Archive for September, 2008
Judge bailed as arrest shocks
(CNS): The shock waves of the arrest of Grand Court judge Justice Alex Henderson, who has now been released on bail, have reached his native Canada, where former colleagues have expressed their surprise. Describing him as a household name in British Columbia (BC), where he was a Supreme Court justice, the Canadian media reported that those who worked with him there were in disbelief.
Brian Hiebert, managing partner of Davis LLP, where Henderson worked between 1981 and 1995, told the Canadian media Henderson was a man of integrity.
"From my personal interaction with him, he was always a person of tremendous integrity, so this is quite a shock," said Hiebert, from Davis LLP’s office in Vancouver, characterising him as a "very well-respected, very highly regarded litigation lawyer" in BC. "He did a lot of high-profile cases, both civil litigation and criminal litigation. By all accounts, he was very well respected as a lawyer and as a judge," he said.
Supreme Court Associate Chief Justice Patrick Dohm told CBC News that he was "astounded" by Henderson’s arrest, adding that the Henderson he knew was beyond reproach and had no dark side.
As the silence over what had happened in Cayman remained deafening, CNS contacted various members of the legal community for comment and also tried to establish who is representing the judge, but has so far been unsuccessful. During their respective announcements to the media on Wednesday morning, both Governor Stuart Jack and Senior Investigating officer Martin Bridger gave very little away concerning the details of the arrest.
“As this process moves forward, we are dealing with many difficult, multi-faceted issues. As such there are times when some information simply cannot be shared without prejudging certain outcomes or jeopardizing aspects of the investigation,” the Governor said, adding that the arrest had nothing to do with any judgements Henderson had made. Bridger indicated it was directly connected with the original special investigation surrounding corruption allegations made against Deputy Commissioner Anthony Ennis and publisher Desmond Seales. Bridger, however, noted it was not related to the so-called break-in of the Cayman Net News premises.
Jack stated that the implications relating to the judge’s status and pay were being assessed by Chief Justice Anthony Smellie with regard to the provisions in the constitution. Henderson is one of four Grand Court judges, a figure currently down to two with the suspension of Justice Priya Levers, who is facing a tribunal regarding undisclosed complaints. While the Governor sought to reassure the community that this would not impair the course of justice, given that 50 per cent of the country’s Grand Court judges are out of action, there are serious concerns that the justice system will be in trouble.
Henderson came to Cayman in 2003 following his retirement from BC’s Supreme Court and a long and respected legal career. Henderson was often hired in his native country by the Crown to prosecute special criminal cases, including the so-called Bingogate scandal of the early 1990s, which brought down former NDP cabinet minister Dave Stupich and forced the resignation of then premier Mike Harcourt.
He was the special prosecutor who went after former BC premier Bill Bennett on charges of illegal insider trading in connection with a fortuitous sale of shares in Doman Industries, just before the company announced it was pulling out of a merger deal, though Bennett was acquitted. He also represented the BC Law Society in a case against former Vancouver mayor Jack Volrich on allegations of misusing client funds.
Henderson came to Cayman as an acting judge in the Grand Court in 2000. He then moved to the Supreme Court in the Turks and Caicos Islands where he was acting Chief Justice. He returned to Cayman in 2003 as a Grand Court judge. He is co-author of “The Business of Crime”, a report to government on organised crime and money laundering, and co-editor of “Criminal Jury Instructions”, a reference book used by Canadian judges in instructing juries.
Paulson snubs British PM
(The Telegraph): Hank Paulson, the US Treasury Secretary, is understood to have rejected a request for a meeting with Gordon Brown, delivering a snub to the Prime Minister during his visit to America. Mr Brown announced in his Labour Party conference speech that he would be meeting "financial and Government leaders in New York" in a bid to resolve the financial crisis gripping world economies. Go to article
C&W warns of hoax email
(CNS): Cable & Wireless is advising the public that an email sent earlier this morning with the subject heading “Cable & Wireless – Some serious stuff read very important” is a hoax and is being sent from a third party and not from C&W. The information in the email is completely false and the public is urged to ignore this email and not respond to sender.
.jpg "Judge Arrested")
Judge Arrested
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(CNS): Justice Alex Henderson has been arrested in connection with the independent investigation, the Governor Stuart Jack announced this morning, saying he was saddened by the event. Martin Bridger, Senior Investigating Officer, said the arrest was directly connected to the original investigation surrounding accusations made against Anthony Ennis.
“I want to make it clear that this is part of the original investigation which commenced with allegations made against Deputy Commissioner Anthony Ennis and Cayman Net News Editor-in-Chief Desmond Seales,” Bridger said. Offering scant details surrounding the arrest, Bridger said Henderson had been arrested for offences relating to misconduct in a public office and that it was not directly related to the circumstances surrounding the unlawful entry into the Net News offices.
Speaking to the media at the Government Information Service (GIS) offices, the Governor said that the arrest had no bearing on any of the judgements made by Henderson, and the process of justice would not be interfered with. He said the Chief Justice, Anthony Smellie, was currently assessing the implications concerning Henderson’s pay and status while the justice remained in police custody.
Bridger said that while he was aware of the impact of the arrest, the decision was taken after careful consideration of the evidence available and with the benefit of independent legal advice. “I have said previously I will go wherever the information or evidence takes me,” he said, adding that he was now nearing the time when he would be interviewing Commissioner Stuart Kernohan and Chief Superintendent John Jones.
“I acknowledge that these are difficult times and the latest development will generate much public debate. That said, I ask the community and the media in particular not to prejudge the guilt or innocence of any individual involved in this investigation,” Bridger said. “I am aware that there is increasing desire from the community to bring these matters to conclusion. I understand that, but at the same time I want people to know that with investigations of this nature there are many strands and processes that one has to go through.”
The Governor acknowledged that there were concerns over the cost of the year-long investigation and he did not deny recent reports that so far in excess of $1.67 million has been spent.
“It is important to know that investigations of this nature inevitably take time and money. I do believe it is of national importance to pursue this specific investigation to its full conclusion, and I again ask for your support,” the Governor said. “I know there is speculation about the cost of this investigation; however, the price of doing nothing is far greater in regards to the long term credibility and reputation of the Cayman Islands as a safe and economically viable jurisdiction.”
The Governor also said that the decisions he was making surrounding this investigation were very difficult and causing him many sleepless nights.
Cubans move on
(CNS): Six Cuban migrants departed from Cayman Brac on Saturday, 20 September, Immigration Department officials report. When the six males arrived off that island’s north coast, they were advised of the Cayman Islands immigration policy. Prior to leaving, however, the Cubans were allowed to effect minor repairs to their vessel. On Sunday the same group made a brief stop off East End, Grand Cayman to check weather conditions, before continuing once again.
.jpg "PAC Chair rejects criticism")
PAC Chair rejects criticism
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(CNS): Chairman of the Public Accounts Committee (PAC) and PPM member Osbourne Bodden has accused opposition member Rolston Anglin, who also sits on PAC, of “not being truthful” in his accusations in Monday’s Caymanian Compass that the committee is investigating the Auditor General’s report on government’s financial reporting and jumping ahead of other important reports to the PPM’s advantage.
In the article, Anglin suggested that the PPM wanted PAC to put this investigation ahead of others because it reflected badly on government “and they want to look at that now so they can blame it on the civil servants”.
Furthermore, he said that when the PPM took office after the May 2005 election and installed Bodden as chairman, the government said the chairmanship of PAC would pass over to the opposition as soon as it had completed reviewing all of the reports concerning the previous government. Anglin indicated that, with Bodden still chairman this close to the next election, the PPM had reneged on their promise.
“Mr Anglin is simply not being truthful to suggest that the committee is rushing ahead with this hearing at the expense of older Auditor General reports,” Bodden said. “This approach was agreed in our admin committee meetings (in his presence) due to its topical importance for the general public.”
He said the committee had decided to call on all chief officers and chief financial officers of all ministries and portfolios to find out where they stood with getting the financials completed and to update the public through these public hearings.
“This is the one sanction that we as Legislators have and Mr Anglin was adamant that we do this. He and I even issued an earlier press release on the matter. It is in everyone’s interest to have this matter resolved and hence we would like to be a part of the solution and not a part of the problem,” Bodden said.
“So to say I am surprised by his utterances in today’s paper is an understatement and I am disappointed that a past Chairman of the committee and a long-serving member would bring our actions into disrepute. This is political posturing if ever there was, and there is no need for this with a standing bipartisan committee of the House – such action only dilutes our effectiveness in the long run,” he added.
As for his remaining as chairman, he said this would continue until PAC was through all reports of the previous administration. Bodden maintained that to change over to an opposition chairman at this time would delay the consideration of these reports even further.
Answering a further charge that PAC had not met as often as it could have, the Chairman said, “The committee has met as often as possible and has been diligent in its work. Mr Anglin knows how difficult it is to hold meetings, and as he is often unavailable or late, he should be the last to complain.”
New book sounds alarm for Cayman plants
(CNS): Forty-seven percent of the Cayman Islands’ native plants are now threatened with extinction, mainly because of the tide of deforestation that is accompanying the incredibly rapid growth of the human population, according to local environmental specialist Frederic J. Burton, whose new book, Threatened Plants of the Cayman Islands – the Red List, will be available in local bookstores in the Cayman Islands from 27 September.
The book highlights the group of plants that are totally unique to the Cayman Islands – plants like Old George, the Ghost Orchid, the Cayman Ironwood tree, and the Grand Cayman Sage. Many are literally on the brink of extinction, and one purpose of this book is to document which ones are endangered, and to what degree.
Burton explained that the conservation status of any plant (or any living thing) is normally defined by an international standard known as the Red List, which is what he uses in the book. Working from an estimate of the current population size, the generation time, land area occupied, rates of habitat loss and other threats, the Red List process yields a standard measure of the risk of extinction.
“Undertaking the formal Red List conservation assessments for each of the Cayman Islands’ 415 native plants was a daunting task but it wasn’t until I’d finished and started summarising the results that I realized what a shocking conclusion we had on our hands,” Burton said.
The main content of the book is written in non-technical language for all readers. This includes a description of the main natural vegetation communities on the three Cayman Islands, with photographs and maps, followed by the individual plant descriptions. This work doubles as a professional reference, giving the formal conservation status of the entire Cayman native flora in extensive tables at the back of the book, and a scientific paper detailing a new vegetation classification system for the islands on a CD attached inside the back cover.
Published by the Royal Botanic Gardens, Kew, London, in association with the Cayman Islands Department of Environment, the book contains 105 full-colour pages and is bound in reinforced softback. It will be on sale locally at a recommended retail price of CI$19.95. The author devotes a full page to each of the 28 plant species and varieties considered unique to the Cayman Islands, with colour photographs accompanying the description for each. A further 14 plants that the Cayman Islands shares with only one neighbouring island are also included.
“The Department of Environment is very pleased to have facilitated this publication,” said Director of Environment Gina Ebanks-Petrie. “We see it as an extremely important and timely addition to our efforts to highlight the urgent need for legislation to protect and conserve the diversity of our local flora.”
Dr Colin Clubbe of the Royal Botanic Gardens at Kew added, “By raising awareness of the status and the threats to Cayman’s flora, and formalising this using the internationally recognised Red List Categories and Criteria, the Cayman Islands is leading the way in the botanical conservation in the UK Overseas Territories. This will provide a model and inspiration for other Territories and we are delighted to have been able to publish this on behalf of the Cayman Island conservation community.”
Threatened Plants of the Cayman Islands – the Red List will be launched at Hobbies & Books / Books bythe Bay at Grand Harbour on Saturday, 27 September, at 6:00 pm. Everyone is welcome and there is no entry charge. The author will give an illustrated presentation about the work behind this publication and will be signing copies. Some of the uniquely Caymanian plants featured in the book will be on sale at the event, courtesy of Grand Cayman’s new Native Tree Nursery which will soon be opening in the QE II Botanic Park.
A second event will take place at Books & Books at Camana Bay, on Wednesday, 1 October, at 7:00 pm. The book will also be available at the Book Nook, the QE II Botanic Park, the National Trust offices on South Church Street, and other locations on all three islands.
DoE fights on for orchids
(CNS): According to the Department of Environment, it has not yet given up on the orchids which were seized in the Netherlands by Dutch customs earlier this year on their way to the Chelsea flower show in London. Despite recent rumours that the unique endemic blooms had found their way into the hands of private collectors, Mat Cottam from the DoE said that the orchids are still with the Dutch authorities and the DoE continues to negotiate for their release.
“Discussions are ongoing; however, the legal issues are complicated and will take some time to resolve,” said Cottam. “We are working together with Dutch authorities, DOT and DEFRA in the UK to seek a solution to the situation.” He explained that this was a genuine red tape mistake and not an attempt to illegally transport endangered species. “We remain hopeful that the Dutch authorities will eventually see this and at the very least let the orchids go to Kew Gardens in London. We have a very robust MOU with Kew who would become the custodians of the plants but they would still belong to the Cayman Islands.”
The Dutch authorities responded to CNS equiries this week and confirmed that the flowers were still in their hands. CITES representative Henk Vonk said that they were in one of Holland’s botanical gardens. "Specialist men are taking care for the flowers," he said. "They are in good condition and one is flowering."
The eight Ghost and Banana orchids which embarked on the journey to Chelsea fell victim to the bureaucracy when one of the documents required under the Convention for the International Trade in Endangered Species (CITES) was overlooked. Andrew Guthrie, Director of the Queen Elizabeth Botanic Gardens, was the driving force behind the Heritage Garden, which went on to win a silver medal and proved a major attraction at the show. He explained how the paperwork came to be missing.
“Unfortunately, no one involved was aware that the EU had recently imposed further restrictions on CITES level II plants, which required a CITES import permit from the destination country in addition to the CITES export permit,” he said. “This is strictly an EU rule, not an international CITES rule. The orchids had all the permits required from Cayman, but because we weren’t aware of this very recent requirement, they did not have a CITES import permit.”
He said that at some point the CITES management authority in the Netherlands would decide whether the plants are returned to the Cayman Islands or will remain in the Netherlands-designated CITES rescue site, but Guthrie agreed with Cottam that there was still a chance that the orchids would be allowed to go to Kew, where they were originally intended to go after the show, but the plants could not be sold.
Guthrie also noted that the concerns people had in Cayman that these flowers were exceptionally valuable and therefore vulnerable were misplaced. He explained that both of these endemic species of orchids have left the Cayman Islands in the past, and there are a number of commercial growers overseas who have had these plants, especially the Banana Orchid, for decades.
“The Banana Orchid is already in commercial production, people are selling it but no one is making a fortune off of them and no one ever will,” Guthrie noted. “In the ’60s, ’70s, and early ’80s certain orchid growers in Florida would come to the Cayman Islands, especially Cayman Brac, and collect massive quantities of these orchids to ship back and sell. They also paid people in the Brac very small sums of money for the orchids that they collected for them. So, worrying that these orchids might get out into commercial production is like closing the barn door after the horse has bolted.”
Guthrie noted too that the missing orchids had no detrimental impact on Cayman’s exhibit at the Chelsea Flower Show, which went on to win a medal. “We wanted to be able to point out a couple of our endemic plants for interest but they were not necessary for the exhibit as a whole,” he added.
Guthrie said the rumours that the plants were being sold for vast sums of money may have started as a result of an idea that a marketing company in the UK came up with to auction the plants off for the Blue Iguana Recovery Programme, before it had established that this is not allowed with CITES plants. Guthrie added that Cayman’s achievement at the show was significant and the fact that the Cayman Islands’ very first Chelsea exhibit won a silver medal was, in the horticultural world, equivalent to winning a silver medal at the Olympics and far more important than the seizure of the orchids.
Man charged in connection with drive-by shooting
(CNS): According to a statement from the police a 25-year-old man who was arrested on suspicion of attempted murder last week has now been charged with possession of an unlicensed firearm with intent to commit an offence. Fabian Powell was arrested following a report of a drive by shooting which occurred on School Road on Friday, 12 September.
A woman who was arrested at the same time on suspicion of being an accessory after the fact of attempted murder, obstruction and disorderly conduct has been released on police bail. Powell, who resides in George Town was due to appear in court on the afternoon of Tuesday, 23 September and the Royal Cayman Islands Police Service (RCIPS declined to comment on why he was not facing attempted murder charges.
Powell and the women were arrested by the Uniform Support Group (USG) on Crewe Road at lunchtime on Tuesday 16 September during an investigation by George Town Criminal Investigation Department. The investigation had started after police received an unconfirmed report of shots being fired in the Rock Hole area from a car at around 11:50 am on Friday 12 September. Officers responded to the scene, and officers were told a car had passed and fired shots. Police later confirmed that evidence had been found to confirm the shooting had occurred.
Anyone with information about crime taking place in the Cayman Islands should contact their local police station or Crime Stoppers on 800-8477 (TIPS). All persons calling Crime Stoppers remain anonymous, and are eligible for a reward of up to $1000, should their information lead to an arrest or recovery of property/drugs.
Support for parents of multiples
(CNS): The Cayman Multiples Support Group will be holding a meeting this Sunday, 28 September, from 3:00 to 4:00 pm at Motions Unlimited Gym on Sparky Drive. According to organizer Tim Dailey, the meeting will be a casual get together for parents and children to play together and discuss the unique challenges associated with raising twins, triplets and higher order multiples.
"Multiples parents often find themselves overwhelmed by the challenges of raising more than one child at a time," said Dailey. "Personally, we have twins, and we have been coming to the meetings since before they were born. We found it a great comfort to chat with similar parents and get ideas and tips for dealing with twins." According to Dailey there are a significant number of twins on island, probably over 25 pairs, and at least one set of triplets.
"We have been getting together as a group for over two years," he said, acknowledging that recently meetings have been scarce but interest has grown. Finding a suitable venue to let the kids run around in a controlled way that allows the parents the opportunity to chat has been challenging," said Dailey. "However, when we approached Motions they were extremely receptive, offering us full use of the facilities at a very reasonable cost."
Motions Unlimited is a fully equipped gymnastics facility with over 11,500 square feet of equipment designed to promote fun and fitness in kids of all ages. Classes are offered in all age groups from 15 months to the teen years.
"We have been taking our kids to the ‘Me and My Shadow’ classes for 15 to 36 month olds and they love it," said Dailey. "It is a great diversion for the kids and gives us time together with them out of the house and in a safe and fun environment." The classes are very informal, he noted, adding that they are tailored to the abilities and needs of each age group.
"The instructors work with the kids to encourage them to try new activities," he says. "And if the kids just want to run about and play, they are free to do that too." Additional information about Motions can be found on their website www.motionsunlimited.com or by calling 749-8365.
"We are hoping that this meeting will lead to a long term relationship with the gym and we are currently planning to increase meetings to be held on a monthly basis," said Dailey.
Noting that there are a large number of multiples on the island he went on to add that the sharing of information is invaluable. "Not only is it two or three of everything, it is also all about scheduling, working routines and staying sane!" he said. Parents of multiples or those expecting multiples are encouraged to attend and share their experiences.
"As mentioned, there are at least one set of triplets on island, and recently one of our parents of twin boys welcomed their second set of twins," he said. "Now that is a challenge not many parents can say they have had to face!"
"We are hoping to build a strong network of parents to share information of topics that are unique to multiples, or more prevelant in multiple births." Noting that most twin parents experience challenges in the course of their pregnancy and child rearing, Dailey said it is great to know that you are not alone and that others have gone through it and are there to offer support.
"Many of us have formed close friendships with other parents, and we hope to welcome more multiples into our group," he said.
For more information, contact Tim Dailey at 916-8005 or e-mail him at caymanmultiples@hotmail.com or tdailey@candw.ky.