Justice Alexander Henderson

 

By Tad Stoner
tad@caymannetnews.com

Government on Monday afternoon confirmed weekend reports of a million-dollar settlement encompassing both costs and damages for Grand Court Justice Alexander Henderson, pending a final court order.

Almost simultaneously, a statement from Mr Henderson’s attorneys confirmed the move, calling the $1.275 million agreement “a satisfactory settlement”.

The sum, pursuant to twin 23 January statements from HE the Governor Stuart Jack and London’s Foreign and Commonwealth Office (FCO), will be paid from public funds allocated under Mr Jack‘s reserve powers.

Elected Ministers on 20 January formally declined to fund the settlement, citing what they felt to be excessive behaviour by anti-corruption investigators.

“We can confirm that Justice Henderson’s lawyers have agreed to settle the claim in the amount of CI$1,275,000 in full and final satisfaction of his claims and legal costs,” a statement from Mr Jack’s office said. “The matter will be finalised by a court order confirming the settlement.”

The agreement was hammered out in January negotiations involving the Attorney General and Mr Henderson’s attorneys at Campbells after a Christmastime court order that government open talks on damages in the wake of two judicial reviews overturning the Justice’s 24 September search and arrest on suspicion of misconduct in public office.

A statement from Campbells, simultaneously with the governor’s, confirmed the pact.

“Campbells on behalf of the Hon. Justice Henderson wish to announce that the parties … have reached a satisfactory settlement of Hon Justice Henderson’s claims for damages arising out of his unlawful arrest and the unlawful searches of his home and judicial offices,” the statement said.

“Justice Henderson will be paid the sum of $1,275,000 in full and final satisfaction of his claims for damages and legal costs.

“No further comment will be made,” Campbells said, closing the door on further discussion.

Canada’s Vancouver Sun reported on Saturday that the Cayman Islands government and Justice Henderson had reached a C$2 million settlement, despite indications from Cabinet Ministers that the agreement was not final.

Reporter David Baines quoted the Canadian-born jurist saying the agreement underlined his suffering and helped clear his name.

“I think the size of the award will demonstrate to the public that I suffered a serious injustice,” Mr Henderson told the newspaper, saying he wanted to publish the sum.

“For one thing, this is public money and for another, making it public helps to restore my reputation,” he said.

He told the paper that his London lawyer, QC Geoffrey Cox, a member of the British Parliament, would “very soon” ask the House to review the conduct of the Cayman investigators, previously part of the UK’s Metropolitan Police before accepting appointment to Governor Jack’s Special Police Investigation Team.

In mid-October, a judicial review of the team’s search of Mr Henderson’s South Sound home and Kirk House office was overturned by visiting UK Judge Sir Peter Cresswell, who called police actions “arbitrary and unfair” and “the gravest abuse of the process”.

On 23 December, Sir Peter overturned Mr Henderson’s arrest, awarding him costs in both reviews and ordering the parties to determine damages, to be officially set in an 11 February hearing.

Monday’s announcement precludes the need for that proceeding.