Archive for July, 2010
Sleepwalking past the jury
It was only a few months ago that a local defence attorney warned that Cayman was sleepwalking into legislation which was slowly eroding the people’s civil liberties. He was speaking after his client faced being tried a second time for murder following his acquittal the first time by a judge. This double jeopardy situation is as a result of changes to the Criminal Justice bill that enables the crown to appeal not just against a sentence but against a verdict.
This legislative change was followed only a few months later by the Witness Anonymity bill. Although ‘paved with good intentions’ to protect victims and witnesses, who in some cases fear very serious repercussions, it also raised questions about a defendant’s right to a fair trial and their right to confront their accusers.
Now this month we have learned that government is currently considering removing the right to trial by jury for all firearms cases. This does not just mean the gang-bangers which the country’s law enforcement and prosecution services are having such trouble convicting, it means all firearms related cases.
When I first sat down to write this opinion piece I had intended to use the hypothetical example of a woman who finally shoots her husband with his own gun after years of abuse as an incident where the law would apply and obviously raise concerns.
In such circumstances, the wife may have planned and plotted the killing of her abuser and may even have committed the act when her husband’s back was turned or while he lay sleeping, but many would still consider the killing an act of self defence. However, the law would state otherwise.
Such a case before a jury may well bring a not guilty verdict, something many would consider a just outcome, as jurors also consider the human element and motivation for a crime. Before a judge, however, the same woman could expect to go to prison for life as he would likely be forced to interpret the letter of the law.
In wake of the news of the early morning shooting in George Town today (22 July) we have another example where most would agree a jury trial, if there is a trial, would be essential.
Although the details of this case remain sketchy as the police are still investigating, it is evident that a burglar is now dead as a result of a gunshot wound he received from a licensed firearm holder and the owner of the property he appears to have been attempting to steal from. The homeowner has not yet been arrested, we hear, and he may never be but it is possible he will face some form of charge for an offence relating to the firearm. If this law passes before he comes to trial he will be denied the right to a jury, something that I am certain the vast majority of people here would see as fundamentally wrong.
The problem we have with this piece of proposed legislation is that it is being floated as a way to address the inability of the police, and in turn the crown, to secure convictions in cases of serious crime.
This failure in high profile cases is motivating the authorities to change the law rather than change their methods of policing and prosecuting. We all want to see those who are gunning each other down on the streets and engaging in gang violence behind bars but we should be asking ourselves if we want that at the cost of everyone’s civil liberties and fundamental rights.
If a community does not care about rights and liberties then it is easy to dramatically reduce crime. Laws can be passed to introduce a curfew, for example, that states no one is allowed on the streets after dark and the police will shoot on sight anyone who is – no questions asked. Job done, crime goes down a lot. No one in a democracy could accept such a draconian approach, but every chip that authorities take from our civil liberties approaches this kind of eventuality where the authorities move to take ultimate control of our freedoms in order to address the complexities of criminality.
It is disappointing that the newly formed Human Rights Commission is not demonstrating on the court house steps on behalf of the community over yet another attack on civil liberties and human rights.
While the chair has raised his concerns to the attorney general in a short letter (published on the site), the commission, which was formed to defend everyone’s rights against the state, has been less than vociferous on this issue.
It will be crying shame if we have to wait for the unintended circumstances of this law to place someone in jail for life after being denied their right to a jury trial before the community wakes up and sees what is happening to this oh-so fundamental right.
Already the state can try you twice for the same crime, it can place an anonymous accuser before you who could be vexatious but you cannot know, and will, if this law passes, place you before a single judge, removing your right to be heard by a jury of your peers.
Not everyone who is arrested and charged is guilty. The police are not perfect; they are human beings too and they make mistakes. The pressure of rising crime and limited training is taking its toll on the RCIPS and there is no doubt that they will make more mistakes in the future.
However, the law should provide checks and balances to ensure the innocent are not convicted as a result of mistakes in policing. We have already lost two of those checks and balances and a third, perhaps the most serious of all, sits perilously close to being lost.
If the community remains silent on this, the change to the law will pass. The only hope is that the people of the Cayman Islands raise their voices and demand that their right to a jury trial remain. There are other ways in which the authorities can legislate for extreme circumstances to enable proven gang members to be tried without a jury and where tampering of jurors is a genuine possibility. The law does not need to encompass every firearms case to achieve this goal.
I have heard many people recently raise their voices loud and clear in an effort to fight the National Conservation Bill as they are convinced it threatens their rights over their own land. I sincerely hope that there are more and louder voices out there that will also seek to fight to protect this, the most fundamental of all rights. Let us hope that this time the community wakes up in time and does not sleepwalk past its right to a face a jury.
Third tropical depression forms south of the Bahamas
(CNS): A tropical storm warning has been issued for the central and northwestern Bahamas as well as Florida and Keys following the formation of the season’s third tropical depression. At 11:00 am EDT the centre of the new weather system was located near latitude 21.9 north longitude 75.0 west. The depression is moving toward the west-northwest near 15 mph and the NHC said on Thursday morning that an increase in forward speed is expected during the next 48 hours. Maximum sustained winds are currently near 35 mph with higher gusts and the depression is could become Tropical Storm Bonnie later today.
Home intruder shot dead
(CNS): Update 12:55pm – Police have now confirmed that a man who was shot during an attempted home burglary has died. The victim who was Harryton Rivers (29) of Prospect was shot by the owner of the property at around 2am this morning (22 July). The man told police he woke up at his home in Liguinea Circle off Aspiration Drive, in George Town to find an intruder inside his house. The home owner, who is a licensed firearms holder, shot Rivers with a handgun but he has not been arrested at this time. Rivers was taken to George Town hospital with critical abdominal wounds, where he was later pronounced dead. Police have now confirmed that a knife was found at the scene. (Photo Dennie Warren Jr)
National Conservation Law delayed again
(CNS): Despite numerous rounds of public consultation since the first draft of the National Conservation Law in 2002, the current public consultation period, which was scheduled to end last Friday 16 July, has been extended another six weeks. Minister for the Environment Mark Scotland has previously stated that he wanted to bring the bill to the Legislative Assembly in September. Once it is passed, the NCL will require an environmental impact assessment (EIA) for all major developments, such as the North Sound channel and a commercial cargo port, which the government is pushing for. An EIA assesses a project’s environmental and social implications.
“After ten years of consultation and hand-wringing I’m uncertain why the government needs six more weeks,” said National Trust General Manager Frank Balderamos. “My positive side says it’s good that the general public is now actively involved in the process and that the government is taking more time to listen. However, my negative side says this is just another stalling tactic. Maybe their belief is that six weeks from now the public will have moved on to other issues and then they can simply sweep this legislation under the rug. But Caymanian society won’t sit still on this issue. I have heard from too many people, from 18 to 80 years old, who feel that the time for this legislation has not only come, but is long overdue.”
Over the last two weeks, the Department of Environment has held seven public meetings to discuss the bill and has encouraged feedback at the meetings, by postal mail, email, fax and via the DoE website.
Scotland said in a release this morning that over the past few weeks there had been a “rich and varied response to the Conservation Bill at multiple levels”. He said, “Several individuals, non-governmental organisations and community groups have indicated to me that while the public consultation period ended on Friday, they would still like an opportunity to make a contribution to the development of our national environmental policy.”
The minister said he has decided to extend the consultation period after consultation with his colleagues in government. “I recognise that the relationship between human society and the environment is complex and multidimensional, with changes in one domain affecting the other; and I also recognise that the way policy decisions are made has important implications for the outcome.”
Scotland maintained, “Historically, Caymanians have responded to the challenges posed to sustainable development by committing to and establishing policies for creating an enabling environment that supports sustained economic growth, environmental integrity, good governance and respect for human rights. Therefore, I see no reason why we cannot continue to achieve this.”
He said the process of moving our country towards a more sustainable future not only required better management systems, but it also a dynamic inclusive forum which brings together the demands of different social groups, values and discourses in a deliberative fashion. “We need a law that is inclusive, flexible and responsive to future needs of our country. One that will codify the norms of the Caymanian people, while simultaneously creating a structure for participation that helps to crystallise and protect our country’s environmental goals.”
Saturday night at the movies with West Bay cops
(CNS): Police officers from the West Bay police station are hoping to open up channels of communication with the community with e family movie night this weekend. The free movie screening will take place on Saturday, 24 July at John A Cumber Primary School and stars at 6pm. Although the cops were keeping the movie under wraps the law enforcement officials are promising a fun packed evening for film buffs of all ages. The movie night initiative, developed by West Bay neighbourhood police in conjunction with local organisations and private companies, has been a great success.
Local steel band to appear on international stage
(CNS): The UCCI Cayman National Steel Band, “Pandemix”, will be making its second appearance on an international stage later this month at the 2010 Caribana Festival in Toronto, Canada. “Pandemix” has joined forces with local band “Panoramers” and one of Toronto’s leading bands, “Afropan Steel Pan Band: The People Band”, for a competition performance during “Pan Alive” on 30 July and the parade on 31 July, during the largest Caribbean festival in North America “Pandemix” will also participate in the very popular “Blokos” street party with several other bands.
Local offshore bank reaches 40 year milestone
(CNS): The Caledonian Group is marking its 40th anniversary this summer and the financial institution said its success over the years was down to the support of its staff. The organization was founded by William S. Walker in 1970 and members of the Walker family were on hand to celebrate the first of a number of planned celebrations that will mark one of the financial sector’s earliest institutions anniversary at the Grand Cayman Beach Suites recently. Caledonian Group CEO David Walker thanked the firm’s employees and express appreciation for their service and commitment. “Caledonian has made tremendous progress over the past 40 years, much of which is attributed to the vision of its leaders and the support of its staff,” he said.
Local contractor bankrupt
(CNS): Following more than four decades building in the Cayman Islands, general contractor Hadsphaltic Ltd has been forced to close down after its parent company went into voluntary liquidation. Liquidators are now dealing with the local construction firm responsible for a number of well known locations in Grand Cayman, from the West Wind Building on the West Bay Road to Papagallo Restaurant (left) near Barkers. Chris Johnson and Russell Smith of Johnson Smith Associates Ltd, local insolvency practitioners, have now been appointed as the liquidators in Cayman and they are currently investigating the firm’s assets as well as examining creditors’ claims and dealing with local staff.
Cops arrest West Bay robber
(CNS): Police have now confirmed that they have arrested one man in connection with an armed daylight robbery of a West Bay store on Wednesday morning (21 July) At about 11.40 am a man armed with what appeared to be a handgun entered the premises of a shop known as Shoes Best Repair and Variety Store in Fountain Road, West Bay. The man threatened staff before fleeing the scene with a small sum of cash. He was last seen running south on Fountain Road. Police immediately attended the scene and following a search of the area a 23-year-old man was arrested in Foremast Close on suspicion of robbery. (Photos by Dennie Warren Jr)
“The suspect is described as having a white complexion and was wearing sports shorts and a white and brown coloured shirt,” Detective Constable Howard Campbell said. “I would ask anyone who was in the area at the relevant time and witnessed the robbery, or the armed man running from the scene, to contact me at West Bay police station on 949-3999,” he added.
School plans change again
(CNS): Government says it now plans to re-tender the construction management job at the two new high school sites following it s decision to phase the schools’ completion in order to save cash. The Ministry of Education said on Wednesday that construction at the Clifton Hunter and John Gray sites will continue where possible, under the supervision of the Ministry’s project team with additional support until the new tender process is complete. Rolston Anglin stated that the new construction management tender will reflect the changes and government’s decision to phase the projects over a longer period and will be re-advertised shortly.