11^th December 2012

 Received by iNews at 5:36pm (corrected version) – see our note at end of Statement

The people of the Cayman Islands will be aware of the arrest this morning of the Hon Premier of the Cayman Islands. Statements have been issued by HE the Governor, and by the Deputy Premier, on behalf of the caucus of the UDP majority*. Major institutions representing the international media have taken a keen interest, and a number have picked up the story.

An occurrence of this nature cuts deep in our small and close-knit community. The reputational impact affects us all to a greater or lesser degree. I am moved to make this short statement at this point, in response to two related concerns:

First, there is clearly a need for a strong reminder that in our common law jurisdiction, criminal investigations follow a certain due process. In the present case, we are at the first stage in that process, the stage at which there is a suspicion of a criminal act or acts having been committed, and those suspicions are being investigated by the police.

The next stage, is for the findings of the police to be submitted to the Director of Public Prosecutions, who will make a determination as to whether those findings will support criminal charges being laid. It is only if that determination is made in the positive, that charges are then filed, and in due course a trial would take place. Until tried and convicted, the accused person is deemed to be innocent of the charges.

The reason for stressing this procedure, is to remind the public that up to now, the Hon. Premier has not been charged with any offence. I have seen at least one international report that said he has been charged – but this came from a jurisdiction in which it seems permissible to use the terms ‘accused’ and ‘charged’ interchangeably; and to use either one as a substitute for ‘being suspected of’. In our system, there are very meaningful lines drawn between the points of application of these terms, as they represent important differences in the stages of the criminal investigation process.

It is also important to remind the people of the Cayman Islands not to rush to judgment. Being suspected of having done something is far from it having been proven that you did that thing. Sadly, it is a feature of our society that simply being accused of wrongdoing tends to taint one’s reputation as if one has been proven guilty. Even if subsequently cleared of the accusation, the blemish on one’s name tends to remain. This probably functions well as a control on social behavior in a small community, but goes against the grain in terms of the rule of law, threatening to make a nonsense of the concept of ‘innocent until proven guilty’. This tendency does not show us at our best; it behooves us all to allow due process to take place, and to honour it appropriately.

The second point to be made is to remind the people of the Cayman Islands that when there is negative press regarding persons in position of leadership, or otherwise occupying a high profile in the Cayman Islands, it will affect us all. This is neither to say that we should hold such persons to stricter accountability than we currently do, nor to suggest that anything they do should be covered up. It is a simple statement of fact.

Why make such a statement at this time? To introduce two points; the first of which, is to urge that we all examine ourselves if we feel moved to condemn the person who may be under a cloud. It is said that we all sin every day, in word, and thought, and deed; who then should cast the first stone?

The other point flows naturally from this – that is simply to say, that those who are so disposed, offer a word of prayer. You may or may not feel moved to pray for the Premier at this time, or at any time; at the risk of having to enduring the howls of outrage of the cynical, I nevertheless urge you, pray for him, and for his family, anyway. I do not presume to speak in his defence, only to say that any fair minded person must acknowledge that he has worked hard and long in the interests of the people of the Cayman Islands. In any event, which of us when in trouble should not be prayed for?

Pray also for persons in leadership, persons whose behavior influences the public well-being; and pray for every human being in this community, that we may remain mindful of and obedient to the urgings of our consciences. Pray that as people of the Cayman Islands we respond to a higher calling; that we remain mindful of the words of the prophet Micah “But what does the Lord require of thee, but to do justice, and to love mercy, and to walk humbly with thy God.”

END

* Mr. Dilbert, the Premier’s Chief of Staff, doesn’t seem to be aware the statement by the Deputy Premier, on behalf of the caucus of the UDP majority was actually recalled a few minutes after it was issued. In view of his statement we are now attaching it as first received.