US court asked to subpoena British Overseas Territories security advisor

Most or all of the stories and articles featured in this newspaper from time to time are for reason that there are matters of important relevance and benefit to Montserrat. The following Caribbean News article bears much relevance and similarities to matters that go on with regards to Montserrat and some circumstances that have thwarted our progress on an individual level and a government level.

If persons and government were to have the guts and the people of Montserrat at heart we would in the not too distant future see situations develop as has been the case in TCI and now Cayman Islands, and elsewhere.

Covington visits Montserrat regularly in his capacity as described in the article and Tony Bates heads the Governor’s office here in Montserrat.

Pic – (L-R) British Overseas Territories security adviser Larry Covington with Royal Cayman Islands Police Service (RCIPS) Commissioner David Baines and Foreign and Commonwealth Office (FCO) official Tony Bates in May 2012

By Caribbean News Now contributor

MIAMI, USA — Attorneys acting for former Cayman Islands premier, McKeeva Bush, have filed an application in the US District Court for the Southern District of Florida seeking an order granting Bush leave to issue and serve a subpoena on Lawrence ‘Larry’ Covington, Britain’s overseas territories security adviser, who was and is a resident of Miami-Dade County, Florida.

The application has been made pursuant to 28 USC § 1782 for judicial assistance in obtaining evidence located in the state of Florida for use in a foreign and international proceeding, namely, a currently pending case before the Grand Court of the Cayman Islands filed by Bush against Royal Cayman Islands Police Service (RCIPS) Commissioner David Baines, former Cayman Islands governor, Duncan Taylor, and the attorney general of the Cayman Islands, Sam Bulgin, for conspiracy and malicious prosecution.

According to the US court filing, the gist of the Cayman action is that Baines, Taylor and Bulgin conspired for Bush to be arrested in the Cayman Islands and charged with the “crime” of using his government issued credit card for personal expenditures. Bush asserts that his prosecution was malicious and/or brought for an improper purpose, which was to remove him from his office as premier of the Cayman Islands in 2012 and render him unable to retain his office in the 2013 elections.

Evidence submitted to courts in the Cayman Islands and the United States for the purpose of obtaining search orders and evidence under mutual legal assistance provisions falsely stated that Bush had breached Cayman Islands government policy by using his credit card for personal reasons. Bush was ultimately exonerated by a jury following a full trial on all of the charges and filed suit to recover damages from the alleged conspirators.

Evidence introduced in the Cayman action is said to demonstrate that Britain’s Foreign and Commonwealth Office (FCO) was involved in bringing the false criminal charges against Bush.

Specifically, an email dated February 5, 2012, from then governor Taylor to Tony Bates, who was the head of the Caribbean and Bermuda Section in the Overseas Territories Directorate at the FCO in London, stated that “the Commissioner and his team are doing everything they can to expedite matters and are well aware of the potential difficulties if we are unable to get to the point of charging McKeeva ahead of the elections.”

Another email from Taylor to Bates at the FCO reported that Taylor had “tipped off a [media source]” as to where Bush’s charge sheet could be found and inspected so that the media source could “write a piece” about Bush’s arrest.

In yet another email from Taylor to Bates, Taylor suggested that he will be opening a bottle of champagne in celebration after Bush’s arrest, as he remarks in his email, “Not opening any quiet bubbly until after it [charges against Bush] has been confirmed!”

Bush claims that these emails demonstrate that the FCO was heavily involved in the manufactured charges against him.

Covington was the law enforcement adviser for Britain’s Caribbean Overseas
Territories and his role was to provide guidance and advice to the governor and commissioner of police.

The nature of Covington’s role in law enforcement in the UK overseas territories is said to be illustrated by a judgment issued by the Cayman Islands Grand Court, which records the then-governor of the Cayman Islands accepting a recommendation from Covington, described as the law enforcement adviser in the FCO, to investigate allegedly criminal conduct in the Cayman Islands under the code name “Operation Tempura”.

Operation Tempura was an investigation conducted by senior Scotland Yard detectives into alleged corruption and other criminal conduct in the Cayman Islands in 2008, and itself turned into an unmitigated disaster, resulting in a series allegations, counter allegations and recriminations.

The lead investigator in the Operation Tempura probe, Martin Bridger, has steadfastly maintained that the initial investigation by the local police, which involved an illegal entry into the offices of a local newspaper, was discussed with and approved by former governor Stuart Jack, Covington and Bulgin, all of whom issued unconvincing denials.

According to Bush’s attorneys, given this background and the high profile and controversial nature of the investigation and failed prosecution of Bush, there can be no doubt that Covington personally played a central role. There can also be no doubt that he would have created and would have received documentary material in relation to both the investigation and the failed prosecution of Bush.

Specifically, given Covington’s title and role played in the investigation and prosecution of Bush, it is simply not possible that no documents have been sent to, or generated by, Covington during the entire process.

“Although one would have hoped Mr Covington might volunteer his records to assist the defendants to comply with their discovery obligations in the Cayman Islands, Mr Covington has not done so and the other defendants in the Cayman action assert that these documents are not within their possession,” Bush’s attorneys state.

Thus, they assert that Covington is a key person in these proceedings and Bush has therefore applied to the US court to obtain information relevant to the Cayman action, including:

  1. copies of all emails sent or received by Covington (including for the avoidance of doubt archived or deleted emails or other electronic documents) between January
    1, 2009, and December 31, 2014, relating to the intended and actual investigation and subsequent prosecution and trial of Bush, and;
  2. any and all notes, reports, memoranda or other documents of any kind and in any format created between January 1, 2009, and December 31, 2014, that relate to the intended and actual investigation and subsequent prosecution and trial of Bush, his removal from office as premier of the Cayman Islands and/or the 2013 elections.

Bush also seeks that Covington attend a deposition to answer questions as to the role he played in the prosecution of Bush and to explain the documents that are produced.

The relevant court filings are publicly accessible at the US District Court for the Southern District of Florida under case number 1:18-mc-20228-JEM In Re: Application of William McKeeva Bush OBE.

 

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Most or all of the stories and articles featured in this newspaper from time to time are for reason that there are matters of important relevance and benefit to Montserrat. The following Caribbean News article bears much relevance and similarities to matters that go on with regards to Montserrat and some circumstances that have thwarted our progress on an individual level and a government level.

If persons and government were to have the guts and the people of Montserrat at heart we would in the not too distant future see situations develop as has been the case in TCI and now Cayman Islands, and elsewhere.

Covington visits Montserrat regularly in his capacity as described in the article and Tony Bates heads the Governor’s office here in Montserrat.

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Pic – (L-R) British Overseas Territories security adviser Larry Covington with Royal Cayman Islands Police Service (RCIPS) Commissioner David Baines and Foreign and Commonwealth Office (FCO) official Tony Bates in May 2012

By Caribbean News Now contributor

MIAMI, USA — Attorneys acting for former Cayman Islands premier, McKeeva Bush, have filed an application in the US District Court for the Southern District of Florida seeking an order granting Bush leave to issue and serve a subpoena on Lawrence ‘Larry’ Covington, Britain’s overseas territories security adviser, who was and is a resident of Miami-Dade County, Florida.

The application has been made pursuant to 28 USC § 1782 for judicial assistance in obtaining evidence located in the state of Florida for use in a foreign and international proceeding, namely, a currently pending case before the Grand Court of the Cayman Islands filed by Bush against Royal Cayman Islands Police Service (RCIPS) Commissioner David Baines, former Cayman Islands governor, Duncan Taylor, and the attorney general of the Cayman Islands, Sam Bulgin, for conspiracy and malicious prosecution.

According to the US court filing, the gist of the Cayman action is that Baines, Taylor and Bulgin conspired for Bush to be arrested in the Cayman Islands and charged with the “crime” of using his government issued credit card for personal expenditures. Bush asserts that his prosecution was malicious and/or brought for an improper purpose, which was to remove him from his office as premier of the Cayman Islands in 2012 and render him unable to retain his office in the 2013 elections.

Evidence submitted to courts in the Cayman Islands and the United States for the purpose of obtaining search orders and evidence under mutual legal assistance provisions falsely stated that Bush had breached Cayman Islands government policy by using his credit card for personal reasons. Bush was ultimately exonerated by a jury following a full trial on all of the charges and filed suit to recover damages from the alleged conspirators.

Evidence introduced in the Cayman action is said to demonstrate that Britain’s Foreign and Commonwealth Office (FCO) was involved in bringing the false criminal charges against Bush.

Specifically, an email dated February 5, 2012, from then governor Taylor to Tony Bates, who was the head of the Caribbean and Bermuda Section in the Overseas Territories Directorate at the FCO in London, stated that “the Commissioner and his team are doing everything they can to expedite matters and are well aware of the potential difficulties if we are unable to get to the point of charging McKeeva ahead of the elections.”

Another email from Taylor to Bates at the FCO reported that Taylor had “tipped off a [media source]” as to where Bush’s charge sheet could be found and inspected so that the media source could “write a piece” about Bush’s arrest.

In yet another email from Taylor to Bates, Taylor suggested that he will be opening a bottle of champagne in celebration after Bush’s arrest, as he remarks in his email, “Not opening any quiet bubbly until after it [charges against Bush] has been confirmed!”

Bush claims that these emails demonstrate that the FCO was heavily involved in the manufactured charges against him.

Covington was the law enforcement adviser for Britain’s Caribbean Overseas
Territories and his role was to provide guidance and advice to the governor and commissioner of police.

The nature of Covington’s role in law enforcement in the UK overseas territories is said to be illustrated by a judgment issued by the Cayman Islands Grand Court, which records the then-governor of the Cayman Islands accepting a recommendation from Covington, described as the law enforcement adviser in the FCO, to investigate allegedly criminal conduct in the Cayman Islands under the code name “Operation Tempura”.

Operation Tempura was an investigation conducted by senior Scotland Yard detectives into alleged corruption and other criminal conduct in the Cayman Islands in 2008, and itself turned into an unmitigated disaster, resulting in a series allegations, counter allegations and recriminations.

The lead investigator in the Operation Tempura probe, Martin Bridger, has steadfastly maintained that the initial investigation by the local police, which involved an illegal entry into the offices of a local newspaper, was discussed with and approved by former governor Stuart Jack, Covington and Bulgin, all of whom issued unconvincing denials.

According to Bush’s attorneys, given this background and the high profile and controversial nature of the investigation and failed prosecution of Bush, there can be no doubt that Covington personally played a central role. There can also be no doubt that he would have created and would have received documentary material in relation to both the investigation and the failed prosecution of Bush.

Specifically, given Covington’s title and role played in the investigation and prosecution of Bush, it is simply not possible that no documents have been sent to, or generated by, Covington during the entire process.

“Although one would have hoped Mr Covington might volunteer his records to assist the defendants to comply with their discovery obligations in the Cayman Islands, Mr Covington has not done so and the other defendants in the Cayman action assert that these documents are not within their possession,” Bush’s attorneys state.

Thus, they assert that Covington is a key person in these proceedings and Bush has therefore applied to the US court to obtain information relevant to the Cayman action, including:

  1. copies of all emails sent or received by Covington (including for the avoidance of doubt archived or deleted emails or other electronic documents) between January
    1, 2009, and December 31, 2014, relating to the intended and actual investigation and subsequent prosecution and trial of Bush, and;
  2. any and all notes, reports, memoranda or other documents of any kind and in any format created between January 1, 2009, and December 31, 2014, that relate to the intended and actual investigation and subsequent prosecution and trial of Bush, his removal from office as premier of the Cayman Islands and/or the 2013 elections.

Bush also seeks that Covington attend a deposition to answer questions as to the role he played in the prosecution of Bush and to explain the documents that are produced.

The relevant court filings are publicly accessible at the US District Court for the Southern District of Florida under case number 1:18-mc-20228-JEM In Re: Application of William McKeeva Bush OBE.