Cayman News Agency: Drs Express wins again in fight for justice

(CNS): The Attorney General’s Office has been asked to produce documents that it says support its decision not to prosecute any public officials involved in an illegal raid on a Doctors Express clinic nearly five years ago. In a protracted legal battle, the medical practice continues to seek justice for a “drug raid” that saw customs officials raid the clinic and seize legal medical marijuana oil it was prescribing to patients.

Since winning Judicial review in February 2021Since then, the private clinic has been seeking financial compensation and prosecution against those involved in the case, and the legal process is still ongoing.

In February 2021, Judge Robin McMillan ruled List of illegal acts Several public officials accused the medical practice of malicious conduct and found that they conspired to prevent the medical practice from dispensing legal cannabis to patients. Shortly after the ruling was announced, Doctors Express contacted the ODPP in the hope of prosecuting some of the individuals found to have acted in malicious conduct, according to the judge’s ruling.

The prosecutor told the clinic that no one would be prosecuted because the office had taken advice and there was insufficient evidence to charge those involved. However, given the amount of evidence presented in the original case, the medical center’s legal team applied for a judicial review of the decision, which is currently before the courts.

As part of this latest case, lawyers for Doctors Express are seeking documents and details about recommendations the ODPP allegedly received not to prosecute key officials. Chief Medical Officer Dr. John Lee, Charles Clifford, Commissioner of Customs As well as the officers who obtained the search warrant, the court found that they had acted improperly, illegally and knowingly throughout the process, from collusion in the initial raid to the cover-up after the case went to court.

This was despite the ODPP’s refusal to hand over the recommendation not to prosecute document, which was the underlying basis for the decision not to bring anyone to court over the clinic incident.

Following a hearing last month, Judge Jalil Asif ruled on Friday that the ODPP must hand over the relevant documents as they were the basis for the judicial review filed and granted by the clinic. In his ruling, the judge said the recommendations and instructions were undoubtedly relevant as they provided the background and context for the decisions taken by the prosecutor.

“The instructions to counsel will assist in determining the applicant’s complaint that the decision-maker failed to consider relevant documents and information,” the judge wrote, referring to Doctors Express’s argument that the ODPP could not have taken all factors into account when reaching a decision that no one should be prosecuted.

“These advices and directions appear to be the only contemporaneous material available at present which may help in understanding the decision-making process at the time. On the basis of the material available to me at present, it would be difficult if not impossible to determine the judicial review petition without referring to and considering the advices and directions of the Lead Counsel,” Justice Asif added.

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