September 18, 2020

Cayman Islands lawyer asks country’s AG 10 questions and complains to Dep Governor

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Question-and-AnswersCayman Islands lawyer, Peter Polack, has sent us a public email asking the Cayman Islands Attorney General ten questions:

Due to insufficient response or record keeping to FOI replies the Attorney General is requested to answer the following questions in the public interest.

1. Number of official visits made to the ODPP 2010-2014 stating the purpose and duration of each visit.
2. Number of unofficial visits made to the ODPP 2010-2014 stating the purpose and duration of each visit.
3. Whether the DPP and the Attorney-General have discussed any criminal case prior to the DPP exercising her power section 82 of the Police Law 2010-2014.
4. Purpose, duration and destination of 17 official trips off island 2011-1013 costing almost CI$150,000.
5. Purpose, duration and destination of official trips off island for 58 days on official business in 2010.
6. Purpose, duration and destination of 102 staff official trips off island 2011-1013 costing almost CI$220,000.
7. Reasons outside counsel retained 27 times between 2011-2013 at a cost of almost CI$1,000,000.
8. Reasons employees were given permission for second jobs including one allowed to practice law externally.
9. The number of days of travel with the former Premier on official business 2011-2012 to include the days, destinations and days and accompanying government officials.
10.Whether any travel expenses and accommodation were paid for by a third party 2010-2013.

The lawyer concludes the email with a quote from George Orwell:

“In a time of universal deceit – telling the truth is a revolutionary act.”

And before the above Polack sent us email correspondence between himself and Franz Manderson regarding a complaint re William I Wood JP

To: Deputy-Governor From Peter Polack

Further to my six (6) emails of 13 July 2014, 22 September 2014, 25 September 2014,29 September 2014,6 October 2014 and 12 October 2014 kindly advise status of complaint against Justice of the Peace William I. Wood originally made to the Clerk of Court on 13 July 2014. Some three months after the complaint on 12 October 2014 the Clerk of Court notified me that the JP regulations were not in force hence the referral of the complaint to you.

I am yet to receive an acknowledgement of the complaint sent to you on 12 October 2014.

The Summary Court requires this information for a pending criminal proceeding.

By copy of this the secretary of the presiding Magistrate is so notified.

To: Peter Polack From Deputy Governor

Thank you for your email below. I can only confirm the information supplied to you my the Clerk of Courts and will provide an update when the JP Regulations have been approved by Cabinet and Gazetted

To: Deputy Governor From Peter Polack

Your prompt reply is appreciated.

I await the Clerk of Courts notification as to when this complaint will be belatedly dealt with.

To: Peter Polack From Deputy Governor

I must admit I am struggling to understand how we can be asked to respond to a complaint filed pursuant to Regulations that are not in effect.

It would seem to me that we cannot properly deal with the complaint even belatedly as the Regs were not in effect when you filed the complaint.

To: Deputy Governor From Peter Polack

There is no struggle.

The government announces new regulations in January 2013 after repeated JP debacles and proceeds to have seminars up to May of this year at no small cost to the public purse to implement these regulations.

My complaint is made in July and three months later it is discovered that the Regulations have not been put into force, nine months after the announcement. It is likely that a year will pass before the Clerk of Courts will finally be able to do her duty under the Regulations.

I lay no blame at your feet as you are not the person charged by the Constitution to effect laws and regulations. However in default of the regulations it is my understanding that any complaint against a JP should be made to you.

The struggle lies in the lack of accountability and oversight in some portfolios that allows such crass negligence and dereliction of duty to persist without sanction or reprimand.

I rely on the Clerk of Courts to notify me when the Regulations are put into effect and ask that she process the complaint of 13 July 2014 at that time as a complaint at that date.

I sympathise with your efforts to modernize an ancient colonial bureaucracy in circumstances when some relics persist in burdening the people of the Cayman Islands. A good actor who impersonates a real person always knows when to leave the stage.

IMAGE: www.aquariusteachings.com

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