Archive for July, 2013
GT man begins 2nd trial in mutiple stabbing case
CNS): A 21-year-old man from George Town appeared in Grand Court Monday on trial for the attempted murder of Andrew Lopez in August last year. Justin Ramoon faces trial for the second time after the first court hearing in the matter was cut short and adjourned in January as a result of legal arguments made by his attorney, Ben Tonner. Ramoon now sits before a new panel of jurors, which is made up of five women and two men. They will either convict or acquit him of the charges, which include an alternative count of wounding with intent. Ramoon is alleged to have stabbed Andrew Lopez about eight times outside of Archie's Bar on Shedden Road, George Town, before running off in the direction of Sea Inn Bar. He has denied the allegations and awaits the jurors' verdict expected later this week.
In his evidence about the night he was stabbed, Lopez told the court that he had two beers before arriving at Archie's Bar on the night of his attack and was standing beside his car near a few men who were playing a game of dominoes under a well-lit tent.
It is his evidence that, after receiving a cigarette from a friend, he felt the first stab in his back before he turned around to try and face his attacker. Lopez said that the stabbing continued even after he'd tripped and slightly fallen. It was at this point that he was able to identify his assailant as a man he has known for almost seven years called 'Pot', which is Ramoon's nick-name.
Lopez explained that he did not try to defend himself other than trying to get away, but he was able to see the defendant flee on foot. Lopez said that he then got into his car and his initial reaction was to go to his brother's house before he returned home, where he failed to stop the excessive bleeding coming from the multiple stab wounds that he had received.
He then went to the hospital and arrived a short time after midnight on 25 August, where he was treated for a collapsed lung and multiple puncture wounds.
Police reported that Lopez was carrying on in an intoxicated manner despite his claims that he was purely acting out in rage and anger over the events of the night.
The victim said he believed the incident stemmed from an altercation that happened a week before at a well- known after-session spot known as Jah-T's in central George Town. He told the court it was over a scooter which Lopez took from Ramoon's cousin's in Prospect because he believed that it had been stolen and would attract the police to his neighbourhood.
He claimed that Ramoon had approached him while holding onto his waist as if to gesture he had a gun while questioning him about the scooter before Lopez stepped to him and responded, "If you take that out, you better use it." Ramoon's cousin spoke to a friend of the victim stating that he should leave before they kill him.
Lopez began to get emotional after explaining that he did not think that the incident would have transpired into something so serious and had avoided reporting anything to the police until the night of the stabbing. Flustered, Lopez said, "I don't want this to ruin my life," as he explained that he was not intending to seek revenge but wanted the matter to be disposed of as soon as possible.
Asafa Powell among five Jamaicans to test positive
(Yahoo!): Former 100m world record holder Asafa Powell is among five Jamaican athletes to have tested positive for taking banned substances. Powell tested positive for a stimulant at last month's national championships, his agent told Reuters on Sunday. Powell, who has never won an individual global sprint title, held the 100m world record between 2005 and 2008 when his then-best of 9.74 seconds was broken by current record holder and fellow-Jamaican Usain Bolt. In a statement, Powell said: "I will confirm that a sample I gave at the national trials in June earlier this year has returned 'adverse findings'.
The substance oxilofrine (methylsynephrine) was found, which is considered by the authorities to be a banned stimulant.
"I want to be clear in saying to my family, friends and most of all my fans worldwide that I have never knowingly or wilfully taken any supplements or substances that break any rules. I am not now – nor have I ever been – a cheat," he added. "This result has left me completely devastated in many respects. Professionally, this finding fully negates any possibility of me being a part of Jamaica's contingent of athletes competing at (the) world championships in Moscow later this summer."
Olympic 4x100m relay silver medallist Sherone Simpson said on Sunday she had tested positive for a stimulant at last month's national championships. Simpson, 28, was a member of the Jamaican team that finished second in the 4×100 relay at last year's London Olympics. She finished equal second in the 100 metres at the 2008 Beijing Games and won a gold medal in the 4×100 relay four years earlier in Athens.
"This is a very difficult time for me," Simpson said in a statement to Reuters. "I was notified on July 14, 2013 that my urine sample taken at the National Senior Championship, June 21, 2013 after the 100m finals returned a positive analytical finding for a stimulant, oxilofrine (methylsynephrine). "As an athlete, I know I am responsible for whatever that goes into my body. I would not intentionally take an illegal substance of any form into my system."
The sources said two of the athletes were sprinters while three competed in field events. They said one of the athletes was a junior.
Jamaican Anti-Doping Commission chairman Herb Elliott confirmed the body had received "reports of adverse analytical findings from "A" samples".
"The process of the result management has commenced in accordance with the JADCO Anti-doping rules," he told Reuters. "We cannot disclose any further information until the athletes have responded to notification of the "A" sample."
The managers for Bolt and world 100m champion Yohan Blake said their athletes were not involved. Blake did not compete at the championships because of injury while Bolt won the 100m.
Last month Jamaica's most successful female athlete Veronica Campbell-Brown tested positive for a diuretic, which can be used to mask the use of performance-enhancing drugs. The twice Olympic 200m champion has been suspended by the Jamaican Athletics Administrative Association pending the outcome of a disciplinary panel hearing.
ERA cancels award to Dart for power generation
(CNS Business): In the wake of numerous controversies in connection with a request for proposals to supply an extra 36MW of power for Grand Cayman, the Electricity Regulatory Authority (ERA) has canned the bid. The ERA had announced in February that DECCO, Dart’s construction company, had been selected to begin negotiations with CUC, the island’s power company, over the details of how and how much in connection with the generation of future power. However, the authority has now cancelled the solicitation for the additional power. The ERA said Monday that it was as a result of “unavoidable and unforeseen delays” that interrupted the timetable for the various milestones in the RFP which could no longer be achieved. Read more and comment on CNS Business.
Woman appears in court over missing person enquiry
(CNS): Twenty-year-old Karli Rankin appeared before Magistrate Kirsty Gunn Monday after being charged with offenses in connection to the disappearance of a 31-year-old man who went missing last December. The young woman’s case is expected to be committed up to the Grand Court as a co-defendant with a man by the name of Canute Nairne, who is charged in connection with the same missing person enquiry. Hemerson Gonzalez, a Guyanese national who is still missing, is reported to have been staying at Rankin's residence in the Savannah area with her and her boyfriend before he mysteriously disappeared while visiting the island.
Rankin is represented by local attorney Clyde Allan and will return to Summary Court next week for further discussions on the matter but it is expected that the she will be joined onto the same indictment as Nairne. He was arrested upon his return to the island at the Owen Roberts International Airport in January and has already been committed into the higher court. The prosecution claims that that there are inconsistencies in the police witness statements given at the time of Gonzalez' disappearance by Rankin and Nairne, who both face charges of doing an act to pervert or defeat the act of justice and misleading the police.
Gonzalez was last seen at around 5:30pm on 11 December of last year and is known to be a frequent visitor to the island. Police said that he was feeling ill at the time of his disappearance and had been suffering from severe vomiting. After checks with local hospitals, it was confirmed that he had sought treatment for his sickness.
A search was carried out by the RCIPS, including the Air Operation Unit, and a public awareness campaign was launched with media coverage and the distribution of flyers but Gonzalez has been missing for over nine months. There have been no sightings of him nor has a body ever been recovered but there is no record of Gonzalez leaving the island or returning to Guyana since his disappearance.
He was last seen wearing brown jeans shorts, a t-shirt and low cut cloth shoes. He weighs about 180lbs and stands at 5'8" tall, with a compass tattoo on his left forearm and a writing tattoo on the inside of his left wrist. Gonzalez is of dark brown complexion with curly black hair.
Government opens talks with Dart over FCIA
(CNS Business): The new government has opened talks with the islands’ largest developer over the stalled ForCayman Investment Alliance (FCIA) and in particular the NRA agreement signed by former premier McKeeva Bush in December 2011. The current premier, Alden McLaughlin, told CNS that negotiations have begun with Dart Realty Cayman Ltd regarding the future of the West Bay Road projects, the Esterley Tibbetts Highway and other elements of the deal. However, because talks between the new government and the developer are ongoing, he said he did not want to say too much about where things are presently but hoped to be able to make an announcement about the deal very soon. Read more and comment on CNS Business
Pines case stalled as police wait for details
(CNS): The RCIPS has confirmed that they are still waiting on details of a theft which is alleged to have taken place at the Pines Retirement Home. Sue Nicholson (left), the former manager, was dismissed by the board atthe old folks’ home in George Town and left the islands under a cloud of suspicion following revelations that a sum of money had gone missing. However, although a report was made to the police about a possible theft, a police spokesperson stated Monday that the RCIPS is still waiting for statements and details of the crime in order to begin an investigation. In March the board of directors issued a public statement indicating that KPMG was undertaking a forensic audit and preparing a report for the authorities.
The board also said that Maples and Calder was assisting in the recovery of the missing funds, although it was understood that Nicholson had left Cayman. Since then it appears that the board has not given the RCIPS any further information.
“We have received a complaint of a theft but no statement on the details of how much was stolen or any other details,” the RCIPS said Monday.
The police are aware of an alleged crime but no one has yet given a statement explaining the details or offering a starting point for an investigation, nor has the Pines board of directors detailed how much was missing or under what circumstances. It did state in March, when it confirmed that Nicholson had been dismissed, that the sums involved did not affect the operation of the home and the directors were confident that the losses would be recovered. However, there has been no indication since then if any of the money has been returned or why the board has not yet offered details of the crime to the police.
The Pines is a privately run non-profit facility for elderly members of the community dependent on charitable donations. Although it also receives funding from government, two thirds of its costs are covered by the funds it raises from the private sector. As well as caring for the 35 residents, the home provides a programme for senior citizens who live independently or with their families but require daytime support, as well as temporary respite care for several more.
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ERA cancels award to Dart for power generation
(CNS Business): In the wake of numerous controversies in connection with a request for proposals to supply an extra 36MW of power for Grand Cayman the Electricity Regulatory Authority (ERA) has canned the bid. The ERA had announced in February that Decco, Dart’s construction company, had been selected to begin negotiations with CUC over the details of how and how much in connection with the generation of future power. However, the authority has now cancelled the solicitation for the additional power. The ERA said Monday that it was as a result of “unavoidable and unforeseen delays” that interrupted the timetable for the various milestones in the RFP which could no longer be achieved. Read more on CNS Business
Driver charged with killing brother in road smash
(CNS): Police confirmed Monday that they have now charged a 26-year-old man with causing death by dangerous driving in connection with an early morning fatal crash which happened in Prospect more than eight months ago. Eduardo Robinson is accused of killing his younger brother, 24-year-old Egbert Robinson from Bodden Town, in the single car collision in Mangrove Avenue in October 2012 when the car he was driving smashed into a wall. Robinson, who was also injured in the crash, has been released on police bail until his court hearing. Egbert Robinson was the fifth person to die on Cayman’s roads last year.
Con man’s sentence slashed
(CNS): A local businessman who was serving a four and a half year prison sentence after he was convicted of conning almost $100,000 from customers of his geo-thermal air conditioning systems had his sentenced almost halved by the Cayman Islands Court of Appeal Monday. In the first case before the three judge appeal panel in this summer's session, Ben Tonner of Samson McGrath successfully argued that the jail time handed down to his client, Derrick Thomas, by Justice Charles Quin in April was too harsh. The higher court, led by the president Sir John Chadwick, found that the judge’s starting point was too high when they cut the sentence down to two and a half years.
Thomas was convicted following an eleventh hour guilty plea to five out of sixteen counts in connection with a serious of thefts between June 2009 and January 2010, where he took money from several customers for the installation of the specialist air-conditioning systems but never followed through on the work. He was also convicted of obtaining services by deception in connection with bad cheques he gave to Cayman Free Press for the advertising he placed to promote his business.
Justice Quin had described Thomas as the “consummate con man” who was unable to manage his business properly, when he handed down the hefty sentence as a result of Thomas’ previous convictions for dishonesty and because he had accepted the crown’s position that the theft was also a breach of trustcase.
However, the appeals court disagreed with the sentencing judge’s position. They found that this was not a traditional breach of trust case as Thomas was not a lawyer, accountant or an employee of a professional services firm but had conned his customers out of deposits or money on accounts that they would expect to pay up front for in the normal course of events for any type of contractual work. They also noted that the sums that Thomas stole, although considerable, were not enough to place it in the highest brackets of the sentencing guidelines for theft as set out by the chief justice.
The judges noted that Thomas as a business man was a “complete disaster” but when he realized he was not able to fulfill the obligations under the contracts he had made, instead of calling a halt to the situation he carried on selling the concept and taking money from new customers for contracts that he knew he would never be able to meet.
“This was not a case in which it can be said that he set out with the deliberate intention of defrauding customers with a dishonest business but rather a case of being ill equipped to conduct the business, and when it went wrong … he continued to take money from clients knowing he was not going to provide the services,” the president said as he read the appeals court's findings. “Instead of calling a halt when he could see that failure was inevitable he went on trading.” They also noted his previous history of dishonesty, which had a similar pattern.
Nevertheless, the higher court found that the Grand Court judge had not justified his high starting point of five years in his sentencing ruling, which he discounted to four as a result of the, albeit late, guilty plea. “Four years was manifestly too high and the judge does not explain how he reached his starting point,” Justice Chadwick added.
The appeals court also examined the six month term added to the four years for theft for the bounced cheques regarding the adverts, which led to the aggregate four and a half year stretch. While the appeals panel agreed that the judge had every right to view the obtaining services by deception conviction separately from the thefts from customers, they found Quin should still have viewed the sentence in the round and considered what the additional six months would mean to the total.
As a result of the too higher starting point, their rejection that it was a breach of trust case and the need to view the sentence holistically, the appeals court judges reduced the sentence for the four counts of theft to 27 months and the six months for the bad cheques to three months, coming up with a new sentence of just 30 months and a reduction of two years on Thomas’ original term.
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Manderson says no promotion without performance
(CNS): With the continuing changes and the move towards accountability and transparency, Deputy Governor Franz Manderson has made it clear that performance and not just time served will dictate the promotion of government workers. According to the minutes released by his office from the civil service bosses' meeting on 24 June, the deputy governor spoke about the need to improve performance management throughout the civil service and for “upward mobility” in the public sector to be linked to performance. During the meeting government heads agreed that when staff are being considered for promotions, their last two performance assessments would be reviewed.
Where a performance assessment is not available, the senior staff decided that a report would be written by the employee’s line manager. In addition, Manderson told the chief officers that he intends to use a version of a 360 degree assessment as part of their performance assessments and encouraged them to use the HR tool themselves to assess their own heads of department.
These types of assessment include feedback from all staff in an immediate work circle and not just the heads. The assessments ask for the opinion of those who work under the managers and their peers as well as their superiors and a self-evaluation. Manderson indicated that the senior employees should complete staff assessments as soon as possible after the interim budget.
He also revealed that the 2011/12 Annual HR Report for the civil service, which contains information, key statistics and trends impacting human resources within the public sector, was completed and would be published.
With staffing issues at the forefront of the meeting, Manderson said that he hadreceived a proposal from CIGTV for a program that would air once or twice per month highlighting what happens within the civil service, which was to be discussed further with the cabinet secretary and his team.
See 24 June minutes below.