Archive for April, 2013
Candidates must come clean about business
(CNS): All of the candidates who are contesting the general election next month must come clean and declare all of their financial and business interests, employment and directorships, as well as their major assets and shareholdings in a register at the Legislative Assembly. The Register of Interests is open to the public to scrutinize so that they can see what special or pecuniary interests the people nominated to run in the general election have. All nominees are required by the Register of Interests Law to fill-in, sign and submit the printed Financial Interests Registration Form to the Registrar at the Legislative Assembly Office.
For full details about the law and to print copies of the registration form visit the Legislative Assembly website here.
Printed forms can also be collected from the LA office desk between 8:30am to 5pm. Sale of the law in hard copy is available from 9am to 3pm, according to the LA office.
In addition, candidates who have business contracts with government are obligated under the constitution to publish those interests in the government gazette before the day of the general election. The new constitution does not give a specific date, as was the case under the old Cayman Islands constitution, an issue which caught out both Mark Scotland and Dwayne Seymour in the last election. The two candidates both missed the deadline to declare the government business that the two men had at the time of their campaign and were forced to gazette the details of their public contracts late.
Once elected, no official challenge was mounted against the now incumbent cabinet ministers in the minority government. However, after the election a group of local voters challenged the two candidates in the Grand Court under an originating summons, which was thrown out by the chief justice as he found it was not the appropriate way to challenge an election result.
Health department issues stomach flu advisory
(CNS): Following the recent gastroenteritis outbreak in Turks and Caicos, Cayman’s Public Health Department (PHD) has issued advice about what to look out for and how to take precautions against becoming infected. No instances of the condition are reported locally and officials in Cayman say they are monitoring the situation. In it’s advisory the health department says that Gastroenteritis, commonly referred to as “stomach flu”, is an inflammation of the gastrointestinal tract, which includes the stomach and intestines. It can be caused by several different types of viruses, including Noroviruses, rotaviruses and adenoviruses, as well as different bacteria, such as Salmonella, Campylobacter, Cryptosporidiosis.
Common symptoms of Gastroenteritis are nausea and vomiting, watery diarrhea, fever and chills, abdominal pain and blood in the stool. Gastroenteritis can spread through the air or by coming in to close contact with someone who is infected. Viral gastroenteritis is usually a short illness lasting usually 1-2 days. Bacterial gastroenteritis can last for much longer, depending on the organism responsible for the illness. Because the incubation period for viral gastroenteritis is usually between 24 and 48 hours, anyone with the infection is advised to stay away from school or work until any diarrhea or vomiting has stopped. The incubation period for bacterial gastroenteritis can vary from a few hours to several days.
Gastroenteritis often goes away without treatment and symptoms can last from a day to several weeks. Those infected are advised to get plenty of rest, drink lots of liquids, and avoid eating fruit and all dairy products except yogurt.
Simple hygiene measures can minimize the risk of spreading the infection. These include washing hands thoroughly, being careful when handling anything that has been in contact with an infected person and avoiding the preparation of food until after the symptoms have gone.
See attachment for the full advisory.
Government employee of the month named
(CNS): Selburn Christian, Senior Statistician of the Economic and Statistics Office (ESO), was named last month’s Cayman Islands Government’s Employee of the Month for January 2013. Mr. Christian, who heads ESO’s System of National Accounts (SNA) unit, scored a perfect grade of “excellent” in all the selection criteria. Mr. Christian was recognised for his leadership of the SNA unit, staff training and playing a role in capacity building and succession planning. Deputy governor, FranzManderson, said of Mr. Chistian, “His exceptional proficiency, high calibre of work, and above all, his exemplary professionalism have earned him this recognition.”
Commenting on his award, Mr. Christian said, “I am elated, appreciative and humbled to have received this award. It is always a good feeling to be recognised for your contributions as it augments the motivation and drive to keep fighting. I always try to give of my best as that is who I am, so to be acknowledged for being “Most Professionally Excellent" is indeed an honour for me.” He continued, “As a national accounts statistician, the job can get overwhelming at times, so it rewarding to know that you are appreciated and celebrated for what you do and how you do it. As we say in Jamaica, encouragement sweetens labour.”
Deputy financial secretary, Mrs. Sonia McLaughlin, who selected Mr. Christian for the award, said , “Mr. Christian’s achievements and efforts are worthy of emulation”
ESO Director Maria Zingapan says, “He consistently, diligently and robustly carries out the ESO’s mission, which is to support evidence-based decision making by providing accurate, timely and user-friendly information that is relevant to local needs and compliant with international standards.”
CHEC port deal leaked
(CNS): The incumbent members for North Side and East End were the recipients of yet another critical but secret document that was leaked this weekend. Arden McLean (EE) and Ezzard Miller (NS) received a copy of the CHEC Framework Agreement relating to the cruise port, which was signed by former premier McKeeva Bush and Port Authority Chair John Henry in March 2012. Miller, who gave the document to CNS, said the shocking revelations amount to, at the very least, misfeasance in public office on the part of those involved, as none of them were in a position to sign away the huge sums of tax-payers' money, as revealed in the document, without Cabinet approval.
The confidential deal, which is posted below, contains a number of clauses which show that claims made by the previous government, and in particular Ellio Solomon, the lead negotiator with CHEC, about the cruise port deal were incorrect and cast a considerable shadow of doubt over the promises the UDP administration made about the deal.
However, even more worrying is a clause that the Cayman government appears to be liable to CHEC for as much as US$3.5 million now that the deal has been terminated to cover the Beijing-based firm’s expenses. This means that the next cash strapped administration could be faced with a whopping legal bill that the public purse will have to meet.
The deal shows that promises of a full Caymanian workforce on the project were undermined by a clause permitting CHEC as many as 300 work permits as part of the agreement. Another clause calling for the Chinese firm to use the service of local firms and to purchase from local merchants was also weakened by a list of so many exceptions that the developer had no obligation to use local businesses at all.
The deal also gave CHEC up to $10 per passenger from the taxes that would be collected from the cruise passengers, as well as the tender fee that would have been paid to local operators. It also guaranteed the firm passenger arrivals that would have committed the CIG to make up the difference if those arrivals were not met by the cruise lines.
Although the lease was set for 49 years, there was a clause for renewal that could have given the Chinese firm ownership of Cayman’s port for over 80 years.
Shocked by the details in the document, which is understood to have been kept secret not only from the UDP caucus and the rest of the port board but also from the members of Cabinet, Miller told CNS that in this case Cayman had to be grateful to the UK authorities for stepping in and stopping the deal.
“Nothing that the UDP administration claimed about this deal appears to have been the case; in fact, it is the opposite,” he said. “How it was possible for the chairman of the port board to commit to a guarantee of some $16 million in fees per year to CHEC without the approval of Cabinet or the port board has to be misfeasance in public office by all those involved.”
He pointed to the fact that Bush signed the document, which Miller described as a complete sell out of the Caymanian people, in his position as premier and not as tourism minister, even though the deal is between CHEC, the Port Authority and the Ministry of Tourism. This, he believed, was to offer comfort to the Chinese firm that it was being signed by the country’s ultimate authority.
“Yet he and the port chair did not have the authority to do this without Cabinet approval,” Miller added. “We understand from the current Cabinet members that none of them were privy to this framework agreement, undermining claims by the premier and others that consultation had been taking place over the negotiations, which were being led by Solomon,” he said.
Miller pointed to what was now clearly misplaced praise from some supporters, as the North Side MLA said that anyone who read the deal would see how bad it would have been for the country had it not been stopped.
“It begs the question of the competence of the UDP member who is seeking re-election. We have to be grateful for the UK’s intervention,” the North Side representative said, adding that the British government had stopped the deal without even seeing the framework agreement.
“On 22 May, the people of Cayman need to think hard about the competence and the motivations of those involved in this when they go to the polls and ensure that the UDP can never be in a position to put Cayman at such great risk again,” Miller added.
See the CHEC framework agreement below.
HSA prescription refills now available online
(CNS): The Cayman Islands Health Services Authority (HSA) has announced that its patients can now order refills of existing prescriptions online. Refills ordered online are available on valid prescriptions and can be ready for collection within 24 hours. Patients requiring a new prescription, or those whose prescriptions no longer entitle them to refills, must make an appointment to see a doctor. Lizzette Yearwood, the HSA’s Chief Executive Officer, says, “This service allows patients to simply go online to order a repeat prescription, meaning patients can order their medication from the ease and comfort of their own home. This cuts down on the time and energy wasted in physically going to the hospital’s pharmacy to order a refill,” she confirms.
“We are continuously working to improve our service and anticipate that patients will enjoy considerable benefits from these latest efforts. At the HSA we are fully committed to bettering the patient experience," she adds.
Chief Pharmacist, Mr. Colin Medford said, “We have been testing this service with some of our patients and the feedback has been very positive.”
Orders can be placed online at www.hsa.ky, by clicking on the ‘Pharmacy – Refill Request Form’ link and filling out the prescription information form.
Caribbean Auditor Generals discuss accountability
(CNS): Public sector auditors from the Caribbean region met in Port of Spain, Trinidad and Tobago between 18th and 21st March, for discussions on the theme of “collaboration to promote best audit practices.” This was the ninth congress of the Caribbean Organisation of Supreme Audit Institutions (CAROSAI) as well as the 25th anniversary of the organisation that was formed to promote greater accountability by governments throughout the Caribbean. Attending the congress from the Cayman Islands was Auditor General, Mr. Alastair Swarbrick. “I am looking forward to working with my colleagues in CAROSAI to discuss the recommendations from the congress with our parliamentarians in the coming months,” he said upon returning from the Congress at which he was elected as a member of the Executive Committee.
The auditors heard from a number of speakers who focused on the challenges facing the Supreme Audit Institutions including the implementation of the United Nations resolution requiring independent national public sector audit institutions and implementation of new international auditing standards. With most countries facing difficult economic conditions, severe austerity measures and charges of inefficient government operations, the auditors are implementing a plan to help their governments achieve greater efficiencies and reduce wasteful expenditures. Each auditor is attempting to ensure their work plans are addressing these challenges.
Mrs. Sharman Ottley, Auditor General of Trinidad and Tobago, said, “As the incoming chair, I am pleased to see the high level of collaboration between the audit offices of CAROSAI.” She added, “We are now better positioned to do more effective audits in our own audit offices.”
Attending the four day conference were the heads of the national audit offices of the Caribbean region, Mr. Terrence Nombembe, the Auditor General of South Africa, who is also President of the International Organization of Supreme Audit Institutions (INTOSAI), Dr. Josef Moser, the Secretary-General of INTOSAI and President of the Austrian Court of Audit, and representatives of various stakeholders and donor organizations who support CAROSAI with funding and expertise. Those organizations included the Inter-American Development Bank, INTOSAI Development Initiative (IDI), CCAF-FCVI, ACCA-UK and World Bank.
The auditors are exploring opportunities to undertake a cooperative audit of revenue collection throughout the region and report the results to their respective governments. The audits will report on how well their governments are assessing and collecting taxes, duties and fees. Led by Mr. Leigh Trotman, Auditor General of Barbados, work on this initiative will begin in the coming months. Mrs. Lyn Provost, the Auditor General of New Zealand also shared her experience as Secretary-General of the Pacific Association of Supreme Audit Institutions about how their group of public sector auditors is dealing with similar challenges with their organization.
CAROSAI was formedin 1988 to promote greater public sector accountability in the Caribbean region. With 22 member nations, the heads of the Supreme Audit Institutions meet every three years to approve their strategic plan, collaborate on best practices and training opportunities, and elect the executive committee.
PNA hopeful off the ballot
(CNS): Richard Christian, who was nominated as a People’s National Alliance candidate in Bodden Town, has been dropped from the district’s ballot paper, election officials have confirmed. According to a short statement from the Elections Office, Christian was advised by the district’s returning officer, Ned Solomon, that he is not qualified to be a member of the Legislative Assembly, pursuant to section 62 (1) of the Constitution, after nominations closed last week. This is the section that deals with nationality as Christian is understood to own and use a valid American passport. As this is considered an allegiance to another country, the official has concluded that Christian cannot run and the office said his name was removed from the ballot.
Although Christian appears to be the only nominated candidate whose name has not made it to the ballot sheet, there are still a number of others whose qualification is in question but who have not been challenged by the authorities after discussions with the office.
It is not yet clear whether the clearance from election officials will prevent challenges to more of the candidates, however, especially where questions have been raised about their qualification. Cline Glidden, who also previously held a US passport, has stated that his is no longer valid, removing any possible allegiance to another state. Meanwhile, questions over Tara Rivers’ residency in the seven years prior to Election Day have reportedly been satisfied because she was a student while she was living in the UK, even though she was also working as an associate for a Magic Circle legal firm.
There are understood to be a number of other candidates who refused to sign the Elections Office voluntary survey, although not all of them have issues of eligibility.
With Christian the only casualty so far from Nomination Day, there are now 57 candidates running for office across the six districts. The newly formed PNA, which included Christian with all five incumbent members of Cabinet, is already a man down before their campaign launch.
One third of local kids victims of bullies
(CNS): Following the results of a survey among local students in both the primary and high schools, a group of local businesses have come together to sponsor an anti-bullying campaign. The survey found that more than one in three children in Cayman has been victimized by bullies. Bullying behavior reported by the students included physical assault, tripping, intimidation, rumor spreading and isolation, demands for money, destruction of property, theft of valued possessions, and name-calling. With the advent of the Internet, cyber-bullying is also a growing problem with the use of modern communication technologies used to harass children from afar.
The campaign to put a stop to bullying is entitled “Be the Difference” and organisers said it will take a multifaceted approach to raising awareness. The campaign will provide outreach and learning tools for children, parents, and schools throughout the Cayman Islands, a spokesperson stated in a release.
The short-term and long-term effects of bullying are felt throughout the nation and affect everyone. Bullying can lead to low school attendance rates, depression, aggression, increase in criminal activity and even suicide.
“Bullying is a complex problem that needs to be addressed cooperatively by schools, families and communities to make Cayman a safer place for all,” said Dr. Jill Kristal, a prominent psychologist who specializes in treating children and families. “The Be the Difference campaign will spread the word about bullying, encourage schools to adopt anti-bullying programs, inform parents and teachers of the warning signs and how to discuss this issue with children.”
Be the Difference materials will be distributed to Cayman schools. The kit includes movies, workbooks, and discussion guides designed to ignite honest, meaningful dialogue about the issue of bullying. Educatorsand organizations who contributed to the kit include Harvard Graduate School of Education, Not In Our School, Love is Louder, the National Center for Learning Disabilities and Facing History and Ourselves.
Cayman businesses that have partnered with Z99 and Rooster 101 to broaden outreach on this issue include Burger King, Caledonian Global Financial Services, Davenport Development, Edgewater Development, Flowers Group, Island Taste, and Lime.
Ex-London cop speaks out on RCIPS probe secrecy
(CNS): The former Scotland Yard cop who led the ill-fated probe into possible RCIPS corruption has spoken out about the secrecy which now surrounds the fallout of the investigation. Martin Bridger, who was the senior investigating officer on Operation Tempura, has questioned the efforts of officials to restrict public examination of the decisions and actions made. which, he says, raises questions over good governance, accountability and integrity. Bridger, who is facing several law suits as a result of his role in the controversial probe, is at risk of losing his financial support for his defence because of a desire by FCO and Cayman officials to keep a lid on what is understood to be embarrassing behaviour by the authorities involved in Tempura.
Bridger said it was understandable in the absence of facts that inaccuracies about the investigation and his role in it continue to circulate, but because of court proceedings he was limited in what he could say.
“Since my return from the Cayman Islands there has been a concerted campaign by the establishment to keep the truth about what happened during Operation Tempura from the public,” Bridger stated in a letter released to the press Tuesday.
There are three current actions against Bridger, which are all linked to the advice he received from legal counsel working on the Tempura case. The first was filed by former police commissioner Stuart Kernohan, who was one of the main victims of Tempura. In a 2009 suit Kernohan accused Bridger of Misconduct in Public Office. Bridger said he needs to use certain documents from the investigation in defence of that action but the Cayman and UK authorities have filed suits against him to prevent him doing so.
“They are trying to prevent me using legal advice which I received during Operation Tempura,” he said.
Although limited in his ability to explain his position because of the legal action, Bridger provided some details of what he described as continued efforts by the authorities to hinder his attempts to defend the action by Kernohan and to conceal the truth of the probe from the public.
In 2009 the Cayman Attorney General agreed to represent Bridger in the Kernohan action provided the UK former cop agreed not to criticise the local judiciary or the AG’s chambers, and at first he agreed. Bridger was assisted by Douglas Schofield, who had been part of the Tempura prosecution team. But when the AG’s chambers told him that Kernohan was abandoning his legal action, Bridger decided to make the complaint he had earlier agreed to shelve. This related to the behaviour of some members of the judiciary, the AG and FCO officials during the Tempura probe.
“I thought that by making an official complaint people would be held accountable for their actions and the truth about what happened during Operation Tempura would be revealed,” he said. But instead, the AG withdrew the defence support in the Kernohan action, which turned out to be still live. The RCIPS commissioner also refused to help Bridger, who was sworn in as a special constable during the ill-fated operation, because of the breach over Bridger’s original agreement to keep his criticisms to himself.
“I was left with no other alternative other than to fund my own defence,” he said, adding that after almost a year he was able to get some funding from the Metropolitan Police as he was still a UK cop when he was first dispatched undercover to begin the RCIPS probe.
While Bridger’s complaint was investigated and ultimately dismissed, when he asked for a copy of the report he was refused. Eventually he was supplied with written reasons for the dismissal but only if he signed an undertaking not to share the contents. In his efforts to avoid a fourth legal action, Bridger complied but he urged the Cayman community to ask why he was asked to sign such an undertaking.
Pointing to a recent failed mediation process between the CIG and Kernohan, Bridger stated that he still needed the documents he acquired during Tempura to fight the action against him. “Much of the advice I particularly want to rely on was provided by Andre Mondesir, who was my independent counsel for much of the duration of the Tempura investigation,” he said.
Although a decision by the Cayman courts over the documents is still outstanding and local as well as UK authorities continue to do all they can to stop him, a UK court has ruled in Bridger’s favour that he should be allowed to use the documents as part of his defence.
The problems for Bridger are far from over, however, as a request by the current police commissioner, David Baines, to the Metropolitan Police asking that organisation to force Bridger to return the documents, despite the UK court decision, has put the funding from the London cops in jeopardy, leaving Bridger with what could be a hefty legal bill.
Meanwhile, as the UK and local authorities continue their fight against both Bridger and Kernohan, the local tax payer continues to foot the growing bill for an exercise in avoiding exposure, not necessarily of corruption, but what is believed to be embarrassing levels of incompetence.
See full letter below.
Four years for double arson conviction
(CNS): A 32-year-old George Town man was sentenced to four years imprisonment after submitting guilty pleas before Justice Alex Henderson for a double arson attack in 2011. Sven Conner was convicted for two counts of arson and being reckless to life when he set fire to an air-conditioning unit at the residence of Theresa Brown and Eric Russell. After Brown alerted the fire service to the first fire and they moved across to her mother’s home on the same property, Brown and Russell were awoken by dogs barking and another fire. Justice Henderson commented that this case was “not the most serious of offenses to come before the court” but that Conner's previous criminal history was extensive.
Sven Connor, known as “Dappa”, was in a stormy relationship with Theresa Brown, who is the mother of four children. Although Brown and Connor did not have children together, he would still help her financially. The couple separated during an argument that occurred when Connor was in custody for an unrelated incident and had given Brown some cash. It came to Connor’s attention that some of the funds had notbeen used as Brown had said.
When Connor returned from jail in December 2011, he met with Brown after work and another argument arose, with Brown’s suspicion of his infidelity.
At approximately 10:45pm on the night of the incident, Connor went to see Theresa but he came upon another man, who described himself as being Brown’s new boyfriend. Sven and Brown’s new boyfriend, Eric Russell, got into a physical altercation and a few members of Brown’s family parted them. While he was leaving, Connor made idle threats towards the family. In fear of Connor returning, Brown sent her children to sleep with her mother in a nearby residence on the same property.
An intoxicated Connor returned sometime after midnight and decided, on the spur of the moment, to set a fire to Brown’s home. The couple alerted the Cayman Islands Fire Service and the fire, which destroyed various household items, was extinguished quickly.
Shortly afterwards, Russell and Brown were awoken to the surprise of another blaze, this time to the exterior of Brown’s mother’s residence, where they had moved to sleep after the first fire.
Defense Counsel Nick Hoffman submitted that his client was in an intoxicated state due to the consummation of alcohol and cannabis and therefore became confused as to which house was Brown's residence, which led him to start the second fire. The damage is estimated to be valued at around CI $5,000. Connor said his intention was not to harm anyone, but to frighten Brown, while he was in a fit of anger.
“I don’t infer that the intent was to harm anyone,” Justice Henderson commented. "We’re not talking about a case where the defendant went out with the intent to kill.”
In the most recent prison report, Connor tested positive for cannabis. Defense counsel stated that this said “sadly more about the prison than the individual”. Justice Henderson agreed by adding that this news was “not quite remarkable” to him. Included in the prison report, it is stated that Connor had some disciplinary issues but these were resolved, and that he is currently a member of the Inmate Counsel. In addition, it stated that Connor is taking classes for anger management which helps with the treatment of his depressive disorder, along with other courses.
Justice Henderson said he took all of this into account, along with Connor’s letter detailing his remorse and desire to change his life. Sven received full credit for entering a guilty plea prior to the beginning of a trial, the judge said. Although Connor had served a ten year prison sentence for manslaughter and was convicted of possession of an unlicensed firearm, Justice Henderson said he was not permitted to punish him a second time for that.
In his conclusion, the judge accepted that there was a risk of the fire spreading and people getting hurt but that these could not be accepted as aggravating features of the incident as they were typical features of an arson case and no one was harmed. A sentence of six years was considered appropraite by the judge who gave connor a two year discount for his guilty plea. The judge also ordered that Connor's time in custody would be taken into consideration.