Archive for December, 2012
Taylor refutes Bush’s claim
(CNS): Cayman Islands Governor Duncan Taylor has refuted allegations thrown at him that the premier’s arrest on Tuesday was nothing more than a vindictive witch hunt fuelled by the petty jealousies of the UK’s representative and political opponents. Speaking in Jamaica last night, McKeeva Bush came out fighting and pointed the finger firmly at Taylor. However, the governor’s office flatly denied the accusations. Meanwhile, in the wake of Bush’s denials of any wrongdoing and his insistence that he would remain premier, his party colleagues are understood to be holding closed door meetings while he remains in Jamaica.
The governor’s office stated Friday that Duncan Taylor had taken note of the comments made by the premier on Thursday evening, in particular that the investigation was politically vindictive, but said there was absolutely no foundation to the allegation. The office said that it would not be making any further comment regarding the accusations and the now broken relationship between the UK and the premier.
Bush has issued a statement that he intends to stay in office and will not resign; however, more than 24 hours later, not one of his party colleagues has come out to publicly support that position.
The opposition leader said Thursday that he would deliver a letter to the speaker of the House regarding a special meeting of the LA in order to press the UDP members to either publicly state their support for Bush or oust him from office in a no confidence debate.
The party’s silence in the face of their leader’s defiance and its failure to comment since Bush’s arrest on Tuesday indicates that the premier may no longer have the complete backing of all his caucus colleagues.
While his Cabinet and back-bench colleagues had supported him during the revelations about the police investigation into the infamous Stan Thomas letter, other financial irregularities and his part in the importation of a consignment of explosives without the necessary permits, the reality of his arrest appears to have shaken that support.
The premier, who is expected to return home this evening on the Cayman Airways flight from Jamaica, was hoping for a warm welcome from the public as supporters were organising a crowd to cheer Bush on. However, while Bush may retain considerable popular support, he may return to find he no longer holds the support of his party colleagues in whose hands his position currently lies.
Israel’s foreign minister resigns following charges
(BBC): Israeli Foreign Minister Avigdor Lieberman has resigned after being charged with breach of trust following a long-running investigation. Lieberman has also resigned as deputy prime minister, and said he would fight to clear his name of the charges. The case against him relates to a financial scandal dating back more than a decade. His resignation comes five weeks before Israel's general election."Though I know I committed no crime… I have decided to resign my post as foreign minister and deputy prime minister," Mr Lieberman said in a statement released by his office. He also said he would waive his parliamentary immunity in order to settle the charges quickly, according to Reuters.
Mr Lieberman is the leader of Yisrael Beitenu, the second largest party in Prime Minister Benjamin Netanyahu's Likud-led coalition government.
The two parties were due to run together in January's general election, with polls suggesting they were on course to win.
BT coalition calls for investigation into dump deal
(CNS): Following the arrest of the premier this week as a result of a number of criminal investigations, the Coalition to Keep BT Dump Free has called on the authorities to also examine the deal between government and Dart that involves the relocation of Grand Cayman’s landfill. Charles Clifford, a former tourism minister and MLA for Bodden Town, alongwith other coalition leaders said the agreement has been cloaked in secrecy, and invites serious suspicion of abuse of office, conflicts of interest and disregard for the law. The group also said the Dart dump deal makes a mockery of the recently adopted Framework for Fiscal Responsibility (FFR).
“The so-called ‘ForCayman Investment Alliance’ (FCIA) agreement raises serious questions of possible wrongdoing. It must be suspended immediately, investigated and exposed in order for Cayman to prove to the world that it’s indeed committed to transparency, due process, good governance and the rule of law,” Clifford said.
Pointing to the Central Tender Committee’s rejection of the Dart proposal to move the dump and its approval of a bid to deal with the George Town landfill on site with waste-to-energy, coalition leader Alain Biener believes that that with the recent amendments to the Public Management and Finance Law and the adoption of the FFR, the deal may be illegal.
“Aside from the need for all major public projects to be fairly bid upon, valuable Crown land is being ‘swapped’ as part of the FCIA deal, with no open tendering process to determine its value. These are substantial assets which belong to the people, and they’re being left to Premier Bush to give away,” he said.
Clifford said there had been an abuse of office with government’s “muzzling” of its own Environmental Advisory Board, which had recommended that it be mandated to identify the best waste management solution for Grand Cayman, and that an open and independent site selection process be conducted. But, instead, it has been limited to reviewing only the Dart proposal.
In addition, Cardno Entrix, the consulting firm charged with carrying out the EIA was also involved in defining the TORs, despite being the entity that will undertake the study. The firm is also being paid by Dart and not government, which coalition leader Gregg Anderson described as “a blatant conflict of interest”, stating that no one should seriously expect an honest, reliable and independent assessment.
The coalition still stands by their point that no government entity has ever made the decision that the GT dump must be closed and moved and that there has never been an independent site selection process
“Moving the dump instead of fixing the problem where it is may be in the interests of a private developer, but clearly not in the interests of Caymanians,” Anderson added.
Cops report over 50 smashes in 11 days
(CNS): The local police have revealed that there were some 54 road crashes in Cayman over an eleven day period in the middle of the RCIPS’ festive season road campaign. In the regular update on the 'Stay Alive' road safety drive, police said they were disappointed that motorists continued to ignore police warnings and the important safety issues associated with offences such as drinking and driving, speeding, cell-phone use, dangerous driving and disqualified driving. Keeping the roads safe is quite clearly not a priority for many drivers on Cayman’s roads, the police said as they counted up the ticket and arrest toll.
Twenty-one people were arrested between 30 November and 11 December. Twelve of those arrests were for DUI and the remaining nine for dangerous driving, disqualified driving, leaving the scene of accidents, no licence and no insurance. Another 49 people were ticketed for speeding, 20 for cell-phone use and 57 for not wearing seatbelts. More than 120 other traffic offences were uncovered and ticketed, while 54 drivers ploughed into each other or street furniture.
“It’s disappointing that so many people continue to ignore our advice,” said Superintendent Adrian Seales. “Too many families have already lost loved ones on our roads, and we all need to play our part to make our roads much safer. We are not going to let up on our enforcement activity and my advice to everyone is to use taxis, busses and designated drivers to make sure you get home from your celebrations in one piece.”
He warned drivers to stop and think about the implications a death, serious injury or loss of income could have on their families. “If you don’t stop and think for yourself, think of your wife, your husband and your children and how they would survive without you, or if you lost your job as a result of a driving ban.”
The Royal Cayman Islands Police Service said that road safety is a 365 day a year priority for them but the focused festive public education drive 'Stay Alive' will run until Friday 4 January next year.
Cruise visitors hold tax demo at Ugland House
(CNS Business): Around fifty visiting cruise ship passengers caused something ofa stir in George Town Thursday afternoon with a demonstration outside Ugland House the home of legal offshore specialists Maples and Calder. The protesters were traveling with the US based magazine The Nation on a special cruise and social justice group CODEPINK took the opportunity to highlight what is seen as the injustice of large companies being able to avoid paying their fair share of taxes in the country’s they are headquartered because of the use of tax shelters. Tighe Barry a film and TV producer and a member of the demonstration (left) said the target of the protest was the American government and not Cayman as he said he was well aware it is a tax free jurisdiction. Read more and comment on CNS Business
Cayman Finance stresses industry independence
(CNS Business): In the wake of the premier’s arrest this week in connection a number of investigations, including financial irregularities the body representing the Cayman Islands financial industry has stressed the independence of the sector andits regulators from the government. Distancing the offshore business from the political arm of the government Cayman Finance said it had taken steps to ensure the interest of Cayman’s financial services industry was well represented and that the body had been dealing with international media enquiries. It added that any change of leadership would not affect the workings of the administrative part of government or the regulator. Read more and comment on CNS Business
Governor is enemy, says Mac
(CNS): The premier pointed the finger at the Cayman Islands governor, Thursday night, as the reason for his arrest, according to media reports from Jamaica. In the wake of his Commencement Address at the UCC in the nation’s capital, Kingston, McKeeva Bush said that Duncan Taylor, was his "enemy" and implied that his arrest this week was orchestrated by the UK governor along with other political foes. "We are a British overseas territory and as such it is run by the governor and the commissioner of police. And so I can't miss that it is nothing but a political, very vindictive political witch hunt," Bush told reporters.
According to a video of a press briefing posted on The Gleaner, Bush said he wanted to reveal the "whole story" behind his arrest but his lawyers advised him not to speak specifically about the allegations. However, a defiant Bush said he was confident of vindication in the coming months.
"I would just say that I have done nothing wrong," he said. "I have made a lot of friends and I have made a lot of enemies. There are a lot of jealous people in a very small island."
There was no sign of Bush’s famous catch phrase regarding his clean hands and pure heart but the premier showed his fighting side while in the neighbouring country. Bush said he believed the investigation was a plot by political enemies trying to weaken him and smear his reputation. Speaking more freely than in his statement to the Cayman media before he left for Jamaica, Bush gave an indication of what the public at home can expect in the coming weeks when he will be forced to fight for his political future.
Having shrugged off the allegations and declared that he will not resign, Bush headed to Jamaica Thursday morning. Although he did not receive the promised honorary doctorate at the University College of the Caribbean he nevertheless delivered an address in which he told the students to always play by the rules and tell the truth.
"A reputation takes a lifetime to build and a moment to dismantle," said Bush, who reportedly only made only a few passing references to his arrest during the presentation, which was entitled “Integrity: the Language of Leadership”.
Since his declaration yesterday that he would not be stepping down as premier, there has been no comment from any member of the UDP Cabinet, backbench or wider party membership. The only exception being a call from the entourage that has reportedly accompanied the premier to Jamaica for the people of Cayman to come to Owen Roberts International Airport on Friday evening when he returns to show their support.
Bush talked on ‘integrity’
(CNS): The University College of the Caribbean confirmed Thursday afternoon that the Cayman Islands premier was delivering the commencement address that evening at the institution’s graduation ceremony but would not be receiving the honorary doctorate.The college said that McKeeva Bush had been rescheduled to speak, but despite reports in the Jamaican media that he was to get the special degree, the UCC said that was not the case. Bush, who is currently on police bail following his arrest on Tuesday and two days of questioning by the RCIPS in connection with an on-going corruption investigation, spoke on the theme "Integrity: the Language of Leadership".
The embattled premier, who, despite mounting pressure, has categorically stated that he has done nothing wrong and will not resign as premier, left Cayman early this morning on a Cayman Airways flight to Jamaica. Soon after his departure his office released a short statement in which Bush professed his innocence and said he was intending to honour his commitment to UCC.
“My fellow Caymanians and residents, as you are aware, I was scheduled to travel to Jamaica on Wednesday 12th Decemeber for the conferral of an honorary doctorate upon myself and to give the commencement address to the student body at the University College of the Caribbean. I feel obligated to honor this commitment and have decided to attend. I will be returning to the island this Friday,” Bush stated.
In a statement delivered in the wake of Bush’s announcement that he would not be resigning from office, the opposition leader said he was treating the matter of his arrest with utter impunity and was determined to return to business as usual, pointing to Bush’s decision to still go to Jamaica and speak about integrity, despite his circumstances.
The premier was arrested at his home in West Bay on Tuesday in connection with on-going police investigations that relate to the misuse of a government credit card as well as the premier’s connection to a consignment of explosives imported by local firm Midland Acres without the necessary permits.
Suresh Prasad, the MD of that firm who has already been convicted of four counts in Summary Court relating to the importation, was also re-arrested this week and questioned by police.
The premier is suspected of theft, breach of trust, abuse of office and conflict of interest, and although released from custody yesterday afternoon, he has been bailed by police to return for further questioning in February. In the meantime, the police have confirmed that the investigations continue both here and overseas.
At the time of Bush’s arrest the authorities also seized computers, books and other related items from his home and office.
PPM:Premier must step down
(CNS): The opposition leader has said it is untenable for the premier to remain in office and called on the UDP to oust him from the top government job. Alden McLaughlin said that if they do not take steps to remove McKeeva Bush by 3pm Friday, the opposition would call for a special meeting of the Legislative Assembly to hold a 'no confidence' debate, giving every member the chance to declare where they stand on the issue. He said Bush could not possibly continue as premier or a cabinet member while on police bail and suspected of committing serious crimes, including theft. His sentiments were echoed bythe North Side MLA, who said the country needed to know if the UDP supported the premier in his intention to remain in office.
In a statement from the PPM, which followed a short release from the premier’s office Thursday that he was remaining as premier, McLaughlin pointed to the problems Bush now faces, given his arrest Tuesday, and the continued cloud of suspicion over his head by staying in the job.
“It is untenable that the premier of the Cayman Islands should have to obtain the permission of the police every time he is required to travel overseas to conduct the country’s business,” McLaughlin said. “It is untenable that for the foreseeable future business people will have to explain to any foreign investor or person doing business in Cayman how it is that the Premier of the Cayman Islands continues in office after having been arrested and bailed on suspicion of having committed serious criminal offences.”
The opposition leader said Bush could only continue as premier and a minister of the Cabinet with the support of his colleagues.
Speaking to CNS on Thursday, Independent MLA Ezzard Miller also pointed out that, while the premier had said he was staying put, no one had heard from the UDP and it was up to them whether he actually did or not. Miller questioned why the country had not heard from them and wondered if cracks were appearing in the, until now, steadfast loyalty among his government colleagues.
“We need to hear from them how they can justify supporting him in office and if they do not support him, in the interests of the country, I suggest they need to remove him at once,” he said.
The opposition leader said the Cabinet and the government back-bench could not remain quiet and hope that this blows over.
“It is not going to blow over and arguments about 'innocent until proven guilty' are not relevant. We are not prejudging the guilt or innocence of Mr Bush. That is a matter for a court of law, should he eventually be charged and prosecuted,” the PPM leader stated.
He added that the issues were the degree of reputational damage being done to government and Cayman by Bush continuing as premier and the potential for the investigations to be unduly influenced by the mere fact that the subject occupies such a high office.
“It matters not whether the potential for undue influence is real or perceived for even the perception is damaging to the application of justice,” the PPM leader stated, adding that it was also certain that Bush would be distracted by the fact that he is being investigated for such serious criminal offences.
He called on all of the UDP Cabinet members and back benchers to take the necessary steps to remove Bush and appoint another of their number as premier.
“If they do not do so by 3pm tomorrow, I intend to immediately petition the speaker of the House to call a special meeting of the Legislative Assembly early next week to consider the recent arrest of the premier and his suitability to continue as premier as a matter of urgent national importance. Should the speaker decline to exercise her discretion to call a Special Meeting, I shall endeavour to obtain the signatures of at least seven members of the House to compel the speaker to do so."
Although Miller confirmed that he would give his support to the opposition leader, he said it was conditional.
"If there was to be another Lack of Confidence motion filed," he said, "it would need to have a secret ballot, otherwise it will not work as the opposition needs the support of the government back benchers to oust the front bench and, in turn, the premier, which is an unlikely scenario without anonymity,” he said.
Secondly, Miller said, there had to be a request added to the motion that, should it fail, the governor use his reserve powers to prorogue parliament andcall an election for eight weeks after the debate and let the country decide who should lead Cayman.
In an effort to sway the UDP members, the opposition leader said in his statement that the current situation could not be about what is in the best interest of Bush or the UDP government, but the best interest of the reputation and image of the Cayman Islands. McLaughlin also put out a wider plea to the community and public at large to also demand that Bush return to the backbenches until the election.
“We shall therefore be turning to civil society and all right thinking residents of these Islands for support in taking the first steps to restore pride, trust and confidence in our government,” McLaughlin said.
Although there have been various statements from the country’s industry and professional bodies and although there is very serious concerns about what the premier’s arrest could do to Cayman, all except the politicians have stopped short of actually calling for the premier’s resignation publicly.
Guilty until proven innocent
The arrest of Cayman’s premier by officers from the Financial Crimes Unit of the Royal Cayman Islands Police Service, his detainment, questioning and subsequent release on bail without being charged has provided reasons for those who defend the ancient tenet of criminal law that a person is innocent until proven guilty to further suggest to that we should discontinue discussing this aspect of our politics.
In any case, this legal tenet seems to be a misnomer, and according to the US Supreme Court, the presumption of the innocence of a criminal defendant is best described as an assumption of innocence that is indulged in the absence of the contrary evidence. This is indulged within the court not equally within other instructions of society because the reality to most people is that no defendant would face arrest unless somebody – the crime victim, the prosecutor, a police officer – believes that the defendant was guilty of a crime.
After many months of investigations by the police into the conduct of the premier, the police are satisfied that there is sufficient evidence of wrongdoing for them to have arrested the premier in yet another step in the collation of the evidence required by a rational court as proof of his guilt. The goal of the police has been and is to gain more compelling evidence of the premier’s guilt, not his innocence.
We may reasonably assume that the longer the period of investigation the more probable are the chances of his being charged, and if charged, convicted of some offence. The fact that a person is presumed to be innocent until proven guilty should not impede the investigatory process in its search for evidence to prove guilt and it should not prevent those dissatisfied with the premier’s performance from continuing to compile additional grounds for his dismissal from office.
The tenet innocent until proven guilty was never intended to impede freedom of speech or political criticism and judgement of those empowered with the trust of the public. What is for certain is that a simple accusation by someone that another citizen has committed a crime begins a process of depriving the accused citizen of rights which he would not have been deprived of had he not been accused of having committed a breach of society’s rules.
If a citizen is accused by another citizen of having committed the crime or theft, rape, murder or any of these serious crimes, the police may use their power and judgement to deprive the accused of his freedom with the presumption that the person will be proven guilty by the courts. Therefore, we may like to believe that a person is innocent until proven quality but this principle of our jurisprudence does not protect an individual against arrest and imprisonment, nor from the moral and political outrage of the society.