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Syed battles for legal funding
(CNS): The former president of the University College of the Cayman Islands, who stands accused of stealing over a quarter of a million dollars from the institution, is caught a legal catch-22 regarding his forthcoming trial. Hassan Syed (47) has been refused legal aid because of his assets but because those assets have been frozen under the Proceeds of Crime Act he cannot access them to fund his legal representation. James Stenning, a local attorney currently acting as amicus curiae (friend of the court) for Syed said he had been granted legal aid for a hearing to try and have his assets released but there are no guarantees and Syed’s right to a fair trial is in jeopardy.
Stenning said that his firm would be prepared to act for Syed if the assets were released or he was granted legal aid. However, with some seventy witnesses in the case and thirteen charges of fraud and theft, Syed would not only need to be represented he would also likely need a Queen’s Counsel because of the complexities of the case. The lawyer also told the court that if Stenning and Associates was to formally go on record to represent Syed at trial, it is very unlikely that the defence would be ready for the case, which is scheduled to open in March.
Crown counsel Toyin Salako objected to any movement of the trial and also insisted that Syed, who has not yet answered the charges against him, be arraigned. She said the defendant has had the details of the counts since his extradition from Switzerland in May and must know whether he is guilty or not. She said that the trial date was set some seven months ago in June, adding that the delays could not “go on forever” and the crown was ready to proceed.
However, arguing on Syed’s behalf, Stenning said that he could not yet formally enter any pleas to the counts on the indictment as he had been advised. He urged the court to give the former head of UCCI more time and at least wait until after the hearing regarding Syed’s assets in the New Year.
Stenning pointed out that Syed was in a very difficult predicament over what are very serious allegations. He warned that at present, the defendant had no way to fund a lawyer and without legal aid or access to his own money he could not get a fair trial because he has no means to fund what will likely be an expensive case.
“If he is to have a fair trial, there must be reasonable time to assess the case,” Stenning said. “It is not as straight forward as it may appear to the prosecution.”
Despite the crown’s objections, Justice Charles Quin adjourned the case until 9 January but said that at his next appearance Syed must answer the charges.
Syed is accused of going on a lavish spending spree on the university credit card, using it for weekends away and luxury items, such as Tiffany jewellery. The alleged abuse of the card did not come to light until 2008, after Syed had resigned during a leave of absence. He was eventually tracked down and arrested in Switzerland and extradited back to Cayman. Syed agreed not to fight the extradition provided he was given bail and the opportunity to receive hospital treatment, as he is understood to be suffering from cancer.
Driver charged after stabbing passenger
(CNS): Police have charged a 33-year-old George Town man following a stabbing and robbery in George Town last month. The assault happened, police said, after the suspect had given a ride to a number of women to an address in Whitman Seymour Drive in George Town. An RCIPS spokesperson said the accused man reportedly got into an argument with one of the women in the early hours of Monday 24 November. At some point she received a stab wound to the abdomen and a mobile phone was stolen. The man was located by police and arrested. He has now been charged with wounding, robbery, and possession of an offensive weapon.
Booze store robbery suspects face Christmas in jail
(CNS): Police have now charged the four men arrested in the wake of a liquor store hold-up last week in Grand Harbour. All four suspect robbers remain in custody and police said they were expected to appear in court this week but they did not say when. Unless the men can schedule a successful bail hearing before the courts close for the holidays, they will be facing Christmas in Northward. The men have been charged with armed robbery and possession of firearms following the robbery last Wednesday evening at the Blackbeard's store next to Hurley’s.
Capt Marvin dies after a lifetime on the sea
(CNS): One of Cayman’s best known tourism pioneers, Captain Charles Marvin Ebanks, died at the age of 98 on Saturday, having operated his local tour company for more than sixty years. He started his career on the sea in the turtling industry when he was still a teenager. Then in the 1950s he began taking tourists to Stingray City on a borrowed boat and was still taking guests out on one of his vessels well into his 90s. As well as being an ambassador for the country’s tourism sector, he made a significant contribution to local culture. Last year he was awarded the Cayman National Cultural Foundation’s highest honour, the Gold Heritage Cross.
He is survived by his 15 children, 33 grandchildren and 27 great grandchildren, and he also lived to see one great-great grandchild.
The funeral service for Capt Marvin has been delayed in order to accommodate the numerous overseas guests as well as the many locals expected to attend and will take place on the afternoon of Saturday 3 January at the Wesleyan Holiness Church in West Bay.
Police charge suspects in $100k credit card scam
(CNS): Four people arrested last week for using cloned credit cards at local businesses have been charged and are expected to appear in court today, Monday 22 December. The one woman and three men from Eastern Europe are accused of stealing over $115,000. The four visitors from the island have been charged with conspiracy to defraud, theft and possession of criminal property. The woman aged 33 is from Romania along with two men aged 38 and 42 while the fourth 39 year old man is from Hungary police stated and all four have been remanded in custody.
Cruise passenger drowns snorkelling off 7MB
(CNS): A 35-year-old man from Michigan, USA, died while snorkelling off Seven Mile Beach Friday afternoon. Police said they received a call at about 3:20pm from Red Sail Sports stating a woman could not find her husband who had been snorkeling in the water off TikI Beach, on the West Bay Road. Staff from Red Sail Sports responded onjet skis and found the man unconscious in the water. CPR was conducted but he was unresponsive. He was taken by ambulance to the George Town hospital, where he was pronounced dead. The man and his wife along with their seven year old child were visiting aboard the Holland America. Police said the matter was now under investigation by officers from West Bay.
Drivers warned as Christmas lights draw crowds
(CNS): The police are asking drivers to be careful on the roads while families enjoy the Christmas lights on show around the island but particularly at the Bodden’s in South Sound and the Creighton’s in Spotts. Police said road signs are in place there to warn drivers about pedestrians are crossing the street near the Creighton property to visit the annual festive light show. Drivers travelling along South Church Street are also asked to use caution near the Bodden’s home and police are reminding pedestrians to look both ways before crossing the streets. Light clothing should also be worn at night and people should walk facing oncoming traffic. “Keep it safe this Christmas,” the RCIPS said.
Cabinet shuffled for Ozzie
(CNS): There will, it seems, be no resignation by Minister Osbourne Bodden as the premier has shuffled his own ministries around to separate him from his chief officer. Premier Alden McLaughlin has swapped his community affairs ministry with his Cabinet colleague’s health portfolio. In a short statement from his office Friday, officials said that from the start of the New Year the premier will take responsibility for health, including environmental health, and culture with Jennifer Ahearn as the chief officer. Bodden will then assume responsibility for community affairs, along with youth and sports, with Dorine Whittaker as the chief officer for that ministry.
Roy McTaggart, councillor to the financial services ministry, will also assist with the Ministry of Health and Culture. The premier will retain his Home Affairs portfolio in addition to the responsibilities for health, his office added.
In the very short statement it was said that the administrative detail and “re-arrangements resulting from these decisions” would be handled by the deputy governor as the head of the Civil Service.
No comment was made about Bodden’s tirade against Ahearn in the Government Administration Building last week w,hen he launched a verbal attack that was heard across the entire top floor. It was witnesses by dozens of civil servants and security officers were called to the location. Although there have been no denials that Bodden made derogatory comments about Ahearn’s Caymanian status, it appears there will be no consequences for that.
It was apparent from the statement that despite the public outrage and calls for Bodden’s resignation, the premier is not demanding that his Bodden Town party colleague step down and has found another way to accommodate the workplace problem created by the major bust-up. However, while the reshuffle will succeed in keeping the chief officer and minister apart, it will do nothing to address the widespread public concerns about the manner of the attack and the divisive insults made by a Cabinet member.
The reshuffle will also mean that as well as dealing with the controversies surrounding his home affairs ministry at present, including the ongoing issues relating to police management and the immigration department, McLaughlin will be heading into another potential public firestorm. The premier will now have direct responsibility for overseeing the solution for the country's waste management problem and the George Town dump.
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Teenager jailed after blinding man with bottle
(CNS): A 19-year-old West Bay man has been sentenced to two years in jail after assaulting another man with a bottle, which led the victim to lose his sight in one eye. Shaquille Bush first pleaded not guilty on 7 February this year but the day after his trial was set to begin he changed his plea to guilty of unlawfully wounding Roy Ebanks in West Bay last September. The court heard that as Ebanks was walking to the Miss Daisy Lane intersection, a drunken Bush shouted for him to leave. Ebanks agreed that he would but Bush caught him off guard with a slap to the left side of his face and then struck him on the right side of his face with a glass bottle.
After the incident occurred Ebanks reported it to the police and was taken to the hospital, where he was told that he had suffered a serious penetrating injury to his right eye and blood in the chamber of his eye. The injury has affected Ebanks’ vision as he is now completely blind in his right eye, which is likely to be permanent.
During the sentencing hearing earlier this month, the court heard that Ebanks was going to the Logwood area to collect limes from a friend for sale when he noticed Bush some distance away. Ebanks said that wen Bush started to shout to him to leave, there were other people around him so he did not know who he was speaking to. Bush came up to Ebanks and said “Get out of here!” and slapped him on the left side of his cheek with his hand, and as Ebanks turned around to leave Bush picked up a glass bottle from the ground and hit him over his right eye with it, causing it to shatter.
Ebanks told social workers in his impact statement that he was completely shocked by Bush’s actions and that he has received what he feels is an insincere apology from Bush, in which he said, “Sorry, I was drunk.” Ebanks has been unable to work for 6 months and has found it hard to readjust back to his regular routine. In addition, Ebanks’ lack of sight has caused him to fall off a step at his house and break his leg.
The outstanding medical bills for Ebanks’ hospital visit are CI $5,526.67 as well as thebill for his broken foot, which is CI $2,165.97.
Since the incident Bush has stated that he “feels really bad” about what happened and has expressed genuine remorse but stated that payment for Ebanks’ medical bills will not be made, and speaking on his behalf, his lawyer said, “Compensation is not going to happen.”
Justice Charles Quin described the crime as a “malicious and violent attack”, where Bush deliberately “picked up a bottle and struck the victim again” after first slapping him in the face. He said this was "a serious aggravating factor” that had been taken into account. The judge also said that there were few, if any, mitigating factors and that Bush’s failure to “provide, or even offer, any compensation whatsoever to the victim does not convey genuine remorse”.
Taking all factors into consideration, including the defendant’s age, the judge said the appropriate sentence would be two and a half years but he gave Bush a discount for his last minute guilty plea, which avoided the need for trial, and sent him to prison for two years.
Teen heard minister’s tirade
(CNS): A teenager taking part in the Chamber of Commerce’s mentoring programme was one of dozens of people who witnessed the verbal assault by the health minister on his chief officer last week. The incident, which has caused outrage in the community and stirred up calls for the minister to step down, was overheard by the student from St Ignatius Catholic High School who was attending the ministry on her first workplace visit with her mentor, Nancy Barnard, the deputy chief officer. The Chamber confirmed that the youngster had reported the incident, which involved yelling and swearing, but that bothCO Jennifer Ahearn, the target of the abuse, and Barnard had discussed the issue with her and explained that it was not normal workplace behaviour.
“Following the incident, Mrs Barnard and Chief Officer Jennifer Ahearn took the time to meet with the student to stress to her that the behaviour she experienced was not normal or proper for the workplace,” an official from the Chamber stated. “Mrs Barnard and the Chamber’s Programme coordinator, Trisha Meyerhoff, also took the time to contact the student’s parents via email and by phone to discuss the incident and to offer further support if necessary.”
Chamber CEO Wil Pineau explained that all mentors are required to complete a mentor training seminar and to submit a police clearance in order to participate in the programme. At the opening reception, everyone was instructed to inform the Chamber’s Programme Coordinator if there is any incident that takes place at the workplace or during any visit that makes them feel uncomfortable or threatened in any way.
“Since the start of the programme in 2003, this is the first report of any incident during a workplace visit,” said Pineau.
Ironically the mentoring programme is sponsored jointly by the Chamber of Commerce and Osbourne Bodden’s ministry, which includes youth in its portfolio.
The Chamber has called for a full investigation to take place and the outcome to be made public. President Johann Moxam, who recently called for unity in Cayman, also raised his concerns about the allegations that Bodden had derided Ahearn’s Caymanian status and said such comments “destroy harmony”.
“The Cayman Islands is a multi-cultural society with residents living and working here from around the world. Our success is based on our ability to integrate and to accept that while we may have cultural and national differences, we are all working to make the Cayman Islands the best place to live and to conduct business,” Moxam said. “Anti-Caymanian or anti-foreigner comments destroy that harmony.
“We need to make every effort to remove these sentiments from our day to day discussions and interactions. Our collective objective should be to create a more inclusive Cayman for all stakeholders, whilst respecting and maintaining our heritage and traditions. This includes native, multi-generational persons married to Caymanians and persons who have lived and worked among us who have been granted the privilege of Permanent Residency and Caymanian Status, as well as those who are seeking to become Caymanian,” he added.
The existing divisions in the communities have been exasperated in recent years as the number of foreign workers coming into Cayman has continued, while the economic recession has taken a heavy toll on the local workforce, which is now competing with cheap labour from overseas.
As government battles to deal with the fallout, it too has been striving for a greater degree of unity and as a result it is the comment from Bodden that his chief was no more Caymanian than a piece of “f^*^ing driftwood” that appears to have exacerbated the minister’s tirade into a national crisis.
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