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Special Investigators Won't Appeal

Statement from the Office of the Acting Commissioner of Police

Regarding Justice Henderson

Friday, 14 November 2008

On the 24th September 2008 the public was advised that the Hon. Mr. Justice Alexander Henderson had been arrested by the Special Investigating Team in respect of an allegation of Misconduct in Public Office. Search warrants were obtained in order to search his residence and office. The legality of the search warrants was challenged by way of Judicial Review.

As the result of the Judicial Review action, presided over by Sir Peter Cresswell, the search warrants were subsequently set aside.

After careful consideration of Sir Peter Cresswell's judgment and after considering several legal advice it was decided not to appeal the said judgment.

The Acting Commissioner of Police, David George, upon review of the judgment and other relevant materials, as well as after consultation with the Chambers of the Attorney General, and others, has taken the decision that the investigation into the allegation of misconduct in public office against Justice Henderson be immediately discontinued. Justice Henderson is therefore no longer under arrest or investigation and has been released from his bail conditions.

The remainder of the investigation relative to the alleged entry into the Offices of Cayman Net News on the 3rd September 2007 and other matters continues and a subsequent statement regarding other issues related to the investigation will soon be released.