Archive for August, 2009
Video: What is aquaponics?
(Organic Nation): Aquaponics is a relatively new approach to food production that utilizes the symbiotic cultivation of plants and aquatic animals in a recirculating environment. The beauty of aquaponics is that it offers a solution to a major issue in raising fish: what to do with fish waste. Instead of polluting the surrounding area with tons of raw sewage, the waste becomes a beneficial fertilizer for plants. Myles Harston of AquaRanch Industries has been working with aquaponics 1992. He grows tilapia and a wide variety of certified organic vegetables including lettuce, kale, herbs, tomatoes, and hot peppers.
Tempura lawyer admits error
(CNS): The legal advisor to the Special Police Investigation Team (SPIT) of Operation Tempura has been hauled before the UK Bar Standards Board and admitted fundamental errors regarding the advice he gave to SPIT. The senior investigating officer, Martin Bridger, had used the advice given by Polaine to arrest Justice Alex Henderson, which resulted in a damages award to the judge of $1.275 million after Sir Peter Creswell ruled the arrest was unlawful, paid by the cash strapped Cayman treasury.
Polaine has sent a letter of apology to the Grand Court Judge and now awaits the decision of the UK bar regarding his future as a lawyer.
Polaine was hauled before the board as a result of complaints made by Justice Henderson about the advice and conduct of Polaine over the course of Operation Tempura as well as the UK lawyer’s statements made to the press following the judge’s exoneration by Cresswell. Justice Henderson claimed Polaine should have known that his advise to arrest him was wrong, that he had made deliberate misrepresentations to a Justice of the Peace (Carson Ebanks, who had signed the warrants), had placed himself in contempt of the court by continuing to advance his views in the press in opposition to a Judgement of the Court, and caused damage to Henderson’s reputation in the Cayman Islands and abroad.
According to parts of the hearing before the board released by the Chief Justice’s office, Polaine admitted that there was insufficient evidence to justify a “reasonable suspicion” that Justice Henderson had committed any offence whatsoever.
“I gave my advice in good faith, but have to concede, in the light of that ruling, that my judgement has been shown to be poor and that I was incompetent in the advice I gave,” Polaine stated. “I recognise that my erroneous advice has had a profound effect on Justice Henderson, his family, and the Cayman Islands as a whole. I apologise unreservedly. I also accept that my poor standard of professional conduct in this regard has had a detrimental effect on the reputation of the Bar of England & Wales in the Cayman Islands. Again, I offer my sincere apologies.”
Polaine reportedly admitted to failing in his professional duty to make full disclosure to the JP including the previous ruling of Chief Justice Anthony Smellie in resonse to an application by SPIT to search the home of former police commissioner, Stuart Kernohan, which had been refused. The lawyer said that he had formed the view that the earlier ruling by the chief justice was not relevant or of any assistance to the JP but went on to concede that his judgement in that regard was poor. “I apologise to the JP and to Justice Henderson and his family. I accept that my advice in this regard was, once again, wrong, but it was made honestly.”
Polaine admitted that hebeen not called to the Cayman Bar so should have confined his advice to matters of English Law. “I recognise, however, that on that occasion, I have gone beyond this and have advised and commented upon Cayman Law and procedure,” he stated. “I was introduced to the JP as a lawyer …. in retrospect, I should have explained that I was not qualified in the Cayman Islands. I accept that my omission to do so created a misleading impression.”
On the matter of the work permit, he said that he had been advised that he did not require one as he was contracted to the Cayman Islands government. He said he was not engaged by the attorney general and was not a prosecuting attorney but an advisor.
Polaine said he accepted “unequivocally, on the basis of Sir Peter Cresswell’s ruling that there were not grounds for such suspicion of misconduct, and if he had inadvertently given the impression when he spoke to the press after the incident, he was sorry.
He added that his intention was in the interest of giving the Cayman public an explanation. However, Justice Henderson had told the board that a fair reading of all of Polaine’s press comments would satisfy an objective reader that he was asserting the correctness of his flawed advice for his own reasons and not in the public interest.
Polaine conceded that he should not have spoken to the press and that he had risked the reputation of the Bar of England & Wales. “I recognise that, as Sir Peter Cresswell’s ruling shows, I have been found wanting in many aspects of this matter. I reiterate my heartfelt apologies to all those who have been adversely affected,” Polaine said.
In his letter of apology to the judge, Polaine apologises for the “upheaval and distress” and admits “fundamental and far-reaching errors.” The UK lawyer says he failed the investigators, the government and the people of the Cayman Islands and, above all, the judge."
"I sought to carry out my responsibilities to the best of my abilities, but succeeded only in demonstrating poor judgment and flawed thinking. I deeply regret my failures in the above regard and, again, wish to express my unreserved apologies,” Polaine writes.
The UK board will be offering its decision on Polaine in the next 12 months, the CJ’s office stated in a release.
Justice Smellie also noted that the apology confirms that the “foray by Operation Tempura into the Judiciary was ill-advised and misconceived from start to finish.” Smellie said that included Bridger’s criticisms of the release of his own judgement in response to the request for a search warrant in the related case.
“This unfortunate chain of events is now a matter behind the country and behind the Judiciary, which will continue to maintain the very high standards to which the islands are accustomed,” Smellie added.
The three letter word
This week the inevitable happened. In the face of dire government finances Cayman began using the ‘tax’ word and even debating the merits of imposing it. Although there are a number of complexities to government, it is essentially about raising revenue and then spending it.
Clearly over the last few years CI government has been brilliant at the second but not so good at the first.
Cayman has still a long way to go on the politics of taxation and how you can manipulate society through it, but the idea that it can raise steady cash for government coffers without causing massive pain has began to gain a little traction in the last few days.
The tinkering around the edges of cutting a little expenditure here, dropping a few civil servants who are overpaid and sleepy there, or copying on bothsides of the paper and turning up the government a/c may well save a few dollars but it will not, as Tim Ridley noted, pacify the mother country, which is telling us to find stable, sustainable, long term, revenue generating measures – a.k.a taxes.
Of course, the idea of taxing earnings, income or profit goes against the grain of Cayman’s fundamental success and its offshore industry, but Ridley’s idea of a property tax is perfect. As he noted, if you take out the really cheap properties at the bottom you won’t burden the poor; if you keep the percentages low enough the rich won’t notice, and while the middle classes will always complain they will be able to afford it. Moreover, it should make people begin to take a greater interest in government spending and policy as a result.
When people become real tax-payers as opposed to fee or duty payers and see their dollars going into government coffers to be spent on, for example, police and garbage management, the public starts demanding more accountability from their elected officials and generally becomes more active. So taxation could offer Cayman two benefits: a direct way out of our financial embarrassment and a more politically aware population. While we have a vociferous few that engage in debate and demand accountability from their MLAs, an awful lot of people here who are eligible to vote have little or no interest in local politics. Taxing them might just grab their attention.
The property tax is a good choice, and provided it is levied fairly and, as Ridley suggests, in a manner that allows people to see where this community tax is going, we are unlikely to see major opposition from most home owners.
It is expected that real estate sector would object immediately the words were out of Ridley’s mouth, but they are naturally worried about their unpredictable livelihoods. Their industry has slowed some over the last few years so they are hardly going to welcome a tax that could impact their business, no matter how slight. Their argument that the entire bottom will fall out of the market is a little extreme however, given that property taxes exist throughout the western world but the markets persist.
If a foreign investor is deciding to buy a $1 million condo on 7MB he will hardly be put off by a $2500 annual community tax. Moreover, a local civil servant living in a $200,000 home in Savannah will probably be a lot happier paying $1000 per annum than losing his job.
Tax on property value is fair — those who own less will pay less those who have more will pay more. It will be sustainable in that government will be able to collect it annually and depend on it as the properties will always exist and belong to someone who is liable. Collection infrastructure shouldn’t be problematic either as owners can be registered for property tax through stamp duty records.
Currently, we all pay the same vehicle registration whether we drive a hummer or a mini, we pay the same duty when we shop at Fosters whether we own a bank or collect garbage, and small mom and pop businesses have to pay the same work permit fee for an accountant as Pricewaterhousecooper, none of which is very fair. And while the property tax will ruffle a few realtors’ feathers it will probably go down well with most people and, more importantly, get us out of a pretty awkward situation.
If government doesn’t present the UK with a reasonable and sustainable tax measure Chris Bryant, the OT minister (better known in the media as Captain Underpants), won’t give the green light on any more borrowing. (See UK tells Cayman to levy tax)
Without it we are, as they say, up the proverbial creek without a paddle and government will have no choice but to make dramatic cuts in public service. And, as any fellow expats out there who can remember the three day week in the UK in the 1970s will testify, when governments really cut public service, you really begin to notice.
The distorted belief that government workers don’t do anything most of the time gets brought sharply into focus when they actually do stop doing what they do. When garbage starts to pile up on the road side, when the mosquito unit closes down, when child and family services has nothing to give their 920 clients, driving them on to the streets, when there are no teachers in the classrooms and traffic signals are not repaired, when the port has to close two days out of five, and work permit queues stretch the full length of Elgin Avenue and when the water supply turns to a trickle — then even the realtors might say, “Shucks! Maybe that Ridley chap was on to something and the property tax idea could’ve worked.”
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Bahamas protects turtles
(The Bahamas Journal): Following a long and hard-fought campaign by concerned citizens the Ministry of Agriculture and Marine Resources announced Thursday that the harvesting, possession, purchase and sale of marine turtles in The Bahamas will be prohibited effective September 1. "The Fisheries Regulations governing marine turtles have been amended to give full protection to all marine turtles found in Bahamian waters by prohibiting the harvesting, possession, purchase and sale of turtles, their parts and eggs," said the government press release.
Atheists offer to care for pets after the Rapture
(Telegraph): It’s a question that all animal-loving Christian evangelicals must address: who will look after their pets on Earth when the Rapture comes and they are taken up to heaven? Now a group of atheists in the US have come up with a tongue-in-cheek solution, offering to take in the cats and dogs of "saved" believers in return for a small fee. All the atheists signed up by Eternal Earth-Bound Pets are self-confessed sinners and blasphemers, guaranteeing they will be left behind when the chosen are selected.
Empire Daze
(Times Online): Britain’s relationship to what it used to call its colonies is like that of the parents of grown-up children who return, like human boomerangs, to take up residence once again in the family home. Like such parents, Britain had assumed that its overseas territories would by now be adult enough and independent enough to be making their own way, without need for parental intervention. The chaos in the Turks & Caicos Islands is a reminder of how a parent’s work is never done. Britain has suspended the islands’ government and parliament for up to two years while it investigates allegations of government corruption.
3rd murder suspect arrested
(CNS): Police said on Friday afternoon that detectives investigating the shooting death of Omar Samuels arrested a third person on suspicion of murder on Thursday, 27 August. The third suspect joins two other men who were arrested on Tuesday, all of whom remain in police custody. Samuels, who was 28, was found suffering a single gun shot wound in the McField Lane area of George Town in the early hours of Sunday, 5 July. The bullet penetrated Samuels’ femoral artery causing him to bleed out.
Police said the enquiry into Samuels’ death is continuing and anyone with information who has not passed it on is encouraged to do so. DI Kim Evans can be reached on 925-6761 or 925-7240. An anonymous answerphone has been set up so residents can pass information directly to the police without giving their identity. The number is 949-7777. Alternatively, police said that people can also call Crime Stoppers on 800-8477 (TIPS) which is answered overseas.
Although there was said to be many people in the area at the time of the shooting, police said that they had encountered difficulties getting people to come forward with information. Speaking in the wake of the murder, Commissioner David Baines said people had been less than supportive. “We rely on information. We rely on the community,” he said. “Anyone who has information needs to visit their conscience. You cannot justify saying that this is a police issue, we all need to take responsibility for what is happening and play our part in addressing it.”
It is also understood that the ambulance which was called for in the wake of the shooting was delayed at the scene by the police, who said that they had to secure the scene before the emergency services were allowed in, not least because of the risk associated with the firearms involved and the previous history of guns in the area.
Bush looks to private sector for recovery
(CNS): Leader of Government Business McKeeva Bush said he is looking to private finance initiatives and developing policies to encourage business as the primary ways out of the government’s financial trouble rather than implementing new taxes, as requested by the UK, or cutting the civil service. Inviting interest from the private sector for a number of initiatives, from the development of a national sewage system to a buyer for the prison, he told an audience at the Ritz Carlton on Thursday that he wanted to put policies in place to increase economic activity.
“This will in turn create a natural increase in revenues for the government, as our volume of economic activity and level of investment will have increased without any need to raise indirect taxes,” he said. Bush noted that cutting the civil service by any significant amount was not possible because of the dependence of the community on government services. “We cannot continue to support the needs of the economy in terms of these services as well as infrastructure needs without the necessary civil service apparatus.”
The LoGB also said he wanted to widen the channel in the North Sound to allow mega yachts to come into George Town that are already registered in the Cayman Islands. “The yacht owners will invest in homes, apartments and will support local businesses including transportation, restaurants, stores etc,” he said. “This will bring jobs and business opportunities for Caymanians and cause a new sustainable economic boom on the North Sound of Seven Mile beach.
Bush said that the country needed to identify new sources of revenues, while at the same time making swift changes to the domestic policy framework, to get the economy moving. “This is not the time to continue with overly protectionist policies towards inward investment. As I said earlier, if we can find ways to increase our revenues naturally, while minimising taxes, we will be better off.”
He said attitudes needed to be changed in the approach of our boards, departments and respective organizations. He said there would be no hustling for work permits to be refused because someone was accusing someone else of stealing their wife and that the way bureaucracy impacts inward investment needed to be addressed. “We can’t run the country like this anymore,” Bush said.
“There has been a lot of interest in government assets and everybody always wants the Water Authority,” he said. “But once you sell it you don’t get anything out of it. If we sell that asset today we may get more than 30 million out of it but we get nothing in the future.
Scholarship students failing says Minister
(CNS): The minister for education says he has discoveredthat some students that are currently on government scholarships are falling way below the minimum standard required to keep their study cash. He said that a number of continuing students had alarmingly low GPAs with some even lower than 1.0, despite the fact that the minimum requirement after the first year of study is 3.0. As a result, Rolston Anglin said the department is about to write to a number of students to warn them that their scholarships are in jeopardy.
With a total record investment of around $9.5 million in scholarships for Cayman students at the moment the Education Department is about to embark on a full review of the entire scholarship process.
Speaking in the Legislative Assembly on Wednesday, the minister said that, aside from the fact that failing students were not being held accountable, the scholarship awards for UCCI were not being prioritised. “There is no distinction between grants to those in need or scholars for whom we can expect and hold accountable for academic standards,” he said. Anglin also noted that the students who were recording low averages had been doing so over the previous year but they had not received any follow up or been sent letters to tell them they needed to improve.
He insisted that the ministry was not cutting funding for any student but he said the department had to ensure students maintain a particular standard or they may not wind up being employable at the appropriate level even after many years of study.
“We must ensure Caymanians realize that excellence is not an option, it is a must,” Anglin said. “It is worrying to learn that some of these underperforming students were previous honour students from John Gray High School. This is not acceptable.”
He said that the problems of understaffing, the outdated criteria for awards, poor communications and other failure painted “a picture of neglect by my predecessor of this important area”, in which millions of dollars was invested.
He said the plan to move things forward included an overhaul of the system and he had established a Scholarship Services Review Committee chaired by Joy Basdeo, which will report to the Education Council in December. The committee will be revising the criteria for awards; establishing a scholarship secretariat; creating an efficient application and approval process; looking at ways to prioritise the grant of awards towards Cayman’s economic needs; achieve greater collaboration between agencies and other scholarship bodies; a mechanism for recommended institutions and data collection on student performance. Anglin said it was crucial work which must be done immediately.
Senior cop to return to work
(CNS): Speculation that Chief Superintendent John Jones was returning to his post was confirmed today (Friday 28 August) when Police Commissioner David Baines announced Jones was exonerated. Bains said there would be no disciplinary action taken against Jones and he would be back to work on Monday 31 August. The new commissioner said Jones had conducted himself “professionally” throughout the Operation Tempura investigation, during which the senior officer had been suspended, and said he was pleased he was returning to his job.
Governor Stuart Jack, who was responsible for the work of the Special Police Investigation Team (SPIT) which was conducting Operation Tempura, suspended Jones almost 18 months ago on 27 March 2008.
The chief superintendent was accused of being involved in an alleged illegal entry by Lyndon Martin to the offices of Cayman Net News, where Martin worked at the time.
CS Jones was put under formal investigation on 15 May for possible misconduct in a public office and was not cleared until 1 May 2009 by former Acting Commissioner of Police James Smith, when he announced that no criminal charges would be laid against Jones and all inquiries were concluded.
Since then, Baines said, a review had been conducted to determine whether or not disciplinary action was warranted against Jones. Baines stated that, after considering the officer’s alleged administrative failings, he concluded that a disciplinary hearing would be disproportionate in light of the alleged breach of conduct. “Chief Superintendent Jones demonstrated great dignity during the most trying times, serving as a reminder to all that judgements as to innocence or guilt should only be made once all facts have been thoroughly investigated,” the commissioner added.
The speculation over Jones’ return caused some disquiet among the Royal Cayman Islands Police Service (RCIPS) in May when some members of the police association had said he should not come back. One former police officer told CNS that members may even walk off the job if he returned.
In the wake of the announcement that the former Commissioner Kernohan and Jones had been cleared and the subsequent damages claims, Deputy Commissioner Ennis wrote to the press saying he had suffered injustice and laboured privately with the shock and disbelief for 15 months over what he has called the “reprehensible and egregious acts” that he says were brought against him by the former Commissioner Stuart Kernohan and others.