UK cop’s complaints defamatory says governor

(CNS): The Governor’s Office has refused to release the details of why complaints made by Martin Bridger (left), the senior UK officer in a bungled corruption investigation, were dismissed because it says it would not only be a breach of confidence but it also contains defamatory material. Following an FOI request made by CNS, the office said that under section 54 of the Freedom of Information Law government does not have to release the documents. Despite the fact that Operation Tempura cost the Cayman taxpayer over $6 million, the full details of, or the motivation for, the parts played by local and UK officials, as well as Bridger’s complaint about why he thinks the investigation was halted, appear destined to remain a mystery.

An FOI request made in London to the Foreign and Commonwealth Office for the details of Bridger’s complaint by John Evans, a witness in one of the court cases relating to Operation Tempura, was also refused recently. Evans was told by the UK authorities that releasing the information would be likely to prejudice relations between the United Kingdom and the Cayman Islands.

Although the FCO said it recognized the general public interest in openness in public affairs and that disclosure of the information might lead to better informed debate on a subject of public interest, it still considered that the balance is weighted against disclosure. It also noted that revealing the details may impact Cayman’s reputation and affect the financial services sector.

“We judge that disclosure would be prejudicial to the effective conduct of international relations between the United Kingdom and the Cayman Islands which depends upon maintaining trust and confidence between the governments,” the FCO officials said in the letter. “If the United Kingdom does not maintain this trust and confidence, its ability to protect and promote UK interests through international relations will be hampered … disclosureof the information requested could lead to a loss of confidence within the international community which could impact negatively on the Cayman Islands’ reputation and, more directly, on its financial services industry.”

It said disclosure could also prejudice relations between the Cayman and UK governments, which could undermine the confidence of governors in all the overseas territories that information they report to the UK would be kept confidential. “This could lead to more circumspect reporting by Governors, which could in turn damage the United Kingdom’s ability to ensure the good governance of the Overseas Territories,” the FCO said as it refused the application.

The explanation given by the Governor’s Office to CNS was considerably less detailed and simply stated that the law does not authorize the disclosure of any information that would be a breach of confidence or any defamatory matter.

Some of the details of Bridger’s complaints were, however, exposed in the Financial Times. Bridger claimed the investigation had been deliberately blocked rather than discredited because of the lack of evidence or the incompetence of the officers involved in the special operation investigation team, which became known as SPIT.

The entire episode continues to generate considerable disquiet in the local community for different reasons. Many people see the investigation as nothing more than a Caribbean jolly for ex-Metropolitan police officers, who by clouding their investigation in official secrecy were able to run up huge salary and expense claims, which were all paid for by the public purse. Others say that there could have been genuine corruption but the investigation was stopped by people who did not want the details of the police or official wrongdoing to be revealed.

The repercussions of the investigation continue to impact the local community as it fuelled distrust for the police and in particular officers from the UK. It also had a negative impact on local officers and many say it led to a rise in local crime as the RCIPS turned inward and away from normal policing.

The cost to the public purse — which is not yet over — has also been significant, especially at a time when government revenue was hit by the global crisis. While the unlawful arrest of a Grand Court judge was settled in a damages payment of more than $1.2 million and Chief Superintendent John Jones was eventually returned to post after being on required leave on full pay for more than 18months, the situation regarding other police officers has still to be settled.

Deputy Commissioner Rudy Dixon, who still remains on ‘required leave’ has, according to official records, been paid over $300,000 since April 2008 when he was suspended, as well as pension payments of around $52,440.54. Dixon was arrested by SPIT and charged with perverting the course of justice, and although he was acquitted at trial in November 2009, he has still not been reinstated in his post.

Stuart Kernohan, the former police commissioner, was also suspended as part of the Operation Tempura investigation and eventually sacked by the former governor. Kernohan has since filed a civil claim against the Cayman government and Bridger, which has not yet been settled. Finally, Burman Scott, who was also arrested in connection with the charges relating to Dixon, filed a civil case alleging unlawful arrest and his claim has yet to be dealt with.

The Operation Tempura investigation began when accusations were made that Deputy Police Commissioner Anthony Ennis was leaking information to the editor in chief of Cayman Net News, the late Desmond Seales.

Martin Bridger claimed that he and one other officer from Scotland Yard, who originally came to investigate the matter at the request of the then governor Stuart Jack, soon discovered that Ennis was innocent. However, he said he and his colleague had uncovered other irregularities that needed to be investigated and expanded the team. The investigation remained undercover from September 2007 until March 2008 when three of the four senior RCIPS officers were suspended from their jobs

Following the unlawful arrest of a grand court judge, two other failed court room cases, more than $6 million of public funds spent and no real concrete evidence of corruption, the then PPM government insisted that Bridger leave the country. Despite an investigation that continued for more than a year, Bridger was never able to back up his continued claims to elected officials of “rampant corruption” in the police and judiciary and he eventually departed in April 2009.

Soon after, the RCIPS took over the investigation to examine the alleged reports of corruption collated by SPIT. Although some officers have since been quietly dismissed, few details of the investigation or corruption allegations have ever been revealed.