Archive for November, 2008
Lobster season begins
(CNS): The Department of Environment has said the public needs to comply with the laws during the three month open season for lobster catching which begins next Monday 1 December and runs until 28 February 2009. Only spiny lobster (panulirus argus) may be taken during the period and the catch limit is three lobsters per person or six per boat per day, whichever is less.
Lobsters may not be taken in depths less than 20ft with the use of spearguns (which includes hook-sticks, pole spears, and othersuch impaling devices; and must be licensed by the Marine Conservation Board).
Violation of any of the marine park regulations and conservation laws attracts a maximum penalty of CI$500,000 and one year in prison. Upon conviction, any vessel and equipment used in obtaining the illegal catch may also be forfeited.
In recent years in and around the region the spiny lobster numbers have been in decline as the species has been over exploited the quality of reefs are also essential to the Caribbean lobster. The preservation of reefs some scientists say will eventually help to increase lobster populations
Justice Levers will fight on
(CNS): Despite the fact that Justice Alex Henderson has returned to work and the Special Police Investigation Team (SPIT) has reportedly turned its back on its investigations into the country’s judiciary, the Cayman court system is still down one of its most widely respected judges. Justice Priya Levers is facing a tribunal over unspecified allegations and, according to sources close to the judge, she intends to fight on despite some questionable issues regarding the evidence.
Although rumours have persisted that a settlement had been discussed, CNS has learned that this is not the case and that Justice Levers is exceptionally keen to clear her name of what are considered by many to be spurious accusations and return to the bench and the work she loves as soon as possible.The tribunal was originally set to commence Monday, 24 November. However, it was announced on 16 October by the Governor’s office that the hearing was being moved to 23 February 2009, although CNS has learned that Justice Levers’ team is still waiting on some evidence regarding the accusations against her.
Concerns have been also been raised about the behaviour of some employees in the Legal Services Department who have reportedly copied personal papers without Justice Levers’ permission and which have now turned up in the tribunal evidence. Of particular concern is how the Chief Justice’s office has obtained a copy of private documentation concerned with Justice Levers’ last requests in the event of her death. One source has told CNS that she is very upset and disturbed that such personal and private correspondence meant for members of her family and her executers alone has been copied by staff at the courts and has now found its way into the alleged evidence against her.
Although the details of the accusations made against Justice Levers have yet to be made public, sources close to events told CNS that they have no justification and that the Justice enjoys wide support from the legal community.
The official announcement that accusations had been made against JusticeLevers, questioning her behaviour, was made on 16 September when the Governor said she was suspended as a result of certain complaints brought to his attention earleir this year.
“Having given the matter the most careful consideration I have appointed a Tribunal under the relevant provisions of the Constitution to inquire into the matter and report back to me,” the Governor had said at the time when he suspended her from performing her judicial functions whilst the process unfolds.
According to the terms of reference of the tribunal it will carry out a "…factual investigation and report to the Governor whether the conduct of Madam Justice Levers taken as a whole has fallen below the standard reasonably to be expected of a holder of the office of Judge of the Grand Court so as to warrant proceedings for her removal…”
In response, Justice Levers spoke through her legal representative at the time denying any misbehaviour and said, with the assistance of her experienced legal team, she intended to vigorously defend all the allegations made against her to the fullest extent permissible by the law. The lawyers also noted that the scope of the inquiry had already completely exonerated Madame Justice Levers from any financial impropriety or irregularity implied by some media reports. CNS has also learned that Justice Levers has requested an open hearing in the interest of justice and transparency. CNS has made attempts to contact Justice Levers directly regarding her case and the exposure of her private correspondence and is still awaiting her comment regarding these matters.
Civil service petition ban
(CNS): Local activist Sandra Catron says that she has real concerns that civil servants are being told they cannot sign petitions that involve government policy. She thinks that many people who would want to sign her on-line petition to force government to establish an official paedophile register are being prevented from doing so because of their government jobs and their democratic rights are being denied.
Catron, who has been championing the cause of exposing those who commit and are convicted of acts of child abuse, is pressing for the establishment of an official register for convicted sex offenders. As a result she has created a website and a petition which has proved to be extremely popular. However, recent campaigns, including one to stop a road being built through George Town’s remaining indigenous forest and another campaigning for the right of women to carry pepper spray, have both reportedly produced official memo’s and letters from the Chief Secretary’s office telling civil servants they cannot offer their signatures.
“It is my understanding that civil servants have directly been told not to participate in petitions in general terms that are ‘controversial or involve government’. I’m surprised that a government that ran under openness and transparency would not immediately rectify this situation,” said Catron, who noted that there is nothing in the Public Management Law and Personnel Regulations that states civil servants cannot participate in the democratic process.
“As such, I would encourage the legal department to make a statement clarifying the position from a legal perspective. Civil servants are very afraid of being victimized and some have expressed to me that victimization is at its height,” she added.
Government is the largest employer on the island employing more than 3,500 people, and Catron said that they are being denied a voice in participatory government, which she says is not only morally but legally wrong.
“The PPM government was given almost a unanimous mandate by the people to change things and nothing, in this regard, has changed. I recall back in 2003 when people wanted to sign the petition for the referendum – we were discussing these same issues and here we are 5 years later and this topic has still not been addressed directly.”
CNS contacted the Chief Officer in the Portfolio of the Civil Service to ask what would happen to any civil servant who signed Catron’s or any other petition, and why letters had been sent to public sector workers telling them not to sign such things when there is no mention in the Public Management Law that they cannot. However we have yet to receive any comment.
However, CNS understands that there are letters in circulation signed by the Chief Secretary George McCarthy indicating that public sector workers should not sign anypetitions. Moreover, Catron also states that her website www.caymansexoffenders.org has been blocked to civil servants.
Catron points out that a long history of civil servants believing they are not allowed to have an opinion is being exploited, when really they have every right in law to sign petitions and speak their minds openly and publically.
There is no doubt, judging by comments on the CNS site, calls to radio talk shows and correspondence to the print media, that Catron’s campaign to not only have sex offenders named once charged with an offence but to have them registered so residents know their whereabouts when released, is despite the controversy a popular one.
New top cop nuclear expert
(CNS): Following the very sudden departure of Royce Hipgrave, who had recently been appointed to serve as Acting Commissioner but turned the job down last week, Governor Stuart Jack has announced the appointment of another Acting Commissioner of Police to take over from David George the Acting Commissioner who was acting for Stuart Kernohan. James Smith has come from the Civil Nuclear Constabulary, a predominantly armed force which is responsible for policing the UK’s nuclear materials and facilities.
The Governor said in a statement released today, 24 November, that Smith comes with over 35 years policing experience ,during which time he has led internal and external enquiries; commanded responses to significant international events, including in the Command Team for the July 2005 London terrorist bombings, and has wide policing experience in a variety of countries and jurisdictions. “He spent 30 years rising through the police ranks in Scotland, then became a Commander in the Metropolitan Police Service before becoming Deputy Chief Constable of the UK’s Civil Nuclear Constabulary from 2006-2008,” the Governor added.
Smith is due to arrive to take up the temporary role as top cop on 1 December.
“I am honoured that His Excellency the Governor has invited me to lead the RCIPS at such a critical point and am hopeful that in the coming months I will provide stability, clear direction and strong leadership to the police service,” Smith said. “I look forward to working with members of the government, partner agencies and the citizens of the Cayman Islands.”
George departs Cayman tomorrow and in the interim, DPC Anthony Ennis will serve as Acting Police Commissioner. Hipgrave arrived in Cayman on 18 November and apparently informed the Governor he had changed his mind on Wednesday, 19 November, citing an unacceptable aspect. Although CNS was unable to confirm, there is speculation that the "aspect" in question was directly linked to the Special Police Investigation Team (SPIT) led by Martin Bridger, and the subsequent firing of Stuart Kernohan, the Police Commissioner who had been suspended since March of this year because of Bridger’s investigation.
Smith is expected to serve for six months and comes from a very different background to that of Hipgrave, who had experience serving in an Overseas Territory. Smith was a senior officer with the CNC, a very specialist police service dedicated to the nuclear industry with Operational and Support Units based at Nuclear Sites in England, Scotland and Wales. Officers serving on the CNC have an exclusive role. The force is described as being positioned between providing protection for civil nuclear licensed sites and safe-guarding nuclear materials, nuclear site operators, policing and nuclear regulators as well as interlinking with Home Office forces.
Given the comments made by Sir Peter Cresswell in his ruling regarding Bridger’s investigation recently, which he described as “taking the nuclear option”, Smith’s experience may prove to be invaluable.
Sister Islands insurance coverage
I read with interest and disappointment that it is unlikely that the Sister Islands will benefit from the 16-member Caribbean Catastrophic Risk Insurance Facility (CCRIF), of which the Cayman Islands is a participant, to assist with the impact of hurricane Paloma.
Based on the reported statements from a representative of the CCRIF, it seems that the way in which the risk and payout model is structured the estimated damages would not trigger ”an automatic payout” from the CCRIF to assist the Sister Islands. This is because the policy is focused on the Cayman Islands as a whole and it is not estimated that there is “significant damage to economic activity or government infrastructure required for continuity of national administration”.
That may well be the case in terms of looking at the nation as a whole but it seems pointless that the Sister Islands, which is a separate and unique area of economic activity, has not been addressed by the policy’s parameters after the devastating effect of hurricane Paloma for a number of reasons:
The Sister Islands gross domestic product (GDP), which is the measure of the size of its economy, is likely no more than 50 million. I participated some years ago in what may be one of, the, if not the only, original measures of the Sister Islands GDP and at the time it was approximately 35 million and would have grown since then.
Approximately 50% of all economic activity in the Sister Islands is related directly or indirectly to the public sector. Therefore, even if the damage to public sector infrastructure is not large in absolute numbers, it is important to understand that the resulting impact of any damage to government infrastructure on the Sister Islands economy will still be very significant.
While thereare no official estimates of the actual damage in the Sister Islands as yet, it is obvious that even if the financial damage ranged from the 15 to 20 million, as recently quoted by one government official, that this would amount to between 30 and 40% of the Sister Islands GDP. If that does not qualify as an economic disaster, then nothing else will.
For the purposes of an insurance facility aimed at dealing with economic risks, the Sister Islands should be treated differently to one of the other districts due to a number of implications owing to their unique geographical location.
The Cayman Islands suffers from a unique disparity between its official GDP and the “local reality” as far as the actual measurement of the domestic economy is concerned. Figures from the international business sector (offshore financial services) are included in the measure of what constitutes the country’s GDP. This figure is then divided by the total resident population to get the GDP per capita, which is the traditional proxy measure of the standard of living used by most countries and bodies like the World Bank and IMF. The Cayman Islands has one of the highest GDP per capita anywhere in the world, which now stands at around US$45,000. Because of this the country is often treated as it were better off than it really is in terms of access to resources. It therefore tends to fail to qualify for certain types of assistance as compared to other countries which are more obviously “developing countries”.
But we should not let that traditional issue impact our ability to draw on an insurance facility such as the CCRIF. If the parameters of the insurance policy really do not take into account the unique nature of the Sister Islands as an important and separate economic area of the Cayman Islands, then it would appear that the policy (or our participation in it) is seriously flawed. If this assumption is incorrect then hopefully the relevant authorities will be able to draw on the funds with urgency and the reported statements of the CCRIF, which suggest that assistance to the Sister Islands is unlikely, are incorrect.
Crash victims airlifted out
(CNS): Both of the men involved in a serious one-vehicle car crash on Saturday have been airlifted to Jamaica for treatment. The two men who are in their 20’s, may have been speeding when the grey Honda Civic in which they were travelling crashed on Eastern Avenue at around 1:50am on Saturday, 24 November, near Uncle Bills.
Police said the 911 Emergency Communications centre received a call from a member of the public reporting that a car had crashed into a CUC pole on Eastern Avenue. The Royal Cayman Islands Police Service (RCIPS) and medics responded to the scene and the men had to be cut free from the vehicle by Fire and Rescue officers.
Neither of the two men were wearing their seatbelts at the time of the crash and witnesses have told police that the car may have been speeding before it crashed.
Officers from the Traffic Management Unit are currently investigating the crash and would like to hear from anyone who saw the crash or the vehicle prior to the crash. Anyone who can help should contact Chief Inspector Courtney Myles on 946-6254 or 926-0649. 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.
New Brac hotel on track
Despite the recent passing of Hurricane Paloma, the West Inn Hotel on Cayman Brac, which is currently under construction on the southwest of the island on the banks of Salt Water Pond, is on track for completion in February. Owner Cleveland Dilbert told CNS that the storm had set construction back by approximately one month.
The shingles on the roof, which workers had finished putting up Thursday 6 November, were all blown off by Paloma two days later. However, aside from this, with a solid poured concrete building and a little luck, the only other damage was a couple of windows, Dilbert said. (Left: view from WIH 2nd floor)
News is not so good at the Brac Reef Beach Resort (BRBR), where the storm levelled the lobby area, office, boutique and work-out room, and caused major damage to the upper floor guest rooms, with one room totally destroyed, according to Hotel Manager Trudy Viers. Currently the hotel is being assessed for damage, but meanwhile 18 staff members, some of whom had lost their homes, were working on cleaning up and in the kitchen, and they had a crew from Grand Cayman working on repairs to the rooms left standing she said. (Left: the remains of the lobby)
Viers said the kitchen was half functioning, although it had considerable roof damage. A gas stove and a ”phenomenal” kitchen staff enabled the hotel to produce three meals a day for police and customs officers and workers at the hotel. “We’re having some of the best after-hurricane meals you could have,” she said. (Right: Manager’s office)
The BRBR has been the only functioning hotel on Cayman Brac since September 2006, when the Divi Tiara Beach Hotel suddenly closed – though the timeshare units have been open to those timeshare 
owners who have refused Divi’s offer to transfer their ownership elsewhere. There are now plans to use the hotel rooms in the two most eastern blocks to house the workers of McAlpine Construction, who will be on island for reconstruction work, CNS has learned.
(Left: Divi Hotel – block on right is one of two slated to become accomodation for workers, though the hotel has been closed for over two years. Below: West Inn Hotel eastern view)
Early life clues from amoeba
(New Scientist): Fossil tracks on the seabed could be the handiwork of oversized amoebas that roamed the ocean 1.8 billion years ago, if their modern counterpart is anything to go by. While exploring the Bahamas, a scientist has discovered a new species of giant amoeba called Gromia sphaerica. As the grape-sized protozoan rolls along the ocean floor, it sucks up and spits out sediment, leaving behind long grooves and ridges. Go to article.
Funds managers cut fees
(Reuters): Hedge funds hard hit by the global financial crisis are becoming more open to offering lower fees to institutional investors amid diminishing returns and assets under management, investment consultant Watson Wyatt has said. In the first 10 months of the year hedge fund losses have reached 15.48 percent, according to Hedge Fund Research. In October investors pulled $40 billion (27 billion pounds) outof hedge funds with further outflows expected during the rest of the year. Go to article.
Tree auction brings in cash for research centre
(CNS): According to organizers this year’s Festival of Trees, the Central Caribbean Marine Institute’s (CCMI) annual fundraiser exceeded projected goals with an estimated US$100,000.00 raised during the the grand finale dinner and auction on Friday night.
These included Vico Testori and the staff at Pappagallo as well as the new partners, Camana Bay, Uncle Bill’s, Celebrations and Abacus restaurant. The new event partners were instrumental in turning the Festival of Trees into a week-long event, which started last Monday at Camana Bay,” the committee added.