October 2, 2024

By Alric Lindsay

In February 2024, Justice Stanley John (Actg.) of the Grand Court halted an indecent assault case against McKeeva Bush for “abuse of process” by the Office of the Director of Public Prosecutions.  Again, on July 15, 2024, Bush was cleared of charges in an alleged rape case when the jury found him not guilty in a matter presided over by the Hon. Actg. Justice Jones.  Notwithstanding that some defendants in similar circumstances would be elated with these outcomes, Bush is not happy about the conduct of the cases.  As a result, Bush is now planning a public meeting on Thursday, July 18, 2024, where he will discuss a motion he is bringing to the Parliament to investigate the affairs of the Office of the Director of Public Prosecutions, including the Court’s previous concerns about abuse of process.

Abuse of process

Regarding abuse of process, Justice Stanley John (Actg.) of the Grand Court halted proceedings in February 2024 in the indecent assault case launched against Bush because the Court was “concerned with the process, and I stress, the process by which the decision to prosecute was made.”

Justice Stanley John (Actg.) added:

Courts do have an inherent power to stay proceedings in certain situations.

That power must be exercised within “NARROW CONSTRAINTS” and must not be used as a tool for disciplining the police or the prosecution.

While it is unclear whether the Office of the Director of Public Prosecutions appealed that ruling, it is evident that the Court highlighted a serious concern regarding the conduct of the Office of the Director of Public Prosecutions.

Regarding this ongoing concern, the second pursuit of Bush by the Office of the Director of Public Prosecutions in July 2024 was met with a full exoneration by the jury. 

Together, the cases form the basis for Bush’s proposed motion for a full investigation.

Proposed Motion

Based on a statement from Bush on July 16, 2024, to Blackbox Insights & News, the proposed motion is as follows:

Whereas there is tremendous concern about corruption in the DPP office;

And whereas this concern is being encouraged with the different cases he has ordered to be prosecuted;

Be it Resolved that this Hon Parliament orders an independent commission of inquiry funded and accountable and making known its findings and any recommendations therefrom to the Office of the Premier on the DPP connection with the Governor’s office – the Commissioner of Police, some police officers and the processes, practice and procedures used and the abuses experienced therefrom.

Before the Parliamentary sitting, Bush will publicly discuss this motion at a meeting on Thursday at 8 pm at AL Thompson’s parking lot in George Town.

In addition to the meeting and proposed motion, Bush said he intends to lodge a “petition [of] the England and Wales Bar against the [alleged] unprofessional and misconduct and abuses of the DPP, Ms Solarko and Eloise Marshall.” 

The meeting, proposed motion, and petition will undoubtedly attract the attention of the United Kingdom’s Foreign, Commonwealth, and Development Office and its new Foreign Secretary, David Lammy. The office will be particularly keen on this matter because it is responsible for the British Overseas Territories, including the Cayman Islands.

While Lammy, a lawyer himself, is unlikely to express his views publicly on the matter, members of the public in the Cayman Islands may hear from Lammy or the Foreign, Commonwealth, and Development Office via Her Excellency the Governor of the Cayman Islands.

The public now waits to see how the Bush meeting, proposed motion, and English petition will develop and how the proposed actions may impact the Office of the Director of Public Prosecutions in the Cayman Islands.