Petition for removal of Cayman Islands Attorney General started
Cayman Islands People-Intitiated Referendums have started a petition to Cayman Islands Governor for removal of Cayman Islands Attorney General
The following is taken from the Petition found on the Change.org website.
PETITION FOR REMOVAL OF ATTORNEY GENERAL SAMUEL WASHINGTON BULGIN QC, JP FROM OFFICE FOR CAUSE UNDER SECTION 106 OF THE CONSTITUTION OF THE CAYMAN ISLANDS
WHEREAS I the undersigned elector and/or petitioner, recognise that independence of legal officers in the government is an important part of our democracy and pursuit of the rule of law but also recognise that the quality of legal advice emanating from the Attorney General has to command respect from the community;
AND WHEREAS under section 9(1) and (2) of the Public Service Management Law it is provided that the Governor, in appointing the Attorney General, shall satisfy himself that the person to be appointed has the necessary skills, knowledge and integrity to carry out the duties required of the position concerned in a highly competent and politically neutral manner;
AND WHEREAS I the undersigned elector and/or petitioner is of the view that the Attorney General, Samuel Washington Bulgin, QC, JP, has failed to show that he is able to carry out his duties in a competent and politically neutral manner;
AND WHEREAS, under section 106(1) of the Constitution power to the appointment, removal and exercising of disciplinary control over the Attorney General rests with the Governor acting in accordance with the advice of the Judicial and Legal Service Commission;
AND WHEREAS I, the undersigned elector and/or petitioner, have reached the conclusion that the fitness of the Attorney General to continue in office needs urgent inquiring into with a view to ascertaining whether the Attorney General is fit to remain in office;
HEREBY REQUEST THE GOVERNOR TO:
1. Direct the Judicial and Legal Services Commission to conduct an inquiry into the manner in which the Attorney General has performed his duties since his appointment, including but not limited to:
(a) his role in the case of Chantelle Day v Governor and whether he did his best to defend government’s position in that matter;
(b) his role in the events leading up to the Tempura investigation and his role in that regard after its conclusion;
(c) the extent to which he has adhered to or flouted tender procedures in hiring attorneys to defend cases before the courts of law;
(d) whether he has undertaken unnecessary litigation resulting in undue loss of money by government;
(e) whether he has given consistent and reliable legal advice in legal matters including but not limited to the refusal to register beach accesses and the legal advice given in relation to TLEPs;
(f) the extent to which, if at all, he has promoted the interests of foreigners at the expense of Caymanians in the hiring and treatment of staff;
(g) his practices and any role he may have played in recommending persons for the grant of the status of Queen’s Counsel in the Cayman Islands; and
(h) any other matter relevant to his exercise of the functions of Attorney General.
2. Direct the Judicial and Legal Service Commission conduct inquiries and, in that process, receive evidence from the public regarding the matters stated in paragraph 1 make recommendations to the Governor.
3. Suspend the Attorney General from office under section 106(8) of the Constitution pending the inquiry so as to preserve evidence.
4. Consider, at the end of the inquiry, whether it would be appropriate to remove him from office.
