Archive for August 13th, 2014
Past time for Liquor Board change
Liquor Board chairman Mitchell Wells should have resigned or recused himself long ago, especially after he himself and two other members of the board declared a conflict of interest and walked out of the December 2013 session of the Liquor Licensing Board, forcing the adjournment of the session because of the lack of a quorum.
Considering that a conflict is so obvious and so glaring (both Mr Welds’ mother and son are liquor license holders themselves), it is equally obvious that his continued presence as chairman of the board serves to compromise the office itself. In fact, my attorney Clyde Allen, who attended the December 2013 meeting on behalf of Tortuga, made a statement to the board that because the chairman and the other two members of the board who had recused themselves had acknowledged that a conflict existed, it meant that all previous liquor license decisions that they were a part of could now be legally challenged. He also stated that all future decisions of the board could also face legal challenge.
It is an affront to the intelligence of all Caymanians for Mr Welds to merely shrug his shoulders and maintain that it is difficult to avoid conflict because the Islands are too small, when his immediate family members are directly involved in the liquor industry. Where direct conflict exists, a presumption of prejudice is immediately raised (whether real or perceived), and in any other country would result not only in an investigation but a call for the chairman’s resignation. I agree with a call for further enquiries and investigation into the issues raised by the internal report from the Department of Commerce and Investment and would urge the ruling members of government to show the courage and political will necessary to address the issues that arise from an enquiry.
It could never have been the intention of the framers of the Liquor Licensing Law for any one person to dominate a position on the Liquor Licensing Board for in excess of 25 years and sit as chairman for 12. In fact, Section 4 (3) of the Liquor Licensing Law (2000 Revision) states that members of the board, including the chairman, shall be appointed by the governor and shall hold office at his pleasure for such period not exceedingfive years as the governor may determine and who are eligible for reappointment. The definition section of the Liquor Licensing Law states that “governor” means “governor in council.” Governor in council refers to the leader of government business and the Cabinet of the sitting government, so Mr Welds has sat as chairman for 12 years under both the UDP and PPM administrations.
The fact that the law expressly refers to a maximum period of five years is proof that it was never intended that service on the board was to be perpetual. The question that needs to be asked is whether Mr Welds has ever been formally reappointed by the governor in council (the leader of government business and the Cabinet of the ruling party). If not, can it not be said that his position as chairman is invalid?
Thirty years ago, when my wife and I started Tortuga, the Hon. Lem Hurlston, Chief Secretary, was then chairman of the board; thereafter, magistrates were appointed, followed by the first justice of the peace 12 years ago. The intent of the law was to have someone with legal knowledge chair the board. Following recent court decisions, there has been a call for JPs to get some form of legal training because of the nature of their responsibilities. I think it is time to revisit the tenure of the chairman and indeed all board members. This is not about Mr Welds personally, but the office of chairman itself, and a desperate need for confidence in it to be restored.
Considering the obvious conflict, I believe the proper thing for Mr Welds to do is to resign; failing which, the powers that be should thank him for his years of service and ask him to step down. What concerns me, as well as many license holders, is that there are many young Caymanian attorneys qualified and talented and worthy of a JP appointment, who have not been considered by the UDP or the PPM for the role of chairman.
The liquor industry in the Cayman Islands is a significant player in the economy and an essential stakeholder in tourism. It creates many jobs, the trickle-down effect of which can be seen in the growth of huge hotels, restaurants, party boats, liquor stores and warehousing delivery, just to name a few. It is important that the members of the public and the primary stakeholders have confidence in the impartiality of the decisions of the board. As it stands now, that confidence is woefully lacking.
Cayman Chikungunya outbreak contained
(CNS): With no new cases reported to healthcare services in the Cayman Islands since the end of last month, public officials believe the limited outbreak of chikungunya virus here has been contained. Although a total of 16 cases have been investigated for the mosquito-borne disease since the first suspected case on 25 June, of the 14 blood results received so far only five have come back positive. While one was inconclusive, eight were negative and two blood samples sent between 5 and 11 August are still pending. Four of the five positive patients had travelled to areas where the virus has taken hold and only one person, a resident of Savannah, appeared to have acquired the disease locally.
“The total confirmed cases of chikungunya remain at five as reported on 28 July 2014. Since then there have been no new confirmed cases,” said Medical Officer of Health Dr Kiran Kumar. “The date of onset of the last confirmed case was on 22 July 2014 and the date of onset of locally acquired chikungunya was on the 11 July 2014, an indication that the outbreak is contained.”
To date, 6,924 confirmed/probable cases of chikungunya have been reported with 885 cases from 20CARPHA Member States and 6,039 cases from 11 other Caribbean countries or territories. Total suspected cases are 567,529.
Regional updates can be accessed byvisiting the CARPHA website. In addition United States updates are available from the Centers for Disease Control and Prevention.
For advice on how to control mosquitoes in your yard, contact the MRCU on 949-2557 in Grand Cayman or 948-2223 in Cayman Brac; and DEH on 949-6696 in Grand Cayman or 948-2321 in Cayman Brac.
Machete attack in BT
(CNS): Police have arrested a 42-year-old man in connection with what appears to be a brutal machete attack on a woman in Bodden Town this evening. It is understood that she has been badly injured and sources tell CNS she is currently undergoing surgery. An RCIPS spokesperson said officers were on the scene of the incident, which is understood to have taken place at around 6:30pm. Police have not yet stated whether the woman's attacker is known to her but other sources have reported that this is a serious domestic dispute. Police have said that further details will be released to the public in the morning. Check back to CNS for updates.
Dialysis unit not at fault
(CNS): Following the death of one patient and medical complications in three others who had all received treatment at the HSA's dialysis unit over a three day period last week, an expert has stated that the unit itself is not at fault. Although one person had a fatal heart attack and a second remains in intensive care, the implication from the Professor of Medicine and Nephrology at the University Hospital of the West Indies is that the death and the three other medical incidents are down to coincidence in a high risk group of patients. Professor Everard Barton, the regional expert in kidney disease, gave the local unit the all clear Tuesday and concluded that there was no link between it and the death or complications.
Health Minister Osbourne Bodden said that Professor Barton was brought to Cayman "out of an abundance of caution" because of the four incidents in the dialysis population, which includes around 50 patients.
"Professor Barton reviewed patient records, met with doctors, nurses and biomedical technicians, inspected machine service and water quality logs and has concluded that there is no link between the dialysis unit, dialysis treatments, medical or nursing management and those four incidents," officials from the HSA stated.
Professor Barton found that despite the patients' "challenging and complex co-morbidities, the dialysis treatments and general clinical management in the dialysis unit is exemplary". He said that the quality of the water and the management of the water treatment system all meet international standards of care.
Bodden added that he was comforted by the professor's findings but said that more importantly the expert's findings provides reassurance to the patients and staff. The minister said he hoped that any speculation about the standards or safety of the unit could "now be put to rest", as staff continue to deliver a quality service for those in need.
The minister offered his condolences to the family of the deceased patient.