Critical phase corruption investigation – The Royal Gazette

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Created: Feb 09, 2016 2017 08:00

A “large-scale fraud and corruption investigation” is nearing completion, according to an affidavit from Deputy Police Commissioner Paul Wright.

In a statement dated last August, Mr Wright said the investigation was in “a critical phase” and feared that the public statements of Ewart Brown, the former prime minister, in favor of his colleague Mahesh Reddy, do no harm.

Mr Wright’s comments came to light in a Supreme Court document explaining why Chief Justice Ian Kawaley dismissed the police commissioner’s attempt to prevent Dr Reddy from bringing a civil action over his arrest in last May.

Justice Kawaley said the commissioner’s deregistration summons was supported by an affidavit from Mr. Wright that Dr. Reddy’s arrest “was part of a large-scale fraud and corruption investigation that began in 2012”.

Mr. Wright had also argued that defending the judicial review application would involve the disclosure of sensitive documents that could interfere with the investigation, the chief justice said.

Judge Kawaley said: “The investigation has been described as’ nearing completion and therefore in a critical phase.” It was further argued that the real purpose of the judicial review application was to obtain sensitive information about the investigation As such it was an abuse of process and should be struck off.

According to the Chief Justice, in a second affidavit, Mr. Wright “expressed his concern, based on public statements made by Dr. Ewart Brown in support of the applicant’s case, that a judicial review hearing would bring prejudice to the ongoing investigation ”.

However, Justice Kawaley concluded that there was no legal reason not to conduct a judicial review of the arrest while the investigation continued.

Dr Reddy was arrested last May by detectives investigating allegations that he ordered Bermuda Healthcare Services to have MRIs and CT scans performed for his patients when they did not need them, and then billed the procedures to insurance companies.

Dr Reddy is the chief medical officer of the clinic owned by Dr Brown. In June, Dr Brown called a press conference claiming the arrest was “unfair and unwarranted” and was in fact an attempt to discredit himself. Dr Brown said he was the subject of a lengthy but “unsuccessful” police investigation to uncover bribes and political corruption.

In July, Dr Reddy initiated proceedings against the Police Commissioner, under the name of Mahesh Sannapareddy, seeking judicial review and damages for trespassing and unlawful arrest in connection with the raid.

In affidavits, the doctor described prior police behavior, which he viewed as harassment that prompted him to file a formal complaint with the local police complaints authority in 2014.

He also complained that the search was unnecessary as he would have cooperated with the police anyway, claiming that this caused him considerable personal and professional embarrassment.

In his February 6 reasons for ruling, Justice Kawaley wrote: This proceeding should be struck or leave granted should be canceled at the interlocutory stage.

During oral argument, Anesta Weekes, representing the Commissioner, expressed concern that documents filed during the proceedings would be made public.

Commenting on this suggestion, the Chief Justice wrote: “It would clearly be an abuse of process to use a judicial review process for such ancillary purposes. In the modern age of social media, it is quite realistic to fear that litigants with nothing to lose could initiate civil lawsuits containing scandalous allegations and widely disseminate court documents via the Internet to gain a collateral advantage in a situation. other area.

“It didn’t seem like such a case at first glance, however. The applicant is in any event warned in this regard.

“In addition, the risk of a future abuse of process cannot constitute a ground for denying a litigant access to court when there is no convincing evidence base to support the conclusion that an abuse of process actually took place. “

Judge Kawaley concluded that there was no legal obstacle preventing the courts from conducting a judicial review of an arrest while the criminal investigation was still ongoing, and that there was no evidence that the complaint was filed for ancillary purposes.

Deputy Police Commissioner Paul Wright (Photograph by Sharri Perkins)


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