Cayman Chief Justice Dismissed Indictment for Prosecution?s Abuse of Process

On January 14, 2003, in an extraordinary action Chief Justice Anthony Smellie of The Grand Court of the Cayman Islands directed a jury to dismiss money laundering indictments for abuse of process involving the law enforcement officials of the Cayman and British Crown. Justice Smellie expressed concern about the ?London Plan,? whereby the prosecution became aware since August 2000 that material that was relevant to the trail was held by the United Kingdom Government agency. Mr. Gibbs had sent the material to the agency. No records or copies were retained in the Cayman Islands. Justice Smellie learned some of the material had been destroyed. In addition, until the last minute the prosecution did not learn of the existence of material information held by the UK agency. Thereafter, the UK agency asserted ownership and control over the information and was involved in limiting the disclosure of the same to the Court. Because of the relationship between the U.K. Government and the other dependent territories and its control of criminal process, the national defense, and anti-money laundering laws, the case will be closely monitored. The placement of informants into banks and financial institutions is quite unusual, especially infsofar as it has implications for financial confidentiality and human rights and the economic viability of the dependent territories?s economies.