward internationally in various fora. Rebuttals of the case against us have been refused publication by periodicals like the New York Times. It is continuing to make its case through the Cayman Islands Financial Services Association and Mr. Travers. Unless they are particularly stupid (which I am sure they are not), the leaders of the major economies are well aware that the global economic crisis has nothing whatever to do with Cayman but with poor regulation in the self-same major economies, to wit the SEC and the Madoff scandal. We are merely the scapegoat for their problems at home. It is a cynical populism that plays to the envious in their tax countries.   

      The UK is also astute enough to know that there would be an international outcry it was clear for all to see that it was using bully-boy tactics. It prefers underhanded tactics especially when it can then stand back and say "see their business model was never sustainable, we tried to tell them so".  

      So before you dismiss us as "pathetic, spoilt children" I suggest you bone up on some history.  

      • Recently Enlightened says:

        I was living abroad when the Euro Bank affair went down. I wasn’t aware of the situation any further than the name "Euro Bank" until today. After doing some research after I heard the name "Brian Gibbs" being referenced this morning. I would suggest that those not properly enlightened to do some light reading to get up to speed with what occurred in the not too distant past.




        • Anonymous says:

          Particularly, disturbing was the tapping of the Chief Justice’s phone, not because the Chief Justice was himself under investigation but because he was performing his functions as a judge and MI6 wished to know whether their skullduggery was being uncovered. This makes Watergate look tame.

          Ask yourself who in the Cayman Islands could possibly authorise the tapping of the Chief Justice’s phone.  

          And someone has the nerve to suggest that we should not think that the British Govt. is devious?!    

  5. Anonymous says:

    On Stuart Jack’s departure which is soon to be, (Thank God) the whole of the Cayman Islands should go to the airport and "conduct a peaceful protest" and wish him good riddance and present him with a sack of green iguanas – wild chickens from West Bay Road to take back on British Airways. 

    Never mind the two 40 foot containers of goods that will be shipped by IMP or Miracle Brokers (barely came with a suitcase and clothes on his back) or the fat retirement cheque that has been wired into his UK account and awaiting his arrival, the green iguanas – wild chickens would be more fitting and appropriate for his governance of this country. 

    Only here in Cayman can these bas – – – – –  blatantly cause so much harm and distress and walk away from it freely. Can you believe that after helping to wreck the country financially and otherwise, he has "the gall" to create a blog wanting to foster good relations with Caymanians and residents alike?? I say, take you blog and place it you know where and while there, place Martin Bridger and his cronies there as well !!!

    Never mind though, we in Cayman have a generation that is rising up and risising up very rapidly and I can assure you, they won’t be as passive as we older folks are. Just you wait and see howthey deal with things !!! 

    Sorry, but I’m pissed as hell about this whole situation that we have endured in Cayman these last couple of years. However it’s better to express myself this way than do what people in other countries do, create mayhem on the streets.   



    • Anonymous says:

      CNS can you find out the date of Stuart Jack’s departure and post it on here?

      I think ,like this poster, many of us want to be there at the  airport, if for nothing else to reassure ourselves that he is gone and gone for good. I will even bring some green iguanas and wild chickens as well and I would encourage everyone that can round up a few to bring them as well. (For those of you wondering why the significance of the green iguanas and chickens, these are pests that (like Jack) the Cayman Islands cannot seem to ever get rid off. Sending a few off with him though, may just help deplete the population and hopefully invade the UK so that they can have the same type of infestation they have brought upon us and I say this literally and metaphorically. All being said though, I would take the chickens and iguanas any day over another Jack.

      In all seriousness though, I am amazed that the international press hasn’t caught on to this the way we have or is that they think we are still corrupt despite the fact that Jack and his boys could find nothing corrupt about us. Good men and women, judges,police officers, private citiziens with careers all ruined and our country’s purse raped for every penny. In my opinion, Jack and his team should be held accountable forevery penny lost and should have to pay this folks for the harm that has come to them.

      Fellow Caymanians, when the new Governor comes we must speak up and let him know that we don’t want the legacy of the previous governor to be repeated. I like most Caymanians are tired of the colonistic and disrespectful way that we are being treated by the UK which is supposedly called our mother country. What mother treats her children like the UK does?? Maybe we are ugly step children!

      Not to worry, if we survive their envy and cruelty, we will rise again!!


      • Anonymous says:

        He’s scheduled to leave at the end of November 2009 🙂


        • Anonymous says:

          Thanks for the information regarding Jack leaving but if anyone knows the exact date and time please post it? Hopefully it’s on BA, so that all the British can see us Caymanians say good-bye and maybe the Guardian Newspaper and the BBC will be here to take pictures of him and his green iguanas and wild chickens?

          CNS: any luck finding out a date and time for his departure? I’m sure it will be hush..hush!!

          CNS: If we find out we’ll let you know.

          • Anonymous says:

            I think the Jack- hating reflects badly on us. Let him go and let us move on.

  6. Anonymous says:

    This is all a conspiracy by the FCO through their local Cayman Islands Representative to destablise our country and wreck our financial services industry.

    It started with this undercover investigation which the Governor took control of and removed Kernohan.

    Then there was the Tucker Commission of Enquiry into the allegations against Minister Clifford even though former Governor Dinwiddy had already written to Clifford to confirm that he had done nothing wrong……and wouldn’t you think that Clifford or anyone else exposing corruption should be encouraged. Look at what happened recently in TCI…..the Enquiry should have been into the corruption itself not the exposing of it !!!!

    So then Jack had his desired Tucker Report against Clifford and Tempura was proceeding nicely and making it appear like there was widespread corruption in the RCIP which we have yet to see one shred of evidence of !!!! They suspended Kernohan and Jones and arrested Rudolph Dixon and Burman Scott. Burman Scott has since been cleared and has sued too !!!

    Then they hyped up the anti with respect to Tempura and suddenly there is the arrest of Judge Henderson on suspicion of an offence which isn’t even arrestable.

    So now Jack and crew has begun to paint a picture of mismanagement, corruption in the RCIP and in the Judiciary.

    Then Jack suspends Justice Levers and appoints a Tribunal of Enquiry to investigate what turned out to be nothing more than internal squabbles at the Courts Office. This we discovered some $3.5 M later….and we’re still counting the bills for that one.

    Folks a credible Judiciary is the heart of our Financial Services Industry and this is what the UK is after.

    Do not be fooled any longer Cayman. This was never about Minister Clifford, Rudolph Dixon, Burman Scott, Judge Henderson or Judge Levers….this has always been about the UK and EU’s mission to destroy the Cayman Islands.

    The Tucker Commission of Enquiry was engineered to discredit Minister Clifford and return McKeeva to power which explains why there was no Commission of Enquiry into the actual corruption itself.

    This was because the UK knew that McKeeva isn’t wise enough to "get it" and he would be ideal as an "unaware accomplice" and that along with what they had already done to us, they only needed to put documents, such as the letter the FCO sent McKeeva recently into his hands and he would read it to the world as he did at the Ritz recently. That has done exactly what the FCO expected….prompted stories around the world about the Cayman Islands being bankrupt and further undermined confidence in our jurisdiction as an Offshore Financial Center that is competing with London.

    Now there is a global media frenzy, created by our very own "Fearless Leader" and he is blaming that on the PPM too. Give me a break for God’s sake !!!

    Wake up Cayman. Mothers have murdered their children before !!!

    We are too passive a people. We should have demanded this Governor’s return a long time ago because while this is a UK initiative it and he is simply their current agent, that would have sent a very clear message to them that the people of the Cayman Islands are not sleeping !!!!!!!!

    • The Force says:

      "We should have demanded this Governor’s return a long time ago because while this is a UK initiative it and he is simply their current agent, that would have sent a very clear message to them that the people of the Cayman Islands are not sleeping !!!!!!!!..’


      So right, and as I recall Minister Clifford was the only one who had the guts to demand that Jack be sent back. Jack is a spy – that’s his background – he was the perfect candidate for this job "Operation Destroy the Cayman Islands."

      • Anonymous says:

        Please save the "Minister Clifford" reference.  As far as this country is concerned most of us feel Chuckie should go with Jack – both out of here.  They have done much harm to this country.  Chuckie was a one-timer and thank God that is two down.  Now we just need to get rid of the useless PPMers like Kurt, Alden, Arden and Anthony who left this country in a mess and now have the gall to just collect their fat paychecks.  I can’t believe those people that voted them back in.  What in the world would we have done being in this situation and with them at the helm? My God that frightens me.  Now I know why they wouldn’t tell the truth about the country’s finances.  They should be held accountable for their maladministration.

  7. Anonymous says:

    Governor Jack MUST be held accountable for this mess and waste of money. Is it any wonder that our government is running a deficit !!!!

  8. Hypocrits says:

    What hypocrits CNS posters can be!  You spend most of the week making allegations of corruption and mass conspiracy but when investigators start from the premise that there may be conspiracy and corruption here you are all up in arms.  Fan the flames and you might get burned from time to time.

  9. Anonymous says:

    Please stop the carnival. I wanna get off!  

  10. Anonymous says:

    Maybe I missed it….

    ….but did anyone ask what 11 of them did to occupy their time for almost two years other than discuss an incident which may or may not have been a burguary, and arrest a Grand Court judge for a non-arrestable offense?

    I’m not a cop, but I’ve watched enough Law and Order to be able to accomplish that by myself in less than two weeks.

    • backstroke says:

      Are These  the people that we are supposed to trust?  ( Uk,) keystone cops,(scotland yard)  buncosquad, and you all sit here and denounce the RCIP better yet CIP, I ask again how  much longer are we going to take the bashing from the ugly mother, cant say step mother as we are supposed to be her OT,  We have to put up with the lies that their reporters print, the ones that they plant here as spies in our civil service and public sector. supposedly  our friends, but as I say a wolf in sheeps clothing. See them for what they are, greedy,power hungry and manipulative. 

      Now we have to bear the cost of this and who knows how many other court cases because they thought  "THOUGHT" they had a smoking gun. Know what thought made a man do? Well that is exactly what these numbnuts should do.Oh yes and there should  be no  tissue where they go either.

  11. Twyla Vargas says:

    PICTURE THIS, Ashwin and Bridger was enjoying the cool breeze, lovely seven mile beach, while getting white sand in between theit toes, at the expense of the Cayman Islands Gvernment.   This case is pure confusion and passa passa.  Your head will spin and your eyes will come out of socket listening to the drama as it unfold.  My, my, my.