DOCTORS EXPRESS AND DR LEE REACT TO VAPE CASE RULING
Doctors Express has successfully challenged a controversial 2019 raid on its premises over the sale of medical cannabis vapes which it always claimed it was licensed to sell.
In a statement following the Grand Court ruling on Monday, Director of Doctors Express, Samuel Banks, said that he was pleased with the outcome but regretted that it had ever been necessary to bring the case.
“I am relieved but not surprised that the Grand Court agreed that we acted entirely lawfully throughout. The Judge found that the failure of lawyers on behalf of Customs, the CMO(Chief Medical Officer) and RCIPS(Royal Cayman Islands Police Service) to offer any timely concessions inevitably added complexity to these court proceedings.”
He also said he was “disappointed that the Attorney General and these defendants unreasonably chose to contest this case in the face of the overwhelming evidence against them. “
Mr Banks stated: “ I feel vindicated that the Grand Court saw through the untruthful evidence--sworn on oath--by (CMO)Dr John Lee and Customs in an attempt to cover up this conspiracy and pervert the course of justice.”
The Doctors Express director said he will be “making formal complaints of criminal offences including perjury and conspiracy to pervert the course of justice.”
Meanwhile, a statement in Tuesday by Chief Medical Officer Dr Lee on the outcome of the case said taht “at all times in the function of his duties, he has acted in what he believed to be the best interests of the Public.”
It said the CMO sought legal advice and consulted with both the Health Practice Commission and the Registrar of the Department of Health Regulatory Services amongst others.
Dr Lee who was not called to court to give evidence in person also stated, “At all material times I acted in good faith in the public interest for the protection of Public Health”.
The statement from Dr Lee's office also quotes Professor John Britton, expert witness for the Government, who has expressed support for the decisions taken by the CMO.
“I therefore consider the Cease Notice issued by Dr Lee to be an appropriate, proportionate and necessary response to a potential serious risk to public health," the professor wrote.
Additionally, Professor Britton said, “In my opinion it would have been negligent for any chief medical officer, faced with this situation, not to act quickly and decisively to prevent the widespread use of these and any other THC (tetrahydrocannabinol) vapes in Cayman, and to sustain that action at least until the cause of the US epidemic had been determined.”