Archive for June, 2010

Secret witness law challenged

Cayman News | 16/06/2010 | 12 Comments

(CNS): In the first use of the new law designed to protect the identity of witnesses who say they are in fear of coming forward, questions have been raised about how the prosecution has used an anonymity order and that no regulations have been passed to direct the correct use of the new Criminal Evidence (Witness Anonymity) Law. Having already been criticised from a human rights aspect for the possibility that the law will deny defendants the right to a fair trial, three criminal defence attorneys have now challenged its proposed use in a preliminary enquiry against their clients facing a murder charge, criticising how it is being applied.

The lawyers appeared in Grand Court last Friday (11 June) to argue the order made in Summary Court by Chief Magistrate Margaret Ramsay, saying it had been applied inappropriately by the crown to make a case against their clients with no other evidence. Nicola Moore from Priestleys led the argument for the appeal, which was supported by her colleague Lee Freeman and Ben Tonner from Samson and McGrath.

Moore told the court that in the first instance of its kind the law was already being inappropriately used. She pointed out that, as yet, there are no regulations or guidelines for the legislation. “The order has been been made incorrectly,” she told Justice Charles Quinn, who was hearing the appeal, and pointed out that in the absence of local regulations the crown should have followed the processes used in the UK, which aside from New Zealand is the only other place in the Commonwealth where such a law exists.

The law was passed here in March of this year with some urgency following the spike in serious crime and without consultation with the local criminal defence community. Attorney General Samuel Bulgin, who brought the bill to the Legislative Assembly, said it did protect the rights of the accused as well as the anonymity of witnesses.

The AG had said it should only be used in cases of genuine fear and that there would be safeguards in the law to ensure the accuracy and credibility of witness testimony and that the rights of the accused to confront their accuser would not be undermined.

The law states that consideration must be given to the general right of a defendant in criminal proceedings to know the identity of a witness, as well as the credibility of the witness. At the time of its passage Bulgin said government had received assistance from the Ministry of Justice in the UK and he hoped it had been drafted in a clear and concise form, covering the key areas and protecting the fundamental right to a fair trial.

Making her case against the first ever order, Moore said that it had not been used properly. The court had to balance the right of the defendant to a fair trial with the witness’ right to life, safety and protection of property, which she said had not happened in this case as the processes with regard to this anonymity order were wholly inadequate.

She pointed out that, according to the new law, anonymous witnesses could only be used against people if the police had other evidence to support the case and a defendant cannot be convicted on the testimony of an anonymous witness alone. In this instance the defence had not been disclosed with any other evidence against their clients. Furthermore, the disclosure of the anonymous witness statements, which were referred to by celebrity names, had also been disclosed very late, one only that very morning. She also said that in the statements it was apparent that neither witness had actually witnessed the crime. Moore also told Justice Quin that the defence had not been allowed to make their case when the order was being made.

In normal circumstances defence counsel can expect certain information about the witnesses such as their criminal convictions. However, Moore pointed out that no such information had been provided by the crown. She explained that witnesses with criminal convictions may have reasons to accuse someone of a crime they did not commit and to make things up about others for reasons of their own.

Both Leeman and Tonner backed Moore and emphasised the fact that procedure was highly irregular and all three asked for the order to be overturned before the anticipated preliminary enquiry due to take place today (Wednesday 16 June).

Kirsty-Ann Gunn defending the appeal against the order on behalf of the crown argued that the Grand Court did not have the jurisdiction to hear the appeal at that point as it was too early in the process. She said the Grand Court does not hear appeals from those dissatisfied with what has happened in Summary Court.

Chamber promotes training in face of job losses

Cayman News | 16/06/2010 | 0 Comments

(CNS): The Chamber of Commerce Professional Development & Training Centre says it has trained 544 people this year on 41 different training courses that have been offered since the beginning of January. With 29 more courses scheduled before the end of 2010 the chamber said it was important in difficult times for people to enhance their work place skills. “Education and workforce development is a key focus of the Chamber of Commerce, and in today’s strained economy where people are losing jobs through down-sizing and closures, it is important to make yourself the most desirable employee possible’” said Wil Pineau CCE, CEO, Chamber of Commerce.

“And it stands to reason that the most desirable employee is an educated employee,” he added. He said the course were also very helpful to business owners. “Professional development training opportunities also assist companies who are looking to restructure and be more innovative in their business planning initiatives. This can often be achieved by the development of management and other key skills within existing staff members,” Pineau said.

The Chamber centre has been providing members and their employees, as well as the wider community, with what it said were affordable training programmes, workshops, and seminars since 1995. Courses cover Customer Service, Business Essentials, Business Basics, Finance, and Supervision and Management.

The courses are taught by professional, qualified local and international facilitators that take great care in providing attendees with the most up to date and relevant information in their field.

All training courses are held at the Chamber of Commerce conference room in Macdonald Square at 51 Fort Street from 9am – 4:30pm unless otherwise stated. Call Joanne Diaz-Berry at the Chamber of Commerce on 949-8090 ext.123 for more information or go online to register at www.caymanchamber.ky

Truck sheds load on local highway

Cayman News | 16/06/2010 | 24 Comments

(CNS): A trailer truck belonging to Precision Trucking Services overturned in the vicinity of Linford Pierson Highway at around 6:30 pm this evening. One CNS reader was on the scene to talk with the driver Lamar Shakes, who was heading into George Town when, he said, he began to gear down in order to take the roundabout by the Lions Centre and suddenly the RPM became stuck. The driver explained that the RPM is the gear indicator that gives the rate of revolution of the truck and once stuck it disoriented the traction of the truck, shifting the trucks load of rocks, causing it to overturn. (Photo by Anthony Ricardo)

Shakes, who was the only person in the truck, was a bit shaken up but unhurt. No other vehicle was involved in the incident and RCIPS traffic officers as well as those from the Cayman Islands Fire Service attended the scene.

Another CNS reader also reported that the local cadet cops had turned up at the accident scene to help with traffic direction.

Bush denies overpaying subs in Matrix pay back

Cayman News | 16/06/2010 | 5 Comments

(CNS): Government did scrutinize all of the invoices that were paid to local sub-contractors who claimed they were left out of pocket as a result of the Matrix affair, the premier told the Legislative Assembly on Tuesday morning. Following an article in the Caymanian Compass last week in which one of the owners of Matrix International said government had overpaid the subs and had not consulted with the bosses of Matrix, about the payments, McKeeva Bush said government had been diligent over the payments and the local Matrix partners had been consulted on the invoices. (Photo by Dennie Warren Jr)

In April, Bush gave cheques ranging from $150 to $106,790 to 19 different sub-contractors totalling more than $280,000 for outstanding payments the contractors claimed they were owed by Matrix.

However, Bruce Young, managing director of Matrix which defaulted on a contract with government told the Caymanian Compass that he believed the contractors were not owed so much money, adding that he and his brother Vincent, who was general manager, had not been consulted on the payments.

“What theyshould have done was ask one of us to go over the bills to make sure it was agreed before they started paying them. These bills were generated by us. I am not going to dispute some of them… but there were people coming out of the woodwork saying we owed them money and who made up false invoices,” he told the newspaper.

However, the premier denied this and said the Ministry of Finance had made checks, scrutinized the invoices and met with local representatives Billy Bodden and Andrew McLaughlin, to obtain an understanding of the debts. He also said there were “numerous telephone calls” with McLaughlin over queries on the invoices. “During these meetings, the Matrix representatives handed over invoices that Matrix confirmed were in the possession of the company and which were still owed by Matrix,” Bush told the Legislative Assembly.

He stated that the payments made to the sub-contractors were confirmed as owing by reference to Matrix’s records. “Where there were discrepancies between invoice balances provided by Matrix and invoice balances provided by subcontractors, both parties were consulted further, balances were agreed and the invoice balances were adjusted accordingly.”

Bush admitted that government had paid David Lyons who has since been jailed in the United States. The premier said that he was still a sub-contractorwith an outstanding invoice. “Regardless of the fact that Mr Lyons is currently in prison, as evidenced by the US$4,000 payment to Mr Lyons by Matrix on 11 October 2007, Mr Lyons did provide trucking services to Matrix and Matrix acknowledged the services that Mr Lyons provided by writing him a cheque for US$4,000…..Mr Lyons is entitled to be paid for the balance of the cost of the trucking services that he provided before he was incarcerated.”

Bush also pointed out that Harold Bodden who had since died had also provided trucking services to Matrix and even though he has passed on, his estate is still entitled to be paid for those services that he provided.

The premier noted that there were a number of invoices that were not paid as the Ministry discovered that they were previously paid by Matrix, they were not directly related to the removal of scrap metal from the landfill or the outstanding amounts could not be verified. He said an invoice totalling CI$10,678.99 from a local law firm for legal fees on work permits was not paid as they were not directly related to the removal of scrap metal. Another invoice from a quantity surveyor was not paid as it was discovered to have already been settled and an invoice from a sub-contractor for welding work was not paid as the invoice did not contain contact information.

“There were invoices that the Ministry of Finance subsequently received from sub-contractors and which the sub-contractors are stating that amounts are still outstanding by Matrix,” he said. “Although the Matrix representatives cannot confirm that these invoices are legitimate as the invoices were not in Matrix’s possession, the Government is requesting copies of delivery slips and affidavits to verify that these sub-contractors did indeed provide services for Matrix.”

The premier assured the House and the country that government had scrutinized requests before payments were made. “The government has acted on good conscience and performed due diligence appropriately,” Bush stated adding that he hoped he had cleared up any misconceptions that were made in the article.

Taylor talks good governance

Cayman News | 15/06/2010 | 7 Comments

(CNS): There is still work to do to ensure the efficient functioning of the Cayman Islands 2009 Constitution, the governor said Tuesday, as he delivered his first Throne Speech in the Legislative Assembly. Duncan Taylor said good governance and human rights were the key themes of the country’s new Constitution. Although much has been done, the UK’s representative noted that there were various bodies and committees that needed to be established to prepare for the introduction of the Bill or Rights, which he said was rightly referred to in the Constitution as “a cornerstone of democracy in the Cayman Islands”. (Photo By Dennie Warren Jr)

The Human Rights Commission, a Commission for Standards in Public Life, a Constitutional Commission, and a National Security Council have already been established, the governor noted, but the Judicial and Legal Services Commission, the Advisory Committee on the Prerogative of Mercy and the Advisory District Councils, as well as the office of Director of Public Prosecutionsall needed to be done.

“The Constitution provides the core foundation and structure for our society. We need to draw strength from it to build a better and stronger Cayman Islands,” the governor said.

Outlining government plans over the coming year, he said there were three key themes.

“We need to adapt public finances to the new reality … we need to provide security for our people … (and ) … we need constantly to work to promote and ensure good governance and respect for human rights,” he said, adding the importance of ensuring the independence of the judiciary and other checks and balances in the Constitution.

He said the Auditor General’s Office would continue to carry out its mandate to provide assurance on government’s activities, ensuring value-for-money and the avoidance of waste, and the Complaints Commissioner would encourage government to serve the public better. He further noted that the Information Commissioner’s Office would encourage wide participation from the public in exercising their rights to information as well as hear, investigate and rule on appeals and review the Freedom of Information Law.

He said government would look for a Private Finance Initiative for the new court building but that the work of the Grand Court would be facilitated in part through the recent increase in judges for the Financial Services Division and the soon-to-be completed court for that division. The governor also noted that the Drug Rehabilitation Court would be seeking its own funding and the community’s support in the area of job provision.

Meanwhile, the Cabinet Office will prepare for the eventual increase in the size of Cabinet while the portfolio of the civil service will introduce e-learning and undertake amendments to the personnel laws in order to enhance efficiency and accountability.

Taylor said the Royal Cayman Islands Police Service would continue to strengthen its crime-fighting capabilities by hiring suitably qualified staff, training and developing personnel and complementing existing resources. He said it would be developing its intelligence capabilities, in order to better secure our borders against the illegal entry of people, guns and drugs.

Immigration would also work to secure borders and reduce immigration-related crime with the help of the Advanced Passenger Information System and the fingerprinting of all work-permit holders, which will begin in late 2010.

There will be more education at the prison, the governor announced, with inmates being encouraged to take more courses, including adult literacy and it will expand rehabilitative opportunities for drug and alcohol abusers. In support of the Alternative Sentencing Law, the governor said 911 Emergency Communications will expand its electronic monitoring function, to provide the option of tagging as a condition of bail. “The department will also implement a closed-circuit TV monitoring centre for the National CCTV Programme,” he added.

Speaking about the various plans in the ministries, the governor announced the establishment of a National Scientific Research Council “to ensure that our natural resources are preserved and protected,” he said.

Taylor also announced the move of gender affairs from the Ministry of District Administration to the Ministry of Community Affairs and confirmed that the premier had informed him that Members of the Legislative Assembly would be taking the same 3.2 percent rollback as civil servants but that his salary and that of the Leader of the Opposition would be cut by 10 percent.

Teen charged in BT robbery

Cayman News | 15/06/2010 | 27 Comments

(CNS): Following the armed robbery at a Bodden Town gas station on 11 June and the related police operations over the weekend, a sixteen-year-old boy has been charged with robbery and firearms offences. Police said they had arrested two men shortly after the robbery at Mostyns Gas Station, Bodden Town Road, on Friday night after giving chase to the getaway car and had been fired on by the suspects when they fled the vehicle. On Sunday two other men were arrested after an operation in Prospect. The teen has been charged with one count of robbery and two counts of possession of an unlicensed firearm and is expected to appear in court tomorrow morning. (Photo by Dennie Warren Jr)

Police have not yet said if any of the other men will be charged or if any further charges will be brought against the teen regarding the shots that were fired at the police during the chase. Police did confirm however that one of the men that was arrested has been released on police bail but another two remain in custody as police enquiries continue.

Anyone with any information about the crimes should contact Bodden Town police station or call Crime Stoppers on 800-8477 (TIPS).

Premier predicts further cuts

Cayman News | 15/06/2010 | 39 Comments

(CNS): Full update 6pm – In his budget address this morning (Tuesday 15 June) the country’s premier has predicted more public sector cuts over the next three years as well as increases in customs duty. For 2010/11 McKeeva Bush confirmed there would be an immediate 25 cent increase on fuel from 1 July and announced an 11 percent cut in public spending this year with more to come in the next. With an estimated core government deficit at the end of 2009/10 fiscal year of around $45 million, he said he would reduce that to less than $32 million by the end of the next financial year. He also confirmed the government’s debt would be increased to almost $624 million with additional borrowing now approved by the UK. (Photo Dennie Warren Jr)

The premier announced that government would focus on five overall key strategies in order to restore the country’s finances. These will include public sector reform, limits on borrowing, a broadening of revenue base, government expenditure review and the development of public private partnerships. Bush warned of further contractions in Cayman’s economy before the long awaited recovery would start towards the end of 2010.

Although the government is working on restoring fiscal prudence over a three year period, Bush revealed his expectations for revenue and spending for the next financial year, which he said was predicted to be in deficit to the tune of $32 million.

Although he said he was only introducing one new revenue raising measure, which was the 25 cent increase in duty on a gallon of fuel, he said that after working hard with the public sector and statutory authorities he had managed to reduce operating expenditure to $507.75 million — over $68 million less than the civil service had said it would need, and some $25 million less than the original spending predictions for core government in 2009/10.

The premier confirmed that the government will borrow a further $155 million this year, bringing public debt to a total of $623.7million. “This is not where I want to be and I will take steps to rectify this dangerous path, this year,” Bush told the Legislative Assembly in an address that lasted more than three hours.

He said that government would spend over $108 million on capital projects, including John Grey High School and the Government Administration Building. However, there were no funds allocated to the Frank Sound campus, which government implied would be not be completed in the next fiscal year as it opted to phase down the construction of the school projects.

He said government would invest a further $18.54 million in statutory authorities but subsidies would gradually be reduced in government companies.

The premier said that government expected to end the 2009/10 financial year with a cash balance of $77 million, some 24 million better than expected, and by the end of the 2010/11 budget year government would still have around $66.6 million in the bank.

While other economies around the world were showing improvements as a result of financial stimulus packages by government, he said Cayman was showing signs of improvement as a result of financial prudence, and this would continue over the next three years when spending reduction and divestment would play a key part in government’s plans. By the end of 2010/11, Bush said his government would have reduced the deficit from $81 million when it took office to $31.89 million.

“We have worked assiduously to trim operating expenses in government, fully conscious of the need to maintain morale among staff while choosing the path of least negative impact on the gross domestic product. This is why the non-wage components of expenditure have been tackled more vigorously than the components which have an immediate human face,” Bush stated.

He warned the economic recession was expected to persist for the rest of 2010 with GDP forecasted to fall before growth turns around by the last quarter of the year. “Gradual economic recovery is expected to start in 2011 as two consecutive quarters of positive growth are required to make the recovery official. And this is premised on a strong rebound of tourism-related services, the start of a number of new construction projects and a modest recovery of the financial services sector,” the premier added.

He predicted gradual improvements from the unemployment lows of 6% in 2009, to 4.3% in 2010 and around 3.2% in the next three years.

However he noted that the population was declining and was expected to be cut further by 3.5 percent in the 2010 calendar year, but a definitive population count would be provided by the October census.

“Assuming a modest improvement in expatriate labour employment beginning in 2011 as key industries show signs of recovery,the current estimate is that population size may settle at fifty-three thousand four hundred and thirty-six (53,436) by 2013,” Bush said. The shrinking population will have an impact on local demand for goods and services.

“Housing, which comprises the largest component of the local consumer price index basket, experienced declining prices at an average rate of -5.1 percent in the last three quarters of 2009. With the outflow of foreign workers, it is not expected to reverse in the 2010 calendar year, a downward trend in housing rentals is also likely to continue,” he added.

With an increase in gas and other imported items, average inflation rate would be 2% in 2010 from the negative 1.3 percent in 2009.

Over the next three years, the premier said, government would pursue a limited borrowing policy with no more than $25million or 1% of GDP spent on new capital projects each year as well as further cuts in public spending. He said with the 11% cuts made to the expenditure predictions for the next financial year, government had already made an encouraging start to further cost cuttingin public sector expenses.

According to the government’s three year plan, it intends to cut core government expenses down to operating to under $480 million in 2011/12 and to just over $462 million in 2012/13 through cuts and divestment.

Once again emphasising his government’s rejection of direct taxation, he said new revenue would come from consumption-based fees. “This type of fee has the benefit of spreading the burden across the wider community while minimizing the impact on businesses,” he said. “The government will therefore be examining the full list of tariffs under the Cayman Islands Customs Law with a view to adjusting some of these rates.”

As VAT would be expensive to introduce, Bush said the alternative of restructuring the current import duties would be a more efficient and cost-effective way to achieve the result of broadening the revenue base.

Bush said that the theme of this budget speech was “Partnership for Recovery” and emphasised the need for a private sector led recovery.

“There must be a new emphasis on the public/private sector partnership to drive our economic recovery. There must be a renewed emphasis on the partnership between the government and the people to deliver social cohesion,” he said.

Concluding his presentation, Bush said his government was advocating that, as the economy is driven by private-sector led growth, the government’s relative share of the economy would naturally decline, leaving government to concentrate on doing what it does best — the provision of services to the public. Warning anyone who was offering opposition instead of a helping hand, Bush said the work would still get done as, he said, he had a job to do.

From Kabul to Kingston

Guest Writer | 15/06/2010 | 4 Comments

(The Guardian): For two weeks, the Jamaican army and police have fought gun battles in Kingston. The many allegations of human rights abuses committed by the security forces – including extrajudicial killings and the disposal of bodies – have received almost no international attention. Nor have the linkages between the Jamaican crisis, the security establishments in the US, Britain and Canada, and the mutations of the "war on terror".

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Motorcycle smash kills rider

Cayman News | 15/06/2010 | 10 Comments

(CNS): Update 1:00 pm Tuesday – Police have now confirmed that a 26-year-old man has died following a motorcycle crash in George Town. About 6:20 pm last night, Monday 14 June, the man was riding his blue Suzuki motorcycle east on Linford Pierson Highway, close to Rankin Drive, when his vehicle left the road and crashed through a fence. Emergency services attended the scene and the rider was conveyed to the Cayman Islands Hospital suffering from multiple injuries, police said. A few hours later the rider passed away. (Photos by Dennie Warren Jr)

Though two earlier accidents this weekend have not been confirmed by the RCIPS, CNS understands that on Friday afternoon, 11 June, a motorbike caught on fire following a crash on the same stretch of road as Monday’s fatal accident and that the driver, who is currently being treated at the hospital, may have slipped in something on the road surface. On Sunday a young driver escaped from a serious accident in George Town when his car crashed into a wall on Walkers Road.

Police enquiries into Monday’s fatal incident are ongoing and any witnesses who have not yet spoken to police should contact PC 158 Gilzeane, RCIPS Traffic Department, on 946-6254.

Leaking rig used Cayman to cut tax bill

Cayman News | 15/06/2010 | 19 Comments

(Bloomsberg Business): Transocean Ltd., owner of the Deepwater Horizon offshore rig leaking oil in the Gulf of Mexico, reduced its US tax bill by almost $2 billion since 1999 when it moved its headquarters to the Cayman Islands, a published report said. Tax Notes magazine, a weekly journal published by Tax Analysts, said Transocean’s filings with the Securities and Exchange Commission show it cut its overall global tax rate to 16.9 percent in 2009 from 31.6 percent a decade earlier after moving from Houston. Transocean is seeking to limit its liability for the ongoing oil-spill that resulted from the April 20 explosion of the Deepwater Horizon rig, which killed 11 workers.

BP Plc, which owns the offshore oil lease and had contracted Transocean to drill the well, has primary statutory liability for spill clean-up and restoration costs that could top $23 billion, according to a June 2 Credit Suisse analyst report.

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