Archive for November, 2012
Police call off marine search for distressed vessel
(CNS): The RCIPS confirmed Thursday evening that it had been involved in a marine search and rescue operation since 10:00 in the morning but that the vessel in question had not been located. A police spokesperson stated that the RCIP Marine Support Unit received a report from the Jamaican Coast Guard on the morning of 29 November that another vessel had made a report to them about a blue canoe drifting some 60 kilometres SE of Cayman Brac with three souls on board. The Cayman police and the Jamaican authorities coordinated the search of the area, with up to five commercial vessels in the area assisting. The RCIPS helicopter Xray 1 also responded and carried out an extensive search of the area.
The boat’s last known location was 19 13.13N and 079 16.44W but it was determined that the vessel that reported the matter to the Jamaican coastguard assisted the boat in distress and it then may have continued on its journey.
“The canoe was not located and the RCIPS called off the search at 3:54 pm this afternoon,” a police spokesperson stated.
IC protects audit office’s need for confidentiality
(CNS): The information commissioner has pointed to the need for the auditor general to be able to assure people that sensitive information they give to him will remain confidential so that he can properly conduct the affairs of his office. In her 26th ruling and her second decision relating to an FOI request regarding the RCIPS internal enquiry, Operation Tempura, Jennifer Dilbert sided with the public authority on this occasion and upheld the partial denial of information. However, while the commissioner pointed to the need to protect free and frank discussion and to prevent prejudice against the audit office, she pointed out, not for the first time, an incorrect application of the legal privilege exemption.
Setting out the background of the hearing, Dilbert said it related to an FOI request about the controversial Operation Tempura police corruption investigation made to the governor’s office and transferred to the Office of the Auditor General, since it related to the report that the OAG conducted into the expenses and spending on the costly enquiry.
The request was for correspondence or any other written records relating to theproduction of the OAG’s report into Operation Tempura from any official who was involved, or attempted to be involved, in the format and contents of the final report.
The OAG’s information manager provided access to 31 documents but some information was redacted based on exemptions under the FOI Law relating to legal privilege, free and frank exchange and the potential prejudice of the effective conduct of public affairs.
The applicant requested an Internal Review, and while the auditor general upheld the majority of the IM’s decisions, he made some limited changes to two of the redacted documents and released a third in full. However, the applicant appealed to the Information Commissioner’s Office (ICO) for a review of the decision to deny full access to the records.
Although the commissioner upheld the auditor’s decision, she pointed out in her ruling that the use of legal privilege in connection with one of the exemptions was wrong. The OAG applied the exemption found in 17(a) to the contents of an email from George McCarthy, who was chief secretary at the time, to Attorney General Sam Bulgin.
Pointing to her comments about the use of this exemption in other hearings, she said that the content of the email was not seeking, formulating or giving of legal advice. Dilbert also found that it had not been demonstrated that litigation privilege was attached to the records.
“I am not convinced that they were created for the dominant purpose of preparing for, advising on, or conducting litigation that is either underway, or was a reasonable prospect at the timethe records were created.”
Nevertheless, the commissioner did find that other exemptions applied and she agreed with the auditor general’s redactions.
In connection with another document, Dilbert pointed out that because a memo from the solicitor general to the auditor general was labelled “confidential and privileged” did not mean to say it was.
"Simply marking a document ‘Confidential and Privileged’ does not mean that legal professional privilege automatically attaches to it,” she said. However, as the redacted part of the memo offered legal advice, professional privilege did attach to that exemption.
Dilbert upheld several other redactions as she agreed with the auditor general’s position that the release of some information could “jeopardize his office’s future operations” and the need for “free and frank discussions” in order for his staff to get the information they need to conduct an audit. The office contended that individuals will not communicate with it in an open manner if they believe the information communicated would become public.
“The FOI Law must … protect the Auditor General’s ability to conduct investigations and obtain the free and frank testimony of relevant public servants, even where this may deny the general public access to the ensuing records via the Office of the Auditor General,” Dilbert found.
The commissioner added in her decision that, given the role of the auditor general, it would not be in the public interest to disclose records that could prejudice the affairs of his office.
“In this case the public interest in allowing the Auditor General to conduct his affairs unhindered outweighs any public interest in the disclosure of the redacted information,” she stated before upholding all of the redactions made.
See the commissioner’s 26th decision here.
See related story here.
Reluctance over FOI eroding says info boss
(CNS): Traditional resistance by government employees in the Cayman Islands over releasing information to the public to divulging information is “slowly eroding,” the information commissioner told a group of accountants recently. Jennifer Dilbert said that information managers were becoming more comfortable providing information to the public under the freedom of information law during a presentation to the bean counters organised by her office as part of the information commissioner’s outreach. There have been over 2,500 FOI requests made to public authorities since the inception of her office in January 2009.
Dilbert provided a brief introduction to the Freedom of Information initiative at Government Finance Professional Development Week, at a conference for public and private sector professional accountants and students.
Outlining the exclusions and exemptions that are allowed in the Freedom of Information Law, including strategic intelligence gathering by security services she noted that in general everyone has the right to most of the information that government gathers and maintains, and the resistance of personnel to divulging information about government was slowly eroding.
Recent statistics from the ICO have revealed that while there is considerable improvement in releasing information a worrying trend by the office is the length of time that it takes authorities to release information and the lengths a limited number of government officials are going to with the introduction of lawyers to stop information being released.
Lakeland Villas become latest watchful neighbours
(CNS): Residents of Lakeland Villas have set up a Neighbourhood Watch scheme in conjunction with the police. PC Odale Mulgrave, the beat officer in the area, has been working with the group since August and, earlier this month, the RCIPS presented the chair with the official Neighbourhood Watch sign. “The aim of Neighbourhood Watch is simply to prevent crime in the area and therefore maintain safe and confident communities,” said the officer. “We will be working with members of the team to carry out security surveys and provide advice about how we can work together to make the area even safer.”
Mulgrave explained that simple things such as cutting down bushes, improving lighting and consideration of general security can all help. He said the watch will work in partnership with the RCIPS by being its “eyes and ears in the community” quickly identifying and reporting any suspicious activity. “I’m sure the group will be very successful and I would urge anyone in the Cayman Islands who wants to set up a Neighbourhood Watch scheme to get in touch with us now – it’s a great way to encourage residents to look out for one another and create some good old fashioned community spirit,” he added.
Stacyann Boxwell, chair of the Lakeland Villas NW, said she was excited to be at the helm of the new scheme. “I hope to get the entire community involved and work on safety initiatives, fundraising activities and community projects geared at maintaining the peace and tranquillity we enjoy in our community,” she added.
Anyone who wants to learn more about how to set up a Neighbourhood Watch scheme should contact their local police office.
SPS takes optimistic view
(CNS): Despite the continuing international economic turmoil, Cayman’s own economic woes and the government’s cash flow crunch, the government’s strategic policy statement (SPS) submitted to the Legislative Assembly by the premier this week takes a very optimistic position. According to the forecast on which the government’s next three budgets will be based, Cayman could not only be rich beyond its wildest dreams by 2016, with a huge surplus, but cash in the bank, dwindling debt, a slimmed down public sector and be free from UK supervision of its public finances. The SPS does not say how Cayman will get so rich, however, other than through the commencement of the long promised infrastructure projects.
At the close of the 2011/12 financial year government essentially broke even, with a surplus of around $42,000. In a lengthier document than previous years, as a result of the new guidelines provided in the Framework for Fiscal Responsibility that now forms part of the Public Management and Finance Law, the statement is less than specific about how government will move from a break even position to a whopping surplus of $145 million in three years.
It also predicts having more than $400 million in the bank, a total debt reduced to $500 million, and to be in full compliance with the six principles of responsible financial management set out in the law and, as a result, free from the need to ask the UK for borrowing.
In the statement the premier says that the forecast will require continued careful management but claimed that the “path is credible, achievable and will place the Cayman Islands in an even stronger financial position”.
The plan does not include any new revenue raising measures or any redundancies in the civil service, which government intends to reduce through attrition, mergers and centralisation but not lay-offs. The government states that such drastic action could run the risk of “economic shock”. Instead, it claims that the reduction in operating costs will come from increased efficiencies and gradual declining public sector costs rather than massive reductions in government spending.
The growth in revenue is expected to come from the development of “key infrastructure projects” such as the Dr Devi Shetty hospital, the cruise berthing facilities, the expansion of the airport, Cayman Enterprise City and the ForCayman Investment Alliance.
“Overall economic growth of the Cayman islands in the next three fiscal years will increasingly rely on private investment in the domestic sectors in light of heightened financial and fiscal uncertainty in the major external markets and the governments commitments in the Framework for Fiscal Responsibility,” the SPS reads.
The premier goes on to say that construction will contribute to the recovery of the GDP with the implementation of these major projects. Despite the recent setbacks to a number of the planned projects, the government states, “It is assumed that during the period of this SPS this projects would have commenced and will be mostly in the initial construction phases,” which is expected to stimulate demand for services across the economy.
What the statement does not explain, however, is what happens to the forecasts if the FCIA or the hospital and other projects do not start.
Although government sets out its aims for a reduction in the public sector, it is gradual, and given that so many Caymanians are employed by government, the SPS indicates the need for caution to avoid cutting its wage bill only to increase is social assistancebill. The gradual reduction in the size of government is expected to reach 10% by year three and government points to the need for a growth in the private sector alongside the decrease in the public, as it believes the two are not mutually exclusive but rather mutually dependent.
See below for the complete SPS.
Cayman Thanksgiving
Plans are in full swing for the second annual Cayman Thanksgiving with celebrations on the weekend of 30 November – 2 December 2012. Why Cayman Thanksgiving? Well the easiest answer is “Why not”? After all, everyone who lives in the Cayman Islands is living in the 95th percentile in standard of living/quality of life in the world. That does not mean that we live in a perfect paradise, or that we do not have people with genuine needs in our community. In fact, there seems to be growing numbers of those who are being left behind.
However, no matter how bad things are, we still have so much to be thankful for. We only have to turn on the news and see what real oppression, suffering and hardship look like. Which one of us went to bed worrying about being dragged out of our homes and shot, or having our car shelled with mortars or our children’s school bombed? Sadly, this is the reality for so many. Famine, epidemics, civil war, out of control unemployment, no access to health, education or social welfare is just an average day for arguably the majority of the people in our world today.
When I sit and think about our history in Cayman, what our forefathers persevered through and the changes witnessed by my father’s and grandmother’s generations, there is no logical explanation for the economic miracle we have experienced in Cayman. Cayman has been truly blessed and we have in turn been a blessing to so many from all around the world who have been able to come here and make a better life for themselves and their families. That is something to celebrate and to give thanks for.
Unfortunately many of us in Cayman quickly forget how fortunate we are. When was the last time you asked someone how they were doing and they responded “Great!” ? It almost seems that we gravitate towards the negative seeing that it dominates so much of our conversations, thoughts and actions. It’s been observed somewhat tongue in cheek that basically two things bring people together in this community en masse – protests/demonstrations or funerals. That is sadly quite indicative of the power of the negative in Cayman. Sad or bad things get us going and fuel the passion in our lives.
So the Cayman Thanksgiving proposition is quite simple actually. Can we not agree in this community that for one day out of the year we won’t complain or row, or blog about our problems, or call in the radio shows to bemoan life’s woe’s? Instead let’s do what Caymanians have always done best and pull out our pots and pans, cook up some good traditional food using locally grown produce, invite family and friends over, including someone who isn’t from Cayman, and let’s give thanks for life’s many blessings – starting with the passage of Hurricane Season.
That’s what Cayman Thanksgiving is all about.
There is arguably no nation on earth who has as much to be thankful for as we do here in Cayman. So it is our hope that from this point onward on the first Sunday in December we will unite – Caymanians, expats, visitors – and celebrate all that’s good in Cayman, starting with giving thanks.
I invite everyone to learn more about Cayman Thanksgiving and about the plans for this weekend’s celebrations by visiting www.caymanthanksgiving.ky
Let’s give thanks together Cayman!
Offshore lawyer found not guilty in assault case
(CNS): A senior partner at one of Cayman’s largest offshore legal firms was acquitted by the summary court on Wednesday of an assault charge. Mark Lewis (53) was arrested and charged with the crime more than one year ago but the details of the incident have remained under wraps after the court imposed a gag order on the entire proceedings including the trial itself. In the wake of the not guilty verdict by Magistrate Valdis Foldats on the one count of ABH his lawyers stated that he had been “entirely vindicated” and he would continue in his role as a partner of Walkers Global as he did throughout the proceedings.
Lewis would thanked his partners and colleagues at Walkers and the witnesses who made themselves available at trial. He also extended that appreciation to the local community for its overwhelming support and to his legal team, Trevor Burke QC, David McGrath and Ben Tonner of Samson & McGrath.
It has never been made clear why the entire case was held “in camera” but section ten of the criminal procedure code allows for the court to order any case it sees fit to be closed and the public and press barred from the court..
Cops make arrest in East End BB gun shooting
(CNS): One person has been arrested and a BB gun recovered following an operation in East End, police have confirmed. Following the report of a person receiving an injury to the back from a BB gun shot at around 8pm this evening (Wednesday 28 November) on Fiddlers Way off Sea View Rd, East End, police mounted an operation which resulted in the arrest. An RCIPS spokesperson revealed that police had also received a report yesterday evening at 6:53 pm (Tuesday 27 November) that a woman in East had been hit in the back with what she suspected to be a BB pellet buthad not been injured.
She told police that she saw two males, one of whom was carrying what appeared to be a gun under his arm, as they left the location.
The RCIP spokesperson explained that a combined team of police officers from the eastern districts, the Uniform Support Group, the Operational Support Unit and the Air Support Unit mounted tonight’s operation in which one suspect was rounded up and arrested on suspicion of possessing the weapon and recovery of what is believed to be the BB gun used in both shootings.
Police are still conducting follow up operations in the area and the matter is under investigation by the Bodden Town CID. Anyone with information on these incidents is asked to call 947 2220.
Ryan had input in speech
(CNS): Premier McKeeva Bush has admitted that the developer and former owner of the Ritz Carlton-Grand Cayman had input into a statement he had made on the government’s new television channel last week about the resort, the duty debt and the recent sale. Following the revelations on CNS this week about the electronically stamped properties of the document released by the premier’s office, which indicated the statement made by Bush had been ’authored’ by Michael Ryan on a computer at the offices of Stingray Construction, the premier said Wednesday that it was merely sent to Ryan for details on the valuation. Bush said Ryan then returned the Word document with the information and the statement was “crafted using the same document".
In a short statement released by his office before he left for the UK and this year’s annual meeting with the FCO, Bush accused the opposition leader of playing politics, as it was Alden McLaughlin who had raised the issue in the public domain and questioned if Bush was speaking on behalf of the Cayman people or Michael Ryan when he made his statement.
The premier said he supported the Ritz Carlton property and that government was prepared to be partners with the new owners but it was intent on pursuing the collection of revenue owed to the government.
The duty concessions were given to Ryan when the hotel was built, which he eventually began to pay back as obligated once the hotel opened. However, Ryan ceased making payments to government afterthe UDP took office in 2009, leaving a debt of some $6 million. Ryan now states that he no longer owes the money since the company which is believed to owe the debt was seized by the new owners when they moved to take control of the Ritz and protect their asset as the owners of Ryan’s allegedly defaulted mortgage.
Since the hotel was sold last month at auction to RC Cayman, which is owned by Five Mile Capital, the holders of the debt on the property of some $250 million, the premier has begun publicly disputing the sale price, which played a key part in Bush’s statement and which he says was crafted around information from Ryan.
Bush continued to press the issue regarding the duty and the sale in this latest comment from his office but said it was not his office but the government’s valuation office which is dealing with the matter.
See the full latest statement below.
Related article:
Moses crowned PPM deputy
(CNS): The PPM declared Moses Kirkconnell the party's new deputy leader and the first ever official deputy leader of the opposition. Alden McLaughlin, the opposition leader, said Wednesday that the crowning of Kirkconnell was an indication of the “Progressives” advanced state of readiness ahead of the 2013 General Election and its preparations for government. McLaughlin said the announcement was the first of many that would see the party lay out its election team and the leadership that would, if the PPM is successful, form the next government. The PPM leader said he believed that he and Kirkconnell would work well together leading a new honest, competent government. (Photo Dennie Warren Jr)
With Kirkconnell now sworn in at the governor’s office in this key role, the opposition leader said he was increasingly confident of the Progressives ability to give the country the kind of government it needed. “I’m honoured and very privileged to have him take up this position,” McLaughlin stated, as he pointed to the post's creation under the 2009 constitution.
“I believe we complement each other very well and have worked together since 2005,” he added, explaining that while his new deputy had not run on the PPM ticket that year, he had formally joined the government the day after the election. McLaughlin said they knew each other’s strengths and understood one another well, along with what needed to be done to lead the PPM to victory at the next election and return a credible and transparent government to office.
McLaughlin said that Kirkconnell, who was returned as the first elected member for Cayman Brac and Little Cayman at the last election, was already well supported on the Sister Islands but his reputation extended to Grand Cayman as well, since most people knew who he was and what he stood for. Seen as the business specialist in the party, McLaughlin said that Kirkconnell had concerns about the growing social problems in the community as well.
Kirkconnell said he was looking forward to working with the leader and conscious of the confidence that had been placed in him by his party colleagues. He pointed to the need for unity in the face of the continuing global economic problems and said everyone had their part to play, be it in opposition or government, in working to make Cayman a better place. He said that as time moved towards the elections, the country would be more and more pleased with the people chosen by the PPM as candidates and the direction the Progressives wanted to take the country.
Asked about his position on business issues and the ForCayman Investment Alliance, he said the party could not take a policy position until it saw more details of the project proposals. However, he said, the country needed infrastructure and there was a need to strengthen tourism. When it came to the financial sector, he said Cayman had to be 'best in class' but there was a need for diversification and new economic drivers. A supporter of the Dr Devi Shetty hospital, Kirkconnell also spoke about e-commerce and increasing efficiency.
Speaking about other developments in the party, McLaughlin pointed to the importance of setting out the team ahead of the election so that voters knew exactly who would be in government if they voted for the PPM. He said that swearing Kirkconnell in as the deputy was part of that process. The next step would be the district selections of candidates, and then the party would have a general counsel meeting in February ahead of the official election campaign launch.
“People will know in advance of the election who the leaders are if we get elected,” he said, adding that it was important to move away from the chaos and horse-trading of the past that occurred the day after the election. The PPM was now, he said, ready for the campaign.
“Over the past 18 to 20 months since I was sworn in as leader of the Progressives, we have had a challenging time reinvigorating the party, but we have done a lot of work and are now at an advanced state of readiness as far as the election campaign is concerned,” McLaughlin added.
Although it had not been easy and despite the obvious challenges in the last few months, the party had emerged strengthened and in a much better place. The opposition leader said he was confident the PPM could return to government with enlightened polices and competent honest candidates.
He revealed that the PPM would field a full slate of candidates in the districts of West Bay, Bodden Town and George Town. The new deputy would remain the single PPM representative running in Cayman Brac, and as the opposition party still has a good working relationship with its former member, Arden McLean, and the independent candidate, Ezzard Miller, they would not field any PPM candidates against either men in East End or North Side.
The opposition leader said Osbourne Bodden had confirmed his interest in running in Bodden Town again and new faces, Wayne Panton and Al Suckoo would, with party approval, join him and PPM veteran Anthony Eden on the PPM ticket for what is likely to be a crucial district in the 2013 election.
Meanwhile, in George Town he and Kurt Tibbetts would be joined by former MLA Lucille Seymour, and a new political face, Kenneth Bryan, had also expressed his interest in running in the capital as a Progressive candidate. Woody DaCosta has confirmed his wish to join the Progressives in a bid to represent the people of West Bay and McLaughlin said further candidates for both that district and George Town would be announced over the coming weeks.