Archive for January 31st, 2013
Cops taser first suspect
(CNS): Just four days after rolling out their new piece of equipment, officers from the RCIPS have tasered their first suspect. Police reportedly used the stun-gun on a suspected burglar who had escaped from police custody in Bodden Town last week after his arrest. Police have confirmed that the first use of the taser, which sends a 50,000 volt shock through wires and probes fired at a victim, was used on 44-year-old Jeff Pandohie. Police said Pandohie was armed with a large knife when an officer from the Uniform Support Group fired the taser at him near to Manse Road in Bodden Town at around 2:30pm on Thursday when he refused to put down the weapon and ran towards unarmed officers.
Pandohie was re-arrested after he was immobilized by the taser this afternoon and police said that enquiries into how he escaped in the first place are on-going.
Describing the first use of the new weapon by the police, an RCIPS spokesperson said that shortly after 2:30pm this afternoon officers from Bodden Town, the Uniform Support Group and the RCIPS K9 Unit were involved in extensive searches for Pandohie. The USG and K9 officers were on Bodden Town beach, near to Manse Road, when they were confronted by the suspect, who emerged from a bush area armed with a large knife.
“Pandohie refused to comply with officers’ instructions to put down his weapon. He then ran, still armed with the knife, towards unarmed officers. As a result, an officer from the USG, who was armed with both his conventional firearm and Taser, discharged the Taser at the suspect bringing him immediately to the ground,” the spokesperson stated.
Officers quickly subdued the suspect, disarmed him, removed the probes and administered first aid. The new police tasers are all fitted with taser-cam and the whole event will have been filmed. As a result, the agreed post-incident investigative protocols for the use of Taser have now been implemented and a report on the incident is being compiled.
The Bodden Town resident is suspected by police of a burglary in the Savannah area on 11 January and he was arrested in connection with that crime on 21 January. He escaped while being processed at the district station and since then the officers have been engaged in “concerted efforts” to track him down.
See related story: Cops armed with tasers
OT minister to support same sex marriage in UK
(CNS): The UK’s Foreign and Commonwealth Office minister for the overseas territories will be voting in the British parliament in favour of same sex marriage next week. Mark Simmonds, who is the MP for Boston and Skegness in Lincolnshire, told a newspaper in his constituency that he would support the notion of allowing same-sex couples to marry in the forthcoming parliamentary debate. “This is one of the most difficult decisions that I have had to make throughout my time as an MP,” the Conservative MP told The Boston Standard. “It is undoubtedly a complex issue which challenges ideas about traditional marriage."
He said, “I am reassured that no church will be obligated to offer equal marriage to same sex couples, and the legislation will explicitly state that it will not be lawful for the Church of England to marry same-sex couples. I have thought about this issue long and hard and, on balance, have decided to take the progressive option. I will therefore be voting for the implementation of these proposals,” he added.
The UK government’s Marriage (Same Sex Couples) Bill for England and Wales was introduced in the House of Commons last week and the full debate by MPs and then vote on the proposals will take place on Tuesday. It has caused controversy among MPs, religious organisations and campaign groups, with only half of Tory MPs expected to vote in its favour.
The bill will not force religious organisations, including the Church of England and Church in Wales, to perform same-sex marriages, avoiding discrimination claims against religious institutions or the clergy for refusing to marry gay couples. Opponents say the bill will ‘redefine’ the meaning of marriage and instead favour civil partnerships.
Rays to get lawful protection
(CNS): The new government is proposing to make a minor amendment to the Marine Conservation Law in order to make it illegal to take stingrays, manta rays and eagle rays from anywhere in Cayman. Ahead of plans for a major overhaul of the law to expand local marine parks, the environment minister has announced an interim amendment that he hopes will be passed through the Legislative Assembly at the next meeting. This will extend the protection of rays from the wildlife interaction zone at the Sandbar to all Cayman waters. Meanwhile, the Department of Environment is racing to pull together proposals that aim to protect much more of Cayman's marine life in enhanced marine park zones.
The promised amendment regarding the rays comes in the wake of significantpublic outcry over a number of rays that are being held at a captive dolphin facility in West Bay.
Although the Department of Environment (DoE) was able to recover several stingrays, which were found to have been tagged, from Dolphin Discovery and return them to Stingray City, the facility has refused to return the remaining rays which were not tagged. With no law in place to protect any rays, the DoE was unable to compel their return to the sea. DoE Director Gina Ebanks-Petrie welcomed the move and said it should prevent what happened at Dolphin Discovery happening again.
Nevertheless, the fate of the rays currently held at the facility, once the amendment to the law is made, is unclear.
Speaking at the government a press briefing on Thursday, Environment Minister Mark Scotland revealed that a simple amendment was being drawn up to add the rays to the protected species already in the marine conservation law, which would be put before members of the LA. However, Scotland said he was not sure what would happen to the rays currently being held but noted that the law would make it illegal to hold them in captivity. He said the amendment was needed to protect this species as their numbers had been declining in recent years.
While there has been a fall in the numbers at the Sandbar, as a species stingrays are far from being the most at risk marine animals in Cayman and the DoE is currently working on plans for expanded marine conservation parks designed to protect not just the myriad species currently at risk in local waters but the critical marine habit that supports them.
This, however, is proving to be a much bigger battle for the DoE team, which recently revealed that, following wide consultation, in which the majority of people supported the proposed enhancement of the parks, staff are now working to produce new park proposals to put before Cabinet to cover all marine conservation in Cayman for the next 25 years.
At a press briefing last week the DoE gave an update on the current situation regarding the results of the public consultation. Ebanks-Petrie explained that all of the comments and submissions from the public regarding the proposals set out by the DoE are currently being assessed and some modifications were being considered to the original plans, which would strike the balance between the scientific case for enhancement and the need to accommodate local fishing.
John Turner, from Bangor University’s School of Ocean Sciences, explained that the original proposals were based on very strong scientific evidence and fieldwork research over the last three years but he was one of the people now tasked with combining the science with the public views to reach a sustainable and workable plan for the future of the marine environment.
With that environment under increasing pressure but with a shared belief throughout the community that it needs to be protected through an expansion of the parks system, the DoE team and their overseas scientific supporters are working as quickly as they can to come up with revised proposals. Ebanks-Petrie said she was hopeful that the proposals would be ready early next month.
While there was some vocal opposition to the specific boundaries that the DoE had suggested for no take zones, she said, there was considerably more support for them. With the exception of West Bay and Cayman Brac, where fishermen have submitted a petition against the new park proposals, in each of the districts a coordinated effort has been made with local MLAs, fishermen and other stakeholders to propose some alternatives to the DoE that could accommodate fishing interests and still extend protections, and all of these were now being considered.
As time is of the essence, the DoE director said she hoped that if she and her team could demonstrate wide public support for the enhancement proposals and the need for more protection, when the review was complete it would be accepted by the minister and in turn Cabinet.
With two-thirds of the people who attended meetings and submitted comments supporting the expansions as proposed by the DoE, the director said she hoped that those supporters would make their views known to their political representatives to help press the need for the enhanced regulation of the local marine environment as soon as possible.
“We hope that the everyone has had the opportunity in some way to engage with us in responding to the proposals,” the director said, as she pointed to the extended consultation that had taken place to garner the necessary public support and strong community acceptance in order to get the much needed enhancements through to law.
However, the minister indicted last week that he expected there to be more consultation once the DoE comes up with revised proposals based on the public feedback so far. This will undoubtedly delay the legislation and the critical increase in protection.
Ebanks-Petrie has been persistent in the message that the enhancement of the parks is not about losing something but about making an investment in the future to retain the ability to fish. With the various pressures currently facing the local marine habitat, from invasive species to global warming, all of which is difficult or impossible to control locally, the need to reduce fishing pressure is ever more important.
DoE Senior Research Officer Croy McCoy explained that protecting some areas of the reef from fishing allows the population to recover and then the areas will become filled with fish again, which will swim into areas where people can fish.
“A stable growing population of fish will spill over into adjacent areas,” he added, noting that this would ensure that traditional fishing and its part in the Caymanian way of life could continue.
In the end, the environmental experts all said there was a need to find a balance between ecological protection and social acceptance.
Cayman residents accused of US ponzi scheme
(CNS): Two residents of Cayman who were allegedly involved in a major real estate Ponzi scheme have been charged by the Securities and Exchange Commission along with three other American defendants. Fred Davis Clark, 54, of Grand Cayman, who was the former president and CEO of Cay Clubs, and his wife Cristal Coleman, 39, who was a manager and sales agent along with Barry Graham, 57, of Marathon, Fla; David W. Schwarz, 56, of Orlando, and Ricky Lynn Stokes, 53, of Fort Myers, have all been charged with defrauding nearly 1,400 investors of more than $300 million. According to the SEC complaint Clark and Schwarz launched Cay Clubs in 2004 the venture eventually entailed a web of more than 100 companies and 150 bank accounts.
The scheme involved a network of hundreds of sales agents, marketing seminars and podcasts to promote the purported opportunities of investing in units at Cay Clubs resorts, the SEC claim, in a report in the Miami Herald.
In classic Ponzi scheme fashion, instead of using the investor funds to develop resort properties and units, the Cay Club executives used new investor funds to pay returns to other investors, the SEC alleges. The agency said executives received “exorbitant salaries and commissions’’ totalling more than $30 million and siphoned off investor funds to buy airplanes and boats.
After Cay Clubs closed, Clark and his wife Coleman moved to the Cayman Islands and funnelled at least $2 million to offshore accounts, according to the SEC – funds the agency now plans to fight to get back in court.
Jeffrey L. Cox, a Boca Raton attorney representing Fred Davis Clark, said: “We intend to vigorously defend these allegations in court.’’
The SEC report said Clark is currently co-chairman of CMZ Group Ltd, a Cayman firm that includes a Caribbean pawn shop network and a spirits business, among other ventures.
Clarification: According to CMZ Group Ltd, Fred Clark is no longer affiliated with the company, having separated from it on 29 January, the day before the SEC complaint was filed (30 January).
Read more here.
Suckoo defends party politics
(CNS): With a backlash against party politics and expectations of significant numbers of independent candidates declaring for the May 2013 General Election, one would-be politician running with a party has said that the resistance to party politics is misplaced and is a result of the last three years in which voters have been shown exactly how not to run a political party. PPM member Al Suckoo said that once the voting public has seen the Progressive’s manifesto and how each party member will play their role in implementing those commitments, they will be ready to accept that a properly run political party is actually good for the country.
“We should not pre-judge all political organizations as power hungry and selfish simply because the UDP has shown us how 'one man rule' and flawed motives can bring economic failures, loss of reputation and loss of confidence in the country,” said Suckoo who is hoping to run with the PPM in Bodden Town. “What we must realize is that there is a right way and a wrong way and if done properly parties are the ideal form of organized politics, but each member must subscribe to the rule of law, respect the constitution and play by the rules.”
He said he was not concerned about the backlash against party politics as the Progressives have recruited a number of younger, educated, experienced people who understand the need for honest, open, consultative and transparent government. “We realize that we are not only contesting the upcoming elections, we are also re-building confidence in the party system. I am confident we will be successful in doing both,” he told CNS.
Suckoo said that the idea parties do not consult was misguided and pointed to the PPM’s constitution, which outlines how policies are developed among members of the parliamentary group and considered by the party executive, who can either accept and approve the policy or require further discussion.
Using the proposed dump move issue as an example, Suckoo said there would be no chance of getting a real solution to waste management if voters do not elect people in Bodden Town who have a common agenda and who have committed to a plan, and who will present their plan prior to the elections.
“Simply hoping that four independents in Bodden Town will work together is not enough,” he said. "The former UDP representatives in Bodden Town have made clear their position to bring a dump to Bodden Town, and the Progressive team in Bodden Town has stated our disagreement with the proposed facility.”
With both sides of the argument already represented by the parties, he said, no one knows what a loose coalition of independents will bring to the table.
“We will not know what they will do until after they are elected,” he warned. “This is not realistic and if we resort to electing people because of what we hope they may do, we might find out the hard way that their collective solutions will not reflect the wishes of the electorate.”
Unity in the party does not signify blind loyalty, he said, explaining that all of the potential PPM candidates challenge Opposition Leader Alden McLaughlin on many issues. The Progressives' policies have undergone significant discussion, debate and even argument prior to that position being made public, he noted.
“Party politics is not for the meek; one has to be prepared to argue strongly for the ideas you propose and to be prepared to accept that consensus is a requirement," he explained. “No one individual should be able to run off and, at will, implement political change and/or policies without having to first convince his or her peers. Once consensus is achieved, all members will then be on board with the most practical and acceptable solutionor position.”
Suckoo said he is convinced that the most efficient and effective way to accomplish a set of objectives and goals is through a well disciplined and functioning organizational structure.
“This is not a new concept. Successful companies achieve their objectives through the division of effort, creation of a hierarchical management structure, consolidation of diverse skills, sharing of knowledge, establishment of a common set of goals, shared policies and principle. I fail to see how a loose coalition of independent thinkers, who are bound to have equally diverse priorities and objectives, can be more effective than a team or organization working together as a unit,” he added.
With party politics being blamed for the country’s ills, especially by the Coalition for Cayman, Suckoo pointed out that the things they want, which is people working together, is exactly what happens in the party structure.
“It gets individuals working together, sets the ground rules, establishes the goals and provides the mechanism for achieving them,” the would-be Bodden Town representative added.
“There are so many other organizations that successfully operate the way parties operate and just about every successful business venture uses the same principles. One has to question if a coalition of Independents will work, not because there are so many differing opinions and viewpoints but because each independent will not be committed to a common goal and will consider his or her agenda to be more important than those of the other 17 members.”
He said his party would "put its cards on the table and state, prior to the voter deciding who to vote for, what its position and policies will be,” while he noted that there were no guarantees from the independent candidates. He said whatever great ideas may be put forward, there was no way to know whether, if elected, they will be in a position to follow through.
“They will be competing with 17 other independents that also have great ideas,” he pointed out. “It is also contrary to the principle of collective responsibility to think that a government can be formed and will function successfully without having a close working relationship and consensus on the priorities prior to becoming a government.”
Suckoo is making his first run for office but he is no stranger to politics, having been heavily involved in the recent OMOV campaign, and he has worked on various committees with several of our present and past politicians, including Roy Bodden and Gilbert McLean on their past campaigns.
Suckoo said he wanted to be part of a group that encouraged participation rather than simply support their policies. He said the PPM’s efforts to improve accountability in politics impressed him and the party has a solid team of candidates who have the passion, experience, knowledge and skills necessary for the job.
“There are no shortcuts with the PPM,” he added. “No substance over process. The party leadership hold themselves to the same standards as everybody else. We are all expected to give the same level of commitment, meet our obligations and deliver on our promises. The party operates like a well-oiled machinery and everyone is acutely aware of the consequences of one component of the machine breaking down.”
With transparency at every level and diversity in the party, he said, the Progressives come from a variety of backgrounds, experiences and educational disciplines. Suckoo said he believes the party will win people over to the benefits of party politics and overcome the suspicions when the PPM hits the campaign trail in earnest.
11th hour plea by gunman
(CNS): A 27-year-old man from George Town admitted possession of an unlicensed firearm Wednesday just ahead of the start of a trial against him and his co-defendant. Roger Moore was due to be tried alongside Osbourne Douglas before a jury in connection with an incident last May but at the last minute pleaded guilty. Moore was found in possession of a loaded handgun when it fell from his trouser leg during a police search after the car he was in was stopped on Seymour Drive in George Town. Meanwhile, the crown elected to press on with the same charge against Douglas, the driver of the car, who was also arrested on the night.
Although the jury heard that no weapon was found on Douglas on the night of the search, later scientific tests connected the 26-year-old George Towner to the weapon.
Moore’s guilty plea was accepted and confirmed by the jury, which had already been impanelled before the trial started. The prosecuting counsel, Kenneth Ferguson, then opened the crown's case against Douglas. He said that the defendant was driving the car on the night the gun was recovered from Moore and that he had attempted to get the weapon when it fell from his friend’s trouser leg. Forensic evidence had later linked Douglas to the small gun, he said.
A jury of three men and four women heard how two uniformed officers on patrol had spotted the car driven by Douglas on Seymour Drive in George Town in the early hours of the morning. In his evidence PC Andrew Morgan said that Douglas had called out to his fellow officer, PC Stanley Clarke, who driving the patrol car, as the suspects' vehicle passed the police in the opposite direction. The cops turned their car around and began to follow Douglas’ vehicle and shortly after pulled the white Honda Civic over.
As they were making their routine checks of the vehicle and the people inside, which included Douglas, Moore and an unnamed female, the officers received information from 911 which led to the men and the car being searched after the armed unit of the police was called to the scene.
Unarmed PC Morgan, who searched Moore, told the court that Moore was resistant to the search, during which the gun fell from the right leg of his pants. As the officer reached for the gun, Douglas had also tried to get the gun by reaching out his foot but only succeeded in stepping on the officer’s hand. Moore than tried to grab the weapon and a tussle ensued between the officer and Moore, who ran off but was apprehended a short time later.
PC Morgan recovered the gun and removed the magazine, making it safe, before handing it to an armed officer from the Uniform Support Group. He admitted that he was not wearing gloves during the search but the priority had been to recover the firearm and make it safe.
Douglas has denied having any knowledge of the weapon and his defence attorney made it clear to the jury during her cross examination of the police officer that her client had been the one to draw attention to the police, had been driving the car at a normal speed when followed, that the car windows were not tinted and that he had offered no resistance to the police when they made the various document checks or when he was searched. She also pointed out the possibilities of cross contamination when Douglas and PC Morgan had come into contact with each other and the gun when it first fell to the ground.
Meanwhile, as Douglas was on trial in Court Two, next door in Court One a 24-year-old man from George Town also faced a jury of five men and two women for the same offence. Marcus Manderson was arrested in Windsor Park after police said he threw an unlicenced weapon in his possession over a wall during a chase in February last year. The weapon turned out to be a modified flare gun.
Both men are currently remanded in custody and the trials are expected to continue into next week.
Bodden Town voters surpass West Bay numbers
(CNS): Confirmed figures from the Cayman Islands Elections Office have revealed that 4,567 people are now registered to vote in Bodden Town, surpassing the 4,237 voters in the district of West Bay for the general election in May. However, both districts will be dwarfed by the number of people now eligible to go to the polls in the capital. According to the latest official figures, after the election registration campaign 7,457 voters will be entitled to cast a ballot in George Town on Election Day. The final figure for registered voters who will be qualified to take part in the national poll on 22 May is 18,556.
The surge in registered voters since the last election is due mostly to a concerted campaign since the July 2012 referendum, when considerable numbers of people in Cayman who wanted to vote when the national ballot on one man, one vote was announced were disenfranchised because they had failed to register in time.
More than 3,200 new voters will be able to go to the polls in May 2013 than were registered to vote in 2009. The latest figures from the Elections Office show that since Cayman voted in May 2009, every district has increased its voter numbers.
The smallest district of North Side has seen an increase in voters from 571 in 2009 to 602 this year and in East End there was a similar small growth from 599 in 2009 to 647.
Meanwhile, voter registration in Cayman Brac and Little Cayman grew from 980 to 1,046. In West Bay voters have increased from 3,762 to 4,237.
One of the most significant increases was in Bodden Town, where the voter list has grown by more than 1,000 from 3,481 in 2009 to 4,567 for this year’s election. The biggest jump of all, however, was in the capital, where voter registration surged from a 2009 figure of 5,968 to 7,457.
See the updated list at www.electionsoffice.ky