Archive for June, 2014
Cops investigating after hours ‘sex romps’ at club
(CNS): The RCIPs confirmed Wednesday morning that officers are making enquiries in connection with a complaint regarding inappropriate behaviour taking place at a George Town licensed premises. Although police officials have limited their comments on the issue, CNS understands that the complaint was made directly to the policecommissioner and involved exceptionally provocative pictures allegedly taken by the management of Elements nightclub at an after-hours party. The pictures show young semi-clad women who appear to be engaging in simulated sex romps in the club.
The pictures were taken on smartphones and were posted on various social networking sites, including Instagram and Facebook, on a number of different pages.
Although the issue of the whether the pictures fall foul of the country’s obscene publications laws remains open to question, as the women appear to be acting out rather than committing sex acts, the fact that licensed premises are holding private parties after licensing hours, especially on a Saturday, is a breach of the licensing laws.
BOTs cleared for travel across Europe visa free
(CNS): British Overseas Territories subjects can now travel to twenty-six European countries visa free. The new access is as a result of changes in the European Union’s travel regulations regarding countries surrounding and what are known as the Schengen states, not all of which are EU members but who have lifted travel restrictions across their relevant borders. The freedom of movement is now extended to British Overseas Citizens (BOCs), British Protected Persons (BPPs), and British Subjects (BS). The countries are located all across Europe, from Estonia to Greece, providing the opportunity for OT Citizens to travel freely from country to country on vacation or business.
The countries include Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. In addition the visa concession applies to Romania, Bulgaria, Croatia and Cyprus.
Officials explained that citizens who hold either a full British passport, or a BOTC, BOC, BPP or BS passport will have visa free access to the Schengen Area. This applies to both current passports and the proposed new machine-readable passports. Arriving passengers may be asked to confirm sufficient funds available for the duration of their stay and to show a return or onward ticket.
However travellers are advised to still check the entry requirements of the country or destination before confirming travel plans. The visa concession covers visits only for a maximum duration of 90 days in a 180 day period. It does not cover employment or study – in which instances the appropriate visa must be obtained prior to travelling.
Meanwhile, the United Kingdom and Ireland, while both EU member states, don’t participate in the borders and visas aspects of the Schengen agreement and continue to operate border controls with other EU members.
ACC to look at travel audit
(CNS): Following the damning revelations in the Office of the Auditor General’s latest review of government finances, a spokesperson for the Anti-Corruption Commission (ACC) has said that members will be taking a look at the findings. In his latest report, which was made public Monday, Alastair Swarbrick, the government’s auditor, found a catalogue of mismanagement regarding government spending by both politicians and civil servants on travel and hospitality. In a tab totalling what could be as much as $10 million over three years during the UDP administration, Swarbrick found issues that go well beyond accounting incompetence and look more like abuse.
He pointed to incidences where officials claimed expenses twice, once from travel advances and then again on credit card charges, where no receipts were submitted to justify travel expense claims, which were nevertheless paid by financial officers, and cases where ministers and senior civil servants signed off on their own expense claims.
There were also costly unsubstantiated charges for hotel rooms in Cayman Brac for the executive aide of the deputy premier at the time, and pricey parties that appeared to have no connection to government business.
The two ministries on which the audit focused in the report of the three year period between 2009 and 2012 were the ministries of finance and tourism, headed by the former premier McKeeva Bush, and district administration and works, headed by his former deputy, UDPminister Juliana O’Connor-Connolly, who after joining the PPM last year now sits in the speaker’s chair.
Swarbrick had indicated at a press briefing on Monday that the ACC, of which he is a member, was aware of his report but that he had not reported any of his findings to the police. CNS contacted the ACC Tuesday and a spokesperson confirmed that the committee “was aware of the ongoing work of the auditor general in relation to this matter and will be considering the findings contained in the report at its next meeting.”
According to Swarbrick’s report, there does appear to be a plenty for the ACC to consider.
In one example given by Swarbrick, $32,000 of public money, a year’s salary for many people, was given to just one senior civil servant from the ministry of district administration, but was written off as that top level government boss never justified the expenses.
“This practice results in the risk that expenditures could have been incurred for non-business purposes,” Swarbrick stated.
One area of obvious concern in the report is what appears to be the abuse of government credit cards. Swarbrick found at least $458,000 in travel and hospitality expenditures that wasn’t supported by receipts or any other formal documentation spent on credit cards used by ministers and senior officials.
“It was unclear whether the expenditures had any business purpose. We also confirmed that one former minister effectively self-approved the payment of transactions incurred on their credit card which amounted to approximately $71,000 ,” the auditor stated in his report. “The general practice of submitting travel claims with no receipts constituted a significant control weakness and represented a significant risk for abuse by senior government officials and ministers.”
Another flagrant abuse of government credit cards was the practice of government credit card holders charging expenditures to their cards that were already covered by their per diem allowance.
“Due to poor record keeping and lack of financial records, we were unable to determine the true extent of this type of occurrence,” he wrote. “We believe these control weakness and disregard for ensuring the probity of financial transactions is a fundamental failure of the respective COs and CFOs to discharge their duties in accordance with the PMFL and Regulations,” Swarbrick added.
Swarbrick said he found a significant number of transactions that not only did not represent good value for money but looked like misuse.
Looking at expenditure on ground transportation, the audit office found expenditures incurred through an overseas branch of the Department of Tourism of almost $400,000 paid between January 2009 and September 2012 to two ground transportation companies for the use of limousines, vans and SUVs. “We noted that spending increased each year of the review period; from $147,000 in 2010 to $162,000 in 2012.”
Despite this increasing expense, Swarbrick found no control over these procurements, no contracts were in place, no business purpose was documented and there was no evidence of the intended purpose and in some cases the services were being used while people were on personal leave.
The audit office was also concerned about the widely varying rates of per diems for meals and other daily expenses incurred by ministers and senior officials travelling on business. In particular Swarbrick highlights that, regardless of where she travelled, the deputy premier at the time and minister for district administration was given a daily rate of $250.
“Although there are no rules in relation to ministers’ per-diems in the regulations, the amount of $250 per day regardless of location cannot be deemed reasonable because it exceeds the $200 per day specified in the Personnel Regulations (2011 Revision),” Swarbrick stated.
In items that Swarbrick lists as being of particular concern was almost $40,000 which was spent on accommodation at a hotel in Cayman Brac for O’Connor-Connolly’s executive aide; $10,000 wasted on holding accommodation for a TV show for the minister of finance and tourism that never happened, and over $5,000 spent on rentals for prayer meetings in West Bay by the same ministry, headed up by former premier McKeeva Bush. The auditor also listed more than $3,300 on a birthday party for Bush and one closed door lunch at a private room in the Ritz costing $1,500.
In the conclusion of the report, Swarbrick states that he was not able to determine how bad things really are because of the poor record keeping by everyone involved.
“While we have identified a number of examples in this report, we were unable to quantify how much the government mishandled or wasted during the period reviewed, or how much abuse occurred,” he said.
See report below.
See related story here
Radio host charged on assault
(CNS): Local radio host Austin Harris (41) has been charged with common assault in connection with an incident at a house party in Governor’s Harbour earlier this year. The radio personality on Rooster’s popular morning talk show, Crosstalk, was charged Tuesday and bailed by police to appear in court on 24 June. Harris was temporarily removed from the radio waves in the wake of his arrest in connection with the alleged attack on a female friend, and replaced by Ellio Solomon. However, Randy Merren, the owner of Hurley’s Entertainment, which broadcasts Rooster, confirmed Wednesday morning that he was standing by his host and that Harris would remain on air.
Harris was arrested in March after he went to the police station following reports made that he had allegedly hit a woman at a social gathering at a private home on 9 March, which turned into a much larger fracas as people at the party intervened and reportedly pulled Harris from his alleged victim.
HSA plans open blood day to boost supply
(CNS) Updated with HSA statement: The Cayman Islands Health Services Authority is encouraging the community to come out to the hospital on Saturday to give blood. The blood bank is almost always in need of support from donors in order to save lives, and to mark the 11th World Blood Donor Day on 14 June it is hoping to recruit new donors. However, because of remaining concerns about vCJD transmission (known as 'mad cow's disease') in the UK between 1980 and 1996, the HSA is still not accepting blood from anyone who lived in the UK at that time for more than three months.
The HSA issued the following statement after enquiries by CNS about the situation regarding donations from UK nationals and former residents:
"The Cayman Islands Health Service Authority follows the recommendations from the World Health Organization (WHO)/Pan American Health Organization (PAHO) and AABB (American Association of Blood Banks) who recommend that measures be taken to prevent the transmission of vCJD for anyone who lived in the UK, or visited for more than three months, between 1980 and 1996.
"The UK Blood Services has lifted some restrictions so they are able to receive blood donations within their own country, however, they still have to take a number of precautions when screening donors."
However for those whose blood is in the clear, donations will be accepted from 9:00am – 5:00pm on Saturday and there will be an information booth, a place for people to register and refreshments available.
A single unit of donated blood can save up to three lives and this year’s theme is about saving blood to save the lives of mothers. For more details see the attached flyer.
Independent members put pressure on officials
(CNS): The PPM government has three weeks to go before its appropriations from the current 2013/14 financial year end but it is making slow progress towards the full passage of its new budget. Finance Committee chair Marco Archer has cut out the long lunches and has members following his stringent time keeping but his efforts are up against some intense scrutiny coming from the opposition benches. The independent members for East End and North Side, in particular, are pressing officials for details on almost every line of the budget, ensuring spending plans for the more than half a billion dollars of public money are aired and the cash justified. (Photo Dennie Warren Jr)
Finance Committee began on Thursday of last week, but so far appropriations for just one of government’s nine ministries and portfolios have been completed and a second one close to the end.
MLAs spent two days scrutinizing the premier’s Home and Community Affairs Ministry last week before work began on the planning minister’s appropriations on Monday. Despite working for some ten hours, the committee did not complete Kurt Tibbetts’ ministry and will still need to deal with his equity investments and transfer payments when the committee reconvenes Wednesday after the break Tuesday for Cabinet.
Opposition Leader McKeeva Bush and his West Bay CDP (former UDP) colleagues, as well as Independent MLAs Arden McLean and Ezzard Miller and even some of the government’s own back-benchers have been probing officials about what the appropriations are for and the success of government programmes and asking ministers about the policies in the various departments that fall under their responsibility.
Miller told CNS there were two main reasons why it was important that members of the Legislative Assembly quiz the ministers and their civil servants over the allocation of public cash.
“It is the one and only time per year that we, as representatives, get an opportunity to ask questions about the government’s programmes and what they are supposed to be doing,” Miller said.
He explained that although government may be trying to rush the process because they left it so late to bring the budget, members had a duty to continue the scrutiny.
“The public has a right to know these details and unless you are familiar or know your way around the more than 250-page documents it is hard to determine what the appropriations represent,” he said, as he confirmed that he along with other members would continue the detailed questioning of government.
The UDP government changed the Public Management and Finance Law in 2010 to remove the April deadline for the delivery of the budget to the parliament, facilitating some 11th hour budgets and cutting back on the time left for Finance Committee to question government’s spending plans.
Several times during the previous administration the committee sat into the small hours of the morning in the wake of the budget delivery. This led to many members missing the opportunity to grill those who are responsible for spending tax-payers money as they refuse to sit at two and three in the morning. Since taking up the post of finance minister, however, Archer is running the committee more efficiently but by doing so he has provided members with a more convenient opportunity than his predecessor did to probe civil servants and the Cabinet members.
The Finance Committee is expected to reconvene on Wednesday at 10am in the Legislative Assembly with the last few appropriations for the planning and agriculture ministry. Following that Osbourne Bodden, the minister of health and the man responsible for the dump, along with his staff will be taking the hot seat.
The proceedings are being aired live on the government TV channel CIGTV and being rebroadcast in the evenings on Radio Cayman.
Ex NHDT director on trial
(CNS): A former director and the deputy chair of the National Housing and Development Trust Board, who was charged two years ago after he was accused of using his position to sell insurance policies to potential affordable home owners, appeared in the dock Monday to answer nine counts of deception. Trevor Ward QC, the deputy director of public prosecutions, opened the case against Edlin Myles, who the crown says manipulated at least five applicants of the government’s low cost home scheme into buying life insurance policies to get the commission, even though most of them never became owners and did not need the policies.
As he summed up the charges against the former housing trust board director, Ward told the jury that ahead of a meeting to discuss the applicants for the East End homes in January 2011 Myles had asked the board secretary for a list of the applicants' ages and phone numbers.
Myles then contacted at least five of the applicants, introducing himself as the board chair and implying that the applicants were being approved for homes and they needed to see him. He asked them to come to the offices of Derek Bogle, where he worked as an insurance broker, asthey would need insurance policies for their new homes. He asked them to bring deposits but he said that the policy premiums would be free for the first year.
According to the crown’s lawyer, most of his victims were unfamiliar with all of the requirements of the NHDT’s application process. As Myles was a board director they believed him when he said they needed the policies and signed on the dotted line, eager to get their homes, even though the applicants had not yet been approved either by the Trust’s board or the banks, which were supplying the government-guaranteed mortgages.
They all later discovered from Myles that there had been a “change of plan” and that they would have to pay their own premiums. However, as the applicants were keen not to undermine their chances of getting one of the homes, they continued with the policies, even though most of them could ill-afford the expense.
The crown said that witnesses had given statements that at the meeting in January 2011 Myles queried why the board was not using him to supply the necessary insurance to potential applicants and directed the Trust to tell applicants they must come to him. However, the Trust did not implement Myles’ order as it did not, as a matter of its policy and regulation regarding applications, require those wanting a home to buy policies until their applications were approved first by the board and then ultimately for a loan by the relevant bank.
It turned out that only one of the applicants whom Myles sold policies to actually went on to acquire a home.This was the person, who was one of the crown’s key witnesses, who became suspicious about the circumstances and made a report, especially when she was approved for a home and the value exceeded that of the policy sold to her by Myles.
Ward told the jury that Myles had deliberately misled vulnerable people by making them believe their application was dependent on them buying a policy from him. The public prosecutor said that Myles earned commission from the policies that the applicants had taken out believing they needed them to secure a home. Some paid several months of their premiums amounting to around $1,000 worth of commission for Myles and one applicant even took out a loan to cover the cost of the premiums.
Ward said that the accused man falsely represented that the applicants needed policies before their approval when they did not and did it in order to earn the commission. The lawyer told the jury that Myles had tricked “poor people into parting with money which they could ill-afford”, as he summarized the crown’s case against him.
Despite the introduction of the anti-corruption law and the circumstances of Myles’ position on a government board, as a director appointed by the UDP administration, he is not facing charges under the anti-corruption law but charges under the penal code of obtaining property and pecuniary advantage by deception.
Myles, who has been in the insurance business for some thirty years in Cayman, has denied the allegations and has pleaded not guilty to all nine counts, claiming that there was nothing dishonest about the sale of any of the policies.
His case is being heard in court five before Justice Alex Henderson and a jury of five women and one man and it is expected to continue for two weeks.
Judge confirms right to free legal counsel
(CNS): A Grand Court told a jury to acquit a woman accused of perverting the course of justice in a drug related case after he ruled that a police interview was inadmissible and the crown could offer no other evidence. Justice Alex Henderson made what could turn out to be a very important decision Friday, when he threw out the evidence and confirmed the right by anyone arrested by the police to free legal representation. Justice Henderson stated that legal counsel cannot depend on financial circumstances andany waiver had to be unequivocal. Itzel Anderson was found not guilty because her interview had taken place without a lawyer as she didn’t have the money to pay for one and was not told that she could have free advice.
Anderson’s defence attorney, Nick Dixey from Nelson’s, had argued last week, before his client’s trial was set to start, that criminal suspects must be informed by the police of their right to free legal representation before an interview, as he fought to get the evidence ruled inadmissible. Anderson had been charged with perverting the course of public justice in November last year after she was accused of trying to hide packets of cocaine from police making a search at her boyfriend’s house by throwing them in the bin.
When she was interviewed the police had told her she could have a lawyer, but she had no money so she agreed to talk with officers without a lawyer as they did not say she could have free access. It was on this interview alone that the police based their case and on which she was eventually charged. After the judge gave his ruling that her interview was inadmissible, the crown counsel on the case told the court she did not have any more evidence to proceed.
Justice Henderson said he would deliver his full ruling in writing because of the importance of the issue and also said the attorney general should amend the Criminal Procedure Code accordingly.
Gallery hosts original works from Spanish masters
(CNS): Local art lovers have a rare opportunity to see a set of original 18th century prints from the famous Los Caprichos series by the old master Francisco Goya and a set of hand-coloured and hand-signed etchings by Salvador Dali, who revisited Goya’s famous series. To complement this unique coupling of work, the National Gallery also invited 16 local artists to reinterpret Goya’s series like Dali did before them and their work is on display alongside the masters’ prints. The NGCI Metamorphoses exhibition will open to the public with special late night hours on Friday along with the screening of two documentary films about the Goya and Dali.
Curator of the exhibition, Emé Paschalides, said it features a blend of classical, modern and contemporary artwork, providing a forum for discussion and illustrating the evolution of artistic styles and techniques over the last 300 years. “This artistic progression is contrasted with the realisation that many of the ills of society have remained the same.”
Goya: Crazy like a Genius | 5:30 PM Screening
Written and presented by renowned art critic Robert Hughes, this film explores the world of Francisco Goya, charting his achievements as a court painter, satirist and war reporter, as well as a topographer of the inner self – of madness, fear and despair. This programme offers a detailed visual and intellectual analysis of Goya's masterpieces, including Witches in the Air, The Third of May and The Dream of Reason. Hughes professes himself incapable of summing up Goya's achievements neatly, but concludes that "to meet Goya is still to meet ourselves."
Dali: The Great Spanish Painter and Self-StyledGenius | 7:30 PM Screening
This major critical film biography of Salvador Dali presents Dali's entire body of work in the context of his extraordinary life and international career. It has been constructed through a combination of specially shot location footage, archive film, feature film material, rostrum filming of Dali's paintings and interviews with Dali's friends and colleagues. The narration of the film has been drawn from Dali's own writings, principally My Secret Life and The Unspeakable Confessions of Salvador Dali, as well as from other critical writings.
The special late night at the National Gallery is happening Friday, 13 June 2014 from 5:00 PM until 9:00 PM. Film screenings will take place in the National Gallery Auditorium. Admission to the late night is free and refreshments will be provided. All ages are welcome, however children under the age of 12 must be accompanied by an adult. For details please contact info@nationalgallery.org.ky or visit www.nationalgallery.org.ky.
Upcoming Events for the temporary exhibition Metamorphoses
Saturday, 19 July 2014 5:00 PM – 6:00 PM
Members-only tour of the exhibition Metamorphoses with the exhibition's curator.
National Gallery Lower Exhibition Hall
Saturday, 2 August 2014 5:00 PM – 6:00 PM
"Decoding Dali", a special lecture by Emé Paschalides.
National Gallery Lower Exhibition Hall
$5 Donation Recommended
Cayman preps for big game after win in Bermuda
(CNS): The Cayman National Senior men’s rugby team posted a 24 to 3 away win over arch rivals Bermuda in their first round NACRA test match last weekend. A record win away from home for Cayman against the team, local officials said that this sets things up for the NACRA Northern final between 2013 champions USA South and Cayman in the SteppingStones Big Game 4 on Saturday. Despite the impressive score card officials said Cayman made more than their fair share of errors in the game and will need to eradicate these if they are going to beat the power of USA South. They will also have some work to do on scrummage and Line out which went well at times but also let the team down on several occasions.
Cayman pushed hard in the first half against Bermuda heading into a strong twenty knot wind which kept them pinned back and meant that they had to work hard with the ball mainly in hand to gain territorial ground. The deadlock was broken after around 10 minutes when Kes Wright fielded a kick from fly half DuPlesis to scamper between the posts for a 7 to 0 lead.
Bermuda struck back with a penalty and Cayman held on for a 7 to 3 half time lead. In the second half DuPlesis kicked a penalty for Cayman taking the score to 10 to 3 before Yohagn Regnard scored from a nicely executed line out to take the score to 15 to 3. Cayman then kept the screw turned with Heyward adding a further 3 penalty kicks for a final 24 to 3 win.
CEO Richard Adams said he was happy with the growth of the programme and the result. “
“This management team has been appointed until the 2016 World Cup qualification process so I am delighted to see the steady improvement in performance and results. The work of Brad Cowdroy, Tim Rossiter and JS De Jager is evident as is the conditioning and professionalism of Dave Clancy. Our Medical team of Sean Teeling, Al Bartice and Kate Macpherson are all making huge in roads into the professional approach of the team. They all deserve plaudits for what they are achieving.”
Adams said the CRFU has taken the steps to develop this High performance programme and the fact that the team will be ranked higher in the World than Cayman has ever been is cause to congratulate everyone involved in the success.
“There will be a lot of work to do in the week to get things absolutely right for Saturdays clash, “The said. “The staff will have to be aware that this is two hard test matches in seven days so it will not be easy. However we have a chance to make our first final right here in Cayman at Big Game 4…It will be great to hear the noise coming out of the Stadium on Saturday as our nation rises to push the players all the way through.”
In the NACRA Southern Division Guyana emerged victors over Trinidad and Tobago with a 15 to 8 home win and advance to the finals on 28 June. The Venue of the final match will be decided on Monday when the new IRB rankings emerge after the weekends results.
Cayman will move to their highest World Ranking since records began but the team will have to see if the large away win boosts them over Guyana to set up a possible home field advantage for the final, USA South however are standing firmly in the way of that potential final being in Cayman.
The game against USA South is scheduled to kickoff at 3pm at the Truman Bodden Sports Complex on June 14th. Tickets and Corporate packages for the game are still available but in limited supply at www.caymanrugby.com