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Minister calls for more power
(CNS): Accusing the current Governor Stuart Jack of being “very political", Education Minister Alden McLaughlin has once again called for more power for elected officials, suggesting that the current situation where the administration is expected to take all the responsibility for things when they have none of the authority is an invidious position for any elected government.
Speaking about the current police investigation, the helicopter debacle, issues surrounding the status of the suspended Police Commissioner Stuart Kernohan, and even the failure of civil servants to submit their accounts for audit, as recorded in the Auditor General’s report, the Minister complained that the government was powerless to address certain things because of the current constitutional arrangements. Pushing the need for serious constitutional change, McLaughlin said that the situation was unacceptable.
At Thursday’s Cabinet Press Briefing the Minister complained that the elected members of government had only heard from the Governor a short while before he made the public announcement about Kernohan’s failure to respond to official requests to return to Cayman. Even though they had discussed the matters in Cabinet on Tuesday (9 September and the day before the Governor’sannouncement), the Governor had reportedly failed to update the elected members on Kernohan’s failure to respond, which he has since denied.
“The Governor tells us what he thinks we should know, what he deems fit,” said McLaughlin. “This is all to do with the constitutional problem of elected members having to face the responsibility but having none of the authority. We have no mechanism to find out anything; no one is obligated to respond to our questions.”
Demonstrating his frustration over the elected government’s exclusion from certain decisions as well as policy surrounding all police and security matters, the Minister said there was an undue deference given to the Governor and the media let him get away without scrutiny. “While we are sitting targets, the media has a reverence for the Governor’s office that is unhealthy. This Governor is very political and he ought to stand up to scrutiny,” he said.
He called for elected government to have much more involvement in policy matters, and noted what he considered to be the irony of the current situation in that all the major problems concerning good governance were matters that fell under the Governor’s area of responsibility, including the police investigation and the financial reporting problems within the civil service.
While the public thinks the failure of financial officers to do their job is the responsibility of government, McLaughlin said it is not a matter that the elected government has control over, and while theyhave some influence they have no real authority.
He said that significant constitutional change was required to change the situation or every future elected administration would face the same problem as the current government. He explained that when things like the AG’s report which noted the failure of the civil service to comply with the PMFL came to light, the Chief Secretary or the Governor did not stand up and take responsibility for those issues.
“These are serious governance issues that will not be sorted out unless there is a better framework for the Cayman Islands government to operate in,” he added. McLaughlin said that government had made the strongest possible representations that the present arrangement is unsatisfactory with regard to the overall policy-making and management of the police service.
“The elected government needs to have a greater role to play,” he said.” We have been critical of the way things operate and … we have complained … very strongly about the way generally police matters are dealt with, the lack of information we get in relation to investigations such as the Kernohan issue and in relation to the helicopter fiasco,” he added.
Top Cop denies he is AWOL
(CNS): Suspended Police Commissioner Stuart Kernohan has called Governor Suart Jack "factually incorrect" after he claimed that Kernohan had ignored three requests to return to the Cayman Islands in regard to the ongoing independent investigation into allegations of police corruption. There also seems to be some uncertainty as to where Kernohan actually is. The Governor said that, as a result of the Commissioner’s continued absense, he was beginning disciplinary proceedings.
Governor Jack said that after granting Kernohan compassionate leave for a considerable period during his father’s illness and subsequent death, he had since formally requested Kernohan’s return.
“Throughout July and August I asked him, through his attorney, to come back on three separate occasions,” said the Governor. “To date the Commissioner has not complied with any of my instructions, and with all three deadlines for his return now expired, he would currently appear to be in violation of the terms of his employment, according to which he can only be absent with my agreement.”
Moreover, there seems to be some uncertainty as to whether the Governor’s office or the investigating team know Kernohan’s whereabouts. CNS asked if they knew exactly where he was at present and the office stated: "The Governor is in contact with Mr Kernohan through his solicitors, and as stated, Mr Bridger will interview him either here (if he returns) or in the UK."
Speaking from an unspecified location through his local liaison, publisher and journalist David Legge, Kernohan denied that he was violating anything. "The Governor is factually incorrect as to the basis of my ongoing leave,” he said in a statement. “I am on leave as required by the Public Service Management Law. In fact, the Governor of the Cayman Islands has no power in law to direct or control where I reside during the course of my period of required leave.”
Kernohan continued, “It is disappointing that the Governor should seek to air matters regarding the terms of my employment in a public forum such as the mass media, including the threat of disciplinary proceedings.”
“In light of this and after careful consideration of all the circumstances, I have decided today to initiate disciplinary action against Mr Kernohan, and will be taking further legal advice regarding his contractual obligations. My decision allowing Mr Kernohan to be with his father was a reasonable one, made in good faith and based on strong compassionate grounds. I take full responsibility for that decision,” the Governor added.
“Mr Bridger also confirms that his team will make every effort to interview the Commissioner regardless of his location,” said the Governor. “I therefore reiterate that regardless of where Mr Kernohan is, the investigation of his alleged misconduct in a public office will continue. I believe it is important to pursue this specific investigation to its full conclusion. In fairness to Mr Kernohan and the community, it is necessary to legitimately prove or disprove any allegations against anyone involved before putting the issue to rest. We must continue to assume innocence until proven guilty.”
Kernohan insisted that he had always made himself available. "I have taken the initiative on several occasions to assure Mr Bridger that I would welcome an interview with him at the earliest convenience," added Kernohan."However last month, Mr. Bridger did notify me that my presence was not required at this stage as part of any ongoing investigation." Kernohan added that the Governor had admitted as much in his statement.
"I can assure the people of the Cayman Islands that I would welcome an outside independent inquiry into all of these matters and those involved, including the Governor, the Chief Secretary, the Attorney General, the Foreign & Commonwealth Office, Mr Bridger and his investigating team," Kernohan said.
In his statement yesterday the Governor also raised the issue of the police helicopter acquisition, saying that its purchase would not form part of Bridger’s investigation but would be dealt with through normal government channels, and a review was under way. “I will be asking the Auditor General to conduct a special investigation into the acquisition of the helicopter. It is in the interest of good governance that we review our processes to establish if indeed adequate checks and balances were in place in this instance,” Jack said. In response, Kernohan said he would shortly be issuing another statement regarding that issue.
Kernohan is currently receiving full salary, as are Deputy Commissioner Rudolph Dixon and Chief Superintendent John Jones, who are also suspended from duty, and in Dixon’s case facing charges. “This issue is unprecedented in the senior ranks of the RCIP and I am currently taking advice on this matter as to whether this arrangement will continue or will be subject to change as the investigation proceeds,” Gov Jack added.
He described the whole investigation as unprecedented with many difficult, multi-faceted issues, which he said prevented him from sharing all of the information with the community as the process moves forward without prejudging certain outcomes or jeopardizing aspects of the investigation. He said he received frequent updates from Bridger and had full confidence in his team.
“Although not always flattering, I do fully understand the passionate expressions of interest from the community in these matters. However, I ask everyone to be responsible in their discussions by focusing on the facts rather than rumour and innuendo. In the end we all have the same goal – to ensure sound and accountable government in the interests of the people of the Cayman Islands,” the Governor said.