_{Gov. Stuart Jack and Investigator Martin Bridger at a press conference on March 27, 2008,
announcing the “required leave” of RCIPS Commissioner Stuart Kernohan.}

Friday, May 1, 2009: After 13 months of investigation and a cost of several million dollars, the Cayman Islands Government Legal Department has announced that no criminal charges will be brought against former Cayman Islands Police Commissioner Stuart Kernohan and that the investigation into Mr. Kernohan is over.

The announcement came in a letter to Mr. Kernohan’s attorneys, Campbells, dated Thursday, April 30, 2009, from Anne Lawrence of “Operation Tempura,” the “code name” for the Metropolitan Police Service’s investigation into the Royal Cayman Islands Police Service.

In her letter, Ms. Lawrence stated, “I write to inform you that following advice received from the Cayman Islands Legal Department a decision has been taken that no criminal charges be brought against Stuart Kernohan. I can confirm that the investigation concerning your client is now closed.”

It remains unclear if or when Governor Stuart Jack will be issuing a public statement of apology and exoneration regarding Mr. Kernohan. In any case, civil lawsuits for substantial damages are likely to follow.

Similarly, Mr. Kernohan's advisors are currently reviewing the media coverage of the case over the last 13 months to determine whether any instances of libel, slander, malice, or reckless disregard for the truth have taken place. It is known that the review is focussing on the coverage of one media house, in particular. 

Interestingly, the closure of the inquiry into Mr. Kernohan coincided to the day that Senior Investigating Officer Martin Bridger, who has headed up “Operation Tempura,” left the Cayman Islands to return to Great Britain.

Upon learning of the Legal Department’s announcement, Mr. Kernohan expressed both relief and anger. He has steadfastly maintained his total innocence since Governor Jack placed him on “required leave” at a press conference on March 27, 2008.

Mr. Kernohan said: “It is unbelievable that it took 13 months to reach this conclusion which was blatantly obvious from the outset. Jack was fully aware of the circumstances regarding the early stages of the enquiry, having been briefed by myself and Chief Superintendent John Jones. He and Bridger were informed by the Chief Justice of his opinion on the entry to the Cayman Net News offices—that no criminal offense had been committed.

“I was not even in charge of the enquiry at that stage on Sept. 3, 2007, having asked Jack to allow me to stand down several days earlier.”

At that March 27 press conference, Governor Jack, flanked by SIO Bridger and incoming Acting Police Commissioner David George, told the assembled media that Mr. Kernohan was not under investigation.

However, it since has become public knowledge that on two separate occasions, late February 2008 and on March 20, 2008, Governor Jack’s own Special Counsel petitioned the Chief Justice of the Cayman Islands, the Hon. Anthony Smellie QC, to obtain warrants to search the home and offices of Mr. Kernohan.

In his 51 page ruling issued on April 4, 2008, Chief Justice Smellie, in denying the search warrants, stated:

“ . . . [a] flaw that underlays the present application for a search warrant against the first two of these three subjects [Police Commissioner Kernohan and Chief Superintendant John Jones] — where without any reasonable cause shown to suspect that they hold any evidence whatsoever of incriminatory value, this Court should be asked to issue search warrants against them for what could only be described as ‘a fishing expedition’ in the words of Lord Denning and what Supt. Bridger was reduced to acknowledging before me—in light of what is already known about this case was really and quite generally only his team’s quest for the truth . . .

“Given the circumstances which presented themselves to the Com. Pol [Mr. Kernohan] and Ch. Supt. Jones at the time when they encouraged or enlisted [Lyndon] Martin and/or [John] Evans to enter the Newspaper premises, there is no reasonable basis for concluding on careful application of the law, that the Com. Pol or Chief Supt. Jones committed any criminal offense.” (emphasis added)

Mr. Kernohan’s attorneys previously pointed out months ago upon Chief Justice Smellie’s April 4, 2008, ruling being publicly disclosed that Governor Jack, SIO Bridger, and others knew—and withheld from the Cayman public, and indeed Mr. Kernohan himself—the information contained in that ruling. A legal case is probably being explored as to whether the purposeful withholding of such critical information exonerating in part Mr. Kernohan constituted malice.

The issue, of course, arises as to why the Governor, upon reading the Chief Justice’s ruling, did not immediately re-instate Mr. Kernohan to his post. Instead, Governor Jack and SIO Bridger, with the knowledge that no criminal offense had taken place, began to explore the lesser common law offense of “misconduct in public office.”

That decision allowed Inspector Bridger to extend his stay in the Cayman Islands for many more months along with an expenditure of untold additional public funds.

Subsequently, in mid-April 2008, Mr. Kernohan left the Cayman Islands to be with his father, who was terminally ill in the UK.

Following Mr. Kernohan’s departure and the passing of his father, Governor Jack ordered Mr. Kernohan to return to Grand Cayman. Mr. Kernohan, through his attorneys, declined to do so, contending this Governor had no authority or power under law to order Mr. Kernohan to return, since he had not been charged with any crime nor had he been placed under “house arrest.”

On numerous occasions, Mr. Kernohan’s attorneys asked Governor Jack’s counsel to cite in law where the Governor had lawful authority to restrict Mr. Kernohan’s travel or residence. To date, no legal basis for the Governor’s decision in demanding Mr. Kernohan to return to Cayman, but not for the purpose of resuming his post, has been forthcoming.

 On Nov. 18, 2008, Governor Jack fired Mr. Kernohan.

The ultimate cost to the Caymanian people of this entire episode remains unknown at this time. Certainly it is in the millions of dollars, destroyed reputations and the personal lives of innocent families. It remains to be seen when, or whether, Governor Jack will step forward to take responsibility for his role and the wreckage that remains in the aftermath of Operation Tempura. The public now awaits the Auditor General’s report on the value the country has received for its money.

In closing, Mr. Kernohan stated:

 “It has been an absolute disgrace. This high cost to the people of the Cayman Islands is not only measured in millions of dollars but also on the impact on law and order and the Caymanian reputation.

"My greatest regret is not being able to finish what I started with the fine officers in the RCIPS and the people of the Cayman Islands. Bridger has gone. Jack needs to follow him now."