August 20, 2019

Cayman: ODPP responds to Cayman Marl Road article

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Issued by: Office of the Director of Public Prosecutions (ODPP)

The Office of the Director of Public Prosecutions (ODPP) makes the following statement in relation to an article published on the  website on Tuesday, 9 July 2019.

The article alleged impropriety on the part of the ODPP, and in particular Senior Crown Counsel Mr. Scott Wainwright, in relation to the conduct of a criminal case.

A thorough review of the case in question, conducted by the current Acting Director of Public Prosecutions, has determined the allegations made in the article to be completely without foundation. There was no impropriety on the part of Crown Counsel or any other person involved in the case.

The article is factually inaccurate in a number of crucial respects.

It was alleged that Crown Counsel sought to improperly influence complainants in the case. This claim is false. The prosecutor’s engagement with the witnesses was at all times legally permissible and is allowed for by the Code for Crown Prosecutors. There was nothing improper about it.

It was further alleged that the Commissioner of Police complained to Mr. Patrick Moran, the Acting Director of Public Prosecutions, about Crown Counsel having contacted the complainants. There was no such complaint.

It follows that there was no warning meted out to Crown Counsel by the Acting Director in respect of this matter as his conduct throughout was entirely proper.

The ODPP further notes that, unfortunately, this Office was not contacted by the writer of the article prior to publication in order to verify any aspect of the allegations made. The publication of baseless and unverified allegations of misconduct on the part of an officer of the Court threatens to undermine the confidence of the public in the administration of criminal justice. Those reporting on such legal proceedings therefore have a responsibility to do so accurately.

Crown Counsel is considering his own action in terms of any civil redress.

Candia James-Malcolm

Acting Director of Public Prosecutions

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