The first words came to us at about 10 a.m. on Tuesday, October 23, 2012. “The Governor sent home Foster, is that true?”
That began a furore of investigations beginning with a silent Governor, who at first and for several hours said nothing.
Several other sources would only confirm, eventually a release from the Deputy Commissioner that Commissioner Foster, “is currently on accumulated leave for which he is entitled,” noting also “His Excellency Governor Davis approves all leave requests submitted by the Commissioner of Police.”
Now Acting Commissioner of Police, Bradley Siddell, according to Governor’s release, was at the time responding to what he termed, “public rumors that Commissioner Foster has been suspended from his duties…”
Prior to that we received information from a letter sent to the Governor by Attorney at Law David S Brandt confirmed the “sending home”. Acting for Steve Foster he sought clarification from the Governor of his instructions by Foster. The letter stated that Foster was told, “that he must immediately go back to his office, don’t try to find out anything about the allegation, clear up his desk and proceed on leave immediately.”
The lawyer referred to Foster’s request for information regarding the allegations he was told were made against him and the Governor’s refusal, “to provide the information…” He referred to a letter written and delivered the said day, he was asked to take leave, October 22, which among other things merely said: “a complaint has been made against you alleging certain conduct which may amount to criminal behaviour.”
The Governor’s letter stated: “You will undoubtedly appreciate that it would be imprudent to permit you to remain on active duty while these investigations (which had not yet begun) are being conducted.”
The letter further stated: “If the allegations appear to be substantiated, you will be informed as soon as possible and be provided with all supporting materials. If the allegations do not appear to be substantiated, you will also be advised and you may then take additional vacation leave or resume duties.”
On Oct. 23 in mid-afternoon after we received this information, the Governor eventually issued a statement which said: “There have been allegations of inappropriate behaviour against the Commissioner…” which, “have to be properly investigated.”
The statement went on to say, “I am seeking the assistance of the Royal Cayman Police Service to conduct the investigation. I have asked the Commissioner to take leave while this process is ongoing. The Commissioner has not been suspended.”
According to Lawyer Brandt, “the Governor, like Nicodemus in the Bible, sent a letter on the night of the 23rd to Foster, describing the nature of the allegations.” The lawyer on the 26th, wrote a further letter to the Governor noting that he had requested information “regarding the accusations against my client which precipitated his enforced leave.,” He then requested in respect of the allegations: “(a) The name of his accusers; (b) Particulars of the allegations, to include, date and time of each allegation.” The letter advised further: “If I do not hear from you by Monday 29th October, 2012, legal action will be taken against you without further notice.”