Letters to the Editor
Double standards of justice should not be tolerated in Cayman
Dear Sir,
As information of Mr. Brian Gibbs alleged criminal conduct in the Euro Bank case unfolds, it is evident even at this stage of the developments that the case will have far reaching political and financial consequences for the Cayman Islands and it's financial industry.
In addition to these consequences, the case also highlights several controversial and important issues that are seldom discussed in the Cayman Islands. One such issue, which I would like to comment on, is the system of double standards of justice and fair play that discriminates against Caymanians and favours expatriates.
This unjust and sinister system of double standards is not restricted to the Cayman Islands Civil Service; it also exists in all areas of the Caymanian society and permeates our daily activities.
The apparent steps taken to get Mr. Gibbs off the Island in order to protect him from possible criminal prosecution serves to magnify the inequities of this system of double standards.
In the Civil Service it is common knowledge that when a Caymanian Civil Servant, is suspected of criminal misconduct or even mismanagement the full force of the law is brought to bear on that individual.
Once targeted, no mercy is shown to Caymanians, regardless if he or she is innocent or not. Conversely, whenever an expatriate is suspected of the same types of behavior that individual receives a mere slap on the hand, or as in the case of Mr. Gibbs no slap at all.
Those persons who are familiar with the history of the Cayman Islands Civil Service would be aware of many of the cases where a double standard of discipline and legal remedy have been applied to Caymanians and expatriates.
One of the better known cases involves the Cayman Islands Prison.
When the prison was first managed by Caymanians there was an escape by prisoners from the prison. Following the capture of the prisoners, the two Senior Caymanian prison officers were held responsible for the prisoners escape, and were forced to take early retirement from the Civil Service.
The management of the prison was then entrusted to expatriate officers. Subsequently, there have been numerous prisoner escapes from the prison. The expatriate officers were never disciplined or retired, instead they were praised for doing a good job of recapturing the prisoners.
The Chief Justice should be commended for taking a stand for justice and fair play in the Euro Bank case.
However, I would urge the Chief Justice to monitor the dispensation of justice by others in the court system.
Too frequently we see Caymanians and expatriates found guilty of the same offences, yet Caymanians will receive a much harsher sentence than the expatriate will.
For example, if a Caymanian or Jamaican is caught with one stick of ganja he is sent to prison. When an expatriate, other than a Jamaican, is caught with one stick of ganja he is fined.
This double standard approach to justice is simply wrong. It was Lord Hewart who said "justice should not only be done, but should manifestly and undoubtedly be seen to be done".
If a Caymanian had been accused of the same serious acts as Mr. Gibbs has been alleged to have committed, there is no doubt that the Caymanian would have been placed under arrest and jailed until trial.
At the very least, the Caymanian would have had his passport confiscated and he would not have been allowed to leave the Island.
Mr. Gibbs actions will cost the Cayman Islands millions of dollars in damages to its financial industry.
It is wrong that Mr. Gibbs is allowed to go free when a Caymanian will go to prison for a stick of ganja. Will Mr. Gibbs be extradited to face justice?
No innocent person, Caymanian or expatriate should have their good reputation, and indeed their lives ruined because individuals in the Government are prepared to resort to unethical and illegal tactics.
Unfortunately, this is not the first case where individuals in the Government have been known to engage in questionable conduct in order to build a strong case.
There have been other cases bought by the former Government against innocent Caymanians and expatriates, where evidence was manipulated and distorted. Because these cases mostly affected Caymanians, no one paid attention or was concerned about the injustice being perpetrated.
These cases have also caused the Government hundreds of thousands of dollars to prosecute and to settle.
The Cayman Islands is a democracy that embraces the rule of law. One of the underlying principles of the rule of law is the shared belief that no man is above the law. In this case there has been a blatant disregard for the rule of law.
More importantly, the preferred standard of justice applied to Mr. Gibbs has seriously shattered the notion that no man is above the law.
A society built on a system of double standards of justice is destined to fall. Ultimately, this case should serve as a "wake up call" to those Caymanians that believe all is well in paradise.
Understandably, the Government's first concern is how to best manage the "fallout" from the Euro Bank case.
However, the government also has an opportunity, and indeed a responsibility, to address the problem of double standards in this country.
I am in no way advocating that the Government should protect Caymanians from the law, or be soft on serious crime.
What I am advocating is one standard of justice for all and a level playing field for Caymanians and expatriates in the work place.
Gilbert Connolly