Archive for February, 2009
Crime – Part Two
In 1997, on instructions from the FCO, our governor invited the Cayman Islands public to determine what changes it would like to see happen by the year 2008.
The governor appointed a Planning Team to identify 16 topics of importance, and to set broad terms of reference for 16 committees. The committees were open to any and all volunteers – native Caymanians, immigrants and transients alike. Some were regular attendees, others dropped in and out. The committees’ recommendations were decided by consensus, not by majority vote.
It’s a pity there wasn’t a 17th committee on the topic of crime. Maybe crime wasn’t a big issue back in 1997. But it is a big issue today, and there’s no reason why a 17th committee couldn’t be ordered up now.
The Vision-2008 exercise was not wholly free of political manipulation, of course. Many of the Committee Chairmen were political cronies or stooges. I had a front-row view of the shenanigans that changed the Immigration Committee’s report after it had been signed-off. Also, there were spies parachuted into at least one of the other committees for the purpose of derailing recommendations for reform.
I guess concessions had to be made to the politicians of the day, who were naturally wary of this wild venture into genuine democratic free speech. The same things would happen with a Crime Committee. There would certainly be solid resistance from those in our community who benefit from crime, directly or indirectly. I don’t think those peoplecan be defeated by a committee of volunteers; but we have to do what we can.
When it comes to drafting a Crime Committee’s formal terms of reference, our governor might follow the lead of the legendary Greek of 2600 years ago whose surname or nickname was reported to be Draco, which was more or less the Greek word for “dragon”. He was commissioned to give the early mini-state of Athens its first written, public, legal code. Faced with a mixture of unpublished written laws and arbitrarily enforced oral traditions, he decided to write down every single rule in current use. Thus, the citizens and foreign residents of the community got to see exactly what their laws said. There was hell to pay when they realized how harsh and arbitrary some of the secret laws were.
In time, as memories faded, poor Draco was misremembered as the actual creator of the harsh rules, instead of merely their recorder. The word “draconian” came to be applied to harsh laws in general; and that’s how it is used today. In time, too, the hereditary ruling class allowed some of the harsh laws to be abandoned, and the unfair punishments to be eased. The easing gradually morphed into what came to be called “democracy” – the power of the whole citizenry to decide, by voting, what its laws should be.
This is much the same situation we have in Cayman now. Our population is rather more than Athens’s was in Draco’s day, but the composition was pretty much the same. Serious tensions existed between bloodline natives and foreign residents then, and there, as they exist here and now. Our governor could commission a Crime Committee to codify all our unwritten laws and arbitrarily enforced oral traditions, and to publish the code.
In theory, all our laws are available to be read by citizens and foreign residents. Ignorance of the law is no excuse, right? However, in practice we need to pay professional interpreters to tell us exactly what the laws say. Few of our laws are easily readable by non-lawyers. (That’s why we need Legal Aid for the poor – though I hear it has just been cancelled. So much for our precious “Rule of Law”. What a joke.) In practice, most laws are secret to the general public. Hands up all those who feel confident they know all the rules governing immigration? Huh. I don’t even see Franz’s hand up.
In theory, all our laws are applied equally to citizens and foreign residents. In practice, the protection of the law is largely withheld from our lowest-paid transient workers. Many of our rules are enforced or not enforced at the discretion of government officials. Enforcement or non-enforcement largely depends on access to citizens of influence. That influence can usually be bought, by cash, favour or friendship. Yes, the protection of the law can be bought.
What we have in Cayman is a pre-Draco situation. As a community we have learnt to live with the discretionary application of the law, however distasteful we find it. But if we must buy influence and justice and the protection of the law, at least let’s have a published schedule of fees. Even a “marl road” schedule would be better than the present system. Many countries in the world have word-of-mouth schedules of unofficial fees. We would not be alone.
Our Work Permit system cries out for some formalization, doesn’t it? So does our Planning approval system. It has long been joked that in some government agencies, no file goes missing if it has a $100 bill clipped inside its cover, and a file can be fast-tracked in exchange for a case of whisky at Christmas. But nobody likes to be over-charged, and there needs to be a proper schedule.
How much of their migrant workers’ wages can a dishonest employer withhold before being held to account? How many times must a domestic servant ask for her unpaid wages before being deported for being sassy? I must say I wouldlike to know those things, if I were a domestic servant. It seems only fair.
KPMG sponsors regatta
(CNS): The Cayman Islands is to host an international sailing regatta later thismonth, in which six Cayman teams will be battling two teams from Nassau Yacht Club Bahamas and one each representing Manhattan Sailing Club USA, Royal Burnham Yacht Club UK, Montego Bay Yacht Club Jamaica and Royal Bermuda Yacht Club. The third KPMG International J/22 Regatta, will take at the Cayman Islands Sailing Club (CISC) from 26 February to 2 March.
According to CISC, J/22s are 22-foot yachts typically with a skipper and three crew members, and are among the most popular racing boats in the Cayman Islands. The Cayman teams have been through a strenuous qualification process and are now confirmed as: Compass Marine, skipper Mike Farrington; CISC Youth Team, skipper Marina Maffessanti; Ciao!, skipper Jane Moon; Radium, skipper Donald McLean; Yahoo, skipper Bruce Johnson; Mayhem, skipper Mark Edmunds.
The racing will be held in the North Sound, approximately five minutes from the CISC clubhouse. The event will be officially opened on the evening of Thursday, 26 February with a reception and Commodore’s Cocktail Party at the Cayman Islands Sailing Club. Practice sessions will be held on Friday, 27 February, and the races themselves – up to 9 – will be spread over the three subsequent afternoons.
KPMG expects to have a big presence at the regatta supporting a Sailing Youth Day for North Side School children while also providing volunteer opportunities for KPMG staff who will help out with many of the evening events.
“We are delighted to support such a prestigious international sporting event for the third year. It is great to be a part of something that gives Cayman as well as the CISC some international exposure,” said Kris Beighton, Partner and Head of KPMG’s Corporate Social Responsibility Programme.
“We are delighted to have KPMG on board again as our title sponsor for this event” commented CISC Commodore Andrew Moon. “The partnership between CISC and KPMG works well and we are able to offer a high quality event with excellent sailing competition and social camaraderie which is enjoyed equally by competitors, officials, spectators and volunteers”.
Other sponsors and suppliers of goods and services to the regatta include Kirk Freeport, Harbour House Marina, Caribbean Marine Services, Tortuga Rums, Flowers Bottled Water, Champion House Catering, Mainstay Sailing, Subway West Shore & Industrial Park, English Bakery,Cost-U-Less, Infocus Photos Ltd, Cayman Islands Sailing Club and the local J/22 boat owners.
The regatta features a number of social events which are open to members and non-members and this year includes an art exhibition “Colours of Cayman” by local artists Avril Ward and Dora Williams. Part proceeds of any art sales will go to CISC sailing programmes.
For further information about the event or the CISC, contact Club Manager, Rick Caley on 947 7913 or at admin@sailing.ky.
Local law firm increases legal team
(CNS): Responding to growth in the firms litigation and fund work Conyers Dill & Pearman (“Conyers”) has added three new associates as attorneys-at-law. Stephen Leontsinis has joined the Litigation team, while Tania Dons and Preetha Pillai have joined the Corporate Department.
Richard Finlay, (left) Managing Partner of Conyers’ Cayman Islands office said it was down to the firm’s superior investment funds and litigation capabilities.
Shock as Tanzania teachers caned
(BBC): The teachers union in Tanzania is considering legal action after 19 school teachers were given the cane. The primary teachers were caned by a police officer after an inquiry into poor exam results at three schools. The report blamed teachers for being late or not showing up for work and not teaching the official syllabus. The deputy education minister has condemned the caning but asked the teachers not to take action until the case has been investigated. The union is thinking of taking action against District Commissioner (DC) Albert Mnali, who ordered the caning in the northern region of Bukoba. Go to article
50 killed in plane crash
(New York Times): A Continental flight from Newark to Buffalo crashed into a house about five miles from Buffalo Niagara International Airport on Thursday night, killing 50 people, officials said. The plane carried 44 passengers, a crew of 4 and an off-duty crew member, according to the Federal Aviation Administration and Continental Airlines. All the people aboard the plane and one person in the house were killed in the crash, which occurred in the hamlet of Clarence Center, N.Y., said Chris Collins, the Erie County executive. Go to article
Drivers break law with tints
(CNS): With a growing number of vehicles coming to its attention with very dark, black, or reflective tint the Department of Vehicle and Drivers’ Licensing (DVDL) has said that vehicle owners should be aware that the legal limit for window tint is 35 per cent light transmission. For safety reasons vehicle windows must let in enough light.
“Very dark tint is a safety hazard,” DVDL Deputy Director Richard Simms explained. “If the tint is too dark, a driver may have difficulty seeing a cyclist or pedestrian.”
The DVDL also said that despite inspectors compelling vehicle owners to remove excessively dark tint during annual inspections, some drivers are illegally replacing the dark tints once their cars have been passed through the inspection. The DVDL said people who do this and are caught with tint that lets in less than 35 per cent light can be fined $500 and imprisoned for six months, according to the Traffic Law (2003) part 8, clause 115.
Moreover, a number of international road safety groups suggest that there is a lack of evidence that tinting provides any significant benefits in keeping a car cool but there is evidence to show visibility is significantly reduced. Concerns are that even with light tints driver vision at twilight and night-time is reduced which presents a safety risk to both the occupants of vehicles with tinted windows, as well as to other road users. Another area of concern is the potential loss of eye contact between drivers on the road.
Cayman prepares for potential disaster
“Some of the skills that will be taught in the training sessions will not be entirely new to some of the participants, but have already been put into practice in past disaster drills and exercises, such as the simulated plane crash on Shamrock Road,” said HMCI Deputy Director Omar Afflick.
“However, the country must always maintain a state of maximum readiness for a major incident and this training will seek to improve the country’s overall preparedness and response capacity." He explained that a Mass Casualty Incident is any event where the number of victims is large enough to disrupt the normal course of emergency health care services.
“For example we could be looking at an emergency on a large scale following a situation such as an earthquake or a major fire, or perhaps something like a multi-car traffic accident. It is important to have pre-established procedures in place for rescue mobilization, incident site management and hospital reception to meet any specific challenges we face here in Cayman,” he added.
Stanford faces investigation
(Bloomberg): Stanford Group Co. a Houston-based investment firm led by billionaire Allen Stanford the founder of the failed 20-20 cricket tournament, is under investigation by US securities regulators over sales of certificates of deposit in its affiliated offshore bank and the consistent, above-average returns those investments pay. Investigators have visited six Stanford Group offices last month, downloaded information from computer hard drives and looked through files, people familiar with the events said. Go to article.
Leader hits out at HRC
(CNS): The Leader of Government Business has criticised the Human Rights Committee over its rejection of Section 16 in the Bill of Rights within the new constitution and accused its members of attempting to derail the final approval. Speaking in the Legislative Assembly following the arrival of the agreed constitution from London, Kurt Tibbetts said that he was disappointed with the position the HRC has taken and asked them not to destroy the consensus that has taken years to achieve.
However, the HRC has not said it in intends to campaign against the entire constitution but is asking government to give voters a choice. They would like to see the referendum ask if people would like Section 16 to be a free standing right to apply across everyday life, as was originally intended, or one confined only to the bill itself.
LoGB said in the LA that the HRC is undermining a deal which was a long time in coming, and given Cayman’s current lack of human rights, the compromise reached over the Bill of Rights has created a way to enable the UK’s obligations to be met and satisfy the church while ensuring the first step on the road to a human rights culture for the islands.
Tibbetts reminded the HRC that the most controversial aspect of the entire constitutional modernization exercise has been the content of the Bill of Rights. “The struggle has always been to draft a Bill of Rights which would satisfy the UK that it met all its international obligations under the various conventions and treaties to which it is a signatory, while at the same time respecting Caymanian sensitivities, moral standards and values. It has taken eight years, but we have done so,” he added.
The LoGB said that representatives from virtually all churches in the Cayman Islands were on board with the newly revised bill, which had been no mean feat. “It has taken tremendous perseverance, forbearance, creativity, intellect and a willingness to compromise on the part of all concerned,” Tibbetts noted, adding that it was disappointing that despite the involvement of the Human Rights Committee in every step of the process, including their attendance and contribution at all three rounds of the Constitutional Talks with the United Kingdom, they are determined to campaign against the draft Bill of Rights on the basis that it does not go far enough.
The HRC has said that Section 16 of the Bill of Rights is unacceptable as the compromise position adopted at the end of the second round of talks to accommodate the churches’ desire to discriminate against homosexuals had created a non-discrimination section which is limited to application only within the Bill of Rights. The HRC explained that the original Section 16 of the draft Bill of Rights stated that the government should not discriminate against anyone at any time.
“The right to equality was originally included as a ‘free-standing’ right and applied in all areas of daily life, including healthcare, housing and employment. This meant that it could not be restricted and made to apply only to certain rights and not to others,” the committee said, explaining that by restricting its application to the bill Caymanians would not be protected from discrimination in many areas.
However, the Leader of Government Business said that allparties made concessions in order to reach agreement on a document that everyone could support. “The government has not achieved everything it pushed for, neither has the Opposition, the Chamber of Commerce, the Cayman Ministers Association, the Conference of Seventh Day Adventists or, indeed, the Human Rights Committee. I believe it is fair to say that in some instances even the UK gave more than it would have preferred. But that is the way negotiations work,” he added.
Tibbetts said it was wrong for the HRC to now attempt to derail the final approval of the new constitution because they have not succeeded in obtaining all they pushed for. He accused the HRC of saying that if it cannot have the Bill of Rights it wants, it is better to have none at all.
“Cayman presently has no constitutional provision for human rights. Whatever its perceived shortcomings by the HRC, the present draft bill significantly advances human rights protection in this jurisdiction and, importantly, it has the support of both the Cayman delegation and the United Kingdom Government,” Tibbetts added. “I say to the HRC, half a loaf is better than no bread at all. Let’s hasten slowly. Do not attempt to destroy the national consensus which has taken 8 years and millions of the country’s money to achieve.”
The committee is however not campaigning against the entire bill of rights but is now starting a petition to get generate support to persuade government to give voters a choice in the referendum in May. The committee has proposed simply asking the voters if they would like to see the referendum offer a choice and ask if people would like Section 16 as a free standing right to apply across everyday life or one confined only to the bill itself.
Moreover, the committee has also noted that while compromise on political issues is to be expected, compromise on fundamental rights is very difficult. “At the heart of every valuable constitution or bill of rights throughout history, there has been the principle that all persons are equal and entitled to equal treatment before the law. The draft Cayman Constitution has abandoned that idea,” the committee said this week.
Police round up burglars
(CNS): Burglaries in the islands’ capital in particular have been on the increase since the start of the year, but police say they are making headway in the fight against this crime. The Royal Cayman Islands Police Service (RCIPS) said that twenty people have been arrested and property has been recovered in the last few weeks. Police said that since 1 January, the number of break-ins taking place have been on the increase, with George Town being the most effected district.
“Burglary has been a problem in the Cayman Islands for a long time and it’s something we continually work hard to address,” said Detective Inspector Kim Evans of the Criminal Investigation Department. “The start of the year saw a spike in offences but we have arrested 20 people over the last few weeks and I am pleased to say that only a few break-ins have been reported so far this week, with some days resulting in nothing being reported. I hope this is a trend that will continue.”
The RCIPS has been employing various measures to tackle the burglaries, most of which have centred on targeting known offenders. Areas which have been hardest hit, such as Walkers Road and Windsor Park, have also been the subject of increased police patrols and high visibility policing.
Evans said there are many things the public can do to help address the problem, including ensuring properties are secure by locking doors and windows, keeping and eye on their neighbourhoods, reporting suspicious behaviour to police and looking out for stolen goods.
“One of the things we are always conscious of is what happens to the stolen goods,” Evans added. “One of the most common items stolen is laptops. What happens to these? If you are offered something for sale at a low price or without all its attachments or manuals for instance, an alarm bell should sound. It should be remembered that handling stolen goods is an offence.”
Anyone with information about burglaries 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.