Governor Responds to ICO
Her Excellency Governor Kilpatrick has considered the latest ruling of the Information Commissioner (15 February 2016) on the disclosure of both a complaint made by Mr Martin Bridger and Mr Martin Polaine on the police investigation that became known as Operation Tempura and former Governor Taylorís written response dismissing all the allegations contained in the complaint.
The Governor challenged earlier Information Commissioner rulings that this material be released as she considered it important to establish in the court whether the unjustified and libellous content of the complaint (and as reproduced in the Report) was a basis for invoking the public interest exemption. Whilst the Governor continues to believe that it is not in the public interest to publish either a complaint that was found to consist entirely of false allegations or Governor Taylorís response which discussed and dismissed those defamatory allegations, she accepts the Information Commissionerís latest ruling. She therefore recognises that she is under an obligation to release material in accordance with the Freedom of Information Law 2007. Today Governor Kilpatrick has disclosed the original complaint, Governor Taylorís written response to it and two letters from the Chief Justice to Governor Taylor, on the Governorís Office website - https://www.gov.uk/government/world/cayman-islands. The Chief Justiceís letters are disclosed at his request. Former Governor Taylor agreed that these letters would be disclosed if and when the complaint and his response to it were released.
In his ruling of 15 February 2016, the Information Commissioner held that some of the information was to be exempted from disclosure at this time on the basis that it would, or could reasonably be expected to, affect the conduct of an ongoing criminal investigation. The redactions made to these documents are those suggested by the Information Commissioner in his ruling. The Governor recognises the limited application of this exemption and will consider disclosing an unredacted copy of the information as soon as a current police investigation and / or possible prosecution have been concluded.