Archive for December, 2008
Year of the smart phone
(BBC): The last 12 months has seen the launch of iconic devices such as the iPhone 3G, Google G1, Blackberry Storm and Nokia N97. It also saw the emergence of the electronic ecosystems needed to get the most out of such handsets. But all is not rosy in the smartphone garden. The popularity of these devices has brought to light several problems that look set to become acute in 2009. Go to article
Reefs healing from tsunami
(NYT): Scientists thought it would take a decade for the coral reefs in Southeast Asia that were ravaged by the tsunami four years ago to heal, but a study has shown that some reefs have bounced back much faster. Scientists said their examination of 60 sites on 497 miles of coastline in Aceh Province in Indonesia showed that the reefs were recovering. The disaster struck on Dec. 26, 2004, and killed about 230,000 people in a dozen countries. Go to article
Cayman fuels profits for DHL
(CNS): Theinternational delivery and logistics company DHL Express has announced a 22 percent revenue growth in its fastest growing product, Import Express Worldwide — a door-to-door service in the Caribbean. The highest activity for imports using the service was in the Cayman Islands, the Dominican Republic, Bermuda, Jamaica and French Territories in America, where the product registered a 22% average growth rate, the firm said.
The company reported that the growth has been primarily driven by the increase in imports in the technology industry as well as in other sectors, including third-party import-exports and automotive. The top two DHL Express import trade partners for the Caribbean arethe United States and France.
"This growth in imports indicates that businesses in the Caribbean have embraced the speed, reliability, security and simplicity offered by the solution and still have enormous potential for more growth," stated Jaime Hooker, Vice President of DHL Express Caribbean. "Twenty-two percent growth is both amazing and encouraging because it signifies how different countries and industries have adopted this service. In times of economic uncertainty, businesses must utilize and take advantage of efficient resources and tools to their maximum capacity."
Import Express enables customers to send or receive documents and packages of any size, weight or value to and from 120,000 destinations around the world. Using Import Express is very simple: customers only need to open an Import Express account number, which provides all routing order instructions. When submitting an order, DHL Express takes care of each step in the process — from pick-up to delivery. Once the shipment is underway, easy track and trace is available at every touch point throughout the transfer.
"The Caribbean has always been a region with enormous economic potential since it imports twice as much as it exports," said Steve Garside, Commercial Director of DHL Express Caribbean. "Import Express Worldwide is our fastest-growing product because customers from over 220 countries enjoy the simplicity and control of one point of contact, one fixed price, and one invoice in their local currency for all their door-to-door import requirements."
Enough is enough
The issues surrounding Operation Tempura may end up as a blessing in disguise to our community. Caymanians are coming out of their shell – and about time.
Surely not the Caymanian tax payer!
PPM party chair defends rushed tax treaty law
(CNS): Chair of the People’s Progressive Movement, Anton Duckworth (right) has hit back at critics who have said the government rushed through legislation regarding the Tax Information Authority Amendment Bill. While Duckworth agreed the amendments went through the Legislative Assembly at short notice he accuses Tim Ridley (left) one of the major critics of going “over the top.”
In his article The Irony of Politics Ridley drew attention to the lack of debate surrounding what is a very important piece of legislation and said people in the financial services sector were not given any time to scrutinise the changes to the law.
However, Duckworth defended government actions and said that there were good reasons for the speedy enactment and more importantly the amendments are widely supported. He said in the first instance the changes to the bill are technically enabling measures and no surprise to the sector.
“It allows tax information exchange arrangements to be made by this country unilaterally, in a form which we believe will meet OECD standards,” Duckworth said in a statement released before Christmas explaining the need for the amendments and why they were rushed through the house.
He said the recent changes in the global financial situation have seen the OECD turning up the heat on offshore centres and the government was concerned that it might accelerate its timetable.
“This has in fact now happened. The OECD has announced that it will be making its assessment in February. This is one of the difficulties of addressing the OECD’s requirements. The goalposts have a tendency to move,” Duckworth said in justification.
He explained that while continuing to look for satisfactory bilateral arrangements, the government needed the ability to establish information arrangements unilaterally.
“This approach was adopted after discussion with private sector representatives. And it was explained at a meeting on 4 December attended by numerous financial industry representatives,” he added noting that Ridley was invited to the meeting.
The law may still not be enough however, to protect Cayman from potential blacklisting
“As long as there is the political impetus for this kind of tactic, we must expect that there will be continuing demands, from the OECD and from others, that we are called on to meet in order to avoid being deemed uncooperative,” Duckworth said. “Both the government and the financial industry understand the need to work together, they have been doing so, and I am sure they will continue to do so. If Tim or anyone else thinks they know a better way, or wants to help, they should let the government know. If Tim wants to know more sooner he should come to the meetings.”
Duckworth also criticised Ridley for suggestingthe PPM government was not practising what it preaches.
“I think he knows that in the last three and a halfyears there have been very few occasions on which it has introduced measures on short notice. It may be recalled that the previous Government did it frequently. This is not an end to public consultation, good governance, or life as we know it in these Blessed Isles,” he said.
The TIEA was passed on 19 December and forms part of government’s strategy to try and address potential onshore threats to the financial sector in the Cayman Islands. The idea is that if Cayman enters into bilateral tax information exchange agreements with countries the quid pro quo is that the countries in question will remove Cayman from blacklists and agree not to discriminate against the jurisdiction. In the past however the negotiations have proved sticky with some international governments not necessarily seeing the quid pro quo benefits. With the global circumstances however things have changed and the OECD is talking tough about identifying uncooperative offshore centres, by reference to the number of tax information exchange arrangements they have.
Home for Christmas
(CNS): As the owners of the first homes built through the Affordable Housing initiative on Cayman Brac were presented with their front door keys on Christmas Eve, both Sister Islands MLAs looked forward to the continuation of the programme. Opposition member Julianna O’Connor Connolly said that under a UDP government the only change would be that it would extend to people who want to build on their own land. (Left: Loretta Grizzel with daughters Tishel and Channah)
“I’m extremely pleased the houses were able to be turned over to their new owners on Christmas Eve,” said PPM member Moses Kirkconnell. “It’s a tremendous achievement. I look forward to continuing the programme and to getting more houses started so more families can move in as quickly as possible.”
O’Connor Connolly noted that the Brac’s affordable housing policy had started under the previous administration and that the UDP had left $800,000 for the programme when the government was handed over to the PPM after the 2005 elections. The programme would remain the same if there was another change in government after the 2009 elections, though she said they would aim to get more houses built within the four years.
“The only difference would be that if someone had property, we would extend the programme so that they could build on their own land. The object is to get as many people in their own homes as possible,” she said, adding, “I’m very grateful to the government for continuing the programme and getting these four families in their homes for Christmas.” (Right: Trudy McLean with daughter Tetiana)
The day before Christmas, the four families gathered at the West End site off Alta Vista Drive to accept their door keys from Andre Scott, Chairman of the Board for the Sister Islands Affordable Housing Development Corporation (SIAHDC), a government-funded non-profit company that manages the programme, which was formed at the beginning of the current PPM administration.
“I’m ecstatic!” said Jennifer Ebanks, who co-owns one of the four houses with her partner Wezley Pryce. “This is the best Christmas present I’ve ever had.” With all documentation complete, Loretta Grizzel and Trudy McLean were also able to move in to their homes 24 December, while Simone and Alton Campbell expected the final documentation for their home to be completed by Monday 29 December. (Left: Wezley Pryce and Jennifer Ebanks and family – daughters Michella and Mekita Ebanks and granddaughters Jyasia and Jessiah)
Todd Eldridge, who is employed by the corporation to manage the programme, said that over the first quarter of 2009 the next phase would be getting underway, which would include beginning construction of the next four homes (two 2-bedroom houses and two 3-bedroom houses), starting the playground and getting fifteen lots on the affordable housing land surveyed. (Right: Alton and Simone Campbell)
The area allotted for the playground has already been filled and cleared and the equipment, which is the same as the playground equipment already in place at the Watering Place affordable housing site, has in fact been stored in container at the Public Works compound on the Brac since 2005.
Public Works will be putting in the side roads for the existing houses and the next four homes, which will form a loop off Alfred Scott Road.
Eldridge said the corporation was inviting tenders for the four new homes, and the board would be sending its recommendations to the Central Tenders Committee.
(Left to right: Wezley Pryce, MLA Julianna O’Connor Connolly, Loretta Grizzel, Jennifer Ebanks, Simone and Alton Campbell, Programme Manager Todd Eldridge, Trudy McLean, MLA Moses Kirkconnell, Board Chairman Andre Scott)
Fifth of corals are dead
(Bloomberg): One-fifth of the world’s corals have died and many remaining reefs may be lost by 2050 as carbon dioxide from cars and pollution-spewing industries make ocean water warmer and more acidic. While natural disasters such as the earthquake that set off the Indian Ocean tsunami in 2004 killed some reefs instantly by forcing them out of the water, seas made warmer by heat-trapping CO2 gas is the biggest threat to corals. Go to article
Rapist charged on Christmas Eve
(CNS):
Christmas Message
A Christmas message from Leader of Government Business Kurt Tibbetts: Christmas greetings to all citizens and residents who make up the family that is the Cayman Islands, and a warm welcome to our visitors as well. This season, and indeed throughout the year, it has become even more obvious that family is one of mankind’s greatest gifts – whether defined as being a family of many nationalities, faces and aspirations; or of being a family in the more traditional sense.
And it is great because in the family setting, one is free to experience other wonderful gifts – such as understanding, and ambition. To some, these may appear to be strange presents. They can’t be tied up with pretty bows, or wrapped in shiny paper. But these gifts were embodied in Christ – our Emanuel, our God with us.
It is Christ who defines family; Christ who demonstrates true understanding; and Christ who still dares to be ambitious in His love for us, who still says it’s possible for humans to reach higher.
These may seem like lofty, abstract thoughts, but they are manifested very simply.
As I reflect on Christmas, for example, I naturally think back to a time when children were thrilled to see daddy coming home from sea. Not only did he offer mama a much-deserved break, daddy sweetened our quiet, happy lives with candy, a new toy, and sometimes new shoes!
The gifts of family, understanding and ambition are all in that memory. And just as He gave us goodness back then, our Heavenly Father is giving us goodness right now. Indeed, as we think back over the past 12 months, we see these gifts in action. They have caused us not only to endure but in many instances, do well – in spite of the challenges, during what has been a watershed time for our people.
Looking around the Caribbean, to the Americas and even to Europe, and even farther beyond, we see that trials and hardships respect no person. Human tragedy and natural disasters impact so many people. Economic hardships grip the world and we, too, feel its fingers tightening around us.
Nevertheless, every day on the streets of the Cayman Islands, we still encounter men and women, and boys and girls, who are filled with the loving, caring spirit of Christ.
And like Him, we realise that we are our brother’s keeper.
We saw this after Hurricane Paloma struck all three islands, but particularly Cayman Brac and Little Cayman.
Residents in those Islands have since worked hard to rebuild their homes and businesses, and their families and friends in Grand Cayman were quick to extend a helping hand, having had recent, firsthand experience with a nasty storm called Ivan.
This empathy is founded on the deep understanding that family members share.
So too, we found understanding in the many NGOs, who offered vital assistance after Paloma, and throughout the year 2008.
God’s blessing to these organisations, and to the many PTAs, church groups and service clubs who endeavoured to lead our youth and to protect the helpless – especially the elderly, the children and the abused.
It is true that we are our brother’s keeper.
Being family as we are, we also can give to each other the gift of understanding. As a country, we have made great strides in working to improve this.
But our understanding needs to reach out beyond our shores. As time marches on, the world gets smaller. We therefore recognise that while we are immediate family here in the Cayman Islands, we have extended family that we need to hold as close as possible.
In the region, and also with the UK, we aim to improve their understanding of our culture – of our subtle nuances, and of our not-so-subtle differences. In turn, we seek to know more about them – their goals, their visions.
It is only by understanding that we can all move forward, maintaining our identities and yet becoming more unified on shared ideals.
This understanding, then, leads to another gift: The gift of ambition. We in Cayman may have a different approach to some issues that are on the global agenda, but that makes us no less ambitious for growth, prosperity, and social harmony.
So then, as a government and as a people, we must encourage each other to move in positive directions, overcoming hurdles and staying on course.
This Christmas, I want to urge everyone to think ambitiously about 2009. Think about what you can say, or what you can do, to further the advancement of these Islands.
If we all accept this as our personal responsibility, we will find ourselves giving and receiving gifts not just during Christmas, but during every day of the year.
Our hearts go out to those who have lost loved ones and friends this year. But let us remember that God has a plan for us all.
I’m sure that in keeping with tradition, many of us have wish lists, either in our minds or written on paper. But I trust that at the top of each one – numbered even higher than iPods, new clothes, and flat-screen TVs – we have our collective wish for family unity; understanding; and a new year that brims with ambition.
Let us begin 2009 with the blessings that only come from the Source of all gifts – our Lord Jesus Christ!
May God bless us with a peaceful Christmas, and may our families have a very safe and Happy New Year!
Top cop says sorry to judge
(CNS): For the first time since his arrest the police have made a public apology to Justice Alex Henderson and admitted in open court that both the arrests and search warrants were unlawful. The latest Acting Police Commissioner, James Smith, stood to make the apology on behalf of the RCIPS and also members of the Special Police Investigating Team, SIO Martin Bridger and Richard Coy, who arrested Henderson on 24 September 2008.
As the Attorney General’s office, now representing the police with regards to the Henderson case, had not contested the claims in the second judicial review before presiding judge Sir Peter Cresswell, the visiting expert judge made the official declarations that the arrest was unlawful on 23 December in the Grand Court, following which Smith also made his public apology.
After the reading of his judgement on the arrest and his official declaration, Cresswell said it was inappropriate to comment too much since the issue of damages was still to be resolved but that the circumstances warranted a very speedy resolution because of the seriousness of the errors committed by Senior Investigators and the fact that Henderson was a serving judge.
“The extraordinary failure of Mr Bridger and his adviser has caused very serious damage to Justice Henderson and his family,” said Cresswell. He pointed to the fact that the judge had not only suffered unlawful conduct but it was most regrettable that there had been such a delay on the part of the police to admit it was unlawful. “These extraordinary failures will have a wider impact,” he added. “It is important to the Cayman Islands that the police should act properly to all citizens.”
During his ruling Cresswell cited numerous media statements and correspondence where neither Bridger nor the governor had taken the opportunity to admit that the arrests and warrants were unlawful and apologise to Henderson.
However, he allowed Smith to take the stand and make a short and full apology. Smith told the judge that while he had only been in post for a few weeks the first thing he realised about the special investigation on his arrival was that an apology was required for Henderson.
“As Acting Commissioner of the Royal Cayman Islands Police Service, I wish to offer my heartfelt unreserved apology on behalf of the Royal Cayman Islands Police Service to Justice Henderson for personal distress, reputational damages and professional embarrassment caused to him and his family as a result of the unlawful arrest and the subsequent unlawful searches of both his home and work place,” said Smith. “Martin Bridger and Richard Coy also wish to express sincere apologies to Justice Henderson and his family for the unlawful arrest and searches.”
The apology was an adaptation of the one first given to Cresswell when the hearing opened on Monday 22 December, which he had noted did not acknowledge that the arrest and searches were unlawful.
Once the revised apology had been read, Cresswell thanked the Acting Commissioner but then quickly moved on to the need for both parties to try to reach agreement on damages, avoiding the need for a hearing, and bringing a speedy resolution. However, he established a hearing schedule in case a settlement could not be reached out of the court room. The timetable was considerably shorter that the legal representatives had requested and Cresswell was unsympathetic to requests for more time by Douglas Schofield, the assistant solicitor general representing Bridger and the police . Cresswell said his client had made serious errors and there was a need to have it addressed quickly. The hearing if required was set for mid-February 2009.
Schofield confirmed that Henderson’s legal team’s costs would me met by the Cayman Islands government and that Finance Committee would resume on 15 January to appropriate those funds, but no offer was made for any interim damages payment on account.
One other issue which also arose during the day’s proceedings was of particular concern to Cresswell as it involved the court receiving incorrect information during the first judicial review in October and he was very keen to correct the situation.
During the complex revelations of the original judicial review, which found the search warrants issued against Henderson to search his home and office to be illegal, the court heard some of the advice for the drafting of the information on which the warrants were issued came from Andre’ Mon Desir, who was the former Special Counsel to the special investigation and practicing in Cayman.
However, after the ruling was handed down on 29 October Mon Desir contacted the Cayman media to inform them that he had never advised the investigating team on the Henderson case. Schofield told the judge that the legal advice on the information had actually come from Martin Polaine the legal adviser from the UK who was not familiar with Cayman Islands law and who had also given Bridger the advice for which Henderson’s arrestwas based.
On discovering the court had been misinformed, Cresswell said that if it was wrong he should have been told at the time in the interests of accuracy. More importantly he said the issue of the qualifications of who was advising the police was hugely material to the first judicial review. “I express profound disquiet that the court was misinformed,” he noted. Making a footnote to his original ruling, he said that Mon Desir should be sent a copy explaining what had happened.
When the review was over, Henderson’s legal representatives Ramon Alberga, QC, and Shaun McCann of Campbells expressed their pleasure with the outcome. However, Bridger, who had been present throughout the proceedings, made no comment on Cresswell’s damning condemnation of his “extraordinary failures”.
Smith said that while the situation was still in litigation it was inappropriate for him to make comment but he was hopeful that he would be able to comment more on the wider situation with Operation Tempura once the Henderson chapter was closed.