Archive for February, 2009
Prince surveys Brac damage
(CNS): On his fourth visit to the Cayman Islands, HRH Prince Edward spent two hours Thursday morning, 5 February, on a lighting tour meeting Cayman Brac residents and surveying the damage left by Hurricane Paloma, which struck the island 8 November 2008. Paloma, a category 4 hurricane that grew in strength rapidly just before it hit the island, catching many off guard, caused an estimated CI$50 million worth of damages in the Sister Islands. (Left: the prince meets 32 Storm survivors Ray and Rosie Scott)
Most of the damage was on the Brac, where around 85% of all buildings were damaged. Additionally, 42% of businesses, all hotels and condominiums, and 32% of government buildings were also damaged. Of the 1,207 buildings on the island, 56 (5.36%) were destroyed, 182 (15.93%) sustained major damage, 231 (19.75%) had medium damage, 543 (43.39%) had minor damage, and just 195 (15.57%) sustained no damage at all, according to figures from the Ministry of District Administration, Planning, Agriculture and Housing and Hazard Management Cayman Islands. (Right: at Spot Bay)
Arriving at at the Gerrard Smith International Airport, where he was met by Acting Governor George McCarthy, MLAs Julianna O’Connor-Connolly and Moses Kirkconnell, District Commissioner Ernie Scott, and Acting Head of the Governor’s Office Alan Drury, Prince Edward drove through the north side of the island.
Passing West End, where 21% of buildings were affected by Paloma and seven were destroyed, the prince’s party travelled to Spot Bay, where 152 buildings (11%) were affected and 11 buildings destroyed. Seeing some of the damage by car and walking part of the way for a better look at the district, the prince was greeted next to the Spot Bay Park by a crowd of residents as well as children from Spot Bay School. Among those gathered were a number of Brackers – Rosie and Ray Scott (above), Faith Tatum and Lurley Scott (left with MLA O’Connor-Connolly) – who had survived not just Paloma but the 32 Storm, which devastated the island 76 years earlier. He also met Dr Mark Laskin and staff from the Cayman Islands National Recovery Fund, and Kris Beighton from KPMG, which has donated to the fund.
The party then moved onto the Brac Police Station at the Creek, which sustained major damage in the hurricane and has been unusable since. (Police are currently headquartered at the Brac campus of the University College of the Cayman Islands.) Then onto the trailer park at Watering Place, where eight trailer homes are currently housing 20 people. Some 60 residents are also believed to be living in other forms of temporary housing. Approximately 100 residents were displaced by the storm altogether but around 90% are now back in their homes, according to the DAPAH Ministry.
No residents were at the trailer park when the prince arrived, but 73-year-old Meridith Dilbert, whose home was blown off its foundation, later told CNS that the trailer home she had been allotted was “not too bad”. She said, "I lost everything in the storm and I hope something will come up and I get another place,” and added that she continued to sleep at a relative’s house because she didn’t like being alone at night. (Right: Crowds gather at Spot Bay)
Stopping briefly at the Seamen’s and Veterans’ Centre on the Bluff, where 93 people who sheltered there during Paloma were given a fright when part of the roof buckled in the storm, Prince Edward passed the Aston Rutty Civic Centre, where eight elderly residents of the Kirkconnell Community Care Centre remain in the medical wing of the island’s main hurricane shelter. During Hurricane Paloma, the medical wing of Centre housed 23 people, including hospital patients. Since Hurricane Paloma, three KCCC residents have passed away.
Prince Edward then made his last stop at the Brac Reef Beach Resort, which at the time of the storm was the Brac’s only hotel. (Leftto right: Deputy DC mark Tibbetts, MLAs Julianna O’Connor-Connolly and Moses Kirkconnell, Prince Edward and DC Ernie Scott)
There he met Kyle Hooker, the grandson of the hotel’s founder Linton Tibbetts, who gave him an update on the hotel’s recovery progress. Despite the fact that an entire section of the hotel – which included the lobby and office area, the exercise room and boutique – Hotel Manager Trudy Viers told CNS she expects the resort to re-open in June. A new hotel, The Alexander, is also nearing completion.
The Prince returned to the airport at noon for a last farewell to a group of schoolchildren gathered to wave him off as he headed for Grand Cayman.
Brac Students wave goodbye to the prince at the airport
Earl recognises young Dukers
(CNS): One of the stops on Prince Edward the Earl of Wessex’ brief visit to the Cayman Islands yesterday (Thursday 5 February) was the Governor’s house where he presented 53 bronze Duke of Edinburgh awards and 9 silver to young people who had participated in the programme. The Earl congratulated the young people and said he hoped that they had enjoyed participating and that it had given them opportunity to see what they could achieve and had spurred them on to do more in their lives.
“To all these young people, I know that although the award is about individual achievement it is also about a team effort,” Prince Edward said. “They know that working as a team they got this far, but also a lot of other people have been involved teachers, leaders, parents, friends whoever it is thank you for all that you have done and I hope you have shared a little of the pride watching these young people receive their certificates.”
He said he hoped that the awardees would keep on the programme and move on up to the next level and aim for gold. “I hope one day to see you all up there with a gold pin and representing your country,” he added.
The Duke of Edinburgh Award scheme was established in 1956 by the Duke of Edinburgh the husband of Queen Elizabeth II. Operating in over 120 countries it is dedicated to the development of young people. Since the Cayman Islands began participating hundreds of young Caymanians have gone through the programme and gone on to achieve bronze, silver and gold awards.
Women’s prescription vitamins in voluntary recall
(CNS): A significant number of prescription prenatal vitamin products manufactured by Ethex Corporation have been recalled. The Cayman Islands Medical Officer of Health, Dr Kiran Kumar, said he is alerting consumers of the voluntary recall, which includes a wide range of vitamins, because the products may have been manufactured under conditions that did not sufficiently comply with current Good Manufacturing Practice.
Ethex Corporation is a subsidiary of KV Pharmaceutical Company in the United States. According to a statement issued by the company, persons who may have these products in their possession should continue to take them in accordance with their prescriptions as the risk of suddenly stopping needed medications may place patients at risk. Anyone who experience any problems that may be related to taking or using any prenatal products manufactured by Ethex Corporation should immediately contact their physician.
The recall announcement is posted on www.kvpharmaceutical.com
The list of Prescription Prenatal Vitamin and Iron supplement Products being recalled is as follows:
Advanced NatalCare® Tablets
Advanced-RF NatalCare® Tablets
Cal-Nate™ Tablets
CareNatal™ DHA Tablets
ComBgen Tablets
ComBiRx™Tablets
NataCaps Capsules
NatalCare Gloss Tablets
NatalCare PIC Tablets
NatalCare PIC Forte Tablets
NatalCare Plus Tablets
NatalCare Rx Tablets
NatalCare Three Tablets
NataTab FA Tablets
NataTab RX Tablets
NutriNate® Chewable Tablets
NutriSpire™ Tablets
Prenatal MR 90 FE Tablets
Prenatal MTR w/Selinium Tablets
Prenatal Rx 1 Tablets
Prenatal Z, Advanced Formula Tablets
Ultra NatalCare Tablets
Anemagen Caplets
Anemagen Forte Caplets
Conison™ Capsules
Fe-Tinic™ 150 Forte Capsule
UK agrees on Constitution
(CNS): Updated Friday 1:55pm. The UK government has agreed to most of constitutional proposals presented by the Cayman delegation. Gillian Merron said today that she welcomes the draft constitution for the Cayman Islands. The UK Foreign Office Minister for Overseas Territories said she was delighted over what she described as the successful conclusion of the Cayman Islands Constitutional Talks. The third and final round of negotiations with the UK and the Cayman delegation took place in London this week chaired and hosted by Merron.
“I am delighted that we have been able to work together to produce a draft new constitution for the people of the Cayman Islands, for whom this will be an important step forward,” Merron added. Despite the controversy and concerns of the Human Rights Committee on the limitations to the Bill of Rights Merron said she welcomed its inclusion as a first step in raising awareness of and strengthening respect for and the protection of human rights. “I congratulate the Cayman Islands delegation on their determination to secure the best deal for the people of the Cayman Islands, whilst retaining their links to theUK,” she said.
“Finally, after what has been a tortuous eight year struggle, we have a draft constitution which has been approved by the UK and, except for the HRC, by all stakeholders at the table. It will provide a modern constitutional framework which will serve Cayman well for many years to come,” he said.
He added that the late and controversial proposal by the opposition to constitutionalise a hiatus for senior civil servants leaving their post to run for elected office had been removed, not least because of the strong written representation by the Civil Service Association and the opposition’s agreement to withdraw the provision.
“We pretty much got what we asked for in the end,” McLaughlin said. “And more importantly, this is not a government document, this is as a joint effort. The opposition has contributed widely to the provisions in the document as have the other stakeholders.” He explained that they had succeeded in ensuring that an opposition member will also form part of the National Security Council (NSC), among other concessions.
He explained that yesterday’s talks began with just three outstanding issues — the bill of rights, the power of the NSC and the issue of consulting the CI government over the governor’s appointment. McLaughlin said that while the UK would not agree to consultation over the governor it was not something that the negotiations would have hung on.
“We got agreement that the Security Council would have decision making powers unless it would prejudice the UK,” he said, explaining that the council would be concerned with policy and governance of the police, not day to day operational issues or personnel.
He reported that Gillian Merron, the Overseas Territories Minister who chaired the talks, said it was quite clear that Cayman had worked very hard to create a unique bill of rights that met with the UK’s expectations and obligations but was a reflection of Caymanian concerns. Merron said it met the UK’s minimum expectations and in some cases exceeded them.
However, McLaughlin did acknowledge that the HRC still had very deep concerns about the non-discrimination clause in the bill, which was the only right which would not stand alone but apply only to the constitution. He said they also disagreed with the decision that the bill of rights is to be adopted with a preamble and with language that is to guarantee a wide range of citizen rights without specifying rights based on sexual orientation.
“Sarah Collins made a passionate and powerful submission,” McLaughlin said, adding that Merron noted the HRC’s valid concerns but pointed out that it was a first step and it opened the possibility for advancement in the future once a human rights culture had developed in the Cayman Islands.
According to reports in other media, Leader of the Opposition McKeeva Bush, although agreeing to the document, has said he did not think that it was the best deal for Cayman.
The final agreed document is expected to arrive on island sometime next week and will go before the people of the Cayman Islands at a referendum in May
Case closed cheque cashed
(CNS): The case concerning Justice Alex Henderson’s unlawful arrest and the illegal searches of his home and office has been officially closed and settled. His legal representatives, Campbells Attorneys, have confirmed receipt of a cheque fromthe attorney general’s office for the sum of CI$1.275 million. Appearing on behalf of Henderson before Acting Judge Angus Foster, Ramon Alberga QC said he was grateful to the AG’s office for the settlement of such a “distasteful matter”.
In the absence of Sir Peter Cresswell, Judge Foster delivered the order on his behalf in court on Thursday morning, 5 February, confirming the settlement between the parties and the stay of the Judicial Reviews. “Upon all parties agreeing terms it is ordered that all further proceedings are stayed,” Judge Foster said.
Alberga then thanked the attorney general’s office for what he described as their professional courtesy and expedience in dealing with the distasteful matter — “especially as they had nothing to do with the inept conduct, the illegal acts and the unjust treatment that Justice Henderson was subjected to,” he said.
For the first time since the Judicial Review commenced, SIO Martin Bridger of the Special Police Investigation Team (SPIT), which was responsible for the arrest of Henderson, was not in the court room.
With the Henderson case now settled, it is understood that a number of other law suits may well be filed concerning issues surrounding the work of SPIT. CNS understands that Campbells may also be acting for Burman Scott, a former senior police officer who was arrested by members of SPIT last year and kept in jail over night before the case against him was stopped; Chief Inspector John Jones, who has been suspended on full pay since March 2008 but against whom no charges have been laid; and Stuart Kernohan, the former police commissioner who was also suspended from his post in March and never charged but who was sacked by the governor for being absent from the island.
Lyndon Martin, who is represented by Ben Tonner, is scheduled to appear in court next month on two charges relating to falsely accusing a police officer, down from 17 original charges also relating to the ‘Netnewsgate’ affair. However, it is understood that the primary witness in the case, John Evans, who is now residing in the UK, will not be appearing to testify despite being summoned, and that without any evidence or witnesses, the case against Martin is likely to be dropped leaving the way open for him to also pursue a wrongful arrest case.
Deputy Commissioner Rudolph Dixon is also facing charges brought by SPIT relating to misconduct in a public office that are unrelated to ‘Netnewsgate’.
Patient arrested for using friend’s medical card
(CNS): Two women have been arrested on suspicion of conspiracy to defraud and obtaining services by deception after one attempted to receive medical care at the Cayman Islands Hospital on Friday, 30 January, using her friend’s medical card, police said. The hospital confirmed that the woman concerned did receive the treatment she needed but both women were then held until the police arrived when it was realised that a fraud could have occurred.
Police said that they were alerted to the incident after hospital staff noticed that the woman attempting to receive medical care was not the woman who had registered at reception. “It would appear that one of the women registered at the front desk with her genuine insurance card and identification,” said Detective Constable Richard Clarke. “These were then passed to the second woman who went on to receive medical care.”
Lizzette Yearwood, Acting CEO of the Health Services Authority said that the HSA takes seriously any action by the public that could jeopardize the integrity, health and well-being of patients. “Fraudulently presenting a health insurance card and claiming to be the patient could have serious implications for one’s health. The quick action by our registration officer in detecting the discrepancy again demonstrates the level of training of our frontline staff and reiterates our commitment to eliminate fraud and abuse from our system.”
The HSA added that insurance ID cards are intended only for the use of the persons whose names it bears and that if a card is lent to someone else the lender, as well as the receiver, are committing fraud. “Furthermore, your medical record may bear someone else’s name and details which would create a serious health risk for you in the future,” added Yearwood.
The hospital also confirmed that the HSA policy is to treat all people in the first instance and worry about payment later and that no one who needs medical attention is ever turned away. Once treatment has been given to patients without insurance or funds the hospital says it works with those patients to find a way that they can pay back the costs of the treatment over a period of time.
The RCIPS said the two women were released on police bail pending further investigations.
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.
Clifford calls for Jack to go
(CNS): Unless he makes an unequivocal statement offering his support to the Cayman Islands judiciary and stops questioning the ruling of Sir Peter Cresswell, Governor Stuart Jack should be recalled to the UK, Minister Charles Clifford has said. The tourism minister said the recent events surrounding the investigation, which have brought the reputation of the Cayman Islands into question, have all been managed by the Governor’s Office.
“I believe the next step has to be a very clear and unequivocal statement from the governor perhaps in a press briefing, that he has full confidence in the judiciary of this country. The governor has so far resisted that and I am not sure why but this is a critical issue,” the Minister said on the Rooster Crosstalk radio show.
“We are talking about the judiciary that underpins the financial services industry, which supports fifty percent of the economy of this country. If the governor does not underscore his support and full confidence in the judiciary, I strongly believe that a delegation of ministers, MLAs and leaders of civic society must go to the UK and request the recall of this governor and his replacement by a newgovernor.”
The minister added that the country cannot allow him to continue to manage a situation that has undermined the reputation of the financial services industry. “It really leads one to question whether this is a continuation of the Ballantyne era.”
He said that David Ballantyne, the former attorney general who was linked to an MI6 agent from the UK while working in Cayman, is currently working for the FCO as a legal advisor.
“We would be failing the Caymanian people if we sat here and just allowed this to continue and allowed them to tear away at the reputation of this country,” he said. “When we question things we can’t get the information we need and we are expected to continue to throw money at a project that is undermining the reputation of this country.”
He said the governor needs to take action or the government needs to take action against him. The statement regarding the governor’s confidence was very important, Clifford said, and if it does not come the government would be forced to ask for his recall. Clifford added that the governor was responsible for the circumstances, the poor judgement and the bad advice surrounding the Special Police Investigation Team and in particular the behaviour of Martin Bridger. He noted that the governor’s continued support of Bridger and his insistence that the SIO has done nothing wrong equates to a denial of the rulings made by both Chief Justice Anthony Smellie and, more recently, Sir Peter Cresswell.
“Too many things have gone wrong with this investigation and the governor needs to begin by removing Martin Bridger from his post. Because of the liability issues that have resulted from Mr Bridger’s poor police judgement we cannot support an investigation led by him.”
He said that, in the wake of Smellie’s ruling, no crime had been committed regarding the issues surrounding Net News, Bridger had then gone to a JP to get warrants without disclosing the earlier rulings, which itself could be considered misconduct and certainly questions his credibility.
The minister said that if the governor thought that Smellie or Cresswell were wrong he should appeal the ruling, but he said that had not happened because there were no grounds for appeal. Clifford accused the governor of calling these judges’ rulings into question, and said his behaviour could lead people to believe he was running for office in the May elections.
“He is the most political governor I have ever seen and governors must ride above politics. If a governor cannot rise above politics, he or she is not fit to hold that office,” he said.
New laws coming to protect women
(CNS): Government is currently working on two pieces of legislation that will help protect and promote women’s rights in the Cayman Islands. Health Minister Anthony Eden has announced that his ministry is working on a Domestic Violence Bill and an Anti-Discrimination Bill that would enable the Cayman Islands to become a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
Fifty years ago today (5 February), the Sex Disqualification (Removal) Law came in to force and women were given the vote and the right to run for political office. Speaking at the recent National Heroes day, celebrating the contribution of women to the Cayman Islands, Eden said he was establishing an Office of Gender Affairs.
“It is an expansion of gender awareness that will enable policy makers, planners, administrators and society at large to better understand that inequality between the sexes is a significant underlying cause of national and global difficulties, within families, labour, trade and migration, to name a few areas,” he added.
The minister said that, while the women of Cayman’s history had laid the foundation for equality when they sought the vote and the right to stand for public office, there was still more work to be done. “Improvement in our gender relations is essential to the achievement of social well-being, and a responsibility of good governance. To improve gender relations, we must ensure and nurture an environment in which women and men are allowed equal conditions to realize their human rights and their potential to contribute to political, economic, social and cultural development, not only locally, but also at regional and international levels,” Eden said.
In his Heroes Day speech, Governor Stuart Jack also called for the extension of CEDAW to Cayman. He said that women had come a long way and compared to the UK women occupy a higher proportion of the senior jobs in Cayman. He said the struggle continues and in Estella Scott Roberts the country lost an energetic advocate of better treatment for women.
“I hope that before long we can honour her memory and further the rights of all women in this community in a number of ways,” he said. “Firstly, by reducing domestic and gender violence. Secondly, by addressing inequality in the work place, notably lower pay than men, and by continuing the efforts to provide better education that will make that more achievable. “
He also said there was a need to agree a new Constitution that recognises the contribution of women and adds to the protection of their human rights.
Unveiling the new statue dedicated to women in Heroes Square, Minister Alden McLaughlin thanked his Legislative Assembly colleagues for their unanimous support and encouragement, in particular, MLAs Lucille Seymour and
“The 5th February this year will be the 50th anniversary of the coming into force of the Sex Disqualification (Removal) Law, which gave to women the right to vote and to stand for public office. When the Caymanian women of my mother’s generation began to seriously agitate for political rights, I doubt if any of them regarded their actions as particularly heroic or themselves as heroes. They were simply doing what they believed was right. But because they had the courage to do so, they are heroes,” McLaughlin added.
Speaking to the people assembled for the occasion, Leader of Government Business Kurt Tibbetts said it was only fitting to encourage the men of the community to continue to support Caymanian women in their goals and aspirations,
“These women are our mothers, our wives, our daughters, and the mothers of our children. They are also the women who work alongside you every day, as well as your friends and mentors, and in many cases, they are the primary and only reason you made it through this life …. I take this opportunity to implore all men to be there for our women, as they have been there for us …. ‘Thank you’ to the women of our community for standing by us,” he said.
Pope admits mistake on Holocaust denier
(BBC): The Vatican has ordered an ultra-traditionalist bishop to publicly recant his views denying the Holocaust. A statement said British Bishop Richard Williamson (left) must "unequivocally" distance himself from his statements to serve in the Roman Catholic Church. The Vatican also said that the Pope had not been aware of the bishop’s views when he lifted excommunications on him and three other bishops last month. Earlier, a senior cardinal acknowledged the Vatican had mishandled the issue. Go to article
Investigation into disposal of electronic data
(CNS): The disposal of electronic data storage containers (EDSCs), which can contain confidential information, is the subject of an Own Motion Investigation by the Office of the Complaints Commissioner. The OCC investigation will look into the Asset Disposal Policy of the chief officers of all ministries and portfolios to determine whether government is properly disposing of EDSCs when they are no longer of use to government.
According to the OCC, EDSCs include computer hard drives, disks, diskettes, CDs, DVDs, UBS thumb drives, tapes, smart cards, plus scanner, photocopier, camera and fax machine memory chips and PDAs, as well as any other equipment containing any form of EDSC. Some EDSCs are used to store information electronically which is either private, confidential, privileged or pertaining to national security.
All chief officers were notified by letter on 21 January 2009 that the OCC was starting an investigation as to whether electronic data in their ministry or portfolio was being disposed of properly – defined as meeting the US Department of National Defence’s (or equivalent) standards for wiping data from these containers, or where appropriate destruction of the container.
The potential outcomes range from a public declaration confirming the good work of individual chief officers through to a finding of maladministration against individual chief officers and recommendations for improvement, the OCC release stated. Chief Officers were asked to take steps to preserve any and all evidence that may relate to the topics under investigation.
They were also asked to deliver to the Commissioner’s Office by 28 January: the policy of their ministry as a whole for the disposal of EDSCs, including each department’s policy if they have been delegated that responsibility, and proof of that delegation; if the policy is to turn over EDSCs to the Computer Services Department for disposal, to provide a copy of that service agreement; if their ministry has no policy, to provide information on what is done with EDSCs that are no longer in use.
Complaints Commissioner Dr John Epp said about half have so far responded. “The responses have been mixed, with some officers producing a policy which does, at first read, appear to be in good order.”
The Commissioner anticipates that the first stage of the investigation will be completed in one month if full cooperation is given.
A release from the OCC points out that, under the Public Management and Finance Law (2005), it is the responsibility of Chief Officers to dispose of government assets, and there is some evidence that assets which store information electronically are not properly erased before disposal. Therefore, in accordance with the Complaints Commissioner Law (2006R), Complaints Commissioner Dr John Epp has determined that there are reasons of special importance which makes an investigation by the OCC desirable in the public interest.
The Financial Regulations (2008R) states that each Chief Officer needs to implement an appropriate system of internal controls, and further that assets are publicly owned and must be accounted for during their use or disposal. Under the Public Service Management Law 2007, data that is stored in the asset must be protected and contracts of use of software must be honoured.
This investigation has been determined to be of special importance and in the public interest because of the obligation on government to properly safeguard sensitive information in its possession and the harm that might come to individuals and organizations if sensitive information was left unprotected when EDSCs leave the control of government.