Archive for June, 2012
MOU with CHEC 1 year old
(CNS): It is now twelve months since the premier first signed a Memorandum of Understanding with China Harbour Engineering Company to enter negotiations over the George Town cruise berthing facilities. When McKeeva Bush signed the deal to start exclusive talks with the Beijing firm and pulled out of talks with GLF Construction he said CHEC would get the project moving more quickly. Despite these claims, the port project remains stalled in the face of extensive controversy surrounding the Chinese firm, mounting local opposition to the choice, as well as a clear message from the UK that as things stand it cannot support the development.
After one year of talks with the Chinese the cruise berthing facilities still seem a distant goal for the UDP administration. Three years into the UDP government a port now seems less likely to happen than it did on the day Bush terminated the GLF talks in April 2011. At the time that firm along with its local partners Royal Construction had said they were no more than six weeks away from mobilization and the start of the piers. Had the premier made the decision to stick with GLF and move to a main agreement the first pier would now be finished.
Despite Bush’s claims that he wanted to get the port going and that CHEC is the best partner for the public-private project, in the last twelve months there has been little evidence of progress towards a start date. Most updates regarding the talks have come through leaks or FOI requests that have revealed CHEC’s desire for a 49-51 year lease, a share of the port fees, a plan for a two tier upland terminal of some 100,000 square feet and plans for a casino. The project has been described as ballooning in cost as it grows from an estimated $150 million development to one expected to exceed $300 million.
The choice of CHEC has brought significant opposition from many who depend on cruise tourism for their livelihoods as well as the Cayman Contractors Association – groups that are fully supportive of the need for the piers.
However, because of concerns over the firm’s reputation as well as the belief that CHEC is likely to exclude both local workers and businesses from the project, Bush’s choice of partner has very little support from the community or even members of his own political party. The premier terminated talks with GLF in April 2011 despite recommendations that government should give the contract to GLF from the then port board chair, Stefan Baraud, a former UDP party chairman, and from UDP backbench MLA Cline Glidden, who was the port project's lead negotiator.
Bush ignored those recommendations and signed the MOU with CHEC on 13 June 2011 to design, build and finance the George Town facilities, a pier in West Bay and the renovation of the Spotts Jetty, with a lease period of 49 – 51 years. He then placed Ellio Solomon in the role as lead negotiator with the Chinese.
The decision to dump GLF and go with CHEC has not only stalled the project and raised significant controversy but it also cost the public purse more than $2.5 million in a settlement with GLF because of the breach in the terms of the Framework Agreement when Bush made the unilateral decision to stop the talks.
Up until last week, however, despite news about CHEC and its parent company being banned by the World Bank and revelations of people being imprisoned and even facing execution after accepting bribes from the firm, the premier has insisted that CHEC remains the right partner for Cayman.
Currently, auditors KPMG are undertaking a review of the proposed project and the premier has been advised by both the auditor general and the chair of the Central Tenders Committee on the way forward for getting the project back in line with international best practice. The UK has stated that it cannot support the proposal at present and bringing the project back in line with best practice may require a full tendering process.
Mac breaks more LA rules
(CNS): According to the constitution, the Legislative Assembly should be prorogued by the governor at least once every twelve months but that deadline has now passed for this year. The sitting that has been called by the premier for Friday will be the last in this parliamentary year but it is already in breach of the constitutional requirement that the House is closed annually, Ezzard Miller told CNS this week. The brief meeting on Friday is to allow government to vote on carrying over legislative business not completed in this political year to the next, which, the independent member pointed out, was also incorrect. These breaches were just two more in a long line of rules governing the Legislative Assembly that the premier has ignored during his time in office, he said.
The independent member explained that the House began this current parliamentary year with the governor’s Throne Speech on 23 May 2011 and therefore the Legislative Assembly should have been prorogued before the 23rd of last month. However, it will not be closed until after the brief session on Friday 15 June, some three weeks past the deadline.
“We have received no notice of when the budget meeting will commence but we understand that the House is being called on Friday in order to allow government to vote to transfer unfinished business from the last meeting,” Miller said. “This is not usual practice. When business is not completed in a parliamentary year it usuallyfalls away and government starts over. Also, as parliament should have already been prorogued it is difficult to fathom how a meeting can be scheduled beyond what should have been the termination of the session.”
Miller added that throughout this administration the premier has broken dozens of rules and regulations relating to the Legislative Assembly, from ignoring the 21 day public consultation requirement on laws to stretching meetings out to prevent motions being filed and ignoring parliamentary questions.
After Friday’s meeting of parliament the next meeting will be the budget session, which will open with the government’s Throne Speech to be presented by the governor.
The date remains a mystery as a result of the government’s mounting difficulties in arriving at a balanced budget. Bush has said he aims to bring the budget next week, but other sources tell CNS this will be impossible.
AG points to forensics in face of witness intimidation
(CNS): In the face of growing witness intimidation the Cayman Islands’ attorney general has pointed to the need for prosecutors to place a greater emphasis on forensic evidence in the justice system. Samuel Bulgin told a gathering of public prosecutors from around the region that there is a direct correlation between witness protection and the need for jurisdictions to enhance their forensic evidence gathering and analytical capabilities in order to address the challenges presented to law enforcement by the ever more brazen attitudes of criminals. He also warned the legal representatives of the people to guard their independence from political interference.
Speaking at the opening of the first ever Caribbean prosecutors workshop regional DPPs Workshop on Thursday morning which is being hosted by Cayman, Bulgin pointed to the direct threat to justice across the region posed by the flagrant attitudes of criminals for the process.
“Witnesses are being shot, threatened or otherwise intimidated by accused persons and those connected to them,” he said. “This is a growing problem in many of our Caribbean Islands. It follows that more and more persons are becoming reluctant to provide statements and testimony in criminal trials. The net result is that persons charged for violent crimes are often acquitted because of the reluctance of witnesses to testify against them, and the absence of forensic evidence to serve as corroboration.”
He added that the surest way of arresting the worrying trend was for criminal justice system to place less reliance on “eye witnesses” and depend more on forensic evidence.
Speaking about the mounting and diverse challenges faced by prosecutors he pointed not just to the reluctance of witnesses but even victims of crime to come forward and the greater “sophistication, transnational depth and the more brazen attitudes adopted by perpetrators of crimes, based on the ease with which they can arm themselves and equip their nefarious enterprises.”
Bulgin pointed out that prosecutors around the region were also dealing with the challenges with inadequate resources. “…Which, but for your continuing creative ways, could result in a dysfunctional criminal justice system,” the AG added.
He added that the workshop would help prosecutor find common cause in repelling those forcesthat, if left unchecked, would compromise regional justice systems as he pointed to the challenges coming from within the jurisdictions.
“For a democracy to thrive to its full potential, governments have to recognise that you need to maintain your full independence,” he said. “The concept of judicial independence can only be preserved if governments demonstrate deference to judicial offices such as the Office of the DPP. Quoting Sir Shridath he said Caribbean courts “at every level, must be manifestly free from political influence and be seen to be sturdy custodians of that freedom.”
Bulgin warned the public layers that they must remain independent in their decision making. “You should make all prosecution decisions in the interests of justice and should be free from all improper influence,” he said. “In doing so, you must strive at all times to be fair, transparent and accountable. That is: where desirable, you should explain your decisions and be prepared to account for the service which you deliver.”
He called on the prosecutors to weather the storm of public criticism with calm, dignity and self-assurance as the role of a prosecutor was indispensable.
Red Stripe Stormchaser lives up to its name
(CISA): The Cayman Islands Sailing Club hosted the 4th annual Stormchaser dinghy regatta on the weekend of June 9th and 10th. The Stormchaser regatta was introduced to mark the arrival of the Hurricane season and takes place in June every year. It is one of only two regattas held during the year where different classes of sailing boat sail together. Once again the weather didn’t disappoint for this year’s Dinghy and Cat Boat regatta. Strong winds and choppy seas tested both the resilience and the skills of the sailors. Saturday saw four races run and there was plenty of capsizing and equipment failure as the racers pushed themselves and their boats to the limits.
In the Laser fleet Raph Harvey showed why he is very much the man in form winning three out of four whilst Chris Delaney dominated the Laser Radial fleet as did Pablo Bertran in the Optimist fleet.
“The conditions were not easy and it was good to see the youth sailors coping with the extra wind and wave action” said Harvey. “A lot of people find their fitness levels challenged in stronger wind but they had the skills to adjust and preserve energy.”
On the Sunday the Cat Boats joined in the action. They too found the conditions challenging but Jerris Miller in Whittaker Cat showed how to handle them by sailing a fast but cautious race. The scratch team of Kelvin Browne, Andrew Moon and Mark Macfee, sailing Chisolm Cat seemed to be giving Miller a run for his money until disaster struck on the downwind leg. Helm Browne couldn’t deal with a “Death Roll” and the boat capsized and sunk leaving the club coach, commodore and ace sailor floating amidst the pieces of their boat. Fortunately the boat which had been loaned by the Catboat club was soon back in good shape and the sailors just a little wet.
“It was definitely a learning experience” said Coach Browne. “Everyone was ready for a Red Stripe after that.”
In the Lasers Harvey went on to win all three races taking the Championship with ease. Chris Delaney took second place overall with Charlie Grover sailing a steady regatta to take third. In the Optimists, Allena Rankine had been on Pablo’s tail in every race and she took two of the three races on day 2 but it wasn’t enough and Pablo took the championship by 3 points.
“I was exhausted by the end but it was a great sailing experience” said Bertran.
Dave Stephenson, the fleet rep for dinghies was quick to thank all those who made it such a successful event. “Race Committee once again ran the racing with true professionalism and our generous sponsors at Red Stripe gave the event a true regatta feeling once again.”
Inmate escapee meets woman
(CNS): Officials from HMP Northward have reported that a Category D prisoner who was working on outside detail close to the prison absconded for around one hour on Thursday morning at around 10am. The 28-year-old prisoner, who has been on the outside working team for several years, escaped from the area where he was working on the perimeter, close to the prison. He was intercepted by prison officers as he was returning to Northward by car with a woman. The prison director said that the “young lady who was in his company, driving the vehicle” was handed over to officers from the RCIPS.
The police confirmed that a female was arrested in the Northward area this morning in connection with the incident but have not stated on suspicion of which charges the woman has been detained. The prison has said that an enquiry into the temporary absconding by the low risk prisoner is now underway.
Researcher to assist in development of gender policy
(CNS): Following the passage of the legislation and the creation of Cayman’s first Gender Equality Tribunal (GET) that will hear and determine discrimination complaints under the Gender Equality Law (2011), the Ministry of Community Affairs, Gender and Housing has Aubrey Bodden in the dual role of Policy Officer and Tribunal Secretary. Working with the senior policy advisor, Tammy Ebanks the two officers will be working together on research and analysis, develop policy and offer advice to the community affairs ministry and wider government on gender issues.
The Minister responsible for gender affairs, Mike Adam, pointed to the on-going work of this policy area and in particular the goal to have international gender policy apply to Cayman.
“Government is still working towards having the Convention on the Elimination of All Forms of Discrimination extended to the Cayman Islands. The additional human resources dedicated to this area will assist the Ministry in improving our monitoring and evaluating practices, as well as in developing a more formal entity such as an Office of Gender Affairs.”
Bodden worked in the Cabinet Office for almost four years, first as a Research Officer and then as Freedom of Information Policy Analyst, and started in her new gender affairs job last month.
Among Bodden’s duties will be the public educating campaign on the Gender Equality Law as well as providing administrative support to the GET.
A Cornell University graduate of government and history she is currently pursuing a Master of Science in Public Policy and Management at the University of London. “I am very excited to contribute to the work of the Ministry and the Tribunal,” Bodden said. “My first weeks have already provided valuable insight into one of the social development issues our country faces.”
Chief Officer Dorine Whittaker said she was confident that Bodden’s experience in research and policy analysis would be an asset. “Aubrey’s past experience in providing administrative support will also assist the Gender Equality Tribunal function efficiently in its role to help ensure the enjoyment of equal treatment and opportunities for men and women in our society.”
If you (or someone you know) have reasonable grounds to show that you have been discriminated against on the basis of sex, marital status, pregnancy or gender in relation to employment matters, sexual harassment in the workplace, or in the provision of goods, services and facilities, a complaint can be made to the tribunal within six months from the date of the incident. To download a complaint form and to learn more about the Gender Equality Law, please visit www.genderequality.gov.ky.
If there are any questions about filing a complaint with the Tribunal or requests for presentations on the Gender Equality Law, the public is encouraged to contact Bodden at 244-3226 or by e-mail at get@gov.ky.
Local students join in worlds largest assembly
(CNS): Kids from Clifton Hunter high school were part of a unique BBC event last month when they joined in the World's Biggest School Assembly. There are more than one billion children in school around the world and the goal was to give them all a chance to hear, as part of the BBC World Service conversation programme World Have Your Say. Over a 24 hour period, a platform was provided for schools across the globe to have their students’ debate and discuss what really matters to them. In Grand Cayman students from Clifton Hunter cited God, family, education and crime as their key concerns.
Each tutor group then voted to discover its major concern. The concerns went to a forum established to find a universal concern for the school that was shared during the assembly. The year groups found different concerns to address with those in year 7 were concerned about family, friends and people in their lives as well as violence, crime and terrorism, while Year 8 students stressed the importance of family members and their relationship withGod. For Year 9 students crime the changing society and a good education was at the forefront of their minds while year 10 students were concerned about the importance of having family to support them, and the need for racial and gender equality.
Paula Wythe, the ambassador behind the project, was very proud of her school’s participation in this event. “This was a fabulous opportunity for our students to get involved in a form of global citizenship and to make them more aware of issues in society locally and internationally.”
Education minister Rolston Anglin expressed his pride in the school’s participation in the global event. “This was a great opportunity for the Clifton Hunter students and one that allows them to feel empowered! I am pleased that the school was able to participate in this Assembly,” he said.
CIMA regulatory system worked, says IMAC
(CNS Business): In the wake of news that a former manager at a Cayman registered insurance firm is facing some 18 charges in connection with fraud, theft and deception the local Insurance Managers Association has claimed the crime was exposed because of the local regulatory system. David Self is accused of stealing more than US $1million and has been charged with a variety of financial crimes which allegedly led to the collapse of Monkton Insurance. The IMAC said Wednesday that news of the crime was not welcome it illustrated that the regulatory environment had performed in exactly the way it should in bringing the alleged fraud to the attention of the authorities. (Read more on CNS Business)
Sir Thomas Turtleton becomes global celebrity
(CNS): The 600lb adult turtle that was released after more than 30 years in captivity at the Cayman Turtle Farm has become an international celebrity. Sir Thomas Turtleton, who was satellite-tagged and released to mark Queen Elizabeth II’s Diamond Jubilee, was featured in news stories all over the world in the days following his release. The world is now watching as Sir Tom continues on an incredible migration. Once in the ocean, the turtle, which is estimated to be around sixty years old, headed south and is currently close to the border of Nicaragua. Despite being confined to the farm for three decades, Sir Thomas has travelled over 500kms since his release.
"Sir Thomas spent several decades in the wild honing his survival and foraging skills before becoming a breeder at the Cayman Turtle Farm,” Cayman Turtle Farm Chief Research Officer, Dr Walter Mustin said, adding that he expected those skills had remained intact. “Two decades of CTF tagging studies have demonstrated that even farm raised yearlings, raised on artificial feed and then released to the wild, successfully transition to wild diets, grow, migrate, mature, return to Cayman to mate and nest, and survive. Sir Thomas’ present track suggests that his migratory and survival skills are fully functional.”
Cayman Turtle Farm Managing Director Tim Adam explained that turtles spend a lot of time in either their feeding range sometimes called their foraging range or their breeding range where females lay their eggs.
“Those two areas may be spread many hundreds of miles apart,” Adam said. “As we are now in the midst of breeding season for Green Sea turtles, it is possible that Sir Thomas Turtleton has chosen this area of the Caribbean around Central America as his breeding range. Another interesting observation on his track is that for just about all of his migration path he was swimming perpendicular to the main sea currents, so that may have been a factor in his choice of initial destination.”
As of Wednesday morning the 600-plus pound male Green Sea Turtle was just off the coast of Honduras above the Nicaraguan border. Sir Thomas Turtleton began his southbound migration from Grand Cayman at around 11:00am EST on 3rd June.
His movements are being monitored as part of the Cayman Turtle Farm’s “Tag and Track” release programme, which was inaugurated earlier this year with the release of “Jerry” – the Cayman Turtle Farm’s first satellite-tracked turtle.
Sir Thomas Turtleton was originally caught near Suriname, South America, in the 1970s which may be where he is heading. The team at the Cayman Turtle Farm will use the data sent by the turtle tracker as signs that he has successfully survived the re-introduction to the wild, and scientists, both at the Farm and in other research organisations around the world, can view and assess the turtle's migration path.
Updates on Sir Thomas Turtleton’s progress will also be regularly posted on the Cayman Turtle Farm Facebook page, at www.facebook.com/caymanturtle or his migration or can be followed on the Sea Turtle website
Scott finally gets top tourism job
(CNS Business): After acting in the post form more than four years Shomari Scott has finally been appointed as the Director of Tourism. Officials said he was appointed to the post after succeeding in the interview process at the end of May and started officially on 1 June. As a marketing expert, Scott has been credited with improving the stay-over tourism figures with innovative promotions of the Cayman Islands overseas. Scott has been working in the tourism sector since he was a teenager when he began working in his college holidays in the sector and realized he wanted to put his marketing skills to use in the industry. Read more on CNS business