Archive for January, 2013
Cops record fall in crime
(CNS): Despite the recent spate of robberies and street muggings, the RCIPS has reported further falls in crime levels in Cayman for 2012. The latest police statistics reveal a significant fall in serious crimes in 2012 by 17% over 2011, which was also lower than 2010. Robberies, one of the islands’ most pressing crime issues, fell by almost 42% last year, with 39 reported incidents compared to 67 in 2011. With only one fatal shooting, which happened in December, the police saw the lowest murder rate in Cayman for many years. In his speech at the opening of the Grand Court last week, the attorney general commended the police commissioner and his team for “an outstanding job” keeping a “tight grip on anti-social behaviour and law and order.”
The crime statistics make encouraging reading for 2012 as most crimes are falling, with the notable exception of the possession of imitation firearms, wounding, rape and aggravated burglary. In total 628 serious crimes were reported to the police, which is 131 less than those reported in 2011 and almost 200 less than those reported in 2010.
Overall 2,659 crimes were reported in 2012, which is a drop of 367 separate crimes, with a 12.13% fall over the last twelve months when compared to the previous year.
See latest crime statistics here.
Five won’t deal with rollover
CNS): The current government will not be bringing any significant amendments to the immigration law, the deputy premier has confirmed, because the bill is not ready to bring to the Legislative Assembly before the parliament is dissolved in March. This means that the situation regarding the controversial seven year term limit, known as "rollover", will be left in the hands of the next administration. Around 1,372 foreign workers are currently on temporary exemption permits, introduced as a short-term fixed to avoid the feared exodus of hundreds of workers throughout 2012. However, with no sign of the necessary overhaul of the law, the next administration will have only a few months to deal with the issue or face the same problem.
Speaking at the government press briefing last week, ahead of the minority government's trip to London to speak with the FCO about Cayman’s budget and cash flow issues among other things, DP Rolston Anglin said that the immigration amendment bill was nowhere near ready for the Legislative Assembly and would not be dealt with before the May general election.
Although the UDP administration madenumerous changes to the immigration law after it took office in 2009, the main reform of the law has continued to be under review and the controversial rollover policy, which limits workers to just seven years, has remained in force.
However, because a significant number of people come to work in Cayman in 2005, the year after Hurricane Ivan, many of them were due to be rolled over last year under the immigration law’s seven year term limit on work permits. Between October 2011 and December 2012 close to 3,000 work permit holders were facing rollover, many of them working in tourism and unlikely to get key employee status, leaving the industry with a potentially serious staffing crisis.
The immediate problem was solved when government introduced the short term fix with the termlimit exemption permit, valid for up to two years. But many of those temporary fix permits begin to expire this year, and while employers could be facing the same potential problem before the beginning of the next high season, in reality a large percentage of the exemption permits were managers, professionals and financial service workers.
More than half those facing rollover applied for the TLEP and almost 90% were granted, and at the end of 2012 close to 1,400 were in Cayman on the special stop-gap permit.
How the next government intends to deal with the rollover problem as well as the continued level of foreign workers in the jurisdiction as unemployment continues to rise among Caymanians remains to be seen. The opposition leader, the former premier and the current minority government have all stated that they favour changing the rollover policy. The only politician currently in office who remains in support is Ezzard Miller, the independent member for North Side, who says he wants to see the current immigration law properly enforced.
The immigration review team, which has been working on the law on and off since 2009, also recommended the end of rollover. It is not clear yet if the amendments will lead to all workers being allowed to stay long enough to apply for permanent residency, which is where the authorities will place what barriers it feels are necessary to prevent significant numbers of foreigners becoming Caymanian, a position now supported by the opposition PPM.
There were 16,147 work permits holders on the island at the end of 2012, and combined with government workers, key employees and those working by operation of law, there was a total of 20,112 foreign non-permanent workers living in Cayman, well over half of the labour force.
The situation remains a difficult one for government and is likely to form a key issue of the election campaign. With work-permits generating a significant chunk of government revenue, there is little motivation for government to cut the number of foreign workers and address the growing rate of unemployment among Caymanians, which is hovering around 10%, as it will be undermining its own earnings. Despite the increase in unemployment over the last two years, the number of foreign workers has been climbing again since a low of 19,106 at the end of 2010.
The largest numbers of foreign workers here still c,ome from Jamaica with nationals from the neighbouring island making up 40% of all overseas workers. The next largest group of workers is Philippine nationals, who make up 13% of the foreign workforce, following by those from the UK who account for just 9%. The largest number of permits is still held by those at the bottom of the socio-economic pile, or what are termed as the elementary occupations such as domestic helpers, caregivers, kitchen, laundry, beach attendants as well as labourers and cleaners.
For more immigration statists visit the immigration website www.immigration.gov.ky
Swimmers learn from Olympians
(CIASA): Splash, Dash and Dine 2013 has been heralded a success by its organizers, the Cayman Islands Amateurs Swimming Association (CIASA). Olympic swimmers Liam Tancock (Great Britain), Caitlin McClatchey (Great Britain) and Conor Dwyer (USA) were in Grand Cayman, January 10-13 putting on clinics, leading sea swims and taking part in a fund raising brunch. CIASA is a volunteer, not for profit association dedicated to furthering the interests of all aquatic sports in the Cayman Islands. Funds raised are used for further educational and technical training of officials, coaches and senior/elite swimmers; for the Junior Cayman Islands CARIFTA Swimming Team; for the popular Sea Swim Series and for the development of the sport of swimming throughout the Cayman Islands.
The Splash: the clinics were capped to 30 swimmers per session to ensure that those participating had a quality experience where they were able to listen and learn. The 12& over swimmers attended on Thursday 10th and were hosted at the Camana Bay Aquatic Club (CBAC) pool; while the Under 12 swimmers attended on Friday 11th at the Lions Aquatic Center (LAC).
At each session the Olympians gave attendees a motivational speech followed by a Q&A and opportunity to see, touch and hold the Olympians medals. Then they all got in to the pool and took part in skills sessions. One of the stand out moments was watching Liam Tancock, 50m World Record Holder, demonstrate his backstroke start and then seeing Cayman’s young swimmers immediately work on changing their own starts.
The Dash: the Care Pharmacy sea swims took place just off world famous Seven Mile Beach and saw Liam Tancock taking part in his first ever open water swim. Spoiled by the experience he admitted he might not do another one until he is back in Cayman.
To encourage swimmers of all ages and abilities to take part in the sea swims, there were two distances, a 200m and a 400m swim. Tancock won the 200m distance in a time of 02:15; while Dwyer – having heard of local swimmer Alex McCallum’s win over Olympic Gold Medal 10K winner Oussama Mellouli in the Pirates Week 5K – went out fast over the first 50m and then held his lead to the Finish Line, crossing in a time of 04:20. McCallum came in second and Caitlin McClatchey crossed the line in third. Veteran sea swim swimmer HE Duncan Taylor also swam and was delighted to be a part of this historic sea swim.
The starving swimmers were fed post-race with healthy Subway sandwiches donated by CIASA Sponsor Subway and were also treated to ice cream donated by Island Opportunities. Participants in the sea swims also had the opportunity to have their photos taken on the beach with the visiting Olympians.
And Dine: the Brunch took place at the Marriott Grand Cayman Beach Resort and attendees took part in a Silent and LIVE Auction, a raffle and a great brunch. CIASA Directors Brenda McGrath and Dr. Sook Yin; Community Volunteer Extraordinaire Sara Mackay and all members of the Fund Raising Committee organized a fantastic event; Master of Ceremonies Ian Armiger kept the programme moving along in a timely manner; and Auctioneer Jay Earhart, appropriately dressed in a tuxedo…with swim shorts…took charge of the Live Auction.
The highest item to go in the LIVE auction was an Olympic comforter/bedspread from London 2012 which was signed by the Cayman Islands Olympic Team and then the three visiting Olympians signed it as well and which fetched the handsome price of CI$1,050.00.
There were a number of other great items in both the Silent and LIVE auctions including signed Olympic attire; swim caps signed by US and UK swimmers; an autographed Olympic Experiences Book; gift certificates for local restaurants, watersports activities and stores and Pan Am Games memorabilia autographed by Shaune and Brett Fraser.
The Brunch was attended by Cayman’s swimming community and was attended by representatives of swimming’s major sponsors: CIG’s Duncan Taylor and Minister of Sports, Mark Scotland and Maples and Calder Partner Mark Matthews. And at the end of the four days there were winners all around: CIASA raised over CI$10K; the Cayman Islands has three new Olympic Fans and the Cayman Swimming Family enjoyed four days of Olympic storytelling, swimming tips and techniques, camaraderie and family.
Don’t follow leaders who make detours
Being rich and successful is not by itself a prerequisite for elected office, yet we hear ourselves crying aloud the wishes of some that those who have made money, retired from work and can now support the comforts and habits they have become accustomed to should now take over political leadership of our country because they have no need of our money.
I wish I could say the same about CUC, Fosters, my bank and other financial institutions, but when was need ever the cause of millionaires wanting to become billionaires and billionaires working even harder to remain billionaires.
Greed is never the reason members of civil society and holders of public office betrayed your trust; it was want, and mostly ‘I want to be like them’ or simply ‘I want to be better than them’. From the day mankind began stratifying society and stratification became the method of preserving the status quo or established order or hierarchy, it became not just an individual’s choice to want always more, it became our nature.
Of course, we may say that our civil society is full of greed (call it ambition, then) but, unlike our government, is free of corruption. However, discrimination in itself is corruption and there is still plenty of that in our work environment, even if what we call it is just ‘them not wanting us to have what they got’. The long struggle to establish a law to protect the wealth which Caymanians should be entitled to collectively as a nation in the form of the Legal Practitioners Law is one case in point of attempts by expat lawyers to preserve the perverted differences in entitlements between Caymanians and some expats.
As Caymanians we have always approached the issue of economic differences as if it was something ordained by God and therefore no one should question the realities of the social and cultural divisions this system of division of our nation’s wealth has created. It is as if we accepted from the outset that we had no wealth to start with and all that was accumulated over the years should go to expat knowledge workers and a few chosen Caymanians elected by them to partake in their private gathering of wealth, while little or nothing is paid towards the national entity which made the financial service industry a well sought after asset.
The Caymanian court of arms(flag) and our well established property laws govern and protects, with the blessing of the United Kingdom, foreign commercial entities from direct taxation and this allows many of them to make billions of dollars in untaxed profits. Our commercial value is therefore connected to the needs of international capitalism for neutral non-tax jurisdictions. But if this asset was not protected in a way that its benefits had a greater trickledown effect to all of us, then those now leaving the expat controlled world to manage our government cannot be entrusted to manage our government so that we as Caymanians will finally come first.
If we were talking oil, gold or silver, then anyone would have noted from the outset that the Cayman Islands has an economic value by virtue of its being a unique national entity, and would have wanted a greater share of the profits made by knowledge- workers employed by our on-shore cooperation, but because most of us cannot comprehend the concept of invisible capital or invisible gold we continue to sell off our entitlements for little or nothing.
Therefore, Caymanians, when asking what went wrong and what is wrong with our country and what kind of leadership we now need in order to deal with these challenges, we should not forget that: “Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better, the silence of the voices of justice when it mattered most, that has made it possible for evil to triumph.” (Haile Selassie I of Ethiopia)
I am very happy we now have so many educated Caymanians entering politics but I would have been much pleased if even one among them was an economist. And let us not forget that, although education or specialization in law and accountancy may be real qualities when it comes to accounting for someone else’s money, additional qualifications and experiences are necessary when the goal of the organization is human as well as material.
Caymanians, we have a long way forward and we must continue to think future rather than follow leaders who make detours. Man cannot live from bread alone and, regardless of what each of our contributions may be to our society, we each have the same share when it comes to the nation and the power of establishing government. Our new leaders may not need to know personally the plight of the poor, the sick or the unemployed and unemployable but a long career of rubbing shoulders only with the rich and powerful does not make anyone incorruptible or capable of providing the caring leadership we need in these serious times.
Man mugged at gun point
(CNS): A man was mugged in the early hours of Saturday morning outside his apartment complex on Old Crewe Road, George Town. Police said that at around 05:13 am the man was approached by two masked men one of which had what appeared to be a silver coloured pistol. The two men then ordered the victim into his own apartment, and told him to give them what he had. The victim who was afraid handed over CI$54and an old Nokia phone. The robbers then reportedly fled from the scene but it is not clear how they made their escape. One of the suspects is described as 6’2” tall, skinny, with a fair complexion and spoke with a deep Caymanian accent. The second suspect was said to be about 5’ 9” tall, skinny, but the witness was unable to give more details.
No one was physically injured, and no shots were fired during the crime. Officers from the RCIPS attended the scene, and the matter is now under investigation.
Anyone with information concerning this robbery should call the investigator DC Bowen at 949-4222, or persons wishing to provide information but would like to remain anonymous are asked to call CRIME STOPPERS at 800-8477 (TIPS).
West Bay house destroyed in early morning blaze
(CNS): A four bedroom concrete house in West Bay was destroyed in a fire during the early hours of Saturday morning. The RCIPS said that at around five o’clock on 19 January a woman who was alone in her home was awakened by a loud boom sound. According to the police report the women said on awakening she saw smoke in her bedroom and immediately evacuated through the window. The house which is on Fountain Road is a four bedroom concrete was completely destroyed inside by the blaze. The woman was uninjured and after police and fire officers attended the scene and put out the fire, the matter is now under investigation. Police have not stated if they believe the fire could have been arson.
Cubans reach Cayman after 20 days at sea
(CNS): A group of sixteen Cuban migrants were discovered docked in Safehaven in the early hours of Saturday morning, the RCIPS said. A police spokesperson said that officers on patrol cameacross the Cubans on their boat at about 01:10 am. There were 12 men and four women aboard the 30’ wooden hull vessel (left). Police believe the refugees were at sea for about twenty days but all appeared to be in good health. Officers from the immigration department transported them to their detention centre, where they will now be processed ahead of the repatriation process.
Misick links his and Mac’s arrest as UK conspiracy
(CNS): In another message from his maximum security jail cell in Brazil to the people of the Turks and Caicos Islands, the former premier of TCI has linked his own situation to that of the Cayman Islands’ former premier McKeeva Bush. Michael Misick claimed his unlawful detention in Rio and the arrest of Bush in December were both illustrative of the UK’s determination to control its territories. He said the British were using allegations of corruption as a way of getting rid of leaders who strive for independence or who want to govern autonomously. Misick suggested that Britain would not let go of its remaining colonies without a fight but the former TCI premier said he was not afraid and would rather spend 100 years in jail than compromise his principles.
Misick said it was no coincidence that Bush had been arrested and he had been detained in Brazil, as he believes the UK plans to deal this way with all territory leaders that press for independence or more autonomy
In a hand written, open letter on plain paper sent, it appears, firstly to the TCI Post, dated 14 January, Misick takes aim at the UK and the principle of dependency. “I detest colonization in all its forms,” the former premier wrote from his cell, where he is awaiting an extradition order. Misick is wanted for questioning in TCI in connection with a corruption investigation.
Misick has not been accused of any specific crimes and has not yet been charged in the probe, which has extended to several politicians and business people in the eastern Caribbean territory. However, an international warrant was issued for Misick’s arrest after he disappeared from TCI once the investigation into widespread corruption on the island began. It was executed by the Brazilian authorities in December after his claim for asylumthere was denied. Misick insists that his predicament has nothing to do with a genuine investigation into corruption but is all about political persecution.
In this latest correspondence, Misick promised to dedicate the rest of his life to seeking independence for his country as he called on the people to begin demanding a referendum on the issue.
See full letter below.
Mac, Roly & Al to face-off at CBO conference
(CNS Business): Sparks should be flying at the Ritz Carlton-Cayman next week when former premier McKeeva Bush, Deputy Premier Rolston Anglin and Opposition Leader Alden McLaughlin go head-to-head at the Cayman Business Outlook (CBO) conference. As promised by organisers, the conference has attracted three of the key local political leaders to take part in a panel discussion to round off the day’s events. The question and answer panel discussion will be moderated by Ben Meade, the news director of Cayman 27, and the CBO is inviting the public to submit questions, which will be reviewed and compiled to be used on the day. Read more and comment on CNS Business
AG says human rights was key legal issue for 2012
(CNS): The significance of the implementation of the Bill of Rights in the country’s constitution was described by the attorney general (AG) as “one of the most significant events of last year” from a legal standpoint, when he moved the motion for the opening of the Court Wednesday. As the man charged with defending any action under the bill on behalf of government, the AG, Sam Bulgin, said it was incumbent on the legal profession to help those with claims access the courts to have such “alleged transgressions adjudicated”, as he predicted challenges ahead for the profession and government. But it was the issue of press freedom that the AG focused on rather than the workload increases his office could see as a result of the enforcement of the Bill of Rights.
He did state, however, that the judiciary had already taken steps to put in place the framework to facilitate the filing of claims and he said his chambers had conducted extensive training in preparation. The AG also said that departments such as the Royal Cayman Islands Police Service (RCIPS) and Immigration have undertaken general as well as targeted training.
“For the first time in the legal history of these Islands, claimants are now entitled to file a claim in these courts where they are alleging that there is a breach of his or her human rights, and the courts are now empowered to adjudicate on such claims and to grant direct relief where a claim is made out,” he said. “This is not an insignificant development in our legal history. It will not be too long before the benefit of such a facility will start to manifest itself.”
Despite the wide implications for government, and in particular the potential for justice to be delayed as a result of problems on the government side, the attorney general decided to focus on the local media.
Court space problems and on-going issues with the prosecutor’s office, including allegations from defence attorneys of mounting disclosure problems, communication issues, poorly worded indictments and charges, all of which are leading to significant delays in the course of justice, confounded by the problems finding legal aid attorneys to represent some of the defendants accused of serious crimes, means the first human rights challenges are very likely to come from those incarcerated while awaiting trial.
Nevertheless, in his court opening presentation Bulgin offered his observations on freedom of expression, including the freedom to hold, receive and impart, as contemplated by section 11 of the Bill of the Rights, and the need for a press association.
“Unlike a lot of countries in the world, Cayman can boast about the fact that we have a free press,” he said, as he offered his support for that. However, he added that, as the Bill of Rights further underpins the freedom of the press, there was going to be additional challenges “for our friends in the media,” and pointed to the Leveson report and the recommendations in the UK.
The Leveson Inquiry was commissioned in the fallout of the News International phone hacking scandal, in which the phones of celebrities and even victims of horrendous crimes were hacked into by the tabloid news organisation. Although nothing of that kind has ever come close to happening in Cayman's local media, Bulgin encouraged the press to consider a formal association underpinned by a comprehensive written code of conduct, which included a self-regulating framework and a complaints procedure. He said this would offer three benefits.
“One is that whenever they seek to speak out on challenges or issues facing them they do so from a position of strength, not as individual entities, but as a body, a press association,” the country’s leading attorney stated. “Secondly, and of equal significance, is that it is not always the case that every time that someone is alleging that they have been unfairly treated by the press, that they wish to resort to taking legal action. Neither does the press relish the situation where it must always have to go to court to demonstrate that they acted fairly and within the boundaries of acceptable journalism.
“Accordingly, a properly drafted and promulgated code of conduct setting out the guidelines, which inform how the press carries out its affairs, including a well-developed grievance procedure for those crying foul, would go a long way to preventing aggrieved persons from having to resort to the court and all the expenses for both sides associated with such a claim,” Bulgin added.
The AG suggested that there should be some medium, short of court proceedings, to have complaints addressed or adjudicated upon. He also spoke about some members of the media being confused about the sub judice laws, which limit free speech and comment on cases progressing through the courts.
Historically, Cayman’s local press has found it difficult to create an association as attempts have been thwarted by the more powerful and entrenched media houses, unwillingness to work with certain people.
Discussions are ongoing, however, and CNS reporters have also taken steps to join the National Union of Journalists in the UK in an effort to seek some protection from the mounting covert as well as overt efforts to undermine the local press, despite its tame position compared to other jurisdictions.
“While everyone in the press welcomes the idea of a set of standards for members to agree to work by, the goal of the authorities in Cayman to have some form of association for the media is more often than not motivated by a desire to have a body to bash,” said Wendy Ledger on behalf of CNS. “The public has seen time and time again how some politicians and others in authority deal with the media, despite the fact that, by comparison to the UK, the US and other democracies, the local media is very reserved."
“However, the continued efforts to undermine what we do is a very real problem and we feel that the local press needs some form of protection from the authorities and certainly not the other way around,” she added.
Ledger pointed out that when it comes to complaints, most media houses deal directly and competently with those they receive and when issues cannot be amicably resolved, which is extremely rare, the public is well aware that people can and do take legal action. It is important that any threats to the press are carried out under the public gaze, which is what happens when law suits are filed, she said.
“Media houses or reporters who persistently get things wrong are soon punished, in any event, as every day the press is exposed to public opinion. If the media gets it wrong, its readership falls, and with it its revenue. When it comes to CNS, our 65,000 readers are more than capable of keeping us in line,” Ledger added.
The media took its fair share of battering from the former premier during his time at the helm of government and his attacks have been particularly public and overt.
However, Ledger said that there had been more covert efforts from others in authority that are actually more concerning. Efforts to make reporting on certain key public events such as the Legislative Assembly more difficult, battles with freedom of information requests, poor and untimely responses from government departments, as well as a failure to answer media enquiries at all, combine to make the work of the local press, which has very limited resources in most cases, very difficult, she noted.