In my Editorial on March 7^th in iNews Cayman, I asked the question “Can ICO hand over confidential submissions to third parties?” (go to http://www.ieyenews.com/2013/03/the-editor-speaks-can-ico-hand-over-confidential-submissions-to-third-parties/). I announced that John Evans, who was one of the persons who applied to the ICO for the Tempura papers release, had now withdrawn his FOI Request 46982 to secure release of the Martin Polaine/Martin Bridger complaint and the report by Benjamin Aina (Tempura).

Evans said he was now satisfied “that no useful purpose will be served by wasting what is likely to be a substantial amount of public money pursuing this any further.”

I understand that Jennifer Dilbert, Cayman Islands Complaints Commissioner, has intimated that she doesn’t think Evans’ dropping the Freedom of Information request and the appeal has made a tuppence of difference.

If that is true, it raises the question: Is she really going to try hard and fight the Governor’s judicial review against her decision to have the Tempura papers released? Her arrows in her quiver are becoming less for her to fire.

It might, then, save the Country a lot of time and money if she would perhaps graciously admit she had made a mistake in that decision.

This is especially true now that I have heard Evans is being urged to file a complaint with the Office of the Complaints Commissioner (OCC) against the Information Commissioner’s Office (ICO) for misconduct.

Now that would be a very interesting scenario.

My UK sources tell me if Evans does file his complaint it will include the following:

Misconduct in:

1. The ICO have released/copied/circulated confidential and copyright documents supplied by a member of the public [Evans] without authority.
2. The ICO have ignored specific instructions from that same member of the public [Evans] to cease an appeal process.
3. That continuing employment of Broadhurst LLB in connection with this is illegal use of public funds.

It also raises the interesting question:  Who has control of the FOI request? Is it the ICO or the applicant? In the UK this is very clear – it’s the applicant. In Cayman …?

M/s Dilbert was not available to answer me as she is off island attending a Freedom of Information Conference in Jamaica.

What do you think Evans should do?