Archive for September, 2010

One man arrested for nightclub murder

One man arrested for nightclub murder

| 22/09/2010 | 0 Comments

(CNS): More than a year after the shooting, police have announced that a 24-year-old man has been arrested in connection to the death of Carlo Webster. The 24-year-old man, who is from the West Bay area, was arrested earlier this morning (Wednesday 22 September) on suspicion of murder, police revealed. Webster was gunned down in the Next Level Nightclub, on the West Bay Road, on 10 September in a shooting which police have said they believed was connected with a tit for tat escalation of gang violence throughout 2009. Webster was shot in the head in front of over one hundred people who were in the club that night. Police have not named the man and have not indicated if he was already in custody or not. However, a spokesperson said that enquiries into the shooting continue.

On the night of the incident the 911 Emergency Communications Centre received a call froma member of the public reporting that a shooting had occurred inside Next Level. Police responded to the scene and found a man in his thirties inside the club who had received fatal gunshot wound. Another man was then found at the rear of the club suffering from a gun shot wound to his abdomen.

 

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Law enforcement raid nets immigration offenders

Law enforcement raid nets immigration offenders

| 22/09/2010 | 9 Comments

(CNS): Two Jamaicans and one Caymanian were arrested during a joint RCIPS and immigration operation on Monday night which involved some twenty law enforcement officers who were carrying out checks in the Eastern Avenue area of George Town. The two Jamaican nationals were arrested on suspicion of having landed illegally and the Caymanian for obstruction of the officers all three remain in custody pending further investigations. Meanwhile, another man who is a permanent resident with the right to work was arrested for not having an employment rights certificate.

 
Deputy Chief Immigration Officer for Enforcement Gary Wong explained the situation. “The charge facing this professional-level worker is working without being authorised by an Employment Rights Certificate. The offence occurred after the permanent resident failed to pay the required fees which would allow him to work in the Cayman Islands. The outstanding amount is some $25,000,” he said.
 
The two separate events provide illustrations the Immigration Department stated of its intention to clamp down and remain vigilant in both detecting illegal residents and ensuring that local employees and businesses adhere to relevant laws.
 
Applauding these recent efforts and thanking the RCIPS and other uniformed agencies for their continued support, Chief Immigration Officer Linda Evans said offenders will continue to be targeted. 
“This continued enforcement drive is in the national interest. It targets all levels of law infringement and is about protecting border security aswell as detecting abuses in the labour market,” she added.  
Evans also thanked the public for cooperating and reminded permanent residents to ensure that any required payments are up-to-date or they would face being arrested and fined.
 
The department is able to impose administrative fines, which do not require the subjects to appear in court or necessarily face imprisonment.
 
During the immigration amnesty in July 87 people representing diverse nationalities took advantage of the opportunity to depart Cayman without repercussion. An enforcement crackdown was subsequently implemented.
Cases detected since then include overstaying, altering documents, working without a permit, obstructing law enforcers and making false statements. Overstayers or others committing any immigration offences should voluntarily contact the Immigration Enforcement Section, or they will be arrested when attempting to depart.

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Governments turn up heat on tax cheats in Med

Governments turn up heat on tax cheats in Med

| 22/09/2010 | 0 Comments

(FT.com): Panic swept through Italy’s superyacht owners like wildfire last May, when finance police pounced offshore and seized the 63m Force Blue from Formula One tycoon Flavio Briatore, evicting his ex-model wife and infant son, amid accusations of tax fraud. Tax police said Briatore was suspected of evading €4m ($5m) in unpaid VAT on the boat and tax of €800,000 on fuel. Legal advisers around the world promptly told their clients – some 90 per cent of whom, like Briatore, had their yachts under the Cayman Islands flag – to reconsider before entering Italian waters. In both Italy and Greece, the Mediterranean yachting idyll is coming under threat, as cash-strapped governments turn up the heat on tax evaders.

 

 
Over the summer, undercover inspectors in T-shirts and flip-flops were popping up in Italian marinas, checking ownership of yachts against tax returns, asking such embarrassing questions as how someone claiming disability or social welfare could be at the helm of a 15m boat.
 
Similar moves – but so far without the drama of a high-profile seizure – are afoot in Greece, where financial police are checking the names of superyachts berthed at marinas around Athens against the registry of non-ocean going vessels at the maritime affairs ministry.
 
 

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Audit office defers FOI

Audit office defers FOI

| 22/09/2010 | 14 Comments

(CNS): The Auditor General’s Office remains determined to keep a lid on the number of public bodies that have not conformed with the Public Management and Finance Law this year, and has refused a CNS freedom of information request regarding the submission of annual accounts. Despite the fact that additional public funds were allocated to help financial officers catch up with delinquent government accounts so they could submit the 2009/10 financial year on time, the audit office says it is not prepared to reveal whether that extra expenditure of public money has improved the situation. Although it is an independent office, free to make its own decisions about disclosure and the only place collating information about government financial compliance, the auditor general is giving nothing away.

Following an FOI request by CNS at the beginning of this month asking the AG’s office to list the number of government companies, statutory authorities, government ministries and other public bodies which had complied with the PMFL, the office has sent a letter of deferral until January next year.
 
CNS had asked which government entities had submitted their annual accounts to the office for audit by the 31 August deadline under the PMFL. However, the office said it was not prepared to reveal the information as it was working on a major report regarding the entire issue of government financial accountability for December and did not wish to pre-empt the findings.
 
In a departure from the previous auditor general’s position of answering questions and providing information to the press and the public at large unless the law prevented him from doing so, the new auditor general has said he intends to communicate with the public only when reports are complete and have been delivered to the Legislative Assembly.  
 
Given the allocation of extra public money to assist government financial officers in the goal to catch up and to get this year’s accounts in on time, CNS pressed for this piece of information in the belief that the public had a right to know at the material time (the legal deadline of 31 August) how many government bodies had complied with the law. We therefore submitted an FOI request.
 
In the deferral letter the Auditor General’s Office said the information requested by CNS was “considered a significant matter for our December Auditor General’s Report as we intend to present progress in presenting financial statements as a major component of the Report before talking more widely about the audit opinions and the issues we have found.”
 
The office said that the matter would be presented in the context of all of the issues surrounding the progress made on government accounting. “We believe the release of the number no matter what caveat we attach, is potentially a misrepresentation of the position and does not really ensure effective accountability at this time,” the letter stated.
 
The AG said the information would be released at the latest by 4 January 2011 if the report was not tabled in the Legislative Assembly before that date.
 
CNS has appealed the decision in order to ensure the issue of government financial accountability remains in the forefront of public awareness so that the people can continue to press government to fulfil its obligations regarding how public money is being spent.
 
The Caymanian public is aware of the poor state of government finances because the previous auditor general made the decision to do a special report on the subject. As a result of his revelations the government was forced to tackle the problem, and while progress has been slow the public scrutiny helped to place the problem higher on government’s agenda.
 
At present the people still do not know how government departments have spent public money, despite two budget deficits and a continuing recession, as an annual government financial report has not been produced since 2004.

Read AG’s letter here  

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Local customs officer’s drug running connection

Local customs officer’s drug running connection

| 22/09/2010 | 45 Comments

(CNS): Unconfirmed reports that three Caymanian men have been arrested in the UK on charges of importing drugs may also include a local customs officer. Chief Customs Officer Carlon Powery (left) told News 27 yesterday that he was aware of an alleged offence regarding a flight that had left the Cayman Islands for the UK but was not prepared to comment on the connection with one of his officers. Powery said he did not want to withhold any information from the public but the investigation was in the preliminary stage.  CNS understands that the men involved were on a British Airways flight and were arrested on arrival in London with a significant amount of cocaine and may have been assisted by an official at Owen Roberts International.

 

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Lisa moves slowly as the 13th storm threatens to form

Lisa moves slowly as the 13th storm threatens to form

| 22/09/2010 | 0 Comments

(CNS): At 8m this morning Tropical Storm Lisa was about 450 miles west-north-west of the Cape Verde Islands moving east-northeast at a slow 5mph with maximum sustained winds of 45mph. At this point Lisa poses no threat to land as forecasters say the storm is likely to take a turn toward the east and then south over the next day or two. Some slow strengthening is forecast during the next 48 hours and storm force winds currently extend outward up to 45 from the centre. Meanwhile, an area of low pressure over the south-central Caribbean Sea has been given an increased chance by the National Hurricane Centre of becoming a tropical depression later today or tomorrow as it moves westward at 15 mph toward the western Caribbean.

 
Forecasters said there is a 60 percent of this system becoming a tropical cyclone during the next 48 hours and regardless of the development it will bring squally weather to the Netherlands Antilles, the northern coasts of western Venezuela and Colombia today.

Go to NHC

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Mac vows 3 months to success

Mac vows 3 months to success

| 22/09/2010 | 100 Comments

Cayman Islands News, Grand Cayman Island headline news(CNS): During a television address last week the country’s premier said he was putting forward “specific measures” to address the country’s declining economic fortunes. McKeeva Bush told the public that he was confident that within 90 days of the TV broadcast (16 September) Cayman would be back on the path to success. Bush listed a number of proposals that were being considered to improve the economy, and after a period of consultation he said he would deliver anotherpublic speech revealing which proposals government intended to implement. The premier did not reveal the exact details of the measures he had spoken about but said government would encourage new business to invest here.

"I am confident that within 90 days of today, Cayman will be back on the path which created its success. It will not be complete, no, but we will be moving forward," the premier stressed.
 
He spoke about strengthening incentives, changing immigration policies — including a contracted rollover period — assisting small businesses and speeding up the offshore licensing process as part of the solution to the current economic difficulties. He also announced the formation of some more committees to examine the situation.
 
Bush said that government had contracted Jude Scott to oversee the implementation of various projects and initiatives it was considering, and heads of departments across government were being asked to deliver “statistics and information” to the Ministry of Finance to assist in the monitoring of economic activity. 
 
Acknowledging the struggle, and the challenges his government was up against, the premier spoke about the increasing global competition the country now faced in the financial services sector. He said Cayman had to compete, not just with financial centres in the Caribbean, but centres that have been established in the G20 countries. “The failure to recognise the competition … and to adjust our internal policies to remain competitive is one of the main causes of the severe economic conditions which we now face,” Bush said.
 
“In the past, we were able … to encourage businesses, foreign investment, and retired persons to come to our Island …. We were at least in the top 10 places in the world which were being considered when companies, businesses or persons were considering doing business … Recent independent studies have indicated we are no longer even on the radar by very important internationally recognized organizations,” he revealed. “We have failed to implement our immigration policies in a manner which allows the continuation of growth in our major industry.” 
 
The premier pointed out that while the registration of mutual funds, banks, insurance companies, financial institutions generate tremendous income for government, the more important benefits came from these institutions doing business in Cayman and creating local economic activity.
Recent immigration policy had encouraged people to leave Cayman, the premier suggested in his TV address He said this was based on a mistaken belief that the jobs would still remain in Cayman.  “Young Caymanians unfortunately were encouraged to believe that our country could do without foreigners and that money would continue to flow.  This has proven to be a very serious and costly mistake.  It has caused severe suffering among our people and our businesses.”
 
Bush pointed to the same mistakes made by neighbouring states in the past, where poor immigration decisions made over 30 years ago were still negatively impacting those countries. “Wise persons learn from the mistakes of others by having in the forefront of their minds and their decision process the history which created those mistakes.  Our Government has no intention of carrying these mistakes forward,” Bush added.
He said government was turning its attention to newpolicies to stimulate growth and jobs and it would be holding a series of meetings over the next couple of weeks to “obtain input and solutions” from the people and to implement solutions “to grow our economy and enhance the lives of our people.”
 
Bush also spoke about the importance of encouraging people and businesses to relocate to Cayman and to conduct their business on the ground here.

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Government buy-in and public participation needed

Government buy-in and public participation needed

| 21/09/2010 | 3 Comments

Coming from a country where FOI has been in place for over a decade provides me with a unique vantage point from which to observe how Cayman is implementing the law, coping with new responsibilities and openness and how the public is embracing (or not embracing) these new rights.

The two most prominent points that come to mind as I think about writing this article are government “buy in” and public participation, both of which are necessary for the law to work properly and be meaningful.

What do I mean by government buy in? I mean a genuine effort by those who run the show to provide support for FOI processes, respect the timelines prescribed in the law and respond as openly and completely as possible to requests no matter who has made them and no matter the perceived reasons for the request. During my time here I have seen a dedicated commitment to accomplishing the goals of the law from a large number of civil servants. In some other cases, unfortunately, I have also seen a good amount of apathy from a small group of others who hold key positions within government. It is disheartening to see this when they are the ones that should be champions of the law rather than neutral or, in some cases, negative. Now, this is not to say that Cayman is unique in these attitudes as I have experienced similar trains of thought back home. The uniqueness here, I think, is the fact that some of the negative attitudes come from some of the highest places in government and in such a small community this can have serious ramifications on the acceptance and continued use of something as potentially controversial as FOI.

The other piece of the puzzle which has to be in place for this system to work, and with which I have seen and heard some issues, is public participation. So far, I believe the trend has been that the media and a few savvy, interested members of the public have been responsible for making a large number of the requests so far. This is evidenced by the news stories coming out in the media and the appeals that have been received by the ICO. This is not necessarily the case when it comes to all the public authorities as I know that a large number of separate individuals have requested their files from the Immigration Department. For other public authorities, however, the trend that a few are responsible for the most requests seems to stand firm. While the media does have the responsibility of conducting investigative journalism and informing the public of what they find, the public should not solely rely on them to keep the government on its toes.

I know there is still a large number of people that know little or nothing about FOI. While it is true that some people will just never be interested in the topic, I get the sense that many are at times reluctant to learn about or use the FOI system in fear that they may be singled out. A fear of repercussions if they do not make their requests anonymously may in some cases be well founded. Anonymity is especially important in a community as small as the Cayman Islands and efforts should be taken not to erode this protection or an increase in public participation may never be possible. People have a right to know what their government is doing. The culture has to change so that questioning the government and the answering of those questions should be the norm rather than the exception.

Of course change does not take place overnight. In a short period of time the government has been forced to at least partially open its doors to a level of public scrutiny that it never experienced before. For some this scrutiny can come across as threatening and, in a sense, unnatural. Change will take time. While I have picked on perhaps a couple of the more negative aspects of the Cayman FOI arena it does not mean that I have not seen other very promising aspects as well, especially from some of the very hard working Information Managers whose job it is to keep the FOI system running. The cultural change will be gradual and over time, hopefully, FOI will become more mainstream. Inevitably there will be dissenters and people that will say FOI is too much work and too costly. These people’s voices will fade, believe me. I just hope the cultural change will come before any possible negative legislative changes can be made, such as the inability to make anonymous requests or an exorbitant increase in fees, which are within the government’s power to make happen.

 

Cory Martinson is a former appeals and policy analyst with the Information Commissioner’s Office (ICO)

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Caymanian game designer hits global apps stage

Caymanian game designer hits global apps stage

| 21/09/2010 | 38 Comments

(CNS): Local games designer Garth Humphreys has made history by becoming the first Caymanian to have a game application he designed published and distributed by Apple iTunes. His game Wubble is now available in the iTunes App Store and Humphreys says he feels like he has hit the big time. The game is a simple, yet fun word challenge for all ages and it has placed Humphreys on the world stage of game applications. While Humphrey’s says he’s not expecting to be rich beyond his wildest dreams yet the satisfaction of getting his game published is a pretty good reward.

 
“It won’t make me rich, but just seeing Wubble take off, gives me great satisfaction. Being picked up by a global company is a big feather in my cap and shows that perseveration pays off. This is abig break for me,” Humphreys explained, adding that he loves animation and games and has been working on perfecting a game of his own for some time. Gizmoko Games is the studio owned by Humphreys where he works on developing games, interactive websites and animated commercials with Adobe Flash. 
 
As with many big ideas, Wubble had a rather obscure start. “It actually came from discussing a puzzle game with an underwater bubble theme with my fiancé in a restaurant, hence my tag line ‘burst their bubble with the highest score in the game called Wubble!’” Humphreys revealed.
 
The game challenges players word skills as they must try to unscramble as many six-letter words as they can in order to be crowned the champion wordsmith.
 
Wubble is now available for download for the iPhone and iPad for $1.99 (http://itunes.apple.com/us/app/wubble/id368103509?mt=8 ).
 

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Small hedge funds head for closure say experts

Small hedge funds head for closure say experts

| 21/09/2010 | 0 Comments

(Bloomberg): As much as 20 percent of hedge funds globally may be liquidated by the first quarter because smaller managers are starved for fees and new capital, according to Merrill Lynch & Co. Hedge fund managers overseeing less than $100 million may be the worst hit, said Justin Fredericks, New York-based head of US.capital introductions, a prime brokerage team that brings together hedge funds and potential investors. Hedge funds globally returned on average 1.65% according to Hedge Fund Research Inc., headed for the third-worst annual return since the Chicago-based company started to track data in 1990 on concern that the recovery in economic growth may falter.

About 93 percent of the $9.5 billion net inflows into the industry in the second quarter went to managers overseeing $5 billion or more, said HFR.

 “Going into the year-end, there will be significant closures and we estimate it could be as high as 20 percent,” Fredericks said in an interview Sept. 17 in Hong Kong. “A large portion of managers are still below high-water marks. Performance is flat and money hasn’t been flowing to smaller managers.”
 

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