By Georgina Wilcox

The embattled Cayman Islands Commissioner of Police, David Baines, whose resignation announcement has just been made is the subject of an integrity test request.

West Bay Member of the Legislative Assembly, who is also Deputy Leader of the Opposition Bernie Bush, has requested the test.

Bush was also the MLA who had issued a complaint containing 20 items of alleged misconduct by the Police Commissioner that resulted in the Commissioner responding;

“Mr Bush, once again, demonstrates his ample capacity to repeat rumor, speculation and gossip without checking the facts, thereby speaking with total confidence from a position of total ignorance.

“Why let facts get in the way of a ‘grandstanding’ media headline? I will assist any inquiry or action initiated by Her Excellency the Governor. My only regret is the waste of time and public money these misrepresentations and false accusations will cause in having them addressed to the satisfaction of all concerned.

“Thereby speaking with total confidence from a position of total ignorance.”

The new request was sent to the RCIPS for the attention of DI Richard Oliver:

You are requested to conduct an integrity test of the Commissioner of Police and Chairman of the Anti-Corruption Commission as per below:
1. Has the Commissioner and/or a member of the RCIPS acting on his instructions or otherwise ever failed to submit a file to the DPP in breach of section 82 of the Police Law or otherwise.
2. Has the Commissioner and/or a member of the RCIPS acting on his instructions or otherwise stopped any prosecution by offering no evidence or not proceeding after a person has been arrested and/or charged in breach of section 82 of the Police Law or the inalienable powers of the DPP under the Cayman Islands Constitution 2009 or otherwise.
3. Has the Commissioner and/or a member of the RCIPS acting on his instructions or otherwise ever issued a letter to a member of the public to confirm that the member of the public has never been arrested or charged with a criminal offence in the Cayman Islands.
4. How many letters has the Commissioner ever issued to a member of the public to confirm that the member of the public has never been arrested or charged with a criminal offence in the Cayman Islands.
5. Has the Commissioner and/or a member of the RCIPS acting on his instructions or otherwise ever issued a letter to a neighbor and/or social contact of the Commissioner of Police to confirm that the neighbor and/or social contact has never been arrested or charged with a criminal offence in the Cayman Islands in circumstances where that neighbor and social contact as well as others were arrested on a boat by the RCIPS Marine Unit where ganja was found thereon.
6. Has the Commissioner and/or a member of the RCIPS acting on his instructions or otherwise ever issued an instruction to discontinue a prosecution and/or investigation and/or offer no evidence in the case of a person arrested or charged with the criminal offence of driving whilst under the influence of alcohol or other alleged offence in the Cayman Islands.
7. Has the Commissioner and/or a member of the RCIPS acting on his instructions or otherwise ever received a communication from a member of the public and thereafter issued an instruction to discontinue a prosecution and/or investigation and/or offer no evidence against said member of the public arrested or charged with the criminal offence of driving whilst under the influence of alcohol or other alleged offence in the Cayman Islands.
8. Has the Commissioner and/or a member of the RCIPS acting on his instructions or otherwise ever ceased an investigation or issued only a warning or failed to submit a file to the DPP before or after of the completion of investigation of any person for an alleged offence in the Cayman Islands.
A timely and full response is required as a motion on the governance of the RCIPS is shortly before the legislature.
By copy of this email the DPP is requested to advise you of the following:
1. Number of cases where the RCIPS have filed charges but taken no further action to bring the matter to court and reasons therefor.
2. Number of cases where the RCIPS have filed charges with court proceedings but the RCIPS have requested that the cases be terminated and reasons therefor.
3. Number of cases before the court that the DPP have been requested by the Commissioner and/or a member of the RCIPS acting on his instructions to terminate any charges or court proceeding.
4. Number of cases where the RCIPS have filed charges but any further action is unaccounted.
A timely and full response is required as a motion on the governance of the RCIPS is shortly before the legislature.
By copy of this email the Court Administrator and new Chief Officer of the Portfolio of Legal Affairs is requested to advise you of the following:
1. Number of cases where the RCIPS have filed charges but taken no further action to bring the matter to court and reasons therefor.
2. Number of cases where the RCIPS have filed charges with court proceedings but the RCIPS have requested that the cases be terminated and reasons therefor.
3. Number of cases before the court that the DPP have been requested by the Commissioner and/or a member of the RCIPS acting on his instructions to terminate any charges or court proceeding.
4. Number of cases where the RCIPS have filed charges but any further action is unaccounted.
A timely and full response is required as a motion on the governance of the RCIPS is shortly before the legislature.
Regards
Bernie Bush
MLA
West Bay