Explosive import fine $1300
(CNS): Midland Acres was fined $1,300 by a magistrate Wednesday following the guilty plea by the firm’s MD to four counts of importing explosive materials without the correct permits. Having taken what his lawyer said was a “commercial approach” to the charges, Suresh Prasad chose not to fight the case, having entered into talks with the crown about the blasting materials and secured the return of the explosive cargo to a local licensed company in partnership with his firm. Prasad admitted that the company had erred in its efforts to hasten the production of a significant quantity of marl for the first major contract Midland Acres had secured with the Dart Group.
The court found that this was a regulatory error and accepted the defence lawyer’s case that there was “no sinister motive” and that the explosive materials had been imported for a legitimate purpose but an important step in the process, put in place by the authorities not as a revenue raising measure but for issues of public safety, had been omitted.
Magistrate Valdis Foldats said that Midland Acres was a reputable firm that had been transparent about the importation of the materials, had paid the necessary duty, had not deliberately attempted to evade the law and had cooperated with the authorities from the start. However, he pointed out that explosives are inherently dangerous and as such the law and regulations concerning the importation of such materials were there to protect the public. He said anyone dealing with explosives should ensure they do so properly.
The magistrate pointed out that the maximum fine was only $1,000 for each count and that was for the worst offence. He said the case before him could not be considered as such, coupled with the guilty plea by company’s managing director, so for three of the counts he was handing down a fine of $300 and for one $400, totalling a maximum of $1,300.
The blasting caps andsome of the explosive materials which had been seized by the authorities were ordered released to Precision Drilling and Blasting Services Ltd, a licensed local company that deals with and stores explosives. However, the shipment of one chemical emulsion which Precision said they were not able to store was forfeited to the crown.
Midland Acres’ attorney told the court that the firm would pay for the re-export of the emulsion back to the United States as the NRA had expressed concerns about the costs and environmental risks associated with attempting to destroy it here in Cayman.
The crown also revealed that the four counts which were laid against Prasad in person would not be pursued following the guilty pleas he had entered on behalf of the firm but would be left on file.
During Wednesday’s hearing the court was told how it was that the firm had come to import the goods without the correct permit. It was revealed that while Midland Acres normally used the services of Precision to import, store and use the explosives to remove marl, when the firm had secured the new contract with the Dart group it had sought ways to speed up the process and find new materials that could blast deeper. Having entered into discussions with the US based firm, Florex Explosives, to try a different combination of blasting materials, Precision Drilling had told Midland acres that, while they were willing to store and use the new materials, they were not prepared to take on the financial risk.
As a result, the court heard, Midland Acres simply went ahead and paid for the goods and imported them without checking the requirements. It was not until a representative of the firm went to customs to sign for the goods when they arrived on island in February that they were informed that the goods requireda permit from the NRA.
The firm applied for the permit but the NRA refused it as the application was after the fact. Despite Prasad’s efforts to enlist the help of Precision Drilling, the NRA was unable to release the goods to that company as it was not the importer of the more than 1,000 blasting caps and thousands of pounds of explosive chemicals and materials.
During the explanation of the facts neither the crown prosecuting attorney, Candia James, nor defence counsel for Midland Acres, George Keightley, mentioned the fact that Prasad had also attempted to enlist the assistance of Premier Mckeeva Bush to have the explosives released.
However, the MD had written to Bush in March explaining that the goods had been seized and asking for his help. The premier had then emailed the collector of customs and copied the director of the NRA with a short memo requesting that the materials be released. As a result, the then director of the NRA, who has since been fired, reported the situation to the police.
According to Police Commissioner David Baines, the premier’s efforts to have the explosives released despite the contravention of the law forms part of a third investigation the RCIPS is currently conducting into the premier. The first is into a land deal that Bush was involved in with developer Stan Thomas in 2004 and the second has merely been described as other “financial irregularities.”
See related articles:
Forfeiture becomes focus in explosives case
Category: Crime
Cayman must be the only jurisdiction in the world where ignorance of the law qualifies as an excuse (well, for certain people anyway). We really are just another corrupt banana republic. One man's life has been turned upside down for upholding the law and another has been rewarded for breaking it. Lord, give us the courage and strength to stand up and fight in the face of injustice !
The problems how many times has this been done for others?????????? Some political people are sure quiet about this matter aren't they.
This is a sad indictment of what our Cayman Islands have become.
Someone who upholds the law “not as a revenue raising measure but for issues of public safety” pays the ultimate price of his livelihood; someone who is clearly ignorant of the law relating to an industry is able to operate as the “Managing Director” of a company in that industry, receives a $1,300 fine for his ignorance but keeps the benefit of a major job that “the Alliance” has awarded him. If this doesn’t make you sick at your stomach, then I don’t know what will.
But Brian’s a good man, a smart man, a hardworking man, a man of integrity – he will survive.
As a community, we have to hold the members of the National Roads Authority Board – Colford Scott, Chairman; Troy Whittaker, Deputy Chairman, Directors Darrell Rankine, Michael Meghoo, Pearlina McGaw-Lumsden, Levonne Ryan, Steve McField and Elsie M Kynes responsible for the act against Brian. And we must hold the Hon. McKeeva Bush, the Hon. Julianna O’Connor-Connolly, the Hon. Mark Scotland, the Hon. Rolston Anglin, the Hon. Mike Adam, MLA Cline Glidden, MLA Capt. Eugene Ebanks and MLA Dwayne Seymour responsible for condoning, if not dictating, that act. They should all be ashamed of themselves.
But most importantly, as a community we have to ensure that this action is never repeated. If we fail to do so, how can we expect those in whom we entrust our safety to not have second thoughts about their livelihoods and the well-being of their families when they should be thinking only of our protection?
What is sad when many many others who came forward in similar circumstances and were destroyed and ostracized ,isolated and singled out for horrfic mistreatment by certain powers who now are condemning and criticizing others wreaks of hypocrisy.
Who ya talking bout?
As I understand it Michael Meghoo and Elsie M Kynes were only appointed to the NRA Board on 1 July and would not therefore have participated in the decision to fire Mr. Tomlinson. Barry Martinez was resigned or was removed from the Board effective on 1 July.
Don't leave out Foolio!
It is troubling to think that Cayman is basically lawless, because we are afraid or unwilling to apply the laws of the country and will not prosecute corruption, which includes, influence, using one's position for personal gain, buying votes, bribery for votes and support, and a total lack of ethics and principles in public life. The sad reality is that our failures and complacency as a nation in this regard by not appying our laws and cleaning up corruption, will be to the detriment and demise of our country and our culture as we once knew it.
I disagree. I think it’s the country and culture as it’s always been
Have you always been here or is that prejudice speaking?
I can't but notice that a lot of commentators make reference to washing machines and refrigerators as though the reference was general knowledge. If that is the case why have the powers concerned turned a blind eye to this blatant vote buying?
I have been hearing these stories (and I am sure there is some truth in them) for over twenty years now……obviously this is acceptable behaviour by potential ministers!
Hey, they were handing voting reminder cards on election day with many eyewitnesses and nothing came of the investigation.
Because they never prosecute anything here. It’s not their culture. We expats just think they should. That’s our culture.
This Caymanian thinks they should too….but of course many are afraid to speak up. Look what happened to the guy that did stand up, he was fired. If this is the only place you can legally reside, then pissing people off is dangerous.
What a disgusting, impertinent, prejudiced comment. 'Caymanian culture = corruption but expat culture = ethical behaviour'. You are not in a position to speak on behalf of Caymanian culture or the culture of all expats (many of whom are themselves involved in corruption.
Because the powers as you callthem are the providers
Its a lot more than $1300 that's the news here. Who are the shareholders and directors of Midland Acres? XXXX
So why hasn't it come out which people actually own Midland Acres then? You would not be in the least bit surprised I can assure you.
So why don't you enlighten us with this information as it seems you have the answers to your own questions and we are interested in knowing.
CNS: We are interested in knowing, yes, but it would only be published with documented proof.
If it is not an exempt company just get a copy of the register. If it is an exempt company why is it doing so much business here?
What if it is a local company the shares of which are owned by another company located in another jurisdiction the shares of which are held by an individual on trust for SOMEONE else located in this jurisdiction? Would the name of the ultimate beneficial owner appear on the register?
Then it would not have 60% Caymanian ownership . . .
Huh? Wouldn't that depend on whether the individuals concerned are Caymanian?
Also, FYI, one can have an LCCL licence in which case there need not be 60% Caymanian ownership.
An exemp company cannot do business in the Cayman Island!! Midland would have to be a resident local company!!!
I kniow one local Lawyer who wishes this would all go away – and quickly. Anyone up for a trip to BVI?
He wasn't fired – his contract was not renewed. BIG DIFFERENCE!
He was fired. His contract would not have expired until the end of this year.
http://centos6-httpd22-php56-mysql55.installer.magneticone.com/o_belozerov/31115drupal622/politics/2012/07/09/government-road-boss-fired
Or, in other words, technically he wasn't fired, but in reality, we all know why the contract wasn't renewed, which near enough bores down to being fired anyway.
You are right. It was decided to not renew his contract that finished at the end of the year. So he was given a day to clean out his desk and paid out the final 6 months of his contract.
It must be so inconvenient for a dictator to have someone apply the laws of the country.
If he was technically "fired" as you put it 10:51, how would that look in the inrternational media that the Minister of Finance for the Cayman Islands (who also acts as Premier of th Cayman Islands)???
Its called damage control Foolio, a concept completely foreign to the UDP adminsitration.
His contract was not renewed because he followed instructions from the Acting Governor which were contrary to the wishes of the Premier and his Ministers. So where is the Governor to help now? We wonder who owns Midland Acres – who owns the company in BVI that owns Midland Acres? I wish people would stop badmouthing CNS and Rooster because they are the only ones that gets on top of what is happening. When a visitor came into Cayman with one bullet by mistake he spent the weekend in jail and was tried and fined the next week. So much explosives and such a trivial punishment.
Thank you Mitzi for speaking up…if if the powers don't consider that what happened to Brian is the most blatant and corrupt injustice, then we're all doomed.
Three wordscome to mind.."wrongful dismissal suit", there are many who would contribute to your fighting fund.
Well now that it's over can we move on? Great! No big conspiracy here. 🙂
All the noise for $1300
You can tell its getting near election.
Could not agree more. Illegal importation of explosives into Cayman is such an everyday occurence that it is very far from newsworthy. Shame on CNS for making such a song and dance about this "not news" story purely because "Forever Hon P" was looking out for the interests of Cayman.
My interest, your interest, our interest, his interest, whose interest, or their interest.
What a laugh, if it wasn't so glaring or serious for that matter.
So the big Dart contract is bagged by Midland Acres whose head Persad is a known business partner of the premier from the Britannia ( 'Cambridge' does business from thatproperty) and Trutle farm consulting days. These are known facts. Now the Dart 'for cayman alliance' deal of which the Premier is the chief 'facilitator' steps in to release dynamite for his known business associate Persad. How is that not collusion/ corruption/ conflict of interst?
XXXXX
We live in the Cayman islands where those words do not exist with Government officals.
Why was the Director of the NRA fired? (not sure if I missed any earlier reports outlining this)
Why was the letter omitted from the prosecution's arguments? Why did the crown make this choice? XXXXX In my mind, that memo does represent a deliberate attempt to overthrow a decision made by the Authority.
This situation with Mr. Bush, well, this one out of many, is comparable to that of Vaz in Jamaica. He made moves to circumvent the law via the power of his office. XXXXX
So, I ask you Mr. Bush, why are you still in office?
I is still in office because my people needs their stoves and fridges.
Fridges and stoves soon come, Sweetie.
The BIG question? Any other country around the world , he would have to step down.