Archive for January, 2014
Cops charge man over high speed chase
(CNS): The man who is suspected of instigated a high speed car chase in George Town and failing to appear in court on burglary charges has been remanded in custody after appearing in court Tuesday. He was arrested following a pursuit through the streets of George Town in which seven cars were damaged including three police cars. Officers had taken off after the man when he was spotted by an officer who knew he was wanted on a warrant after failing to appear in court. The 33 year old West Bay man has now been charged with seven counts of damage to property, four counts of burglary, as well as possession and consumption of ganja and cocaine.
CJ pleads for new court
(CNS): The chief justice, once again, made it abundantly clear at the opening of the Grand Court Wednesday that Cayman needs a new courthouse. He said the jurisdiction was falling short of international standards and at risk of falling foul of its own constitution with increasing delays in justice. CJ Anthony Smellie noted that it is taking over a year for criminal cases to reach trial, double the international benchmark, as he revealed that 94 Grand Court cases from 2013 were being carried over to 2014. The chief justice acknowledged other issues, such as the management of cases by the police and the director of public prosecutions, as well as the shortage of defence attorneys, as contributing to the delays, but the main barrier to speedier justice, he stated emphatically, was the lack of space.
He said nothing highlights the current situation in the courts more than the massive number of cases in the Summary Court as well as the Grand Court that were being pushed over to the new year.
The CJ said that for more than a decade the local judiciary has been in need of a new courthouse and in the time since government had acknowledged and made plans for it, the situation had become steadily worse. Given the growing criminal case load, efforts had to be made to address the problem of space as it was seriously hampering the dispensation of justice in a timely fashion, he said.
However, for the first time since plans for a courthouse were placed on hold in 2007 as a result of the financial crisis, CJ Smellie pointed to a glimmer of hope. He said two business case proposals for a new court would be passed to Cabinet in the next few months and that next year he may finally be able to talk about the plans for the desperately needed facility.
Although the CJ did not go into details about the two business cases, local attorney Dale Crowley, the president of the Caymanian Bar Association (CBA), said during his presentation that the organization had been involved in discussions with government to utilize the Glass House, the now empty former government administration facility. Government had planned to demolish the building because of major problems with the structure but it appears it may now face renovation into a courthouse.
The chief justice welcomed the support from the CBA and the Cayman Islands Law Society for the new court building, as he emphasized the difficulties that the courts faced with growing caseloads in every division, from family and finance to criminal and the Court of Appeal.
He said the court needed more staff as well as space but a new courthouse was undoubtedly the most important issue facing the local justice system because that would enable simultaneous trials, which was the only way to clear the backlog and prevent a new one developing.
Problems with the legal aid budget, which was not able to stretch to a number of less serious crimes but ones which still saw offenders jailed, was another area of concern raised by Chief Justice Smellie.
"We continue to see an increase in the need for legal aid commensurate with the numbers of serious criminal, child care and constitutional cases coming before the courts. This is borne out by the number of applications – up from 276 in 2012 to 370 last year for criminal cases and from 281 to 313 for civil cases; increases of 34% and 12%, respectively," he said.
The continuing shortage of lawyers willing to take on criminal work, and in particular legal aid work, was also a major problem, he said. However, he noted that at least now they were being paid in a more timely fashion as a result of this new government’s increase to legal aid in this financial year’s budget.
He pointed to the need for government to appoint a guardian committee, as per the new children’s law, and pointed out that the impact of the Bill of Rights was going to increase the pressure on and further fuel the need for yet more court resources.
However, the chief justice welcomed the pre-approved list of 13 judges that the Cayman Islands courts can now call on to help with the workload from both the UK and the region. He said all of the judges listed had worked here before and the ability to call on these pre-approved legal professionals was welcomed.
Cayman ladies miss last chance to score
(CNS): Despite a valiant effort by the national U20 women’s squad, they failed to scrape any points from their final appearance in the CONCACAF world cup qualifying tournament. In their last match of the competition with Honduras, neither team had any chance of qualifying but the teams were playing to settle the group rankings. Sadly, Cayman came out bottom when the Honduran team managed to put three goals in the back of Cayman’s net, while the hosts were unable to find the target. Meanwhile, Mexico’s win over Trinidad 3-0 will see the Soca Princesses face the mighty USA in the semi-finals, while Mexico take on Costa Rica.
Cayman finished bottom of group B with no points and no goals on the score board, while Honduras gained the three points and added to their score line to reach four goals across the tournament.
The tournament has a day’s rest Thursday and resumes Friday with the semifinal double. Mexico and Costa Rica will play the opener, followed by the encounter between theUnited States and Trinidad.
The eventual finalists, along with the winner of the match for third place, will earn tickets to the 2014 FIFA U-20 Women’s World Cup in Canada.
Five man delegation spend $19K on JMC trip
(CNS): in keeping with the PPM administration’s travel policy and commitment to transparency over expenses for overseas trips, government officials revealed that the recent trip to London by the premier and his delegation to the Overseas JointMinisterial Council (JMC) in London in November cost the public purse around $19,000. Premier Alden McLaughlin, Financial Services Minister Wayne Panton, Cabinet Secretary Samuel Rose, Joint Ministerial Council “Sherpa” Jennifer Ahearn and Home Affairs Chief Officer Eric Bush all attended the annual meeting for discussions with the foreign and Commonwealth Office (FCO). The JMC was hosted by the FCO Minister for the Overseas Territories Mark Simmonds.
The five man Cayman Islands delegation ran up a bill of just $19,316.80 for the four day trip between the 25 and 29 November. The airfares for McLaughlin, Panton, Rose and Ahearn totalled $13,316.80, while the governor’s office footed the bill for Bush’s flight. The per diem allowances for McLaughlin, Bush, Ahearn, Rose and Panton totalled $6,000.
This year the annual meeting focused on promoting the security and good governance of all the overseas territories as well as economic diversification, attracting investment, vocational education and employment.
Tempura lawyer reinstated
(CNS): A UK lawyer who was part of the ill-fated Operation Tempura investigation has been re-instated following his disbarment back in 2009. The Bar Standards Board had struck Martin Polaine from the profession as a result of his part in the unlawful arrest of Justice Alex Henderson and because he was not entitled to practice in Cayman as he had not been called to the local bar. But the UK board has now overturned its original ruling, having found several allegations against Polaine to be unfounded, not least that he did not need to be called to the bar. Polaine was employed by government, negating the need to be called, a point the Attorney General's Chambers never raised at the time, even though that information could have saved the lawyer from being booted out of the profession.
It has taken Polaine almost four years to clear his name and return to practice. The Bar Standards Board enquiry was triggered by a complaint made by Jusitce Alex Henderson and the original decision was based almost entirely on the ruling by Sir Peter Cresswell,who heard the judicial review of Henderson’s arrest and ruled that it was unlawful.
Although Polaine was not the only legal adviser to the Tempura team and he came into the investigation at a later stage, he had offered the legal advice in the Henderson arrest, which resulted in a damages payout to the judge for over $1.2 million.
The list of offences that the UK Bar Standards Board had found Polaine culpable for, which led to his subsequent disbarment in 2009, were based largely on Justice Cresswell’s findings, which at the time of the hearing were considered findings in fact. It was not until Polaine was able to file an appeal that he could argue against the position taken by the judge with documentary evidence.
The UK board has now found that Polaine did not commit as many professional errors as had originally been claimed and they dramatically reduced the original punishment from a complete banishment from the profession to a mere two month suspension.
Of the many findings of the board in the case, which will become a full public document and be published on the website this month, the allegation that Polaine was not entitled to practice here was found to be inaccurate.
Polaine had been employed by the Cayman Islands Government. His appointment was recommended by Peter Gough, who at the time was part of the oversight committee established to manage the controversial internal police probe, and was then confirmed by Attorney General Samuel Bulgin.
Polaine, like all other lawyers that work for government in both the AG’s chambers and subsequently those working for the director of public prosecutions, did not need to be called to the bar. At no time did the Attorney General’s Chambers advise that he would need to be or raise any concerns about Polaine’s right to work.
Yet in Sir Peter’s ruling he stated that Polaine should have been called and the finding was never questioned by the AG’s chambers. CNS understands that the judge’s ruling could only have been appealed by the commissioner of police at the time but the AG’s chambers had advised that Cresswell’s decision should not be challenged. David George, who was the temporary commissioner during this period of the bungled probe, departed the jurisdiction almost immediately after the Henderson case.
But had the lawyers that represented the CoP, the government and the Special Police Investigation Team (dubbed SPIT) at the time indicated that Polaine was not required by law in Cayman to be called, they may have prevented the lawyer’s disbarment. Cresswell had taken the Tempura team to task over the issue of Polaine’s right to practice as the judge had been led to believe that this was indeed in question, but government’s legal team could easily have demonstrated that this was not the case.
Polaine confirmed to CNS this week that the disciplinary findings against him were quashed and a re-hearing ordered.
“Although I was not able to put a full account forward because I was constrained by legal professional privilege, I was, at least, in a position to give an account of some of what had occurred,” he explained.
At the re-hearing the only charge, in part, that was found against the disbarred lawyer was in relation to aspects of the information provided to the justice of the peace by the police officer making the search warrant application. Polaine said he accepted that, as the legal adviser to the investigation team at the time, he still bears responsibility for that.
CNS has contacted the governor’s office and the attorney general regarding the latest twist in the Tempura case, but government officials have refused to answer the questions until they have seen the ruling.
“We have not hadsight of the ruling that you refer to. As a result it would not be appropriate to offer any comment,” a statement from the governor’s office said.
The full ruling is due to be posted on the UK Bar Standards Board before the month’s end. It is very likely to place more information in the public domain that could prove awkward for both the UK Foreign Office officials, as well as some of the local authorities as they continue the fight to keep a lid on the twists and turns of the still controversial and as yet unexplained details of the costly investigation.
DEH warns public to stop littering
(CNS): As the Department of Environmental Health (DEH) continues the battle to keep up with Grand Cayman’s waste collection due to ongoing mechanical problems with its aging fleet of trucks and delays in the arrival of new ones, it is warning people to stop littering. Officials said that an increased amount of litter was being seen on beaches and picnic spots and reminded the public that littering is illegal and that offenders may be prosecuted. The government rubbish collectors also stated that people throwing garbage from moving vehicles were adding to the litter problem, as were workers in landscape companies who, the DEH said, are blowing garden waste onto the streets instead of collecting and bagging it.
“The DEH has noticed an increase in litter along the beaches and public areas,” said DEH Director Roydell Carter. “We are asking for assistance from the public in keeping these areas clean by collecting and disposing of waste after using these areas.”
The allegations by the department come in the wake of concerns from the wider public that garbage is piling up in the streets of Grand Cayman during the peak tourist season because of problems with collection. Beach garbage is washed up on local beaches from a number of sources, not least the George Town landfill, as well as boats and even cruise lines.
However, hoping to clamp down on random littering, the officials asked those who witness others not properly disposing of their rubbish to report the offenders to the police. Under the Litter Law, convictions can result in $500 fines, and / or imprisonment.
For more information, please contact DEH at 949-6696.
JPs begin training ahead of new regulations
(CNS): The mandatory training programme for some 200 local Justices of the Peace (JPs) got underway recently to enable the people who hold the unremunerated position to get to grips with the new regulations governing the role. These new regulations will be formalized later this year and the office of the deputy governor had announced last year that JPS would face a more vigorous training regime regarding what is expected of them. The lack of understanding and the previously inadequate training of JPs was brought into sharp focus during a judicial review last year when a JP admitted that he had no idea about the relevant law in case where he signed a warrant for the arrest of local activist Sandra Catron.
The case caused significant controversy when the JP in question admitted that he had never refusing to sign a warrant in more than 20 years, had not asked for evidence, had not having sworn an oath and above all he said he did not understand the reasons for the warrant. The warrant was thrown out in the case which is still progressing against Catron.
Nevertheless, the case led to a review by the police of the use of JPs without any legal training and also prompted the deputy governor who is responsible for the ranks of justices of the peace to review the regulations and introduce the more robust training.
Speaking to the first group to undertake the session last week Franz Manderson, the deputy governor, who is also a JP reiterated the vital role in the administration of justice, good governance and upholding the reputation of the Cayman Islands.
The new regulations call for conducting a more updated and extended training programme to assist and streamline JPs’ work, especially in view of constitutional changes. The regulations also provide for update training every three years, Manderson explained. While the unpaid position of JP has a status, it is not just an honour but the role has serious duties and responsibilities which help to preserve the rule of law.
When the regulations come into force they will introduce a code of conduct for JPs that deals with the provision of services, conduct and integrity, as well as confidentiality. The document also covers the nomination and appointment of JPs, and sets out a requirement for training.
Local attorney Clyte Linwood is the trainer for all the sessions and module Module I of the training took place last Wednesday at the Seafarers’ Hall in Prospect for the first group and that will be followed up by Module tomorrow Wednesday (15 January 2014)
The two modules will be repeated on consecutive Wednesdays until 28 May, with the exception of Ash Wednesday on 5 March until all of the JPs have completed their training.
See new regulations below
Chamber pension plan seeks volunteer trustees
(CNS): The local pension fund which is run by the Cayman Islands Chamber of commerce is asking members, which is all employees whose employer holds a plan for them with the Chamber, to volunteer as a Trustee of the Board for a variety of industry categories which are listed below. Officials from the Chamber said that anyone interested in possibly participating in the governance of their Plan should visit the website at www.chamberpension.ky for a form and them return that completed form by email to admin@pensions.ky, fax it to 745-7699, or mail it to PO Box 609, KY1-1107.
The chamber is looking for at least two people already employed in the professional & finance sectors, industry and commerce, hospitality & tourism and one from the voluntary & self-employed category.
With local pension plans coming in for considerable criticism, being a part of the board can give those whose contributions are invested in the funds a much more direct appreciation of what is happening to members’ investments.
Tough time predicted for paddle board racers
(CNS): Competitors in the second ever Rum Run competition which takes place this weekend will be faced with a significant challenge, says the creator of the race in which boarders will paddle across the North Sound. Neil Martin, a local paddle board enthusiast and one of the partners of the Cayman Standup Paddle Company that is organizing the race said, “Strength, balance, endurance and tenacity are all required for the most taxing of the paddle board disciplines, known as the “downwinder” and next weekend’s 2014 Rum Run is going to provide a significant challenge for all the participants.”
Alongside the race, Martin said the weekend event incorporates paddle board clinics to improve technique, paddle board yoga demonstrations, a fun beach day of sprint races for men, women, children and relay teams and will culminate in the 8 mile endurance paddle.
He explained that downwind paddle boarding is a growing sport from the Hawaiian Islands where paddlers brave the open seas to paddle between islands or ride the swells along the rugged coastlines. Here in Cayman there is potential for the sport to develop further.
“Last year 13 paddlers took on the 8 mile course, with boat support” said Martin. “The course was a relatively unknown quantity as we believe it was the first time that anyone had crossed the North Sound on a paddle board. With the wind at your back it is possible to try and link together the swells as you ride the boards. The participants all completed the course in under two hours with a huge sense of achievement.”
As paddle boarding appears to be increasing in popularity in Cayman organisers have created different challenges for this year’s event which is being held on Saturday, 18 January at Public Beach and on Sunday 19 January at Camana Bay. “With the winds forecast to rise to 20+ knots this weekend, the paddle boarders could be having the downwind ride of their lives,” Martin added.
The race is support by a list of sponsors including Carey Olsen, Miller Lite, Caribbean Canvas Company, Olukai, Cayman Stand Up Paddle Co, Sun Bum, Seven Fathoms Rum, Dukes Seafood and Rib Shack, and Laird Stand Up, one of the industry’s leading shapers and manufacturers of boards, spear headed by the legendary waterman Laird Hamilton.
Chuck Glynn and Noa Hopper, two pro riders from Laird Stand Up will be running this year’s paddle clinics as well as competing in the main events "creating a huge buzz amongst the local paddle board community of enthusiasts," Martin added.
Proceeds from the event go to support ARK Cayman. For more information on the sprint races and the down wind paddle, contact Neil on neil@rumrun.ky or check for details on the event website www.rumrun.ky
Saturday:
10am – 11 am paddle clinic with Chuck Glynn and Noa Hopper
11:30 – 2pm sprint races – categories and prizes for men, women, children,
2pm – 4:30pm corporate relay and relay events
5pm BBQ at Dukes
Sunday:
11:30am 8 mile downwind crossing of the North Sound
3pm BBQ at Dukes
Costa Rica clinches last semi-final spot with draw
(CNS): A 1-1 draw with Jamaica was enough for Costa Rica to progress to the semifinals of the CONCACAF Women’s Under-20 championship following Monday night’s critical match. The Central Americans took second place in group A with 4 points, two more than Jamaica. Meanwhile, having already qualified the US finished with a perfect 3-0-0 record to win the group after destroying Guatemala 10-0 in the last match of the competition for the Central American team at the Truman Bodden Sports Complex. The line-up for the semis in group B will be decided this evening when Mexico face Trinidad to decide the group winners and Cayman’s ladies have a last chance to put a score on the board when they face Honduras in a game that will be more about pride than competition.
Although Cayman and Honduras are already out of thecontest the hosts have one final game to play before their tournament is completely over and they will be looking to grab the three points and avoid finishing bottom of the group. Cayman Islands Women’s Under-20 Head Coach Joe Supe told Cayman 27 after the teams defeat against Trinidad that the focus was what the women had learned in the competition including “the experience that they got, the exposure that they got and understanding what it takes to play against tough opponents.” Supe said he was impressed with the way the players fought despite some lopsided scores. “Impressed with the level of play, impressed with how they play and they lasted 90 minutes,” the coach added.
Meanwhile, the tournament rolls on for the four semi-finalists three of which will advance to the finals in Canada. The winners of the match between Mexico and Trinidad this evening will avoid the unstoppable USA but the losers will face the record breaking team that is dominating the Concacaf nations.