Archive for March 15th, 2010
Perez faces new murder trial
(CNS): The man acquitted of the murder of Martin Gareau by Justice Roy Anderson last year was remanded in custody this evening after the Court of Appeal ordered that he would face a new trial. Josue Carillo Perez, a Honduran national, was found not guilty of the murder of the Canadian national Gareau, whose beaten body was discovered in his home in Beach Bay in May 2008. The crown had appealed the acquittal as they said that the judge, who tried the case without a jury, had engaged in speculation without fully expressing the reasons for his doubts and had directed himself that the burden of proof "was enhanced" because it was a murder trial. (Left: Martin Gareau)
The crown said that if the judge had acquitted the accused man on the basis of a theory not presented to the court or because he had risen the level of the burden of proof, it would be an error in law.
While the three appeal court judges have yet to offer their reasons in writing, after hearing the prosecutions arguments and those of Perez’ defence attorney, Anthony Akiwumi, they informed the court late on Monday afternoon that they were remitting the case back to the Grand Court to order a new trial. When asked by prosecuting counsel for a warrant to remand Perez in custody because the crown stated he was a potential flight risk, the appellant judges agreed.
Akiwumi strongly protested, pointing out that his client had known of the appeal since November and had come to the court to hear it, despite the fact that he was under no obligation to do so, and that it was preposterous to suggest he was flight risk as he would have been able to abscond some time ago. The defence lawyer pointed out that, given the circumstances, Perez should immediately be granted bail and then the crown should make its case in the Grand Court for remanding his client back in custody.
Despite what seemed to be particularly unusual circumstances, in that Perez, who had been a free man since his acquittal, was now about to face re-arrest and the controversial issue of double jeopardy and having not prepared for a return to jail, the judges still ordered the issuance of a warrant. Akiwumi asked for the earliest possible hearing in the Grand Court and immediately notified the judges that he would be seeking leave to take the case to the Privy Council, the Cayman Islands’ highest appeal court.
Perez will now appear before the Grand Court tomorrow to begin the process of a new trail. CNS understands this is the first case in which the crown has appealed and overturned a verdict under the new rights to appeal conferred by changes to legislation in 2006, which opened the possibility that a defendant could be tried for the same case twice.
The appeal court was heard by Sir John Chadwick, presiding, with Justices Dr Abdulai Conteh and Geoffrey Vos QC .
Ecuadorian murder victim named
(CNS): The man who was shot and killed on Thursday night, 11 March, in Maliwanas Way, West Bay, was a 29-year-old Marcos Mauricio Gauman Duran, an Ecuadorian national from the George Town District, police say. The 16-year-old youth who was shot in the leg minutes before Duran was killed remains in hospital in stable condition. Officers investigating the murder are carrying out door to door enquiries in and around the surrounding areas and are speaking to family, friends and associates of the victim, the officer leading the investigation, Detective Superintendent Marlon Bodden, said.
“So far we have interviewed dozens of people in relation to this crime; we are trying to piece together the victim’s last movements. We know that he visited an apartment within the apartment complex, and shortly after 7.00pm he was shot and killed,” Bodden said.
A post mortem examination carried out Sunday, 14 March, confirmed Duran died of gunshot wounds.
An incident room has been set up at George Town Police Station and Bodden said,
“I would ask anyone who was in the area at the relevant time or who has information which could assist us to call the team on 949-4222. Alternatively information can be passed to us via the confidential Crime StoppersNumber 800-8477 (TIPS).”
UK agrees to cuts not taxes
(CNS):
Following last week’s visit to the UK to discuss the country’s fiscal situation and the new Miller report, the premier said this morning that the UK has agreed to the Cayman Islands government tackling the 2009/10 budget deficit through cuts and not taxes. McKeeva Bush said at this morning’s press briefing that the FCO was allowing the CIG to work on a three-year budget plan that focuses on reducing public expenditure rather than new revenue sources. Depending on the extent of cuts government can make over the next three months and the three-year plan, Bush said the UK has also agreed to limited borrowing if necessary at the end of this year to address the deficit. But, he said, the FCO has stated it is not willing to review the current net-debt ratio limit for more borrowing other than for emergency situations.
Bush described this recent meeting with FCO officials as very good, and even though they were still keen to see Cayman introduce taxation, they were willing to allow government to try and tackle the budget imbalance through cuts in public service in the first instance. Armed with the Miller Commission’s report, the result of the independent review by James Miller and David Shaw, Bush presented his case to the UK based on its recommendations, which focused almost exclusively on spending cuts as the way forward for Cayman.
The premier said that the UK had agreed to most of the points made by the report and agreed that CIG needed to cut operating expenditure. As a result, Bush warned the civil service that there would be significant cuts coming and also spoke of job cuts in the service over the next five years.
Bush made it clear his government agreed with most of the recommendations in the report and intended to implement some of them and had told the UK that he wanted to pursue these recommendations as an alternative to any kind of direct taxation.
The report states that Cayman should not introduce any direct taxes, that it privatize and divest government assets, restructure government departments and statutory authorities, cut civil servants salaries and benefits, and reduce the head count, as well as increase the retirement age to 65.
The FCO generally agreed with the Cayman Islands Government on the majority of the recommendations made by Miller, the premier added, but the UK was disappointed that the report did not recommend broadening the revenue base to include taxation.
However, the premier said the FCO seemed to understand that Cayman needs to examine a broadening of the revenue base in a way that protects the country’s economy. Despite the fact that the UK said it had wanted to see more analysis in the Miller Report on the question of what types of taxes may be suitable for the Cayman Islands, Bush said that, in the end, it accepted the goal of the CIG to secure fiscal sustainability by reducing and controlling its expenditures and its borrowing levels.
The premier rejected the opposition’s idea of extending net-debt ratios and further borrowing, which he said would undermine the principles of sound fiscal management.
"Over the past few weeks much has been said, particularly by the opposition, regarding the government’s approach to addressing the current fiscal challenges, which they largely created, as well as on how we might engage with the FCO,’ he said. While he acknowledged the criticisms made at him for continuing to point the finger of blame, he said the problem was the PPM was to blame.
“Who do you think made this mess?’ he asked. “The man in the moon?” Again, he reminded the country how he had warned the previous administration about over spending and extensive borrowing on the eve of the economic crisis. However, he said he was told by the then Leader of Government Business that "not on the kindest of mornings" would he have listened to Bush.
Th premier said historically Cayman had always borrowed prudently and it was the last administration that had caused the problem of excessive borrowing and spending, which his government would address.
“Throughout this crisis, the government has held strong to five key principles that still hold true today after the meetings with the FCO and after reading the Miller Report,” Bush stated. He said his government was committed to addressing the rapid growth in the public sector, and while the elected arm of government may not have control of the civil service, as Minister of Finance, he said he was concerned about the lack of control over public expenditure and he would ensure cuts were made.
UK agrees cuts not taxes
(CNS): Following his recent visit to the UK to discuss the country’s fiscal situation and the new Miller report the premier said this morning that the UK has agreed to the Cayman Islands government tackling the 2009/10 budget deficit through cuts an not taxes. Even though reluctantly the premier stated that the FCO was allowing the CIG to work on a three year budget plan that focuses on reducing public expenditure and focuses on investment rather than new revenue sources. Depending on the extent of cuts government can make over the next three months and the three year plan, Bush said the UK has also agreed to limited borrowing if necessary at the end of this year to address the deficit. But he said the FCO has stated it is not willing to revenue the current net-debt ratio limit for other borrowing other than for emergency situations
Bush described this recent meeting with FCO officials as very good and even though they were still keen to see Cayman introduce taxation they were willing to allow government to try and tackle the budget imbalance through cuts in public service in the first instance.Armed with the Miller report, the result of the independent commission by James Miller and David Shaw, Bush presented his case to the UK based on the recommendations which focused almost exclusively on spending cuts as the way forward for Cayman.
Bomb hoax at local bank
(CNS): Update 2:20 pm – FirstCaribbean International Bank say they responded swiftly to a hoax phone call received at 9:30am this morning from an unknown caller claiming that a bomb had been placed in one of the bank’s branches. The bank implemented evacuation procedure immediately and all staff and customers were led quickly to safety without incident, a release from the bank said. The emergency services were also called immediately and were on the scenes within minutes. All the bank’s branches have been checked thoroughly by local emergency services and the all clear has been given for staff to return to work. (Photo by Dennie Warren)
It has been confirmed that the phone call was a hoax. Nobody was hurt during the incident.
Tom Crawford, bank Managing Director, said, “We treat the safety of our staff and customers very seriously and I am pleased with the expedient way in which our emergency plan was executed. I thank all staff and customers for their cooperation as well as the emergency investigation team for responding so rapidly and effectively.” He added, “We experienced minimal disruption to business operations as a result of the incident and normal operating conditions have now been fully resumed at all of the bank’s branches.”
The three branches of First Caribbean Bank that were evacuated this morning following the bomb scare were on Main Street, George Town, Plaza Venezia on North Sound Way and Regatta Office Park. Witnesses say large parts of town were blocked off by police.
Brac police busy with arrests
(CNS): Police on Cayman Brac recovered a quantity of Ganja, drugs utensils, a flare gun and ammunition during an investigation into the theft of filing cabinet from the Watering Place Post Office. Two men have been arrested in connection to this burglary and two more people have been arrested on suspicion of stealing a washing machine and drier, also in Watering Place, police say. Four people have now been arrested in relation to this crime and policeenquiries are ongoing.
Brac police say they have arrested an additional two people in relation to the theft of the washing machine and drier from an unoccupied house in Watering Place on Monday 22 February. A 32-year-old man has been arrested on suspicion of burglary and blackmail, and a 30-year old woman has been arrested on suspicion of handling stolen goods. Both have been released on police bail.
On Wednesday 10 March, police recovered the stolen items from a house in the Alta Vista area, and reported that a 33-year-old man and a 31-year-old woman had been arrested on suspicion of burglary and released on police bail.
Brac police have also arrested a 35-year-old man on suspicion of burglary in relation to the theft over the weekend of 6/7 March of a heavy the three drawer cabinet, which contained a small amount of cash, stamps and cell phone top-up cards, from the Watering Place. The suspect has been released on police bail.
Another man, aged 40 years, has also been arrested in relation to this crime. During the operation to arrest this individual a quantity of Ganja, drugs utensils, a flare gun and ammunition were recovered. He has been arrested on suspicion of burglary, drugs offences and firearms offences. He is detained in police custody.
Chief Inspector Malcolm Kay said, “While we are glad to have recovered these items and detected these crimes in a timely manor it is very unfortunate that they occurred in the first place. Cayman Brac enjoys a sanctity and security which is envied by many and I would like to warn anyone who is contemplating any form of criminal activity in the Brac that it will not be accepted or tolerated and we will do everything that we can to find you, arrest you and put you before the court. We will not let one or two opportunist or mischievous individuals ruin what every other law abiding Bracker, resident or visitor to the Island alike, love about Cayman Brac.”
British Airways strike is ‘unjustified’, says Brown
(The Guardian): Gordon Brown has labelled a looming British Airways cabin crew strike as "unjustified and deplorable" this morning, as the government steps up the pressure on the Unite trade union. The prime minister turned on one of the Labour party’s biggest donors after conversations with the Unite leadership failed to produce a breakthrough at the weekend. Meanwhile, British Airways is preparing to announce its strike-breaking schedule later today after pledging it will run up to seven out of 10 flights during a three-day cabin crew walkout due to begin on Saturday. BA’s chief executive, Willie Walsh, said yesterday that he hopes to run up to 70% of BA’s daily schedule during the walkouts.
Britain’s rape laws to be rewritten
(The Independent): The reporting, investigation and prosecution of rape in England and Wales must undergo a fundamental change or thousands more women will continue to be failed by the criminal justice system, a landmark review finds today. The far-reaching conclusions on how to tackle the crime of rape follow a series of high-profile scandals in which victims have been ignored and rapists have escaped detection. Baroness Stern, who has headed the five-month review of the treatment of rape victims, said that recent failures of specialist police units and sexual-crime prosecutors needed to be urgently addressed.
US woman who wants to be world’s fattest
(The Telegraph): Miss Simpson, 42, from New Jersey, USA, already holds the Guinness World Record as the world’s biggest mum. She was 520lbs when she had daughter Jacqueline, three, becoming the largest woman to give birth. Now she weighs a mega 600lbs, or 43 stone, and hopes to break the 1,000lbs or half a ton mark. Miss Simpson, who wears XXXXXXXL dresses, eats whole cakes and bags of donuts and tries to move as little as possible. "I’d love to be 1,000lb," she said. "It might be hard though. Running after my daughter keeps my weight down." She runs her own website where people pay to watch her eat, or see her wash her huge body.
Tivoli, Jamaica, under satellite surveillance
(Jamaica Observer): Tivoli Gardens, the tough West Kingston base of Christopher ‘Dudus’ Coke, is under satellite surveillance by United States authorities who are determined to have Coke extradited to answer drug- and gun-running charges in New York, the Sunday Observer has learnt. According to a security expert with knowledge of the operation, the US has powerful audio and video evidence of activities involving Coke, as well as several Government officials, including members of the legislature, inside the Tivoli Gardens community centre. With the use of Satellite Internet Telemetry System (SIMS) similar to that used to record wildlife activities, the US has captured the make, colour and licence plates of vehicles entering and exiting Tivoli Gardens at specific periods, as well as conversations, the expert said.