Top cops cleared of any crime
(CNS): Over one year since their suspension, the criminal investigations against the former Commissioner Stuart Kernohan (left) and Chief Superintendent John Jones have been dropped. According to a statement from Acting Police Commissioner James Smith, the Attorney General’s Chambers has reviewed the files and concluded that there is insufficient evidence to prefer any criminal charges against either Kernohan or Jones. Smith said he was in agreement with the decision but was waiting on a file from the special police investigation team (SPIT) to consider whether or not there was evidence for disciplinary action against Jones.
In whathas become a regular occurrence with anything relating to Operation Tempura and SPIT, the statement regarding the decisions was circulated to the media late Friday afternoon. It followed an announcement some 30 minutes earlier from Kernohan’s spokesperson, David Legge, who said the former top cop was now considering taking civil action regarding damages. In his statement Kernohan, who has steadfastly maintained his total innocence since the beginning, lamented the whole situation, from the enormous cost of the investigation to the governor’s behaviour.
“It is unbelievable that it took 13 months to reach this conclusion which was blatantly obvious from the outset,” Kernohan said. “Jack was fully aware of the circumstances regarding the early stages of the enquiry having been briefed by myself and Chief Superintendent John Jones. He and Bridger were informed by the Chief Justice of his opinion on the entry to the Cayman Net News offices—that no criminal offense had been committed. I was not even in charge of the enquiry at that stage on 3 September, 2007, having asked Jack to allow me to stand down several days earlier.”
On 27 March, Jack accompanied by SIO Bridger told the local media in a specially called press briefing that Kernohan was not under investigation, but it has since become public knowledge that at the time he was already being investigated by SPIT. In late February 2008 and on 20 March Jack’s lawyer had petitioned the Chief Justice Anthony Smellie to obtain warrants to search the home and offices of Kernohan, which Smellie denied as he said there was no evidence to support the request.
“It has been an absolute disgrace. This high cost to the people of the Cayman Islands is not only measured in millions of dollars but also on the impact on law and order and the Caymanian reputation,” added Kernohan, who learned that the criminal investigation was closed through his attorney’s Campbells on Thursday. “My greatest regret is not being able to finish what I started with the fine officers in the RCIPS and the people of the Cayman Islands. Bridger has gone. Jack needs to follow him now.”
Smith, who will also be leaving the island next month, confirmed that Bridger is no longer employed as the SPIT Senior Investigating Officer and it is understood he left this island yesterday. Smith said Anne Lawrence from the UK Metropolitan Police, who was previously Bridger’s deputy, has taken over as leader of SPIT. “SIO Lawrence has been on island since January and is well placed to oversee this enquiry,” he said, adding that he would continue to oversee Operation Cealt.
There are also a number of concerns regarding the behaviour of Bridger during his investigation, cited by Sir Peter Cresswell the presiding Judge in the judicial review regarding Henderson’s case. Kernohan’s attorneys have also pointed out that the withholding of the Chief Justice’s rulings regarding the denial of the warrant requests, which was critical information exonerating in part Kernohan, constituted malice.
Kernohan’s spokesperson Legge noted that the question arises as to why the Governor, upon reading the Chief Justice’s ruling, did not immediately re-instate Kernohan to his post. He said instead, Governor Jack and SIO Bridger, with the knowledge that no criminal offense had taken place, began to explore the lesser common law offense of “misconduct in public office,” a decision which allowed Bridger to extend his stay in the Cayman Islands for many more months along with an expenditure of untold additional public funds, Legge noted.
During the investigation Kernohan left the Cayman Islands to be with his father, who was terminally ill in the UK. Following his departure and the passing of his father, Jack ordered Kernohan to return to Grand Cayman. However, Kernohan, through his attorneys, refused, contending this Governor had no authority or power under law to order him to return, since he had not been charged with any crime or been placed under “house arrest.” On numerous occasions Kernohan’s attorneys reportedly asked Governor Jack’s counsel to cite in law where the Governor had lawful authority to restrict Kernohan’s travel or residence and according to today’s statement from Kernohan no legal basis for the demanding his to return to Cayman has been forthcoming.
Category: Headline News
It is essential that the Legal Department (and other key decision making bodies of Government) must be headed by a qualified Caymanians. This is not anti expat – it is just the way it must be and the way is in every other country in the world. It is incredulous that Caymanians allow this situation to continue.
"Has anyone else come to the conclusion – that the whole ongoing mess with wrongful arrests, investigations etc that we have seen over the last couple years all apparently have one thing in common? …Very poor legal advice and judgement!"
I recall that the "legal adviser" who told them to arrest Judge Henderson not only isn’t a lawyer qualified in the Cayman Islands (unlike the thousands of lawyers available here), but he isn’t even a practicing lawyer in any other jurisdiction (no law licence, no insurance, no qualifications).
And you’re right – there are a great many senior Caymanian legal professionals who could have properly advised on this, as well as qualified resident WP expat lawyers for that matter. Going to an unqualified foreign "advisor" for wrong "advice" is unforgivable.
Has anyone else come to the conclusion – that the whole ongoing mess with wrongfularrests, investigations etc that we have seen over the last couple years all apparently have one thing in common?
Very poor legal advice and judgement!
And you know something else – there is not a single caymanian of any seniority in either the judiciary or the legal department or within the legal consulting agencies used.
CAT IN THE HAT
I am wondering if Top Cop and Jones had a Cat in the Hat, why they were let off with a kiss.
Ummmm, strange. I hope Burmon Scott is paid his money, then we can sing "Take the ribbon from your hair"
Interesting when I tried to tell the truth on this site about who was in the know and who wasn’t and why perhaps they were being protected – rememeber Masonry is big on Cayman – my comment was filtered out. i wonder why? Questions questions…..
CNS: Gossip disguised as fact from "Anonymous" is automatically deleted.
YES CAYMAN HERE COMES MORE LAWSUITES AND CUC GOING UP ON THE LIGHT BILLS AND THE SUPERMARKET IS STILL RIDICULOUSLY HIGH. Tell me how we the lower class Caymanians going to make it in this beautiful Islands of ours when we still only makeing the lower part of the Salary scale. SOMEBODY PLEASE HELP US i’ve listen to most of the political party’s and i have’nt heard no one speak on helping us the this delemma.
Hey u tink dis spellin bee or woh? weh u tek dis ting fah!!! sighin like a fryin furnisss. Sum bodies talk some sence inn’uh him nuh!
cho! ieng!
Yes, for all those school teachers out there who are triumphant over some spelling errors — you are all so smart but what do you have to say about anything? That is what the forum is about — ideas, not spelling.
For those worried ’bout da spellin’:
— yes, no such word as "attemption" — thoughts going faster than the fingers, obviously; The writer meant "attempt";
–"nom de plume" is correct.
– "breath" is the word the writer intended. "breadth" is a different word, obviously.
I am glad to see that you are all reading out there — but try to concentrate on the ideas — the spelling is not what is critical here. When people are dashing off a response before setting off to work on a Monday morning, dem doin ‘av time to check da spelling.
"Spelling, Spelling! Really! …breadth? …."none de plume"….attemption???? … sigh"
The speling natzi striks agin. I git a nom de plum fer ya up thar.
PS "Breadth" is a word, though the attemption at a none de plume dint wurk so wel.
loosin up, fool
To al of you who spoke ill of Mr. Kernohan and the Politicians as well. Eat your words now, i have been tirelessly standing by Mr. Kernohan’s side on this news blog site from the get go, all i can say to all of you now is I TOLD YOU SO!! That Mr. Kernohan was the best we ever had and i am still deeply saddened that he is gone. I have even been accused on this news blog by other anonymous that i must be inlove with Mr. Kernohan or something like that. I know honesty when i see it, Mr. Kernohan was honest and not corrupt. He would have made a huge difference to this country in having a great Police Force and Investigations on Crime!! I am so sad he is gone.
Look at what he said: "It has been an absolute disgrace. This high cost to the people of the Cayman Islands is not only measured in millions of dollars but also on the impact on law and order and the Caymanian reputation,” added Kernohan, who learned that the criminal investigation was closed through his attorney’s Campbells on Thursday. “My greatest regret is not being able to finish what I started with the fine officers in the RCIPS and the people of the Cayman Islands. Bridger has gone. Jack needs to follow him now.”
Mr. Kernohan, i know deep in your heart you mean what you say that you are deeply saddened that you could not finish what you started here as the Chief. That’s what i kept saying from the get go, that you were not even given enough time to prove yourself. You were a Great Chief!!!
I miss you Mr. Kernohan. They should reinstate YOU!!!
God Bless.
May you win a couple million in your lawsuit against this Government!!
maybe we can just give the helicopter to kernohan as settlement for his upcoming lawsuit……
figure the savings on maintenace and upkeep of the all but forgotten flying machine would more than offset the cost……… we already bougt the dang thing… might as well get ridof it in exchange for settlement …………
This is the exact reason why we need to say YES to the proposed new Constitution… we as a people will havee more say on what happens in our government specifically with the police.
Reading this reminds me of Minister Clifford’s prediction concerning this matter about 8 weeks ago on both the Rooster and Radio Cayman talk shows. His predictions then have come true and now we face more law suits because of this Governor. Minister Clifford’s call then for this Governor to be recalled by the UK was in my view correct……..and although the UK has now announced that Gov. Jack wil leave the Cayman Islands in November 09….the question is – can we as a country afford to keep this Governor around that much longer. I would seriously recommend against that.
I would still be VERY concerned about the reason Kernohan initially called for the corruption investigation. That and not the FCO are what is at the centre of this (although that does not exclude the FCO).
Kernohan felt he needed external help – therefore he did not trust the local powers that be. For good reason or not? Well, they’ve certainly put him in his place – if he was right.
As Knal knows better than most of us, it is a non sequitur to suggest that because the Governor "knows all," he "knows best."
Nevertheless, I appreciate her quoting from "The Legge Report" (http://www.leggereport.com). My guess is her tongue was in her alluring cheek or, barring that, she was being, well, just plain cheeky.
In either case, I’ll bet Knal a Cayman dollar that I know more about this sordid mess than the Governor knows I know. While "The Legge Report" has been somewhat somnolent in recent weeks (magazine and book duties have called), I’m going to start posting to it more regularly, especially on this subject. I hope CNS viewers will visit from time to time, and my viewers will continue to read, and support, CNS.
"It remains to be seen when, or whether, Governor Jack will step forward to take responsibility for his role and the wreckage that remains in the aftermath of Operation Tempura." The Legge Report 01 May 2009
The Governor knows best. The Governor also knows all. The Governor is the head of what purports to be the governing system of Her Majesty’s British Overseas Territory the Cayman Islands, and that is why this whole thing is nuts. Is His Excellency the Governor of that Territory stupid? No. Is he reckless? No. Does he have all the facts at hand on which to predicate his decision in this matter. We don’t know. We must presume that he has method in his apparent madness, as the FCO are so far apparently still satisfied with the manner and process of his actions or otherwise. Cackhandedness is merely an opinion of his manner of execution, as there is apparently not yet another reason for the manner in which the investigation has to date been carried out.
The Governor has not yet spoken on his manner of dealing with Kernohan, Jones et al, and he may not feel a reason to do so- it is after all his indulgence, one way or the other. The simple matter is that his somewhat opaque manner of determining this matter has not done much to still the rising voices of secession, and that’s the pity. Arrogance has always been the Achilles’ heel of the English…
In my opinion, the time frame of 4 -5 years is right on the money. If you think that a referendum is mandatory, well, think again. Do you think that UK citizens were consulted about joining the EU? Ask the former residents of the Chagos islands or any Hong Kong Chinese if they were offered a referendum?
As long as a democratic face is painted on, some sort of headway is made into alleged corruption and financial / tax information controls appear to be in place, the UN mandate is complete.
Once all this is in place, the ‘duty of care’ from the UK is signed off the check list and the final bill for the judiciary is paid.
The script is written, the actors have been selected, the venue booked. We just have to sit back and watch it play out.
Knal, re Sun, 05/03/2009 – 12:20.
You are waffling. What is that you are trying to say exactly?. How is it that you still assert that the Governor knows best and the Governor knows all? In what way does the investigation and his oversight of it reflect that he knows best or knows all? It seems fairly plain that he made serious blunders. The whole thing became a runaway train with significant damage to personal reputations and the reputation of these Islands, and a big impact on the public purse. What does he have to show for it?
I suggest that Kanl L Domp (what an unfortunate none de plume) give it up before he (women are usually not so lost when it comes to figuring things out) ties himself up in any more knots. Sometimes silence is the better part of valour.
First Knal says, "The Governor knows best. The Governor also knows all." (Evidently, Kanl is somewhere back in the Dark Ages of the Divine Rights of Kings. Apparently, in his view, the Governor can do no wrong. Fortunately, this is no longer the prevailing attitude of the populace with regard to British Governors; unfortunately, however, Governors continue to remain unaccountable to the people, constitutionally or otherwise. There is a reason for that, Knal allows, however, as explaining to the public remains "at his indulgence". You see, the King does not need to explain anything.
Knal’s sweeping statement of Divine Right is then followed by an attemption at rationalising this conundrum: He tries to puzzle it out: Is the Governor "stupid" or "reckless"? Oh, wait a minute: "No. Does he have all the facts at hand on which to predicate his decision in this matter."
Which brings us back to argument number 1: does the Governor know all or not, Knal? Get a grip.
Further, if the Govenor does not have all the facts, who does? And why is he making or supporting decisions on insufficient evidence? Come on Knal, try to think straight.
Take another of Knal’s logical fallacies (qu oting directly from the Book of Knal): "We must presume that he has method in his apparent madness, as the FCO are so far apparently still satisfied with the manner and process of his actions or otherwise. Cackhandedness is merely an opinion of his manner of execution, as there is apparently not yet another reason for the manner in which the investigation has to date been carried out."
Lord help us! So if the FCO is "still satisfied with…his (the Governor’s) actions…" then we must deduce that there must be some underlying explanation for the "cockhandedness"? (Even Knal had to go there).
What kind of reasoning is that? When since has the FCO become the yardstick of propriety? And furthermore, how do we really know what the FCO thinks? They are not going to hang one of their own out to dry.
So poor Knal is left pleading and hoping for another "reason" for his own alleged "cockhandedness" on the part of the Governor.
Hope Knal is not holding his breadth.
Spelling, Spelling! Really!
breadth? …."none de plume"….attemption????
sigh
why is it that we, the Cayman Islands, have to say for these investigations? If they’re not something under the control/auspices of OUR elected officials but instead as a result of the UK/Governor’s requests and control then surely the UK should have some responsibility to bear or share costs for *their* mistakes.
It’s like they’re basically screwing us over and over again and don’t give a damn about it. Our country can’t afford to lose these millions unnecessarily.
Can we challenge the UK with this?
Thank you to the above poster, for reminding me that the “Levers Drama” will be heard in Court shortly. Next week I believe. ????
Get ready Cayman – CNS, that one is sure to be followed very closely by the public.
Cayman never seems to get boring these days with all the “hot topics” coming one after another.
Following that we will have the General Elections and for sure, the challenge to a least one candidate who wins in Bodden Town.
Perhaps, Operations Clealt, will bring us some more “headlines” thereafter as well.
AND THE BEAT GOES ON !!!!!!!!!!!!
Amazing. It’s as if Martin Bridger came to the Caribbean, picked up a lovely drink called the Cayman Islands, stirred it with his pecker and then left for home.
In reference to;
Amazing. It’s as if Martin
Amazing. It’s as if Martin Bridger came to the Caribbean, picked up a lovely drink called the Cayman Islands, stirred it with his pecker and then left for home.
Classic
This debacle has been put to rest just in time for the next crass gossip fest, the Levers’ tribunal.
If you want to become an overnight millionaire all you have to do is to get caught up in this here investigation. What a bunch of imcompetent but filthy rich investigators($4M dollars rich I beleive).
It was a witch hunt all along. In every country there is some corpution and can easily be swept under the rug. Same with here. Big "public" investigation but you cant see the results + outside investigator = burining the duty payer and the public and with no clear difinitive result to more forward to fix the problem. then the cycle continues.
I am apallaled by the mentality of some individuals who would blame the PPM for everything that happens in Cayman. Well there are 18 days left to go for election it will suprise us what other nonsense will be blamed on the PPM.
The “allegations” have all been a load of rubbish since the Chief Justice ruled that no criminal offence had been committed. The Governor – as we know now from the statement released – knew about the entry to Cayman Net News all along – it is that therefore beyond belief that the Attorney General did not also know of the entry into Cayman Net News. Therefore how can Jones have committed any diciplinary offence since if his actions were known of by the Commissioner the Governor and the AG? It is not and never has been suggested he was on a frolic of his own! How can Dixon have been arrested for the same offence that Henderson was arrested for and Henderson’s arrest be unlawful but not Dixon’s. How can the police complaints department ignore compalaints about police officers who Grand Court judges have ruled are “wilfully incompete and indolent”. Questions questions…..
So $6,000,000 million CI spent thus far and we now read this. Remember we haven’t even settled with Burmond Scott who is the greatest victim and the most effected in this whole Operation Tempura saga. Now we read that Kernohan, Jones, and likely Rudi Dixon will have to be awarded monies in a lawsuit as well. I suspect that there will be no convictions achieved in the upcoming trial of Rudi Dixon as the "pale faces" no longer have credibility.
May I suggest that before any settlement is made to Kernohan, the"Invisible Helicopter" monies of $1.8 million CI should be subtracted/withheld prior to it’s final resolution.
However, what is more worrying, is that we still have so called "Operation Cealt" ongoing and God only knows how many more "farces" they will uncover and so, the saga once again continues.
Isn’t it amazing that the "pale faces" once again have entered our shores in disguise and just as predicted, caused havoc and then quietly left our jurisdiction unknown !!!!!!!!
I’m hoping however, that when "Jack the Cayman Ripper" leaves as well, there will be many protesters with banners at the airport reading, "Jack the Cayman Ripper, Good Riddance" I intend to to be there and I want CNS with their best camera loaded and fully charged to cover the event.
I predict that in about 4-5 years time or so, there will be a referendum held for the Cayman Islands for "Independance" from the UK. And just maybe, it will be the best thing for us, under the circumstances that the Cayman Islands will likely find herself into by then.
Do you really believe the UK Government with Gordon Brown and others, gives a "Rat’s — — — about the Cayman Islands ?????
Dog eat "ya suppa" breakfast and lunch too, if you believe that !!!!!!!!!!!!
That Governor put us in a bad mess with that! how could he out of the blue suspect them and then clear them…the Cayman ppl should not have to pay for that. I think he should have thought out that operation before he cost the Cayman Islands so much money…I dont trust this whole operation it is very fishy!
Hey guy…. WHO would not had know that Stuart Jack would find nothing wrong and then all the wrongdoings are NOT wrongdoings….
But would be "Rightdoings" issued by Jact Stuart, and then…. ? All is BADDOINGS and Caymanians PAYUP and Shutup.
Then we must ask…. Why do this always happen to Caymanians.. ?
Let me answer that. "Simply because we have the "WRONG" people in the right places to instill all this sort of "Wrong Doings" layed upon us.
Let us do it this way…. Take out Jack Stuart, Samuel Bulgin, Anthony Smelle, all Corupted Judges, all Corupted Police, Kurt Tibbetts, Alden McLaughlin, McKeeva Bush, Charles Clifford, Anthony Eden, Ralston Anglin, Cline Glidden, Eugene Ebanks and make all those who have created in our Cayman Islands have their Bank accounts freezed and ALL payments deducted from their Bank Accounts…. And BAN Them from the Cayman Islands and that is THAT….
Only For Caymanians
Thanks heavens the verdict is left in the hands of the court, and not the public opinion of those that voiced their comments on CNS’s website. Having closely followed this case since inception, it is apparent that two innocent people were condemned by some of the people they were trying to serve. A public apology is long overdue for a start, followed by a formal apology from the Governor. The victims are entitled to remuneration as their lives have been horrendously impacted for no reason. Sadly the Caymanians will be footing the bill for an investigation that was out of their control. Not only have the careers of Kernohan and Jones been ruined by the implications, but more imporantly they have been personally compromised. Let this be a lesson to those that don’t believe that people are innocent until proven guilty. Let’s also try to follow the Golden Rule and "Do unto others as you would have them do unto you."
it is rather unfortunate that these twogentlemen had their names dragged through the mud now for over a year . At least their reputation has hopefully been restored and they can put this behind them.However, its obvious that more law suits are going to come i am sure will no doubt cause the CI people millions more. In all we are going to spend close to 10-12 million dollars by the time this is all over and at the end of the day was it all worth it. For the police i could think of many projects that the RCIPS so desperately need to fight serious crime such as drugs and firearms trafficking, training, employing the 30 officers shortfall, paying overtime to officers working on major crime investigations, and the list goes on. Instead what are the end results; Dixon charged for an offence that even the most junior detective could have investigated. i am sure it didn’t need 10 million dollars and a top scotland yard investigator to investigate an offence that more than likely will end up in a fine, if convicted. Didn’t the RCIPS CID investigate and charged two cops for far more superior crimes and who both went through Grand court trials and were both convicted and sent to jail? what did it cost for both inquiries; nothing more than the salary these detectives are paid I’m sure. at the end of the day, the CI people are going to be asking themselves; "was this all worth it". everyone was on the band wagon when this became known publicly, because as usual the CI’s are renowned for its marl road rumours and gossip community that corruption is the first word that comes off their mouths when speaking about government or one of its departments. hardly anyone unless we are educated speaks from facts. All you can ever hear from our mouths is " well thats what someone told me", but we never truly have the facts…and we wonder why the expats call us typical.
This whole thing is nuts…
… more importantly, however, Jack has driven a wedge between Her Majesty and Her Loyal Subjects in the Cayman Islands in a manner of effectiveness that has even the Secessionists dumbfounded. So incredibly cack-handed, I have to form the opinion that this whole episode was by design, not accident.
"This whole thing is nuts…"
Knal, a few months ago you argued that "Governor knows best" and this would be revealed by the outcome of the SPIT investigation.
In view of the finding in respect of the former Commissioner is is likely that the case against Mr. Martin will also collapse. Since it has been ruled in respect of Justice Henderson that "misconduct in a public office" is not arrestable offence it seems clear that Deputy Commissioner Dixon will also have a case of false arrest. Mr. Bridger is now gone in disgrace, notwithstanding the ridiculous comment by the Governor that he is glad he came.
It seems you have now eaten your words. Can you please explain your current position.
Knal N. Domp..as always you’re right on the button. "I have to form the opinion that this whole episode was by design, not accident".
IMHO there’s more to come. THIS IS ALL CONNECTED TO THE LARGER SCHEME TO ‘NAME AND SHAME’……..and then set us adrift. Caymanians need to be preparing for what’s ahead. Mother England is not going to want to be associated with ‘this child’ for much longer.
"Knal N. Domp..as always you’re right on the button".
You clearly have not been following what Knal has been saying about this. This appears to be a reversal of her earlier position that this investigation was all justified and this would be revealed in time.
It is good that the matter is closing, but saddening that the mis-managed events happened at all.
Were I Caymanian, I would be livid beyond self-control. SIO Bridger is clearly the most useless piece of XXXX ever to dirty the lands of the Cayman Islands.
Yeah I bet Mr R Dixon will unfortunately be found guilty of wrongdoings, that’s how it usually works out for caymanians.
In response to ‘Yeah I bet Mr R Dixon will…’, you sir/madam need to give your head a shake. The courts will determine if Mr. Dixon is innocent or guilty, and he will be given a fair trial the same as all of the others. It’s time to quit playing the victim and acknowledge that not all Caymanians are law-abiding. There are bad apples amongst all cultures and races.
Here comes more lawsuits!
This would be so hilarious if it were not so damaging to the country, but I had to chuckle nevertheless, though there was little mirth felt.
Long ago any bystander without direct access to the facts could have predicted this — in fact, many, like myself, did predict this.
I am so saddened and so hurt that this whole debacle has occurred — there are no winners here.
Another sad day in the daily grind of these beautiful islands, I say you politicians need to step up to the plate, stop pussy footing around and get good trained caymanians for these jobs, at least if they screw up and file law suits the millions stay here not back with the limeys,they could not give a rats ****** what happens to us,as long as we sit back and allow this to happen they will do here what they do in any other country they go into,conquer and destroy. Damn
PPM can stop worrying now.
What an asinine comment.
Oh yes they can stop worrying now, no lawsuit, lots of b/s+++ covered over, do any one smell a rat ,or better yet, rats