We have two stories the same but very different.

I am referring to the outcome of the judicial review between the Governor and the Information Commissioner over the release to the public of documents relating to the Tempura debacle.

Tempura is a tempest that according to the Governor, the Attorney General and the Foreign and Commonwealth Office (FCO)  if unleashed will blow through the Cayman Islands disclosing all sorts of beasts that could defamatory amongst other issues.

Jennifer Dilbert, the Information Commissioner, ruled for the disclosure but her ruling was challenged by the very people who forced the Cayman government to install a Complaints Commissioner.

“Transparency” is the key word no matter how unpalatable it may be was the preaching.

That has come to bite the FCO in the … ahem foot. They have done everything in their power to stop us knowing the contents.

And at what a cost to this country. Millions!

Tempura was not instigated by anyone from this country. No elected politician or official. It was instigated by a governor appointed by the FCO.

The latest saga has brought nothing new except more cost to us.

The Judicial Review of Dilbert’s decision was granted and Lord Justice Moses handed down his decision, except it really wasn’t a decision. What it has boiled down to in the words of a layman like me, is the lawyers, acting for both the governor’s office and the ones acting for the Complaints Commissioner had got it all wrong and have cost this country even more money.

If one reads from both the press releases released the Governor has won and so has the Information Commissioner.

Governor: “Lord Justice Moses ruled that section 54 of the Freedom of Information Law (FOIL), which relates to the disclosure of defamatory material, was not an exemption.

“He also ruled that the Information Commissioner had not considered the public interest test correctly when interpreting section 20(1)(d) of the FOIL – that disclosure of the material would, or would be likely to, prejudice the conduct of public affairs.

“Lord Justice Moses therefore quashed the Information Commissioner’s decision and ordered her to reconsider it with reference to section 20(1)(d). He gave the Governor the opportunity to provide a submission on this.”

Information Commissioner: ““Important clarification of the Law was achieved, as we now know that simply because a record may contain defamatory matter that will not be a basis upon which a public authority can withhold the record. This underlines the intent of the Law which is to provide transparency and accountability even where the content of records might be controversial.

“Having ruled out the issue of defamation, which was the major focus of the parties, the Judge determined that neither party had placed sufficient focus on the exemption related to prejudice to effective conduct of public affairs. As a result, the Judge directed that the Governor develop and submit arguments confined to this exemption, and the Commissioner is to reconsider the matter in light of these submissions and render a new Decision.”

At least the Information Commissioner did at least provide us with a little more information.

It is a pity all the lawyers involved couldn’t have seen the issue of defamation would be ruled out considering this was the issue at the centre of both sides arguments.

It is a pity that we the people of the Cayman Islands still have to foot the bill.

I find it, however, very interesting how two sides can relate facts correctly but can be interpreted so differently.

And we still are no further forward and Tempura is still a tempest spinning around in the Atlantic waiting to bite someone’s …… ahem foot.