Archive for January, 2010
Diver finds clothes from one of missing men
(CNS):
As the fourth day of searching drew to a close police also said that hope of finding any of the group alive had faded. The RCIPS Marine Unit and a number of personal boats continued the search on Thursday 14 January but the operation is now being classified as a ‘search and recovery’ mission.
“Since the moment we were made aware that Raynell, Astor, Joshua, Jeamie and Michelle were missing we’ve conducted extensive sea, air and land searches in the hope of finding them alive and reuniting them with their families,” Chief Inspector Courtney Myles of the RCIPS Marine Unit said. “It’s now four days since that search began and we have to be realistic – we believe that based on the sea and weather conditions of late all hope of finding them alive has now faded. The thoughts of everyone in the RCIPS, and the many people who have assisted us in the searches, are with the families of the victims at this very harrowing time. RCIPS liaison officers will continue to provide support to the families in the coming days as they plan their respective memorial services.”
Myles explained however that the marine unit would not yet give up the search. “We are, however, continuing searches inside and outside of the reef area today in hope that we can bring some kind of closure to the families,” he added.
Judge to try Ricketts & Henry
(CNS): The two men accused of murdering Estella Scott-Roberts have both waved their right to a jury trial. Appearing before Justice Charles Quin on Thursday morning, Kirkland Henry and Larry Ricketts both told the open court that they had elected to have their case heard by judge alone. The trial of the two Jamaican nationals is set to start on Tuesday 26 January and is expected to last around four weeks. Following various delays and problems with representation and legal aid, both men now have lead counsel to present their defense in court, which is likely to draw extensive local attention.
The two men have both pleaded not guilty to the murder of the Cable and Wireless Executive and local community activist. Police also charged the two men with robbery and abduction and Henry was charged with rape. However, neither man has been indicted on those charges, which still have to be dealt with.
The discovery of Scott-Roberts’ body in her own burnt out car in the Barkers area of West Bay on Saturday, 11 October 2008, sent shock waves through the Cayman community. She was last seen alive on the night before, when she had dinner with friends at Deckers restaurant on the West Bay Road.
Ricketts, who reportedly worked as a carpenter, and Henry, a gardener, who were both residing in George Town at the time, were arrested by police on Monday, 27October 2008. The two men have been remanded in custody at HMP Northward since their arrest.
The two defendants had faced considerable difficulties regarding their legal representation. While Ben Tonner of Samson McGrath went on record for Henry at an early point in the case, he faced difficulties in obtaining a legal aid certificate for an overseas QC, which has since been resolved. Ricketts, however, was without any representation for some considerable time until Lee Freeman of Priestley’s went on record and has since managed to secure lead counsel for his client.
Chicago White Sox help train Cayman’s Little League
(CNS): It’s not too late for kids to sign up for the fifth Chicago White Sox camp at the Little League’s Field of Dreams on Friday, Saturday and Sunday 15 to 17 January, with start times of 4pm, 8:30am and 3pm respectively. Following a tradition that started after Hurricane Ivan, the Chicago White Sox Training Academy is again sending a mixture of coaches, trainers and marketing executives for the pre-season camp for local Little Leaguers that has proven to be inspirational instructional fun for a multitude of kids, as well as a free Coaches Clinic, offered to all, experienced or interested first-timers on Thursday, 14 January from 6 to 8pm.
Coming from Chicago are: Michael Huff, former MLB player (White Sox, Blue Jays, Dodgers, Indians) and current Vice President of Sports at the Bulls/Sox Academy overseeing all sports for company who run over 450 camps annually for boys and girls in basketball, fastpitch, and baseball; Dan Schaffer, Coordinator of Player Development; Travis Kerber, White Sox Academy Director – Tinley Park; Phil Fox, White Sox Academy Director – LaGrange, Marty Kobernus, Lead Elite Pitching Instructor; Kyle Kobernus, Academy Instructor, Strength and Conditioning; Marco Fajardo, – Academy Elite Hitting Instructor; James Nash, – Academy Instructor; and ‘Southpaw’ the popular Chicago White Sox Mascot
Little League have reduced the cost of the camp this year. For 5+6 year olds, there is a ‘Little Sluggers’ camp to introduce the basics of the game. The 7-18 year olds will be grouped by age and ability with an 8-1 student to coach ratio.
Advertised on the White Sox web page, with a link to Cayman’s Department of Tourism, this year for the first time there are five 8-10 year old ballplayers travelling from the Chicago area to participate. A supporting crew of wives and girlfriends joined the entourage and will be enjoying a few activities (Stingray City) compliments of Cayman Little League.
Still free for kids, Cayman Little League’s 20th season is starting this month, with a full complement of seven divisions: T-ball, Pony, A, AA, AAA, Jr + Sr Girls. The ‘season’ ends in all divisions May 29 with the traditional All-Star Games and Awards.
For more information on the camp or season, contact Daryn Lansdell 916-5643, or email littleleague2@candw.ky
H1N1 vaccine delayed
(CNS): The arrival of the H1N1 vaccine has been delayed due to a strike at vaccine manufacturer Sanofi’s warehouse in France, Medical Officer of Health Dr Kiran Kumar has confirmed. “We are disappointed by the delay, but hope that the vaccine will be shipped next week,” Dr. Kumar said. “As soon as it arrives, we will advise the public where and when they can be vaccinated,” he added.The Panenza vaccine, produced by Sanofi Pasteur in France and approved by the World Health Organisation and the European Union, will be available to everyone at the Cayman Islands Hospital, all district health centres, Faith Hospital in Cayman Brac and the Little Cayman Clinic.
“Because we will be receiving a shipment of 10,000 doses, the H1N1 vaccination programme will be open to everyone. However, In keeping with international guidelines, we strongly recommend vaccination of the priority groups,” Dr. Kumar explained.
As such public health officials are calling for the following groups to be vaccinated: health care workers and support staff to ensure there is no disruption to health care services, pregnant women in any trimester, children and adults with underlying medical conditions such as diabetes, and those with chronic respiratory, cardiac (excluding hypertension), renal, liver and neurological disease.
To ensure easy access to the vaccine, the Public Health Department will hold a special vaccination clinic for pregnant women, and are also considering open clinics at supermarkets and other public places. No appointments will be necessary and the vaccine will be offered on a first come first serve basis. The vaccine will also be provided at no cost to private practitioners, and those interested in offering the vaccine to their patients, should contact the Public Health Department, Dr. Kumar asked.
According to the Medical Officer of Health the pandemic H1N1 influenza virus is still circulating and is causing illness and hospitalizations globally. "Many people are still susceptible to this virus and would benefit from vaccination. We will have a very good supply of the H1N1 vaccine and encourage all residents to get the vaccine.”
Minister of Health, the Hon. Mark Scotland spoke out in strong support of Public Health’s efforts to ensure that all residents are immunized. “With H1N1flu declining in many countries I am concerned that people may become complacent, thinking that this is all over. We have a window of opportunity to limit the impacts of the pandemic flu, and I urge people to take advantage of the vaccination programme when the vaccine arrives. Vaccinations provide a chance for people to protect themselves and reduce the risk of serious complications,” the minister said.
Public health statistics show that the Islands are still dealing with a higher than usual flu activity and that the pandemic flu is still the predominant strain doing the rounds. “Although we are only testing severe and other selected cases, the fact that twenty cases tested positive for H1N1 during the past six weeks shows that the pandemic flu is still the leading flu in Cayman right now,” Medical Officer of Health Dr. Kiran Kumar said. “While the amount of flu cases have declined, we are counting about 150 cases per week, compared to a ‘normal’ flu season, when we deal with an average of 80 – 100 per week.”
Since the start of the H1N1 pandemic in June last year, Cayman has reported 129 confirmed H1N1 flu cases. Since December twenty cases (11 children and 9 adults) were confirmed, 9 of which were reported in January. “We have found that young people are the most affected by H1N1 and asked that parents and schools continue to take the necessary precautions such as keeping sick children at home,” Dr. Kumar urged.
For 2009, public health officials recorded a totalof 7,200 flu cases in its surveillance programme – well above the 4,200 cases of 2008. “This excessive number is definitely related to the H1N1 pandemic,” Dr. Kumar noted. He however estimates that about 6,000 persons may have acquired the H1N1 infection in the Cayman Islands.
Family member says she tried to stop fishing trip
(CNS): Joshua Gilman’s mother has said that she couldn’t believe her son, who is one of the party of five missing at sea, actually went out on the fishing trip given the weather. Speaking in an exclusive interview with News 27, Claudette Bodden tells how, when she heard that he was planning to go to Honduras in that boat, she had tried to persuade her son not to go. She said Gilman had helped fix the boat but it was not seaworthy and she had told him the trip was not worth his life. Despite extensive searches there is still no sign of the five people who have been missing since Sunday.
AG calls for forensic lab
(CNS): Discussing the many and diverse problems associated with the continuing rising levels of crime in the Cayman Islands, Attorney General Samuel Bulgin said the jurisdiction needs its own facilities to deal with forensic evidence to reduce the reliance on eye witnesses and to improve the quality of police investigations. Speaking at the opening of the 2010 Grand Court, he also confirmed that the Legal Department is currently examining legislation to enable witnesses to testify anonymously and to introduce judge alone trials for some offences.
With crime at the forefront of the community’s mind, the attorney general reiterated his position that Cayman needs its own facility to deal with physical evidence, even if it meant the island goes it alone instead of partnering with another Caribbean overseas territories.
“Those of us who have been around long enough can speak to the recurring problems faced by police investigators, prosecutors and courts in cases where good forensic capabilities would have made a difference,” he said. “In a number of significant cases the Legal Department has been unable to recommend prosecution simply because that vital link that would have been provided by the forensic evidence was missing.”
He recalled a tragic incident in Cayman Brac some years ago when a lady died, allegedly run over but no charges could be proffered because, among other things, there was insufficient evidence to independently verify which vehicle was involved and whether there was human hair or tissue or whether it was animal hair or some other type of fibre on the undercarriage of the vehicles.
“That determination may have been possible if at the time we had a local laboratory with experts in DNA, tissue analysis, tyre marks, and other such disciplines.”
The AG also noted the problems in recent and ongoing cases, and while there had been improvements with the opening of the DNA facility at the Health Services Authority, Cayman needed a dedicated local facility to include more than just DNA testing — one that embraced all disciplines. Bulgin explained it would eliminate the need for collecting, packaging, and storing exhibits for long periods to transport to another country and risk compromising their integrity or raise questions about the chain of custody. With the police commissioner wanting to look at cold cases, the AG observed he would have little success without technical and forensic services.
Bulgin also spoke about the serious problems concerning witnesses. “This is a very small jurisdiction and it is understandable that there will be reluctance on the part of some witnesses to testify for different reasons, including intimidation,” he said adding that juries were also reluctant to convict because of fear. He said government was considering legislation to provide anonymity for witnesses in relation to certain cases where there is likely to be witness intimidation to try some offences by judge alone removing the right of a defendent to opt for a trial by a jury. Bulgin also stated that ways the country could expand the jury pool by including those that are now exempted was also under consideration.
He said, however, there was a need for “people power”; despite the fear and the heinousness nature of the crimes the police needed the help of the community. “Unless someone is willing to come forward and give evidence these crimes may never be solved,” Bulgin stated. “Every one of these people committing these offences goes home to a relative or friend who invariably knows that he has done something unlawful. It is incumbent upon them to report it to the police. To knowingly harbour a person who has committed an offence is legally and morally wrong.”
He also expressed his concern over the worrying trend of young girls acting as co-conspirators with and facilitators of suspected criminals. “It shows that there is a clear need to re-visit the findings of the crime study report and to action its recommendations, in particular in respect of young persons at risk,” the AG said. “I can’t help but observe that the social decay we are experiencing seems in large part to be as a result of the lack of self-esteem in some of our young people.”
Bulgin also spoke about the commissioner’s plans for tighter border control with information pointing to firearms coming into the Islands concealed in cargo. He said customs needed scanning equipment and called for greater vigilance. “In short, more resources need to be concentrated in this area,” he added.
The AG also addressed the role of the local prosecutors and the police to exercise greater diligence consistent with the increasing complexity and heinousness of the offences are being committed.
“We need to do more to assure the public,” he said. “Despite the overwhelming workload, we as prosecutors need to pay greater details to files and to be more diligent in our preparations. Police officers, who I must note are equally overwhelmed, need to pay greater attention to details, pursue more leads; ask the additional follow-up questions during interviews. They need to provide the Legal Department with, and the Department needs to request, every single piece of information even if apparently irrelevant. And finally there needs to be greater synergy between the various police units on the one hand and with Legal on the other hand.”
He said it would be wrong to lower the bar on the standard of evidence but to continue work hard to get it right and not threaten civil liberties. “The nature of our system of justice is that persons are innocent until the evidence is of a standard to establish guilt,” the AG said. “We are going through turbulence but unfortunately we cannot simply fasten our seat belts and sit back, we need to let our collective views be heard and all hands need to help. If Cayman goes down in the turbulence we will all be counted among the casualties.”
Trial set for Samuels’ murder
(CNS): Three men are now set to face trial in the Grand Court on 10 May for the murder of Omar Samuels last July following their arraignment before Justice Charles Quin on Wednesday afternoon. Patrick McField (22), Osbourne Douglas (22) and Brandon Leslie (23) all pleaded not guilty when the indictment was read to them in open court. The charge relates to an incident on 5 July in McField Lane, George Town, when Samuels, who was shot in the leg, subsequently bled out and died from his injury. The shooting triggered what has been termed as a series of tit for tat gang murders that has claimed the lives of five young men in the last six months.
During the first hearing of the 2010 Grand Court session, Justice Quin heard a number of new cases and indictments sent up from summary court, including the arraignment of the three defendants, who were remanded in custody to Northward prison. He also heard the difficulties of three female defendants who had been committed to the Grand Court on conspiracy and perverting the cause of justice charges relating to the same murder case.
Defence attorney Ben Tonner, who was holding on behalf of other attorneys, explained to the judge that the women had been declined legal aid as the charges against them were not covered by the legal aid provisions set out for summary court. He asked Justice Quin to intervene as he said now their case was before the Grand Court there was provision under the legal aid rules to provide for their legal representation.
Tonner explained that one of the defendants had been remanded in custody and had lost her job as a result and was therefore in no position to cover her own legal expenses. “In my opinion, I can’t believe that these defendants have been denied legal aid given the circumstances,” he said, asking if the application could now be made to Justice Quin. The judge agreed and said he would ensure the issue was dealt with speedily.
The full details of the women’s connection to the murder case was not revealed in the mention, However, one of the defendants is the mother of Osbourne Douglas. The media had been ordered by the Chief Magistrate not to report on the Summary Court hearings related to the Samuels case because of questions regarding possible witness intimidation and threats to the defendants.
The charges against McField, Douglas and Leslie are the only ones that have been brought in connection to the five related shootings that occurred in 2009. No one has been charged by police in connection to the murders of Marcus Ebanks, Carlos Webster, Fabian Ried or Fabian Powell, the latest man to be found shot dead in the road near Welly’s Cool Spot only three days after Christmas.
Cayman Red Cross responds to Haiti earthquake
(CNS): Following the magnitude 7.3 earthquake that shook Haiti at minutes to 5pm yesterday, the Cayman Islands Red Cross (CIRC) will be taking tracing requests from Cayman residents who have family members living in Haiti. However, due to the near total devastation of communication equipment on the ground, the International Committee of the Red Cross (ICRC) in Haiti is currently focusing on getting messages from Haitians to family members abroad.
The CIRC will be monitoring the situation, and as soon as communication capacity is re-established it will be working to restore family links between Cayman residents and their families in Haiti. In the meantime, requests should be sent to rxadmin@candw.ky or 916-1742. The information needed is the person(s) full name, last known address, last known phone number, last known place of employment (if possible), and the names of any next of kin also in Haiti.
The CIRC is also accepting monetary donations for the relief efforts. Persons wishing to donate funds can come directly to the Red Cross or make a deposit at Butterfield Bank under the Cayman Islands Red Cross Haiti Earthquake Appeal (02-201-035054-04).
Food, clothing and other relief supplies are *NOT* being sent at this time due to the logistic burden and security issues on the ground. Those wishing to help are urged to contact the Cayman Islands Red Cross at hbalgobin@gmail.com, 925-0681 or 949-6785 ext. 22.
Currently it is estimated that 1 in 3 persons have been affected by the earthquake, the worst to hit the nation in the past two centuries. The epicenter of the quake was located approximately 10 miles south-west of the capital city Port-au-Prince and hundreds of thousands may have died.
See BBC footage of the disaster
CJ queries legal aid plans
(CNS): Concerns over government plans to alter the way that the legal aid system is funded and administered was at the heart of the chief justice’s report this morning at the opening of the Grand Court. Anthony Smellie said that the provision of legal aid to those who needed it was fundamental to the administration of justice and that professional legal representation for those facing the full power of the state was a basic human right. The CJ also noted that he was pleased to see that the premier was present in the court to hear the concerns of the profession.
Following addresses by the Cayman Bar Association and the Law Society supporting the attorney general’s motion to open the 2010 Grand Court session, which also raised concerns about the government’s decision to change the Legal Aid system, Smellie made it clear he beleived there was a danger that the current system could be replaced by something that was inferior and drive away the already limited pool of criminal defense attorneys.
Although the CJ discussed a number of other issues concerning the judiciary at present, from the pressure on the court system, the need for a new building to his own concerns about the rise in crime and the calls for more judge alone trials that risked disconnecting the public from the justice system, he focused a considerable part of his report on the plans to change legal aid.
He acknowledged the long held concerns of Finance Committee about the rising cost of legal aid but pointed to the 2008 Law Reform Commission’s report that had found that the current system represented good value for money and provided a high-calibre of representation. However, Smellie went on to say that the government’s decision to move towards a private system was of concern to everyone. He observed that Premier Mckeeva Bush had made a commitment to conduct an objective review but the judiciary and the attorneys involved in legal aid work were guaranteed payment on legal work under an ad hoc system and until the government changed the law, there was no guarantee for their future.
“In the face of the uncertainties now confronting the system, we are once again in danger of losing this small cadre of lawyers and so of having once more to contemplate the risks of injustice to defendants from lack of representation and delay – concerns which we thought had become a thing of the past,” Smellie added.
He urged the wider public as well as the judiciary to put forward their comments to the committee as he said failure to offer comment could result in the system being replaced by something that failed to meet the public’s basic justice needs or end up costing even more.
“We cannot afford to lose sight of what is at risk,” he said. “It is nothing less than the ability of the courts to ensure justice is done and done in a timely and efficient manner.”
He suggested that the drive to change the system did not come from the wider public or the legal community, and that while there can always be ways of improving how the system is managed, he said questions about equality and fairness of how legal aid was administered or who was given the work had never been raised.
"While there was always room for improvement in the administration of legal aid and, in an ideal world desirable that we had the ability to fund every deserving case, there certainly was no sense of general public dissatisfaction about the system. Specifically, no complaint was ever made with the courts that the people most in need were being denied legal aid,” he said.
The CJ added that all who were in need had received help, as well as those facing the full force of the state charged with serious crime.
While he admitted there was room to encourage more pro-bono work it could not replace a properly state funded legal aid system.
Speaking to CNS after the Grand Court opening ceremony, the premier told CNS that while the Law Reform Commission may have said many things about legal aid over the years, so had the Legislative Assembly, which had raised its concerns over the increasing costs, and there was a need for change.
“When the chief justice said that the public was satisfied with the system, I think he needs to do some research about the vast expenditures that the people have questioned,” he added. He also noted the irony that he was under pressure to find the money to fund the court system when we now had more than 400 lawyers practicing in the jurisdiction that were able to retire early after earning millions of dollars but they were not prepared to give back.
Noting his own fundamental belief that the provision of legal aid must be separated from the courts, Bush said we must now wait and see what the committee finds.
Day 3 of search for boaters
(CNS): The RCIPS Marine Unit is once again co-ordinating extensive air, land and sea searches in an effort to trace five people missing at sea since Sunday, 10 January, or their property, police said today (Wednesday 13 January). The police said a number of life vests, a jacket and a cap found by search teams yesterday did not belong to any of the missing people. A number of local divers have joined the search this morning and are now working alongside police divers to search the reef area. Unfortunately, because of the prevailing weather conditions the search is, for the moment, confined to the inside of the reef.
However, the situation will be monitored throughout the day and, as soon as it is safe for the divers to do so, they will move to the outer area of the reef.
Three Marine Unit boats (Tornado, Guardian and Niven D) have again been joined in the search by a number of private vessels. A boat manned by immigration officials is also actively taking part. The boats are engaged in searches around the reef. Rescue One, under the direction of the police air support co-ordinator, will undertake air sweeps of the area, and wave runners will be assisting with shoreline searches. Based on tide evaluation and analysis, police officers on foot and dog handlers will be concentrating their shore searches in the West Bay area. The shoreline searchers will be looking for anything washed up from the boat, such as personal property or clothing.
When last seen Raynell Wood was wearing a grey long-sleeved t-shirt and blue surfer type shorts. Astor Range was wearing a white t-shirt and Joshua Gilman was wearing a green and brown shirt, navy blue and green jacket. He also wore silver earrings and a large silver chain. At this time police do not have descriptions of the clothing worn by either Michelle Wood or Jeamie Avila.
Police officers have been keeping in close contact with the families and have been ensuring that they are kept fully informed of all developments and search plans and they are given all the support they need at this difficult time.
LIME, which assisted the police very early in the search by identifying the time that cell phones belonging to members of the missing group had stopped working, are continuing to support the operation by supplying fuel for the wave runners and food for those taking part in the searches.
Chief Inspector Courtney Myles of the RCIPS Marine Unit said, “We are grateful to the number of local people who are, day after day, turning out to help us in the search. Once again the real community spirit which exists in Cayman has shown that everyone is keen to help and provide whatever support they can. We are committed to using all available resources to find out what has happened to Raynell, Astor, Joshua, Jeamie and young Michelle. It is an extremely difficult time for all of the families involved in this tragedy and, as each day passes, we are working with them to prepare them for every possible outcome. We, in the search teams, do remain hopeful that we will be able to bring their loved ones home to them, but it’s now three days into the search and, as I said yesterday, we do have to be realistic.
“Once again I would appeal to anyone who wants to assist us in the search to contact the incident command centre. It’s great that so many people want to help, but it’s absolutely vital that they make us aware of who they are so that we make the most effective and efficient use of the resources we have available.”
Anyone with information or who wants to assist in the search should contact the incident command centre on 814 -7811.