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The Editor Speaks: Tempura won’t go away – yet

Colin Wilson2webStuart Kernohan, former Royal Cayman Islands Police Service Commissioner, has announced he has dropped his legal case relating to the infamous and woefully expensive Operation Tempura debacle, against the lead detective Martin Bridger.

Just in case you are living on another planet Operation Tempura was an internal police investigation that was put into motion by former governor Stuart Jack.

Bridger, in a 2013 criminal complaint, alleged that he was lied to by the former governor, Attorney General Samuel Bulgin and U.K. Foreign and Commonwealth Office advisor Larry Covington. Bridger said, if he had been aware what the three men knew at the time, he would not have pursued the two-year investigation. The cost of which is said to be somewhere from $10M to $30M.

During the investigation that at first had the blessing of Kernohan and then turned sour on him as he found himself under investigation that resulted in him being sacked. He then sued the Cayman Islands government and received an undisclosed settlement that is believed to be in six figures. He also sued Bridger.

In deciding to drop his case against Bridger, Kernohan made a short statement saying in “light of unseen developments and the detrimental impact the legal proceedings have had on the families involved”, he was bringing the matter to a close.

Very nice of him. Almost heart warming.

“I am aware that since I commenced legal proceedings against Mr Bridger there have been a number of unforeseen developments. I am withdrawing the case against him as a consequence of these developments and other factors. In particular I appreciate the detrimental impact that legal proceedings has on the families involved and this has been a major fact in my decision to bring this to an end. My sincere gratitude goes out to everyone that has assisted me throughout this period,” the statement said.

Bridger then issued his statement:

“In 2012 Mr Kernohan and I became aware of facts that were previously unknown to each other. Mr Kernohan has now agreed to withdraw his action against me. My inclusion as a defendant in Mr Kernohan’s action in turn gave rise to other court proceedings being brought against me both in the Cayman Islands and the UK. These proceedings were brought by the Attorney General of the Cayman Islands. These continue to cause the gravest stress and anxiety to my family and me both financially and emotionally.

“I have said publicly and directly to the Metropolitan Police that it remains my hope that all the facts as to how operation Tempura progressed over time will be addressed. Assistant Commissioner John Yates conducted reviews and provided guidance to me and the team throughout the duration of Operation Tempura. As the investigation unfolded, in an effort to try and overcome some difficulties the investigation was experiencing Mr Yates had direct interaction with senior officials at the FCO in London.

“It remains my hope there will come a time when my complaint and the subsequent findings provided by Duncan Taylor are made public (they are currently being addressed by the Information Commissioner), as there are aspects of his findings that provide clarity to Operation Tempura.

“At the moment I am simply glad that all of the claims against me which have dragged on for almost six years, are now at an end.”

The claims he refers to were made by Kernohan.

However, Bridger is said to be under investigation by the RCIPS. This was alluded to by RCIPS Commissioner David Baines 8 months ago!

Bridger, though, said he has not been made aware of any charges being made against him and when he was here in Grand Cayman recently he was not questioned by the RCIPS.

Why?

I am very suspicious of this claim but being old and cynical that’s how I am.

You see, the governor’s office and the UK’s Overseas office want Tempura closed down and no questions asked.

Why?

A Freedom of Information Request resulted in the governor’s office refusing it but the Complaints Commissioner ordering the Tempura documents being released.

The governor, at that time, Duncan Taylor, challenged the decision by way of judicial review. It was then sent back to the Complaints Commissioner – (now a different person).

Why?

After further consideration this Commissioner said Tempura should be disclosed.

The governor, now the residing one, HE Helen Kilpatrick, said ‘No’ and asked for another review.

Why?

Well you see it is for our own good that we don’t know and when that was thrown out the claim that Bridger is being investigated was chucked in and that was enough for Justice Owen who was reviewing it to toss it back to the Information Commissioner for him to take another look. You see if Tempura was to be disclosed it could affect the Bridger investigation that might be taking place and might take a very long time to conclude, if ever! Especially as Bridger has left Cayman and he will have to be found.

Bridger has been reported as saying (see Cayman Compass article published April 13 2015 “Tempura records case drags on” he is aware the information commissioner has a further decision to make in relation to the findings of his complaint made by Duncan Taylor.

“If I were asked by the information commissioner to make an affidavit in respect of those matters, I would not for one moment hesitate to do so,” he is reported as saying.

So over to you Complaints Commissioner.

If the RCIPS investigation of Bridger falls away, then automatically the law enforcement exemption does too.

That means Tempura documents will be released.

Right?

I wouldn’t bet on it.

Tempura is not going away – then. My bet is placed.

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