Archive for August, 2011
Forbes makes Cayman history with semi-final place
(CNS): Local hurdler Ronald Forbes made history today when he became the first Caymanian to compete in a 100m hurdle semi-final at the sport during the World Athletics Championships. The North Side native finished 3rd in his opening round heat on Saturday, with a time of 13.54 seconds, enough to secure him a place in the line-up for Monday’s semi-finals in Korea. However, dreams of making the final were dashed when Forbes came in sixth in a time of 13.67 seconds. The final itself was marked with controversy when Olympic champion and world record holder, Dayron Robles was disqualified after coming in first.
According to the IAAF website a protest by China on behalf of Liu Xiang, who appeared to be impeded when Robles strayed to the edge of his lane, was upheld. Robles who was first across the line in 13.14, was disqualified, handing victory to Jason Richardson, who followed in 13.16.
Liu, who came in 3rd with a time of 13.27 was moved into the silver medal spot and Andrew Turner of Britain took the bronze in 13.44.
A very muscular brand of Christianity
(The Guardian): When you hear the name Jesus, is the first image that comes to mind a dewy-eyed pretty boy with flowing locks? If so, think again. After 2,000 years, the Messiah is getting a makeover. This time he's less "gentle Jesus, meek and mild" and more of a kick-ass action hero – a Chuck Norris in sandals. No more cissy Kumbaya stuff. In this testosterone-fuelled theology, the Saviour finally has the rippling biceps he would have developed as a carpenter from a working-class home in Nazareth. The macho Jesus movement has been bolstered by books like No More Mr Christian Nice Guy and The Church Impotent – the Feminisation of Christianity.
But it's artist Stephen Sawyer, whose paintings of the Son of God as a tattooed biker and boxer have captured the imagination of Christian men searching for a more manly role model.
CUC looks for green energy
(CNS): Grand Cayman’s sole power supplier is inviting proposals from qualified parties to supply up to 13 megawatts (MW) of sustainable energy. CUC has put out an invitation for “expressions of interest and proposals” for the financing, construction, ownership and operation of renewable energy generation facilities. The firm said Friday that it has been monitoring the status of several alternative power sources for over a decade but the cost had “prohibited adoption”. Given the current cost of oil prices, however, alongside advancements in renewable energy in technologies, the firm said it believes that there are vendors in the market now that can provide greener power that may provide savings to the customer.
“Renewable energy could provide several benefits to Cayman, including lower emissions, price stability, and perhaps lower cost. CUC is hoping to identify viable Renewable Energy projects by the end of 2011,” the power firm said in a release.
The request for preliminary proposals was circulated last week and CUC is seeking expressions of interest from entities with a track record in financing, designing, constructing and operating comparable size renewable energy generation projects. CUC said it will evaluate proposals on both technical and financial merits, with 70 percent based on the ultimate price of generating the alternative energy.
“It is envisioned that the Investor would become an Independent Power Producer (IPP) that will enter into a Power Purchase Agreement (PPA) with CUC for the supply of electricity from the alternative energy generators,” the invitation states and explains that the successful partner will need to secure a generating licence from the ERA.
CUC said that feasibility studies for any energy source being proposed are the responsibility of the IPP but CUC has 12 months of wind study data from two locations that will be made available to qualified investors.
The need to find an alternative to the current situation of Cayman’s total dependence on diesel has been a long time coming. CUC had asked for invitations to tender back in 2008 with the goal of establishing a wind farm. Despite going some way down the road with that project, efforts were thwarted when the most suitable location for the turbines was identified in East End but was also selected as the site for government’s Doppler radar, bringing the two projects into conflict.
Judge finds directors negligent in Cayman fund
(CNS): In what is being described by local legal professionals as a landmark judgement the Grand Court of the Cayman Islands has, for the first time in the context of a failed investment fund, found two directors guilty of wilful neglect. In a ruling delivered Friday the judge ordered that the two directors pay the liquidators, who brought the proceedings on behalf of the failed investment fund, Weavering Macro Fixed Income Fund, US$111 million in damages. The court found that the directors' conduct fell well below what was required of them and were said to have not taken any meaningful role in the business of the fund, merely signing documents which were put in front of them.
Like many Cayman Islands investment funds, the directors enjoyed an indemnity under the terms of the Fund's constitutional documents covering all losses, but it doesn’t cover the two men for losses which were found to be down to the directors' own wilful neglect or default.
Local lawyers Ogier, who represented the official liquidators, David Walker and Ian Stokoe of Pricewaterhousecoopers, said the landmark decision confirms that although Cayman Islands investment funds may be structured differently to traditional corporate entities, the fundamental duties owed by a director of a Cayman Islands investment fund are the same as those duties owed by a director of any other corporate entity.
"The case shows that directors of Cayman Islands investment funds cannot sit idly by, leaving the management and control of the fund to its service providers. A director's duty to supervise the affairs of the company, and to exercise reasonable care, skill and diligence are non-delegable,” said Shaun Folpp, Managing Associate at Ogier Cayman, who, together with Will Jones Associate, acted for the successful plaintiff led by David Lord QC.
“Directors of Cayman Islands investment funds can no longer live under the misconception that they are immune from liability for a company's losses if they do not themselves take an active role in the company's business," Folpp warned.
In his ruling the judge said directors Hans Ekstrom and Stefan Peterson had consciously chosen not to perform their duties in a meaningful way, signing documents without reading them, applying their minds to the content or making any enquiry about the fund “whatsoever”. The judge stated that they never once asked for a written report or attended a board meeting in the six years of the fund’s life.
The fund was incorporated in April 2003 and the directors were both close family members of the principal investment manager, Magnus Peterson, who appointed them. One was his elderly step-father, who was 85 when he gave evidence in the trial, and the other was Peterson’s younger brother.
The judge said that while on paper the two men had appropriate credentials to act as directors, with the benefit of hindsight it was “difficult to avoid the conclusion that Mr Magnus Peterson chose to appoint his relatives as a means of meeting the minimum legal requirements without burdening himself with a real board of directors,” that would have supervised the fund in a businesslike manner.
See full judgement here.
Bolt’s false start prompts review of rule
(Telegraph): Olivia Grange, Jamaica’s minister of sport, led the clamour for change, slamming the ‘one strike and out’ regulation which prompted the downfall of her country’s national icon as “crazy”. Even some prominent voices within the International Association of Athletics Federations (IAAF) were left conceding privately that the idea of billions watching the instant disqualification of the sport’s one greatest superstar felt like a case of athletics once again lancing itself in the foot. IAAFofficials will be discussing the matter at their Council meeting, although that would be too late for the rule to be changed before the end of the championships.
Not only Bolt but two top British athletes, Olympic champion Christine Ohuruogu (in the 400m heats) and Dwain Chambers (in the 100m semi finals) fell foul of the ‘sudden death’ regulation on the opening weekend.
"It’s a crazy rule," said sports minister Grange, who had flown to Korea to watch the race. “The message has been sent that they need to revisit this ruling."
Defence lawyer says parents couldn’t see gunman
(CNS): The eyewitness evidence given by both of Jeremiah Barnes’ parents is of no value, a lawyer argued in his closing speech on Friday as he answered the crown's case against Devon Anglin (left) for the shooting of the four-year-old child. John Ryder QC said that neither Andy Barnes nor Dorlisa Ebanks really saw the gunman at the Hell gas station that night but both made assumptions about who it might have been. He said that Barnes was describing the killer “as he thought him to be” but not, the lawyer said, as he really was. He also said that Dorlisa had no time to make a proper identification of the man who shot at her family because she had ducked down to take cover as soon as he opened fire.
“The shock and speed (of the shooting) was intensified by the fact that the gunman was wearing a mask,” Ryder told the court in the trial as he made his closing presentation to Justice Howard Cooke on behalf of his client, 26-year-old Anglin from West Bay.
He pointed to the antipathy between Anglin and Barnes and suggested that the father of the 4-year-old victim had jumped to conclusions on the night of 15 Feb 2010.
Ryder told the court that when Barnes ran into the police station minutes after his child had been shot and killed, he had shouted “they killed my youth” in the first instance and only later had used Anglin’s name. According to the statements submitted in the case by other witnesses, Barnes had punched a man in the face at the police station that night because, Ryder said, it was one of the men with Anglin at Batabano a few weeks earlier when, according to Barnes, Anglin had threatened to kill him.
The QC pointed to the evidence of the gas station attendant, whom he described as a reliable witness with no reasons to give anything other than accurate testimony. The lawyer said he was the first person to see the gunman emerge from behind the rear of the station and he had told the court that his face was completely covered from the first moment he saw him with what he said was a Halloween mask.
Ryder said that the evidence of the child’s parents was unreliable as the incident took only 8 seconds and they described someone they knew and whom they assumed was the killer.
“There is a risk of assumption on the part of the witnesses based on a predisposition,” Ryder said, adding that there were inconsistencies in, and discrepancies between, the evidence given by Jeremiah’s parents, as he told the judge the evidence was of no value. He added that this was particularly illustrated by the fact that Barnes had described the clothes that Anglin was wearing earlier the same day when he had passed him rather than the clothes that the gunman was wearing when he gave he gave his statement to the police only hours after the incident.
The defence attorney told the court that he agreed with thejudge's thoughts voiced previously that if he consider the eyewitness accounts of Dorlisa and Andy “worthless” none of the crown's other evidence could support it.
With the gunshot residue at risk of contamination, the CCTV analysis and the clothes of no probative value, he said there was no other solid evidence against his client. The lawyer noted that while two teenage girls placed Anglin in what was believed to be the getaway car sometime after the shooting, there were three people in that car that night but at the time of the murder witnesses spoke of only two.
Ryder said that there was more than enough doubt in the case against Devon Anglin for the judge to acquit his client.
As the defence finished the closing speech, the judge commended both counsel for their work in the trial and revealed that he would be handing down his verdict on Wednesday afternoon.
New system churns up as Irene heads to Canada
(CNS): While Irene became a post tropical cycloneas it headed towards Canada and Jose continued its journey across the open Atlantic, the 12th depression of the season emerged south of the Cape Verde Islands. At 6am local time TD12 was moving west at 15mph with winds of 35 mph. The National Hurricane Centre said a turn toward the west-northwest is expected during the next couple of days with little change in forward speed and the depression was expected to become a tropical storm some time later today (Monday 29 August). Although Jose caused little trouble as it brushed by Bermuda, Irene was responsible for at least 24 deaths and extensive damage along the east coast of the United States.
As the clean-up began on Monday, thousands of workers were clearing tree branches and repairing electrical lines to restore power to almost 6 million homes and businessesin 13 states as well as the District of Columbia. Estimates suggest that Hurricane Irene left a trail of destruction from North Carolina to Maine estimated in the region of around $7 billlion and officials say the recovery effort will take days, and in some cases weeks, as flooding still threatens local infrastructure.
Follow the latest tropical system on the NHC website
.
Victim mugged of jewellery in George Town street
(CNS): Police have reported a second robbery this weekend after a 38-year-old man was robbed in Heather Lane, off Eastern Avenue, George Town. The incident was reported to the authorities at 12:45pm today (Sunday 28 August) when the victim said he had been confronted by two masked suspects, armed with what appeared to be handguns, at that location. The robbers stole a gold chain and bracelet from their victim before fleeing the scene. The suspects are both described as being only around 5'3" in height, fair complexion, wearing white t-shirts, long jeans and black masks. No one was injured during the incident and no shots were fired police said.
Anyone who was in the area at the time of the incident and has any information regarding this crime should contact George Town CID on 949-4222 or the confidential Crime Stoppers number 800-8477 (TIPS).
Gunman hits robbery victim
(CNS): A woman has suffered head injuries following a robbery outside her home in Bodden Town. Police report that the victim was attacked by the armed man at about 10 pm last night as she returned to her home address in South Cayman Palms, Bodden Town. The woman had travelled from George Town after closing up her business premises there. As she emerged from her car outside her house she was approached by an armed man. According to the police he struck her on the forehead with his gun and grabbed her handbag. The bag contained personal items but did not contain any business takings.
The suspect, who is described as being 6 ft tall, of slim build and wearing dark clothing, made off on foot after injuring his victim. Some items from the bag were later found discarded a short distance away.
The woman was taken to the hospital in George Town and was released following treatment.
Anyone with any information about this crime should contact Bodden Town CID 947-2220 or the confidential Crime Stoppers number 800-8477 (TIPS).
Cops face 2 murder attempts in weekend violence
(CNS): Update Sunday 9am – Police have confirmed that a 25 year old man has been arrested in East End in connection with one of two separate violent incidents which took place in the early hours of Saturday morning. He was arrested on suspicion of attempted murder following the stabbing of another man on the West Bay Road. Police were called to the area of the Marriot at around 2:45am Saturday having received a report about a viloent attack in the vicinity of the Marriott. On arrival officers found that a 25-year-old man had been stabbed several times to the neck and body and was bleeding profusely. The stabbing is believed to have occurred at the WetFete at the Cayman Islander Hotel, police said.
Meanwhile, another teenager was taken to hospital after being shot in the hip by masked gunmen in West Bay. In this second incident police received a report at about 5:10 am that someone had been shot at the Thatch Palm Villas on Anderson Road, West Bay. The victim was a 19-year-old man who was found to have a gunshot wound to the upper left hip. Police said that it appeared the teen victim had been confronted by two masked men armed with a shotgun, who shot at the man, before making off from the scene.
The suspects are described as being 5’10 and 6’ 0 in height. Both were wearing long pants with hoody style camouflage jackets.
Both of the injured men were treated in hospital and although serious, police said neither is suffering from life threatening injuries. The RCIPS confirmed however, that the two separate incidents are being treated as attempted murder enquiries.
Police also stated that they would be ramping up patrols Saturday night and Sunday morning in an effort to stamp out the violence.
CID officers are appealing for anyone with information about either of these crimes to come forward and contact George Town police station on 9494222 or the confidential Crime Stoppers number 8008477 (TIPS).