Archive for June, 2014
CI vulnerable as chikungunya spreads across region
(CNS): With fifteen Caribbean countries now reporting cases of the mosquito borne virus chikungunya local authorities are urging locals to be vigilant as Cayman is also vulnerable to an outbreak. Since the first case was identified in Saint Martin, last year the virus appears to have taken a hold in the region. Cases have been reported in Anguilla, Antigua and Barbuda, British Virgin Islands, Dominica, the Dominican Republic, Guadeloupe, Guyana, Haiti, Martinique, Saint Barthelemy, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Saint Lucia and Saint Maarten, as well as Saint Martin. Local medical personnel are now on high alert and medical services providers have been advised to look for any local cases.
Medical Officer of Health Dr Kiran Kumar said that while there have been no suspected cases in the Cayman Islands yet, should there be any arrangements are in place with the Caribbean Public Health Agency in Trinidad (CARPHA) for Laboratory testing.
“There are no borders for communicable diseases. The easy access and frequency of air travel to endemic areas put persons at risk for the chikungunya virus,” Dr Kumar warned. “If someone is bitten by an infected mosquito in countries where chikungunya exists, the infection can be acquired. It is therefore paramount that the public protect themselves from mosquito bites by using mosquito repellents, wearing long sleeve clothing and pants tucked into socks during travels, as chikungunya is a mosquito borne disease.”
As of 16 June, a total of 165,800 suspected and 4,805 laboratory-confirmed Chikungunya cases had been reported from the Caribbean. More than 95% of these cases have been reported from five jurisdictions: Dominican Republic (77,320 cases), Martinique (35,000), Guadeloupe (35,000) Haiti (11,802), and Saint Martin (3,380). In December 2013, the World Health Organization (WHO) reported the first local transmission of chikungunya virus in the Western Hemisphere in Saint Martin.
The chikungunya virus is transmitted by the aedes aegypti mosquito that also transmits dengue. Chikungunya is characterized by an abrupt onset of fever frequently accompanied by joint pains. The joint pains are often very debilitating, but usually last for a few days or may be prolonged to weeks. Most patients recover fully, but in some cases joint pains may persist for several months, or even years. Occasional cases of eye, neurological and heart complications have been reported.
Serious complications are not common, but in older people, the disease can contribute to the cause of death. Often symptoms in infected individuals are mild and the infection may go unrecognized, or be misdiagnosed in areas where dengue occurs. The symptoms appear between four to seven days after the bite of an infected mosquito. The majority of clinical signs and symptoms last three to 10 days, but joint pains may last for months or years. Severe cases requiring hospitalization are rare.
There is no specific treatment for chikungunya infection, nor any vaccine to prevent it.
Measures for controlling the spread of chikungunya are the same of those applied for the control of dengue as both diseases are transmitted by the same mosquito, Aedes aegypti. Until a new vaccine is developed, the only effective means of prevention is to protect individuals against mosquito bites.
Visitors or returning residents from the endemic countries, with fever and severe joint pains, should consult a physician and advice of travel history to enable them to assess and test for chikungunya.
A travel health clinic is held on Thursdays in the Public Health Department at the Health Services Authority’s George Town Hospital.
Osbourne Bodden, the health minister urged Cayman residents to be aware of the virus, and to get proper “Residents with travel plans can get advice on what diseases arepresent in their country of destination, and what vaccines or precautions are needed,” he said.
For further information call 244-2648.
Key Facts:
Chikungunya is a viral disease transmitted to humans by infected mosquitoes.
It causes fever and severe joint pain. Other symptoms include muscle pain, headache, nausea, fatigue and rash.
The disease shares some clinical signs with dengue, and can be misdiagnosed in areas where dengue is common.
There is no cure for the disease.
Treatment is focused on relieving the symptoms.
The proximity of mosquito breeding sites to human habitation is a significant risk factor for chikungunya.
Since 2004, chikungunya fever has reached epidemic proportions globally, with considerable morbidity and suffering.
The disease occurs in Africa, Asia and the Indian subcontinent.
In recent decades mosquito vectors of chikungunya have spread to Europe and the Americas.
In 2007, disease transmission was reported for the first time in a localized outbreak in north-eastern Italy.
Dilberts at fault over marina
(CNS): Responding to criticisms by the owners of the Alexander Hotel on Cayman Brac that Cabinet did not require an environmental impact assessment (EIA) for the two other marina proposals on the island as it did their own, Environment Minister Wayne Panton has explained that the Department of Environment (DoE) felt that it could predict and understand the impact of the two applications by MMCB Ltd and recommend ways to mitigate those impacts. With the proposal by the Dilbert family, on the other hand, the DoE found a number of red flags that “indicate a level of complexity and scope that a responsible decision maker would want to understand much better before making any final decisions”. The minister said the difficulty with the Dilbert application and the reasons it has not progressed rest squarely with the applicant and those advising him.
Panton told CNS that Cabinet received the two coastal works licence applications by MMCB just weeks after receiving the Dilbert’s application regarding their proposal to turn Saltwater Pond next to their hotel into a marina. And even though the DoE recommended against approval of the Dilbert application, on 25 March 2014, Cabinet granted an approval in principle subject to EIA being carried out “to provide further information to elaborate on and to determine whether there was any way to mitigate, the considerable negative impacts anticipated”.
Emphasising that the DoE is not a decision maker in such applications but act as advisors to the ministry and Cabinet, Minister Panton explained that an EIA is considered necessary when the scope, scale and complexity of an application requires far more in depth analysis, modeling and surveying that the DoE does not have the capacity, resources, expertise or capability to carry out themselves. There are instances in which an objective third party service provider may be desirable as well, he noted.
In relation to the Dilbert application, the environment minister said, just some of the factors in Cabinet’s decision to request an EIA are: the scope and size of the works proposed — the proposed channel is more than 700 feet long by 100 feet wide and 12 feet deep; it will cut through the only shallow water reef protected marine park (Replenishment Zone) in the Brac between the shore line and the reef; it will cut through and make a 100-foot wide opening in the fringing reef; it will proceed as a 12-foot deep by 100-foot wide channel into the Marine Park exterior to the reef; it is proposed to be lined by a breakwater which will be subjected to the force of open ocean swells and therefore the structural integrity ofthat is critical.
Additional factors considered by Cabinet were that under the Dilbert Marina proposal, a 100-foot channel would be cut through the public road that serves the south side of Cayman Brac “and in doing so the natural storm ridge which serves to minimise overtopping by storm surge in a hurricane will be breached and therefore opening up the area behind it to allow storm/tidal surge unfettered access to the natural drainage basin inland of the storm ridge.” Plus, he said, the channel would connect to a partially dredged pond, which may allow sedimentation to flow through the channel and out into the marine environment and on to relatively healthy reefs.
Furthermore, the minister noted that no data, analysis or drawings have been provided by the developer to demonstrate the bathymetry of the channel, the likely action of the water, the type of rock and whether, for example, blasting would be required, nor did they provide the structural specifications for the proposed breakwater.
“All of these factors indicate a level of complexity and scope that a responsible decision maker would want to understand much better before making any final decisions. To do otherwise and to suggest or attempt to cause an approval of such an application, as the leader of the opposition has attempted to do, is clearly reckless and irresponsible,” Panton stated. “Making reckless decisions could also lead to significant legal liability on the government for damages caused as a result.”
On the other hand, while coastal works application by MMCB for a lagoon on the North Coast near to Scotts Dock is in a marine park, he said, the channel footprint proposed there is in much deeper water than that for most of the Dilbert application. It is also substantially smaller in that the dimensions are only 30-foot by 144-foot and out to a water depth of 11 feet, Panton said, noting that the amount of material that would be removed under the proposal is only a very small fraction of what would be removed from the reef and two separate Marine Parks under the Dilbert application.
“As a consequence, the DoE feels quite comfortable in predicting and understanding the impact and recommending ways to mitigate the impact of this application and therefore an EIA would not be required,” Panton stated.
“While the south side application by MMCB Ltd is significantly larger in scale and scope than its north side application, it is nevertheless significantly smaller in scope and scale than the Dilbert application,” he pointed out.
Some of the factors which enabled the DoE to conclude that an EIA would not be required for this application were: the proposed marina basin is within the reef protected bay and does not impact the reef; the footprint for the proposed basin overlays an area that has previously been dredged to allow navigation and therefore there is no pristine marine environment; and the proposed depth of this basin is relatively shallow at just 8 feet and the area currently has depths of between 4.5 to 7.5 feet with an average around 5 feet.
“In light of this and other factors, the DoE felt comfortable, as it did for the north coast application, that it could predict and understand the impact and recommend ways to mitigate the impact of this application,” the minister stated. “Both applications by MMCB Ltd were dealt with weeks after the decision was made in the Dilbert application and in fact the time between application and decision was as long as or longer than the time in respect of the Dilbert application.
“From a socioeconomic perspective, the decisions to move forward with all three of the ‘marina’ applications were based on the strongly held views of much of the Cayman Brac community that they wanted to see this happen as planks in the level of economic activity they felt necessary for the Brac.
“The difficulty with the Dilbert application and the reasons it has not progressed are not the fault of the government. They rest squarely with the applicant and those advising him, unfortunately,” the minister stated.
As an example, Panton said that when his ministry sent a letter to Cleveland Dilbert on 3 April letting him know that his application had been the approved in principle and requesting a response within 21 days whether he wished to proceed with an EIA, rather than responding the developer “proceeded to arrange a meeting in Cayman Brac at which he convinced 21 prominent members of the Cayman Brac community to sign a letter demanding support of his application for the channel and marina basin in the pond”.
The minister said, “Subsequent to that letter, the applicant obviously engaged with the leader of the opposition to bring a surprise motion, purportedly as a matter of extreme public importance, to attempt to have the decision of Cabinet obviated and replaced by a resolution of Parliament to approve the application without any environmental impact assessment. The resolution was changed to require an EIA to be carried out.
“Underlying all of these machinations was the fact that the applicant had consistently indicated that he did not think an EIA was necessary, that he would not pay for an EIA and so has seemingly been in search of a way to avoid it. Subsequent to the approval in principle by Cabinet subject to an EIA being carried out and the resolution of the LA which took the same position, the applicant changed his stance slightly and indicated in writing that since government wanted the EIA as a condition, he felt that government should pay for it and ‘upon an approved and issued Coastal Works Licence’ he would then be willing to reimburse the government for up to CI$60,000 of its costs. That obviously would not be acceptable to the government in the circumstances either,” Panton said.
“However, I am pleased that the applicant has now publicly stated that he will pay to have an EIA conducted and I can confirm that we are ready to move forward quickly and assist him in engaging an appropriate consultant who can work to resolve the appropriate terms of reference and carry out the work in accordance with those terms.”
The minister stated, “It is only through an appropriate science-based analytical assessment that the Cabinet may have the information it would need to consider whether to give final approval to this application. If the applicant wishes his application to proceed further he must engage now in good faith in the EIA process and not allow himself to be misguided by others, some of whom have years of failure underlining their history of trying to avoid proper process.”
See below the DoE technical review of all three Brac coastal works applications.
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Anti-corruption law limited
(CNS): The recent successful prosecution of the former deputy chair of the National Housing and Development Trust has demonstrated that the anti-corruption law is considerably more limited that legislators had originally envisioned. Although Edlin Myles was found guilty on seven counts of deception in relation to fraudulently selling insurance policies to applicants of the Trust, the 62-year-old former board director was not prosecuted under the law that was designed to cover people in government positions. Although Myles was able to access his victims because of his position on the board the crown could not define him as a public official under the current law.
Although Myles was originally arrested under sections 13 and 17 of the Anti-Corruption Law 2010 for breach of trust and abuse of public as well as the common law deception offences, the charges under the anti-corruption law were all dropped. During his direction to the jury last week, Justice Alex Henderson pointed out to the jury that while they make have felt Myles misused his position on the board to fraudulently sell the policies, the judge impressed upon them that they could not find him guilty because of that as no conflict or abuse of office charges had been laid against Myles.
The now demonstrable limitations of the legislation have raised considerable concerns and some government officials, who do not wish to be name,d have has stated that the legislation must be revised as it is not fit for purpose.
The legislation is based on a number of anti-corruption laws used in other jurisdictions but was never localized to fit the Cayman context and in particular the use of private sector and volunteer directors on government company and statutory authority boards
When the law was implemented in 2010, the attorney general released a statement warning all board directors and others working with government that they would be subject to the new legislation. Samuel Bulgin had pointed specifically to people serving on government and statutory boards and said it would have a significant impact on them from potential conflicts of interest to abuse of office.
However, it appears that the government’s top lawyer was wrong.
The Myles case has highlighted the limitations of the law. It appears that board directors who are not directly employed by government and paid only expenses or a stipend are not covered by the legislation, leaving all of government’s companies and authorities, from Cayman Airways and the Turtle Farm to the Airport and the Health Services Authority, vulnerable to corrupt officials. While the civil servants sitting on boards and the employees of the government companies and authorities appear to be covered, anyone from the private sector who is appointed to a board need have no concern about the law applying to them until it is revised.
CNS has contacted the Cabinet for comment on the situation, which appears to boil down to problems with the definition of a public official. However, as yet there has been no comment on its position regarding the law, which was originally touted as a success for good governance but which in practice is proving to be unfit for purpose.
See related stories on CNS:
Top lawyer warns boards about anti-corruption law
Cops clamp down on booze and drug fuelled crime
(CNS): Underage drinkers, drinking and driving, illegal gambling and numerous other petty crime and anti-social behaviour were at the centre of a number of targeted operations by the RCIPS this month. Concerned about the recent increase of anti-social criminal behaviour, the police began a proactive operation on 6 June to prevent and detect criminal activity, traffic offences, illegal gambling and breaches by liquor licensed premises. During a two week period people were arrested for drugs and weapons offences as well as theft and DUI, while dozens of drivers were ticketed for traffic infractions.
Between 6 and 19 June officers arrested one person in possession of a large quantity of ganja with intent to supply, four others on suspicion of possession of ganja, one for possession of drug utensils and possession of a prohibited weapon. Two people were arrested separately for theft of a motor vehicle and two suspected stolen motorbikes were recovered. Three suspects were also arrested for going equipped to steal.
Meanwhile, two drivers were arrested for DUI, another for driving without insurance and sixteen people were ticketed for using a mobile telephone while driving. Seven tickets were handed out for other minor traffic offences and one driver was also fined for using a vehicle with a tint darker than the legal limit.
Police are also clamping down on underage drinking. Two females, aged 16 and 17, were found at a bar on the West Bay Road, and while there was no evidence that they were consuming or purchasing intoxicating liquor, they were warned and they left the premises. The licensee of the premises was warned for allowing persons under the age of 18 to be in a bar.
“Our officers are extremely dedicated and committed to making our communities a safe place to live, work and visit, and we will continue to support the other operational strategies in bringing all resources to bear on tackling criminal activities and quality-of-life issues,” an RCIPS spokesperson stated. “We know, however, that we can’t do this without the help and support of the community, the media and other civic groups, and we appeal to all to continue supporting your local police and report criminal or suspicions activities.”
Spammers hide behind CAL e-mail
(CNS): The national flag carrier is issuing a warning to local internet users that spammers are using what appears to be its email to send out electronic messages to unsuspecting customers that contains a link to a Microsoft Word document hosted on a foreign website which could be damaging if opened. The subject line used by the spammers is “Appointment” Cayman Airways stated in its alert, and it appears to have been sent from Arthur Paul on behalf of Cayman Airways Express. “Recipients of this potentially malicious email should delete it immediately upon receipt,” an airline spokesperson stated.
“The email signature and the link contained in the email have been constructed so as to appear to be from Cayman Airways, but have no real association with the airline whatsoever,” CAL added, as it urged everyone to watch out for the fraudulent mail and to delete it.
Men freed in Carnival shooting case
(CNS): Two men who had been charged with attempted murder, possession of an unlicensed firearm and the unlawful use of a firearm during the Batabano Carnival this year were released by the court on Friday when the crown offered no evidence against the men as the complainant has refused to testify. Todd Bowen and Daniel Bennett were discharged Friday but were warned that should the person who was shot at, but uninjured, reconsidered his decision not to come to court or if any other new evidence came to light the men could be re-arrested.
Although police recovered a bullet from a tree at the scene in George Town following the shooting during the carnival in May when the streets were full of people, a firearm recovered from Bowen’s home was found to be a licensed weapon belonging to a family member. The local authorities have not stated whether or not the bullet found in the tree was a match for the seized weapon.
Syed to be tried March 2015
(CNS): The former president of the UCCI, who is accused of going on a spending spree on a government credit card to the tune of some $200k, will face trial in connection with allegations of theft and fraud next year. Hassan Syed (47) appeared in the Grand Court for the first time on Friday morning, when the trial date was set for 2 March 2015. The court heard that the indictment, which will allege some fifteen counts of theft, obtaining a pecuniary advantage and property by deception, had not been completed by the crown when Syed appeared and as a result the former university boss was not arraigned, although it is understood he will plead not guilty to all charges. Represented by James Austin of Campbells, Syed was bailed to return to court in November to enter his pleas.
Hassan Syed returned to Cayman from Switzerlandl ast month after being on the run for some six years. The crown had sought to extradite him but because he is currently fighting cancer he agreed to return if he could be bailed in order to receive treatment.
Syed is currently on a house curfew between 9pm to 8-30am and is wearing an electronic monitor. He is to report to police regularly and the court is holding a bond of $50,000. The local family with whom he is staying has put up a further surety of $400,000 based on their home. He has also surrendered both his Canadian and Pakistani passports.
Bullets cost newlywed $3000
(CNS): A visitor to the Cayman Islands was fined $3000 Thursday after he admitted having 50 rounds of ammunition in his luggage when he arrived at the airport last weekend for his honeymoon. Joshua Onkka (27) has escaped a potential seven year term jail for his guilty plea for possessing the bullets when he told the Summary Court he had inadvertently left the bullets in his bag following a recent hunting trip in Denver, Colorado, with his bride’s uncle. The newly we,d who works as an oil field labourer in Wyoming, was apologetic and contrite about the 9mm rounds as he accepted the fine rather than the 90 days in jail offered by Magistrate Valdis Foldats.
The two boxes of handgun bullets, each containing 25 rounds, were found in Onkka’s bag by customs officers at the Owens Roberts International Airport on Saturday 14 June after he had arrived on an American Airlines flight from Miami.
The magistrate explained to Onkka that he was carrying a “substantial amount of ammunition” and as a result was facing very serious charges since the Cayman Islands has a completely different philosophy on guns and related crime compared to the United States, where the laws are considerably more liberal towards firearms. Foldats explained the minimum sentence for firearms and said that had Onkka arrived with his gun as well he would have had been sent to jail for seven years. Magistrate Foldats warned that people needed to be aware of the laws of the countries they were visiting.
“I had forgotten all about it completely,” Onkka said. “I deeply apologize for any inconvenience I have made for anybody here. I really know now that you guys don’t mess around with this kind of stuff. And I’m sorry.”
Taking his prompt guilty plea into consideration as well as the circumstances of the case, Foldats handed down the $3,000 fine after the honeymooner opted to pay rather than serve three months in jail. The judge also said that the ammunition was to be forfeited. The court heard that Onkka was leaving Cayman Friday after he and his new bride had missed their flight home on Wednesday after his arrest.
Magistrate Foldats commended the customs department for their vigilance as it was observed that Onkka had passed through two airports, including Miami, with the ammunition in his bag but it was Cayman’s officers that had picked up on the bullets.
“It’s a credit to our customs services that they are that vigilant and that they’re concerned in terms of firearms and drug. It is a credit to our jurisdiction.”
Competitors and volunteers wanted for national meet
(CNS): The 2014 National Championships will be held at the Truman Bodden Sports Complex next weekend when local athletes will not only compete for national honours but to qualify for a number of upcoming international track meets. The athletic event starts on Friday, June 27 at 6:00pm and Saturday, June 28 at 4:00pm when some of Cayman’s best sporting talent will be on show. Organisers are also appealing for volunteers to help out at this important meet on the athletic calendar. Contact ciaaa.meetscommittee@gmail.com and see registration form below.
Margaret Ramsay-Hale gets top judge job in TCI
(CNS): The former chief magistrate of the Cayman Islands, Margaret Ramsay-Hale, has been appointed as the chief justice of the Turks and Caicos Islands. She joined the TCI bench as a Judge of the Islands’ Supreme Court in November 2011. Recommended to the TCI’s governor by the Judicial Service Commission she will assume her new position later this year when the current Chief Justice Edwin Goldsborough retires. "I have offered this position to Justice Ramsay-Hale this week, and I am very pleased that she has accepted it,” said Peter Beckingham, the TCI governor.
“I am certain that she will bring a great deal of energy as well as professional wisdom and experience to this very important job in the Turks and Caicos Islands. I would also like to pay tribute to the work of current Chief Justice Goldsborough. He has over-seen the judicial process at a difficult and demanding time for the country, and Turks and Caicos has benefitted greatly from his contribution," the islands’ UK boss said.
Born in Jamaica-born Ramsay-Hale holds a degree in economics from the London School of Economics in addition to her law degree from the University of the West Indies. As well as a successful legal career, Ramsey Hale is also a former model and also Miss Jamaica. Before going to TCI she came to Cayamn in 1998 and rose to the top job in Cayman’s summary court and also acted as a Grand Court judge on occasion.
Ramsay-Hale is the daughter of the late Jamaican attorney Ian Ramsay, QC, widely regarded as one of the best lawyers in the history of the Caribbean and the first Jamaican lawyer to become Queen's Counsel.