Snr cop under investigation
(CNS): A senior officer of the RCIPS is currently facing an internal enquiry after the director of public prosecutions (DPP) ruled that it was not in the public interest to pursue a criminal prosecution against him in connection with an alleged assault on a junior officer. The Police Association has raised its concerns about the internal enquiry as they have questioned who in police management is not already conflicted or compromised in connection with the case and in a position to fairly oversee the investigation. More than a dozen complaints have been made to the association against the same senior officer, who has not been suspended from duty and currently remains in charge of one of the largest group of officers in the RCIPS.
A spokesperson for the RCIPS has confirmed that the file in connection with the case is now with the Professional Standards Unit and as a result, she said, it would be inappropriate to make any further comment on the issue. The RCIPS also stated that the case had been referred to the DPP but that it had been returned to the police to handle internally.
Sources close to the young police officer who filed the complaint told CNS that the victim has been informed that, despite evidence of the assault, it was not in the public interest to proceed with criminal charges. The junior officer is understood to have filed complaints relating to two alleged incidents, one of which was witnessed by several civilians who had reportedly agreed to give evidence. Other sources have told CNS that the senior officer routinely behaves inappropriately but many police officers on contract are reluctant to file official complaints for fear of losing their jobs.
A spokesperson for the police association, which represents the interests of serving officers, told CNS that there were a number of concerns about this particular case, not least the number of complaints against the senior officer in question, who remained in command of one of the largest group of officers in the service.
In addition, the association has said that any internal investigation needs to be seen to be fair to both the victim and the accused, but given public comments made by the police commissioner during a Finance Committee hearing about this case and other conflicts relating to police management, it is difficult to see how it can be fair to either of the officers involved.
The spokesperson said the association had raised its concerns with the commissioner and pointed out that the wider membership already has issues about the levels of inequality within the service. He stated that this case should have provided the commissioner with an opportunity to demonstrate the equality that he has said he is committed to providing, but there are very serious doubts that he will be able to deliver.
“Our wider membership has been concerned for some time about the inequality that exits in the RCIPS when it comes to the treatment of some officers over others,” the association told CNS. “We do not know exactly why the DPP decided that it was not in the public interest to pursue this case and return it to the RCIPS to be handled internally but we know that police management is compromised in this case. We are very concerned that there will be no one who will be in a position to supervise this investigation fairly.”
Local attorney Peter Polack also raised concerns about how this case was being handled. He said if there was evidence of a crime the DPP should have handled the assault as she would any other criminal chargeand it should not be treated differently because the accused person is a senior police officer.
"The DPP is charged with the responsibility of deciding whether a person is to be charged with a crime or not,” the local attorney stated. “It is an excess of her authority to make this ruling if this is the case as it is effectively deciding punishment, which is the exclusive purview of the courts. Only Commissioner Baines has the authority to decide if an officer is to face an internal disciplinary hearing.
"It would be a breach of her Constitutional duties to suggest a course of action outside her power or delay ruling on a pending case, for that matter,” Polack added, referring to the DPP’s alleged recommendation to the commissioner that the matter be dealt with internally.
“If a senior police officer can benefit from the discretion of the DPP, then every citizen of the Cayman Islands is equally entitled, including those presently residing at HMP Northward, to the same treatment,” he added.
Category: Crime
The senior officer is from the UK. I have been aware of this matter from soon after it occurred. On two separate occasions, I called Talk Today to make sure it didn’t fall completely off the radar. A number of people made sure it didn’t. I’m glad to see the Police Association is speaking out and I thank them for doing so. The public needs to be concerned… This is a slap in the public’s face, because they are not saying they don’t have evidence against a police officer, instead they are saying that it’s not in the public’s interest to use what they have.
Regarding the “Former teacher reveals court ordeal,” I personally encouraged Marius to keep fighting the State and I’m so glad he did. It is repugnant for a Legal Department to fight against the wish of an accused person to have a DNA test done for his own defence. How can that be in the public’s interest?
The Cayman Islands is going down a wrong road and I hope more people wake up and take action soon.
Dennie, I'm very happy to see that you're still saying the things that need to be said. From all that I have heard and read, the situation in the Cayman Islands has deteriorated drastically in the past three and a half years since I have left. It's a rather unfortunate turn of events given the large number of decent people, locals and expat alike, who suffer greatly as a result of the actions of a select few. Until more people such as yourself,CNS, Cayman United, etc. stand up to demand that government and the various governing authorities act in an accountable manner, I am afraid that little will change. I am however encouraged to see that people are starting to take action in small measures.
Marius Voiculescu
Yes, sadly things are getting worse, but I see light at the end of the November 6, 2012 tunnel.
re. Wed, 08/15/2012 – 13:07
I am the school teacher whose life they tried to ruinover a half-smoked spliff that they found behind the tinfoil of a cigarette pack that I had found. If you recall, there were no traces of drugs found in my system (Crown's urine test), my DNA was not part of the DNA mixture found on the spliff, and I certainly had no intention or reason to traffick/smuggle 0.004 oz of ganja (including tobacco) through two international airports… Yet, in their infinite wisdom, the Attorney General and a Senior Crown Prosecutor hounded me for a period of 3 years, over a half-spliff that did not belong to me and that I had no knowledge of. In the end, they wasted 22 sessions of the Summary Court, 8 of the Grand Court, and 4 of the Cayman Islands Court of Appeal on a case that was not a case – time that they could have spent losing cases of far greater importance. When God allowed man to drink from the fountain of wisdom, some Crown agents chose to gargle instead. So don't be surprised at any of the Crown's decisions – you're liable to hear more intelligent things from a schizophrenic, drunken flea. marius voiculescu
P.S. And don't count on things getting better if some of the cases that I've read about in the last 3 years are any indication…
The legal system has nothing to do with justice. Full Stop.
Unfortunately that is the truth – well put. In my personal opinion, the quality of the Crown staff, starting with the very top (read Attorney General) to the very bottom is abysmal. My attorney (Nicholas Dixey), albeit several decades younger than the Senior Prosecutor, ran circles around him. In my opinion, he was far more intelligent and capable – it got to a point where I almost felt embarassed for the Crown how far outclassed they were. Had I not been caught up in that unfortunate situation, I would laughed at their Mickey Mouse operation – truly embarassing.
Marius Voiculescu
Their time is coming. They are corrupt. They lie and hurt peoples reputation and destroy peoples lives. And the Complaints Commissioner cant help as the police can do as they please. That is like a hornets nest that needs proper sorting out. Now they see how it feels when someone is hurting them and nobody to help.
I recently saw a significantly overweight cop in uniform chastise a driver reversing out of a parking stall while he walked into the path of the reversing car. He obviously felt that as someone parading around in a uniform that he had the right of way. This is typical of our cops, they believe they are immune to common laws like cellphone usage while driving and parking on yellow lines to go shopping. They make me sick and are pretty useless at solving crime.
This is far more serious than the public realizes. No doubt the DPP was persuaded by the commissioner that if prosecution went ahead it would encourage junior officers to challenge management. Here we have a senior UK cop who has a major anger management problem and is also extremely racist towards black people, but is buddies with all the top cops, flying into a rage at a black junior officer over a trivial, trivial matter, all in clear view of the public. Imagine how he acts over something serious? This is disgraceful that an assault by a police officer on another police officer could be witnessed by the public and then just tossed out by DPP. If the Commissioner cared about keeping his ranks clean he would have prosecuted this officer to give the public confidence that the RCIPS is clean and corruption-free. Thank goodness the human rights legislation is coming in soon, this senior cop, as well as the rest of the senior police management, are going to be the subject of many complaints.
Well put Peter. This “pass off” by the DPP is a poor choice. It’s cases like this that the public pays close attention to. For be it you or I, we would for sure be pursued to the full extent of the law. But to not take this case ranks of something, I just can’t place where the smell is coming from…or from whom.
Equal rights for all, special privileges for none. – Thomas Jefferson.
Why not name him? There was no hesitation some years ago to name and shame former Caymanian officers so what's with all the hush-hush this time? I have had dealings with this officer on a prodessional level for some time now and regret not filing a formal complaint when I should have but, I'm quite sure those who have stepped forward can relate to my experience and I commend you for doing so. This must be discouraging for the junior officer in this case.
If he is from the UK, this will be another cover up.
Nothing ever changes no matter who is in charge.
Let us hope Cayman does not have to pay out millions of dollars again!!!
The truth of the matter is that if this was a little commoner , be he caymanian OR expatriate ,the DPP would have pursued and prosecuted that person to the fullest extent of the law. Remember the case of the school teacher who had his life ruined and turned upside down for marijuana crumbs found in his pocket? well imagine when assaults like this one are not in public interest to prosecute? the DPP is who people seem to lose focus of and blame in turn falls on the RCIP, as it did in the dynamite scenario and as it did in the Premier's scenario. The DPP is whom the responsibility lies with to bring these charges and in my humble opinion has fallen short or thier responsiblity to say the least! Another question to ponder; if the Government has a "legal department" why are they always dishing out huge sums of money for outside legal advice? that should leave one to wonder what the "legal department" actually does, except for collecting a very healthy monthly wage.
The “legal department” is not connected to the DPP, the Constitution made the DPP a separate and automonous entity. The Attorney General provides legal advice on civil matters to the Cabinet and has a staff of attorneys to do so, as well as deal with all civil matters connected to Goverment, but he is no longer connected to any criminal matters.
We must be getting close to the level of systemic corruption that caused the UK to step in and take over Turks and Caicos. It seems like every aspect of the system is broken, that the senior figures are always protected and never held accountable, and that the game is rigged to make sure nothing will change.
This is always the problem with RCIPS doing their OWN internal investigations and discipline -COMPROMISED AND CONFLICTED, as per the POLICE ASSOCIATION IN THIS ARTICLE.
What is it going to take before we make this section of Government answerable to the Complaints Commissioner's Officer and stop this rubbish about their own investigations?
At least finally the Police themselves is admitting/implying that it is almost impossible for them to do uncrompromised investigagtions, because it is 2 officers involved not a unfortunate member of the public being victimised.
There is a God!
The time came long ago, the time has come now for all the dirty linen to be exposed, washed and put on the line to fry. We need to cleanse the RCIPS from Top to bottom. Let the progress being.
If even the police themselves are concerned about their own investigating and handling this case, how are the public to have any confidence in our police "service"?
I have personally seen so many instances of abuse of authority, police brutality and corruption that it sickens me. I have no respect for anyone in an RCIPS uniform. And less still for the higher ranks.
RCIPS – Rotten, Corrupt, Incompetent, Parasites
It was not in the public interest to prosecute him?????? The public never new about it until the above article. This man has quite a few complaints and he is still in charge of his unit? Where does anyone come off and state it isn't in the public's interest to prosecute him….if he has physically assaulted someone, verbally assaulted someone, he needs to step down and be removed from his position. I think the public would think more of the RCiPS coming forward with this complaint than as usual brushing it under the huge rug we have!!!
Let me get this straight; junior Caymanian officer fights known, armed & violent criminal and goes to court; Senior UK Cop assaults junior officer in front of the court house and nothing happens! Move on people nothing to see here!
Ms. Williams and other members of Anti corruption are you there? hello?
That officer was a bully and he was charged. Just as this man should be also if he is guilty. It should be released into the courts and the public should be able to follow this case. Lets keep the playing field even
The DPP has a duty to apply a public interest test when determining whether or not to prosecute. That’s page 1 of every criminal law textbook, isn’t it?
So what you are suggestingis if there is enough evidence to file criminal charges, BUT its not in the public interest to do so, the Director of Public Prosecutions can refuse to file charges. ???
If that is page 1 of the rulebook, GOD help us with what is on the following pages.
You either have evidence to file charges or not.
File an FOI request for the reasons provided by the DPP for her decision.
Isn't it time for the chainging of the Gaurd. This could only happen in Cayman and no heads roll.
Let me get this straight.
Rudi Dixon gets embroiled in Operation Tempura, suspended and charged with two trumped up offences dug up from the distant past but despite being cleared in court is forced to take retirement without ever being allowed to return to duty.
However, this senior officer, who judging by the report is also career RCIPS not an ex-pat on contract, is the subject of multiple charges of assault against junior officers but nothing happens.
Don't know how things work in the Cayman Islands but if this was the UK I'd say it sounds like the funny handshake brigade protecting their own.
Bingo!
Whats happening with the investigations into the premier?!
Is this Person from the Cayman Islands or the Caribbean? If he Is not then I guess my personal conclusion about the matter is correct.
Neither..
It sounds to me that they would do the officer in question a favor if they simply retired him instead of bringing him up on charges like he deserves.
Ok, you have not named the officer but everyone connected and most outside the organization knows who it is. There is not exaclty a fairness in the reporting. 'Routinely behaves like this' – dangerous allegation, especially when his name becomes known. And CNS, you know exactly who it is you are making allegations against. When the circumstances becomeknown, it cannot be called a criminal assault – and the police association need to man (or woman) up and get on with the job they are paid for, actual policing.
This whole thing will come out a s joke. Do you really think the DPP will take no action if there was a hint of injury and genuine assault.
Same old same old… No one is ever called to account in the government.
I have known this SO, who arrived from the UK in the 90’s. During his time then and now he has sucked up to other senoir officers and personally has only been premoted due to this.
I have had few few run ins with him and feel he is should never have been promoted ( just me). I must clarify that I am an ex- senoir police officer and know what I’m talking about.
This case needs to be looked into and investigated more as i am sure there is more to this story
Sources close to the young police officer who filed the complaint told CNS that the victim has been informed that, despite evidence of the assault, it was not in the public interest to proceed with criminal charges.
WHAT???
Au Contraire!
If this "Senior Officer" is treating his fellow police officers inappropriately, especially abusing them, this man needs to sidelined from duty.
It would be in the publics best interest to do so immediately.
If this Man of the Law is capable of abusing a fellow officer surly he is capable of using excess force/abuse on anyone he might come into contact with.
Good grief – Imagine the potential lawsuits – think – Rodney King.
To Protect and Serve Indeed.
Could this senior police officer be Caymanian? What dos the Commissioner say. Golf? OK then.
Like a dog turd in a sand pit – quick don't clean it up. Cover it up! It's the Cayman way. We now doubt our politicians AND the Police AND our legal system.
People will begin disappearing next – oh wait.
If he were Caymanian he would have been charged and prosecuted to the fullest extent of the law and if that didn't succeed he would have been retired from the force. Remember Rudi Dixon anyone?