Archive for April, 2010

Teen defendant denied bail

Teen defendant denied bail

| 13/04/2010 | 0 Comments

(CNS): The sixteen-year-old boy accused of murdering Marcos Mauricio Gauman Duran has been refused bail, despite requiring specialist treatment as a result of a severe gunshot wound the teen received on the night that Duran was killed. The teenager, who cannot be named as he is underage, appeared before Chief Magistrate Margaret Ramsey-Hale this morning, when his lawyer, Lloyd Samson, continued the teen’s bail application. In receipt of documentation supplied by both the defence and the crown, which has objected to the bail, the magistrate refused the bail application.

Although, Sampson had said their may be some concerns regarding the boy’s safety in Eagle House, the magistrate said the documentation revealed no extenuating circumstances that would prevent the accused teenager of being remanded in custody at Eagle House. It is normal practice for all defendants facing murder charges to be remanded until the trial. However, the teen’s lawyer had hoped that the chief magistrate would consider bail given the circumstances.
Ramsey-Hale noted that the boy would gain access to the all the necessary medical treatment required for his recovery while remanded in custody at the institution designed to house young offenders.
The 16-year-old is accused of killing Duran at an address in Maliwanas Way, West Bay, when he went to commit a robbery on Thursday 11 March. During the incident the defendant received a gunshot wound and left blood at the scene before he made his escape to Birch Tree Hill Lane, from where a call was made to the emergencies services reporting his injuries.
The teenager, who is still receiving treatment after major surgery, was arrested on Thursday 8 April in relation to the murder and was charged with the crime on Monday 12 April.

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Local firm makes bid for Asian business

Local firm makes bid for Asian business

| 13/04/2010 | 0 Comments

(CNS): Newly formed Cayman Islands boutique law firm, Thorp Alberga is making a concerted bid for business in the Far East with the opening of a Hong Kong office and the appointment of two new partners. These latest moves are part of what the firm called an aggressive push by Thorp Alberga designed to challenge the major legal players in the offshore world.  Richard Thorp and Harriet Unger, formerly with Maples and Calder, will lead the Asian practice.

The Cayman Islands office is headed up by Michael Alberga, a former President of the Cayman Islands Law Society who has three decades of legal experience in Cayman following his admission as an attorney in the Cayman Islands in 1978 after graduating from the University of the West Indies.
 Talking about the new office Alberga said: “We have a superior understanding of all aspects of offshore structuring. This new boutique law firm will provide a more relevant legal service with fully staffed offices in Grand Cayman and now in Hong Kong.”
 Richard Thorp added: “We believe we are better placed than any of our larger rivals to provide focused advice across a broad range of offshore transactions.”
Thorp and  Unger are authorised by the Law Society of Hong Kong to practise Cayman Islands law in the firm’s new Hong Kong office and are also admitted in the British Virgin Islands.
 Richard Thorp is a securities and funds lawyer who has acted on a broad range of funds and general corporate matters, including the establishment of private equity and hedge funds and advising the directors and administrators when complex issues arose. He joined Maples and Calder in London in 1998 after graduating from St John’s College Oxford. He was transferred to Maples’ Hong Kong office in 2001 where he was made partner in 2004.
 Thorp’s experience includes over 100 venture capital or private equities investments in Cayman Islands or BVI companies and over 60 initial public offerings of shares by Cayman companies on NYSE, NASDAQ. AIM and HKSE. Richard joined Myers & Alberga in 2009 on its restructuring.
Harriet Unger is a structured finance specialist whose expertise covers all areas of capital markets transactions. She also has extensive experience of banking and corporate transactions and has been based in Asia for almost 10 years.
Unger graduated from St Catherine’s College, Oxford . Prior to her work at Maples and Calder, Harriet worked for Simmons & Simmons in their London, Hong Kong and Tokyo offices and has been seconded to two major European investment banks in London. Whilst a partner at Maples and Calder in Hong Kong, Harriet was responsible for their structured finance practise in the Asia Pacific region.
She has experience in debt and equity capital markets and derivatives as well as securitisation and banking.
The firm said in a statement that over the past 30 years Alberga has developed a specialist regulatory and litigation practice, including licensing, regulation and dispute resolution in relation to corporate commercial law, real estate, banking, mutual funds, partnership, government relations, labour law and aircraft and shipping.  Michaeladvises on the formation of trusts and ongoing duties of trustees and is a widely published author of articles on many aspects of Cayman Islands law.
Ruth E. Hatt is based in the CI office and advises financial institutions, insurers, funds and private equity houses on all aspects of corporate and private equity structuring and regulation. Hatt has particular expertise in working with domestic and captive insurers, brokers and insurance managers in the Cayman Islands and provides advice to the Government sponsored group reviewing the Insurance Law.  A graduate of Leicester University, she has worked for Lloyd’s of London, The City Law Partnership (now part of Maclay Murray & Spens LLP), Clifford Chance LLP and Maples and Calder in the Cayman Islands acting as the global head of insurance.

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Local charities facing cuts

Local charities facing cuts

| 13/04/2010 | 33 Comments

Cayman Islands News, Grand Cayman Island headline news, Cayman charities(CNS): According to the 2009/10 budget documents, the government handed well over $10 million in official contributions to the arts, churches, charities and sports associations. The amounts range from as little as $5,000 given to Big Brothers and Big Sisters to as much as $200,000 to the Land and Sea Co-op. From $50,000+ stipends to a number of individual athletes to $60,000 for the Cayman Islands Sailing Club, the government contributes to a wide array of local causes and clubs. There are concerns now from some organisations, however, that their contributions will be either dramatically reduced or cut altogether as the public sector is forced to cut its own budgets.

Other sources have also told CNS that, given the current circumstances, cuts will have to be made to charities and non-government organisations as they are not essential services and as those are currently under threat, these NGOs will also see reductions. The idea that civil servants could lose their jobs or have their earnings severely cut while there are dozens of organisations such as the Cayman Islands Angling Club receiving more than $46,000 to hold an annual tournament is unfair, some public sector workers have told CNS.  
Although government has what it terms purchase agreements worth millions of dollars with government companies and agencies providing essential services, such as the HSA and the National Roads Authority, it also makes contributions to what are considered non-essential organisations like the Miss Cayman Islands Committee, which receives around $100,000 each year.
Many of the organisations, such as the West Bay Seventh Day Adventist Church Light Bearers Club, receive only a small contribution of around $7,000 per annum to fund youth programmes. The Rehoboth Ministry, however, receives $100,000 per annum to provide a number of community programmes, including meals for the elderly and after school activities for children.
There are a number of arts programmes which are likely to raise controversy, as some would consider the arts essential programmes that need to be funded by government while others say these are exactly the areas which should be cut and funded through private donations during tough times.
However, in all jurisdictions where subsidies to the arts are cut, it is almost impossible to generate the necessary revenue to keep them alive from private sector contributions alone. As a result, the programmes which are seen as key to cultural development by some are closed, often depriving young people of artistic outlets. Moreover, evidence from other countries like the UK demonstrate that once arts budgets are cut it can be very difficult to regain those subsidies, even when times improve.
In 2009 the National Art Gallery receives around half a million dollars to put on exhibitions, manage its collections, acquire new works and hold a vast array of community outreach programmes for children and other vulnerable members of the community. In desperate need of a new space, the gallery has plans to develop its own new venue through the private sector. However, despite having an original goal to complete the new gallery by 2009, the gallery has not yet broken ground. The fundraising campaign to raise the first $2.6 million needed began in February 2006.
The National Trust, which has a crucial role in preserving the natural and historic environment, is another body which is already struggling to manage and has had enormous difficulty in attempting to preserve Cayman’s built heritage as it has not had the funds to purchase important historical buildings, which have then been lost forever. Although it also fundraises in the private sector the $300,000 it receives annually from government is crucial to its survival.
Some of the NGOs and charities receiving government funding also provide unique and essential services, such as the Crisis Centre, which is desperately under funded considering the number of families the organisation assists. Although it does have some significant corporate donations, it is heavily dependent on the $300,000 subsidy it receives from government in order to offer a safe haven to women and children who are the victims of violence.
While there will be some debate about which services are essential and which the country can no longer afford to back, what is almost certain is that some or all of the NGOs and charities will be looking at smaller allocations in 2010/11. Following the Cabinet’s decision to ask the civil service to reduce the government’s operational costs, a number of these organisations are now genuinely concerned about their survival. Despite the size, many are dependant on government cash to keep them alive and offer the community the support and alternative services that are sometimes taken for granted.

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Cops make major drug haul in West Bay bust

Cops make major drug haul in West Bay bust

| 13/04/2010 | 0 Comments

Cayman Islands News, Grand Cayman Island local news, Cayman crime(CNS): Police have now confirmed that they have arrested a 23-year-old man following a drugs operation that took place in the West Bay area on Friday morning (9 April). The RCIPS said that at around 7:00 am officers seized a large quantity of ganja from a car in Glade Drive, West Bay. The suspect was arrested on suspicion of possession of ganja with intent to supply and consumption of controlled drugs. Police have not revealed the size of the haul but sources say hundreds of pounds of the illegal drug were found in the boot of the vehicle. Police said that enquiries into the drug haul continue.

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Burglars target gas stations and clean out safes

Burglars target gas stations and clean out safes

| 13/04/2010 | 10 Comments

Cayman Islands News, Grand Cayman Island local news(CNS): Police have confirmed that three Texaco stations were hit by burglars over a three-day period last week between 7 and 10 April. On the 7 April the burglars attempted to rob the Texaco on Shedden Road in George Town, but after damaging the door an alarm deterred the criminals. However, on 9 April burglars cut the telephone lines at the Crewe Road Madec Texaco and made off with an undisclosed some of money from the safe. Then again on 10 April communication lines were cut to the Texaco Station in Savannah before burglars broke into the property and removed not just the contents but the safe itself.

Police said that there are currently no suspects and investigations continue into what appear to be well orchestrated crimes, with burglars disabling alarms, cutting open safes and removing one of them completely from the premises.
Meanwhile, over the weekend officers also said that both Leading Edge and Heritage Schools at the George Hicks campus in George Town were burglarised and undisclosed goods stolen. Cash and other items were also stolen from Scotts Marine on Seymour Road, which was broken into in the early hours of Sunday morning.

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Crown opens stalled gun trial

Crown opens stalled gun trial

| 13/04/2010 | 0 Comments

Cayman Islands News, Grand Cayman Island Headline news, Cayman court news(CNS): Some six weeks after the trial of Keith Orrett, Brian Borden, Bjorn Ebanks and Keith Montaque for possession of unlicensed firearms was adjourned owing to a combination of delays caused over jury problems and issues relating to both the crown and the defence cases, Trisha Hutchinson finally presented the prosecution’s case on Monday morning (12 April). The jury of only six – four women and two men — finally heard the details of the crown’s case that the men were at a house in Town Hall Court, West Bay, when police found two unlicensed loaded shotguns on the afternoon of 7 April 2008.

The court heard that the property was rented by Keith Orrett, which was why he was arrested, and that he was later charged as a result of a statement he made to officers. The other three defendants, who were arrested at the time of the police operation, were later charged after police claimed that DNA profiles of all three were found on one or both of the weapons. Hutchinson said one Beretta and one Remington, both shotguns, were discovered by police behind the air-conditioning equipment in the property’s attic
In her opening statement Hutchinson pointed out that there were six men present at the time of the police operation, which involved uniform support, the canine unit, CID and officers from West Bay. A warrant was executed at the premises by the police. On their arrival four men were removed from the downstairs of the property and later arrested, while two other men were found apparently sleeping in an upstairs bedroom and were also removed and arrested.
Hutchinson told the jury that the men were guilty of the crime of possession of unlicensed firearms as a result of both being present and because their DNA profiles were found on the weapons.
Although six men were present at the property on the day of the operation, the court learned during the course of the first day’s testimony and cross examination that two of those men were not charged in the case.
With the trial underway, two of the police officers were called to the witness stand and explained that the police had gone to the property as part of a specific investigation. When they were there and following a thorough search of the house with the help of specially trained dogs, the police entered the attic and Sergeant Joseph Wright found the weapons wrapped in clean white towels in what was described as a very dirty and dusty attic.
As tenant of the property, it was revealed to the court that Orrett was present during the search, and when he heard that Wright had found what he at first thought was one weapon, Orrett denied any knowledge of a gun. During his testimony DC Paul Ennis from CID said that, according to notes taken at the time, Orrett had said, “I don’t have no gun officer, I don’t know who it for and don’t know who put it there, I have never been up there.”
The trial continues tomorrow morning when the crown will present further police witnesses before DNA experts are called later in the week. The Grand Court trial is being heard by Justice Charles Quinn.

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Last call to remove bats before end of season

Last call to remove bats before end of season

| 12/04/2010 | 3 Comments

Cayman Islands News, Grand Cayman Island science and nature news, bat conservation(CNS): Bats living in roofs are always insect-eating species – not fruit bats – and each one eats up to 2,000 per night, as well as playing an important role in plant pollination, so if you find these harmless creatures in yourroof, don’t think of them as pests but as critical components to the Cayman ecology. If you have bats in your building they can only be moved out of buildings safely until mid-May when baby bat pups are born, so now is the time to call for help. Volunteers at the Bat Conservation Program say you can call them if you need help removing bats permanently and humanely, at 916-6784, the Wildlife Hotline at 917-BIRD, the National Trust at 749-1121 or contact info@caymanwildlife.org Bats not out before the deadline cannot be properly removed until November.

According to the BCP, to find out if there are bats in your building, go outside at dusk, just after sunset, but while the sky is still light, and watch. If you see bats emerging, do not plug the hole. Plugging holes can trap bats inside, forcing them into your living areas. Bats can be sealed out (not in!) using simple methods and volunteers are available to advise and/or recommend qualified professionals to assist.

Bats give birth to only one pup per year. Bat-pups cannot fly for several months and remain in the roost while their mothers go out to catch insects. For this reason, exclusions are not done during the summer when these flightless young are present. Often people don’t realize that they have bats in the roof until summer when they hear the young ones squeaking as the mothers return to nurse them in the quiet pre-dawn hours. To avoid the long waiting period, the Bat Conservation Program is hoping to reach everyone with this message in time so that bats can be moved before the mid-May deadline.

“Bats are harmless. Each one eats up to 2,000 mosquitoes and other insects, including crop and garden pests, every night. But, they should still be moved out of roofs to avoid odour problems. We want to help get bats out of houses and calm fears,” said Lois Blumenthal, Coordinator of the Caribbean Bat Conservation Project for Bat Conservation International (www.batcon.org) and Director of the Bat Conservation Program for the National Trust. “Our goal is for all bats to live in bat houses and no more bats in roofs.”

With the cooperation of Caribbean Utilities Co Ltd (CUC), Ron Moser’s Machine Shop and extensive volunteer labour, there are over 80 bat houses in all districts of Grand Cayman. They provide alternative habitat to help to keep bats from moving into roofs. Bat houses are a great success but bats won’t move out of roofs without an exclusion.

Bats are part of the balance of nature and helpful to humans in many ways, notably, the control of insects but they are also important pollinators and seed dispersers. Bats living in roofs are always insect-eating species. Fruit bats have never been found in roofs here and do not use bat houses. Bat houses can only provide habitat for three of the Cayman Islands’ nine species. The other bat species need forest and cave habitat to survive.

For free information, a map of Cayman Islands bat house locations, photos of local bats, or to download an educational slide show about the Cayman Islands Bat Project, visit www.caymanwildlife.org The National Trust Educational Program Manager visits local schools with a presentationabout Cayman Islands Bats and free information is also available on www.nationaltrust.org.ky
 

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Teen charged with murder

Teen charged with murder

| 12/04/2010 | 0 Comments

Cayman Islands News, Grand Cayman Island Headline News, Cayman crime(CNS): Updated 2:30 pm. A 16-year-old boy arrested last month in relation to the fatal shooting of Marcos Mauricio Gauman Duran appeared in court this morning charged with the murder. The teenager arrived at court on crutches as a result of a gunshot wound he received on the night the crown alleged the youngster killed Duran. Represented by Lloyd Sampson, the teenager, who cannot be named for legal reasons, was seeking bail because of his need for specialist care as a result of his severe leg injury. Samson also suggested the young boy would be at risk if he were to be held in custody at Eagle House. The crown objected on the grounds of the seriousness of the offence but  Magistrate Margaret Ramsey-Hale deferred the bail hearing in lieu of more information.

Samson said he had concerns about the cogency of the crown’s case as he said that while his client’s DNA may have been found at the scene, there was no evidence that the teenager committed any crime.

The crown, however, alleges that the young man went to the address in Maliwanas Way, West Bay, on Thursday 11 March to rob the deceased. During the incident the defendant received a gunshot wound and left blood at the scene before he made his escape to Birch Tree Hill Lane from where a call was made to the emergencies services reporting his injuries, the prosecution said.

The teenager, who is still receiving treatment after major surgery, was arrested on Thursday 8 April in relation to the murder and was charged with the crime this morning (Monday 12 April.)

Samson told the court during the bail application that his client was not a flight risk, not least because of his condition but because he also had family support. The lawyer said his client was a candidate for an electronic monitoring device. The magistrate remanded the teen in custody overnight as she deferred the matter until tomorrow morning.

Duran, an Ecuadorian national from George Town, was killed as he was visiting an apartment on Maliwinas Way and was the third murder victim of 2010.

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Man charged with teen rape

Man charged with teen rape

| 12/04/2010 | 0 Comments

(CNS): Jeffrey Barnes (30) has been charged with abducting and raping a 16-year-old girl and is expected to appear in court today. Police say that, shortly after midnight on Tuesday 30 March, a 16-year-old girl reported to police that she had been sexually assaulted by a man who had offered her a ride home from a bar in the Mary Street area of George Town. The man, instead of taking her home as agreed, had taken her to an isolated beach location and raped her.

Barnes, a Caymanian from the George Town area, was arrested the next day, the 31 March. He has now been formally charged with rape, abduction, threatening violence and is expected to appear in court later today, Monday 12 April.
 

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Cayman’s children and the Catholic Church

Cayman’s children and the Catholic Church

| 12/04/2010 | 126 Comments

For God’s sake, what is it going to take? How many more horrible stories must we see in the international news before someone in the Cayman Islands takes a good look into the safety of our children who are involved with the Catholic Church here? Wasn’t the report about the priest who molested approximately 200 deaf boys at a boarding school in Wisconsin the final straw?

Or what about last week’s revelation that Cardinal Ratzinger, who later became pope, appears to have sided with that monstrous priest over the child victims?

Given the ever-growing scandal of rampant sexual abuse of children and teens by Catholic priests, it is absurd for us to pretend that it could never happen in the Cayman Islands. It may already have happened. Who would have told the public if it had? Who would have warned parents if a priest had come here under a cloud of accusations and past crimes? Certainly not the Church.

Defenders of the faith are likely to cringe in horror at such comments. After they finish cringing, however, they may want to consider who oversees Cayman’s St. Ignatius Parish. The Archdiocese of Detroit has pastoral responsibility for Cayman and this is their record: Sixty-three of their clerics sexually abused 116 victims over the past 54 years. This is what is on record. No one knows what the real toll might be. Bad as that is, however, consider these findings from an in-house national review board: In the US, from 1950 to 2002, more than 4,000 priests and deacons have sexually abused nearly 11,000 American children. A more recent report, dealing with the period from 2004 through 2009, identified 3,091 “abusive clergy” and 4,568 victims. These are astonishing numbers alone. However, they are even more striking since they are attached to an organization that claims to occupy humanity’s moral high ground.

Perhaps the only thing more disgusting than so many priests sexually abusing so many children and teenage minors is the way Catholic leadership reacted to the crisis. The institution that once ran inquisitions and burned women at the stake seems very forgiving of sin when the sin involves their priests molesting children. Rather than pick up the phone and call the police like any normal and decent human being would do upon learning that a child has been raped, Church leaders often chose to hush it up and simply transfer offenders to new hunting grounds where they could continue preying on children. Therefore, it is not rude or unreasonable to openly wonder if any predator priests were sent to the Cayman Islands over the last 60 years. (For most of that period Cayman was under the leadership of the Kingston Diocese. The Arch Diocese of Detroit took charge of the Cayman Islands in 2000.)

In addition to the past, there is the present and the future to consider as well. Someone here should be asking hard questions, doing background checks, and—if all is well—reassuring the public that there is nothing to worry about. In the absence of that, based on what we see in the international media every day, shouldn’t St. Ignatius Church have a warning sign posted on its property at the very least?

Here’s a discomforting thought for Cayman’s Catholics to ponder when they put their hard-earned money in the collection plate this Sunday. So far, the US Catholic Church has paid out some $3 billion to victims who were sexually abused by clergy.No doubt, as more cases come emerge around the world, many more settlements will have to be paid. One wonders why good people are content to help pay for the evil deeds of others.

To be clear, nothing in this commentary should be misinterpreted as an accusation against any individual priest in Cayman, past or present. Everyone is innocent until proven guilty, of course, and the majority of priests are decent people who would never harm a child. Child molesters can be found in any profession. However, when an employee is caught having sex with children or minors, most companies and institutions have the good sense to fire them immediately and report it to the police. Or, at the absolute minimum, make certain that this employee is not allowed to be around children anymore. Most CEOs definitely would not react by simply transferring the offender to another region, as the Catholic Church did in numerous cases. The key message here is that the Catholic Church itself, the entire global entity, has shown that it cannot be trusted with children.

Catholics may be interested to know that some non-Catholics are genuinely confused by the Church loyalties of so many mothers and fathers. Why would any parent continue to involve their child in an organization with a record like this? Just imagine if some Cayman organization or company had a similar international scandal, one involving years of abuse by a significant number of its mid-level managers, blatant cover-ups by top executives, and big payoffsto victims. They probably would have been shutdown long ago. One would think that our government would be very interested in their activities here. It would also be reasonable to assume that no right-thinking Caymanian parent would allow their children to go within a mile of their property, right? So why is it different with the Catholic Church? Why don’t “better safe than sorry” and “I’ll do anything to protect my child” apply in this context?

Imagine if one of our local fast-food franchises was connected to a pattern of abuse and cover-up that extended up to the highest levels of management. What if the scandal involved several countries and, from 2004 through 2009, 3,091 of their employees were known to have sexually abused 4,568 child victims? Would you continue to give this company your money and eat their food? Would you let your child work there?

Before local Catholics circle the wagons and misinterpret this commentary as a mean-spirited attack against them, one hopes they will consider what really matters here. This is about children. This is not a grumpy tirade by a bitter ex-Catholic with an axe to grind. These are not the ramblings of some nut who thinks the Pope is the Anti-Christ. This commentary is only pointing out that there is clear reason to be concerned about the safety of our children, nothing more. Hopefully, sensible Catholics who love their children will recognise this and agree.

No one in Cayman can deny that the warning has been sounded loud and clear. So many US cases have been reported in print, on radio and on TV that it feels routine. Now the scandal has grown to include Ireland, Germany, Spain, Austria, Netherlands, and other countries. This is not a US problem, as the Vatican once claimed. Clearly it is a Catholic problem that national borders do not contain. There is nothing so special about the Cayman Islands to suggest that it could not have happened here or that it could never happen here.

If it ever comes to light that even one Caymanian child has been sexually abused by Catholic clergy in recent years, or at any time in the future, the guilt will extend far beyond church grounds. As a society we would have no excuses to hide behind. None of us would have the luxury of feeling surprised or shocked. This problem has been on the radar since at least the 1980s and should be common knowledge by now. The story is out and it’s everywhere: the predator priests, cardinal cover-ups, and the Vatican unwilling toact decisively in the interest of children. If it happens in Cayman, we certainly can’t say that it snuck up on us.

A recent letter sent to Catholic leaders from past victims of clergy abuse in the Pacific island of Guam pleaded for accountability and safeguards against future abuse. It contained the following line: “We fear for the children of Guam.”

One wonders about the children of the Cayman Islands. Does anyone here care enough to fear for them?
 

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