When documents asking for documents don’t produce documents
** Mr. Evans has confirmed to me that there’s strictly no connection between Mr Bridger’s documents that he might have in his possession belonging to the Cayman Islands Government and this Court Order.
On July 3rd Cayman Net News’s (CNN) ex reporter John Evans, the Tempura catalyst, was at his home in England when he received an email from M/s Tomica Daley, Cayman Islands’ Senior Deputy Clerk of Courts informing him she had in her possession “an Order in the captioned matter dated June 11, 2013, which necessitates being served on” him.
The email asked him to confirm his current address in England as “to enable service of the order”.
He replied saying he would “accept service of a scanned copy by email”.
He heard nothing more nor did he know what on earth the document could be about but expected it had to do with Operation Tempura.
As Cayman’s Police Commissioner, David Baines, is now handling the charge of Martin Bridger’s Complaint against former Cayman Governor Stuart Jack and two other senior officials including Cayman’s Attorney General, Samuel Bulgin, and has sent out orders requesting all Tempura’s papers belonging to The Cayman Islands to be delivered to him, he suspects this is what it is about.**
Mr. Evans says he has no documents that belong to the Cayman Islands government. The Tempura papers he has are his personal ones only and he is no hurry to give them up.
Evans has contacted his local court and this is what he found out.
Speaking to iNews Cayman he said, “The position of my local court here is that, unless I go before one of the District Judges, they can’t actually serve anything on me that was issued by an outside jurisdiction. In fact there are quite interesting human rights issues under ECHR Article 6 (right to fair trial). A court can’t just order me to do (or refrain from doing) anything without prior notice and calling me to a formal hearing.
“When the document(s) arrive if it’s anything I’m not happy about the plan is to seek a short hearing before one of our local judges and get it all sent back with a request that they do it properly.
He sent a similar message to M/s Daley.
On July 18th he received a reply from the Deputy Clerk of the Court that acknowledged the Order will be served through the Courts and they were “obtaining all the procedural requirements from the Court within your locality, to effect service of this Order.”
Evans replied back saying it was his understanding that a Court in the UK cannot simply serve an Order made by an outside jurisdiction on him and there had to be a formal hearing before a District Judge in order to determine if the Order is lawful.
He also said, as they had not supplied him with a copy of the Order as he had requested, his human rights had been breached. He again, this time formally, requested a copy of the Order.
An even bigger problem for the Cayman Court is that in the Matter of the Freedom of Information Law 2007 when the Governor of the Cayman Islands sought Judicial Review against Cayman’s Information Commissioner after she had ordered certain Tempura documents to be disclosed, Lord Justice Moses who was presiding on 8th February 2013 said:
“It is ordered Mr John Evans has ceased to be a person directly affected by these proceedings, and accordingly there shall be no further requirements to serve documents upon him pursuant to Grand Court Rules.”
I understand discussions are ongoing as to who and/or how this order will be delivered between the Deputy Clerk of the Court and their local legal firm Walkers.
The ex CNN reporter also is very upset he has been excluded from all official dealings with Tempura, especially as he probably knows more than anyone else all the events leading up to the botched attempt on CNN’s Editor Desmond Seales’ office.
Evans has now sent a release to Cayman’s media saying:
“All parties the contents of the Order are noted.
“If, as seems to be the intention, this Order is formally served on me through a UK Court I will seek to challenge the decision to exclude me from future proceedings through that Court.
“I would remind you that the original FOI [Freedom of Information] application and the appeal were authored in the UK and are subject to Copyright. They are not the property of the ICO [Information Commissioner’s Office] to do whatever her office likes to do with them. I have never waived either copyright or confidentiality so you are not free to use any material that I can claim legitimate authorship to without my permission, which you will not get while I am being excluded from the proceedings.”
Evans last comment to iNews on all this is that he believes there is a fundamental flaw in the FOI Law in that it assumes, incorrectly, that when the matter is referred to the ICO they then take ownership of all material produced by the applicant.
“Under Cayman Islands Law that material is confidential,” he said. “The Cayman Islands Civil Service rules (Civil Service Code of Conduct paragraph 5(h)) prohibits any public servant from releasing material supplied in confidence to any third party, including the Court, without prior agreement. Once the Court proceedings are over I intend to raise this issue with the OCC as a gross breach of confidentiality by the ICO. She [ICO – Jennifer Dilbert] even released my comments to the media without prior authorisation.
“Under UK Law that material is also copyright and misuse of it is a criminal offence.”
To date no documents have been served on Evans that we assume will be asking for documents he might or might not have, that even if he has, he will not be providing.
Phew!