Archive for August, 2014
Credit card scandal rolls on
(CNS): Following the recent revelations by the auditor general over the misuse of government credit cards, hospitality and travel expenses by senior government officials and ministers, samples of credit card statements that illustrate the extent of the abuse have been passed to CNS by a reader. The statements, which come from various government departments, show politicians and public sector employees spending extravagantly on the government dollar while at home and overseas and undoubtedly using the public sector cards for personal use, including expensive purchases for jewellery as well as for general shopping in US department stores. There is no indication, however, on the released records when any personal costs were paid back or whether any minister or civil servant was ever questioned about non-business related charges.
The sample credit statements of government credit cards given to CNS and published below are extracts from the spending records of KurtTibbetts and the card used at times by Arden McLean when they were ministers during the PPM administration between 2005 and 2009 and a record of the spending of Juliana O’Connor-Connolly when she was a minister and premier during the last UDP and minority government between 2009 and 2013.
The documents also include snapshots of the spending records of chief officers Kearney Gomez, Carson Ebanks, Alan Jones and Gloria McField-Nixon. The records have been given to CNS by a reader who wishes to remain anonymous and we are unable to say why this particular group of civil service bosses and these ministers were singled out but CNS is currently working on a number of other FOI request relating to the details of government spending on hospitality and credit cards for public sector bosses, politicians and the governor’s office.
The random selection of credit card statements gives further credence to the allegations of abuse made by the auditor general in his latest reports that whatever credit card policies were in place in the past, both ministers and top civil service bosses were ignoring them.
It is evident that the cards were used to buy booze, despite the understanding that alcohol cannot be purchased on government credit cards. The cards were also used in US department stores, clothing outlets, duty free shops, jewellery stores and specialty stores in the US, such as Bed, Bath and Beyond, making it hard to see what business related purchases could have been made at these establishments.
Credit Card holder D, who from the records released appears to be Arden Mclean, used that card on Christmas Eve 2007 to purchase a $3,500 watch from Kirk’s Jewellers at the Bay Shore Mall in George Town. Meanwhile, despite having a house in her constituency of Cayman Brac, the credit card records show the now well documented but as yet unexplained record of Julianna O’Connor-Connolly spending thousands of dollars on rooms at the Brac Reef Resort and the Alexander Hotel during her time in office as a minister and then premier between May 2009 and March 2013.
All of the records also show an extravagance when it comes to the places civil service bosses and ministers were staying when travelling, with Four Seasons and Ritz Carlton Hotels coming up frequently. When it comes to meals out and entertaining, bills appear to have been submitted with little consideration for the public purse as the officials wined and dined in expensive restaurants at home as well as overseas.
See released records attached below and related story links here:
CIG runs up $8.6M travel bill (9 June 2014)
ACC to look at travel audit (11 June 2014)
West Bay Road appeal to be heard in November
(CNS): Four ladies from the district of West Bay who are pressing on with their legal case over the closure of the West Bay Road by government under an agreement with Dart, the largest developer in the Cayman Islands, will have their appeal heard in November, the appeal panel confirmed Monday. The ladies also heard that the Attorney General’s Chambers will not be seeking its costs for the appeal even if the ladies lose in what has been seen as a wider public interest case. Dart, however, was not as generous and argued for its costs. But while the islands' wealthiest investor wished to reserve the right to claim costs should the women lose the appeal, the court has limited the scope since there should be no further arguments made by the developer in addition to those presented by the AG.
The legal dispute over the closure of the West Bay Road was lost by Alice Mae Coe, Annie Multon, Ezmie Smith and Betty Ebanks in the Grand Court earlier this year as the judge ruled that the women were out of time.
As a result Justice, Justice Alex Henderson did not go onto consider the merits or otherwise of their claim that the government was wrong to enter into the deal with Dart in the way it did and the unconstitutionality of the deal. Although there are various human rights and other constitutional questions raised by the case, none of the issues were addressed by the court.
The women said Monday, however, that they believe their case has significant merit. They also said that they have solid grounds of appeal regarding the timeline because of the uncertainty surrounding when the deal was official between the signing of the first so-called NRA agreement in December 2011 to the actual gazetting of the road closure in March 2013.
Speaking about the short appeal case management hearing on Monday, the ladies said they remained determined to press on and were pleased that the attorney general, who is representing the government in this appeal, had made it clear to the court that, regardless of the outcome, it would not seek to recover costs from the women.
Annie Multon explained that this was particularly important to them now as they are funding the project from their own pockets and with the support of the wider group that continues to back their position that the closure and the way it happened was unlawful. With many Caymanians and legal residents still concerned about the deal as a whole, as well as the closure of the road, the women have been able to fund the appeal so far but they are hoping to raise more cash to cover their legal costs to continue what they say is a very significant legal battle which is about much more than the closure of a stretch of road.
No sex in jail house weddings
(CNS): Despite the common misconception that prisoners housed at HMP Northward enjoy an easy life, including marital benefits, the prison director has confirmed that jail house weddings convey no particular advantage to prisoners and do not lead to conjugal visits. Neil Lavis said that no serving inmates at Northward are allowed private visits with their spouses and those prisoners who choose to marry while serving a sentence receive no particular benefits as a result of formalising their relationships with their partners on the outside. The prison boss told CNS that the jail sees around two wedding ceremonies per year and although prisoners have a right to marry should they wish, Lavis says he encourages most inmates to wait until they are released before tying the knot.
Lavis said that prisoners and their partners are offered counselling before marrying and he advises people to wait for obvious reasons.
Following the news that Brian Borden, who was convicted last month of the murder of Robert Mackford Bush in a gang related killing, had married his girlfriend in a wedding ceremony at the prison, Lavis confirmed that like any other prisoner Borden had a right to marry. However, he said, there would be no advantage to him as an inmate who is now convicted of murder and serving a mandatory life sentence or his new wife because of their decision to marry.
Lavis confirmed that jail house weddings follow a set format: the ceremony is performed in the prison chapel, and prisoner and spouse are able to invite up to ten friends and family to the celebration. After the ceremony the inmates can enjoy around 30 minutes socialising and eating with their guests but the entire wedding is supervised by prison officers and there are certainly no champagne corks popping.
The couple are not allowed to be alone at any timeduring the nuptials, Lavis explained, adding that there is no policy at all at HMP Northward which allows any prisoner to visit in private with a legal spouse.
Although some prisoners who have been serving life or long sentences and are likely to be released on license in the near future are allowed to visit their familiesas part of the transition to release, they are still not given any privacy visiting rights in the prison itself.
Public Holiday dates released for 2015
CNS): The deputy governor’s office has confirmed the official list of public holidays for next year, with the exception of the Queen’s Birthday holiday. Although the royal celebration is expected to take place on 15 June in 2015, officials said it will be confirmed later. Meanwhile, as Boxing Day next year falls on a Saturday, the corresponding public holiday will be observed on Monday 28 December, creating a long weekend for the Christmas celebrations in 2015. In total Cayman will enjoy its usual eleven public holidays spread out across the year. See full detailed list below.
Teaching is not a business
(New York Times): Today's education reformers believe that schools are broken and that business can supply the remedy. Some place their faith in the idea of competition. Others embrace disruptive innovation, mainly through online learning. Both camps share the belief that the solution resides in the impersonal, whether it’s the invisible hand of the market or the transformative power of technology.
Neither strategy has lived up to its hype, and with good reason. It’s impossible to improve education by doing an end run around inherently complicated and messy human relationships. All youngsters need to believe that they have a stake in the future, a goal worth striving for, if they’re going to make it inschool. They need a champion, someone who believes in them, and that’s where teachers enter the picture. The most effective approaches foster bonds of caring between teachers and their students.
Law firm helps transfer puppies to safety
(CNS): With the local Humane Society bursting at the seams and struggling to cope with the numbers of abandoned and stray animals in Grand Cayman, a local law firm has used the cash from its charity fundraising days to send thirteen puppies and dogs rescued locally overseas to help ease the pressure. The news comes in the wake of serious concerns about packs of wild abandoned dogs roaming West Bay attacking pets in the community. Although the reports caused outrage in the community and the Department of Agriculture has said it will be dealing with the pack, the dogs involved were still roaming the neighbourhood throughout the weekend.
However, working in partnership with Canine Friends, Appleby (Cayman) is at least doing something to address what is now a serious problem, funding the relocation of the animals to Pets Alive Westchester in Elmsford, New York.
Five dogs — Declan, Douglas, Daisy, Dillon and Dexter — were sent to the no-kill shelter and are ready to start the rest of a happy life overseas, according to Tracey Goldie, a member of the Feline Friends committee, parent organisation of Canine Friends.
Alice, Horton, Jo-Jo, Mayzie McGrew and Sam-I-Am, who were born to rescued dog Brinkley about nine weeks ago and have been living in Goldie’s house, were transferred over the weekend. They were joined by Darius, Davidoff and Dimitri, who were rescued in July and were suffering badly from malnourishment.
Animal welfare is one of three primary areas that Appleby is supporting this year through its Charity Day.
“The safety and well-being of domestic animals is important to our staff,” said Bryan Hunter, Managing Partner of the Cayman office. “We are delighted to see that the donated funds have already been put to good use and that the puppies are well on their way to finding new homes thanks to our help.”
Canine Friends was established in 2012 and has since rescued 103 puppies and adult dogs from the Department of Agriculture. Canine Friends has also facilitated the transfer of over 300 dogs to no-kill centres in the United States and Canada, such as Pets Alive Westchester.
Activist wants ministry probe
(CNS): A local woman currently facing charges of “uttering a false document” regarding allegations made against her by the education ministry has filed a complaint with the RCIPS against that ministry for the same offence in connection with the controversy over a doctored report. Sandra Catron has asked police to investigate the circumstances around changes made to a report on government schools, which hit the headlines recently, as she states that it is evident somebody has altered the original report and is guilty of an offence. The RCIPS have confirmed receipt of her complaint but have not yet revealed publicly if they are investigating staff at the ministry.
Following her email to Police Commissioner David Baines lodging the complaint, Catron received an emailed response from a detective chief inspector in the Financial Crime and Joint Intelligence Unit, Claudia Brady, who said the complaint was being followed up.
“This email serves as notice that the FCU is in receipt of your email sent to Commissioner Baines regarding the issue at the Ministry of Education. We will be conducting enquiries and will update you accordingly,” the officer wrote.
Catron is currently facing charges of “uttering a false document” as a result of a complaint against her filed by the education ministry regarding the controversial Nation Building Fund.
The prosecution claims that Catron issued certificates for students on NBF scholarships for a course she managed before they had completed those courses. However, Catron has denied the allegations and states that copies of certificates were given to the administrators of the fund in the premier’s office at the time at their request not to the students.
However, she said that the circumstances surrounding the recent controversy over this report are serious and believes the law must apply equally and everyone should be held to the same standard when it comes to the law.
“All evidence points to the fact that someone had purposely changed the consultant’s report so that it would mislead members of the Legislative Assembly and public. Whoever instructed or permitted this act to happen has clearly doctored a government document and attempted to pass it off as an original which is the very definition of “uttering a false document”. When it comes to enforcing the law the RCIPS and DPP appear extremely motivated to convict some persons but not others. I am a firm believer in equality under the law and wish for justice to be applied equally to all,” she said.
The issue comes out of the revelations in the Legislative Assembly during the recent Finance Committee meetings following the budget debate that a report into the state of government schools and the behaviour of both children and teachers had been sanitised. In 2012 consultant Dr David Moore was hired by the ministry to do the study but his report was heavily redacted by someone, which resulted in a doctored version being published the following year. The damning report raised numerous concerns and a comprehensive list of recommendations but this was slashed to a few points.
Various statements from those involved, including the chief officer, have still not made it clear who doctored the report, under whose instructions and why. Catron states that at the moment the situation fits the definition of the offence of uttering a false document and that government workers, like everyone else, should be treated equally.
“All civil servants should understand the term 'maladministration' and comprehend that their actionscan and will lead to legal action being taken against them. Sadly, we have allowed the wastage of government funds, poor customer service and illegal decisions to go unchallenged to for far too long,” Catron told CNS this week following her complaint to the police.
“It’s amazing that a civil servant would actually consider changing such an important document without any consideration for the illegality of it. I believe once the RCIPS carries out a proper investigation they will find out this is not the first time this has occurred. It certainly makes one wonder why we, the people, are even bothering to hire consultants and pay them hundreds of thousands of dollars when we have civil servants willing to manipulate the reports,” she added.
See related story and relevant documents here:
Killer gets another 20 years
(CNS): Already serving two mandatory life sentences for murder convictions, 31-year-old Raziel Omar Jeffers was given a 20 year jail term by the chief justice on Friday for the manslaughter of Marcos Mauricio Duran. Chief Justice Anthony Smellie said there were no mitigating circumstances in the case, and given Jeffers' previous offences and his lack of remorse, the sentence had to fall at the upper end of the guidelines. Despite the anticipated introduction of tariffs next year, Jeffers is looking at a lifetime behind bars. He, like other lifers, will be able to apply to the court to set a tariff to the two life sentences but the tariff is merely a starting point for the consideration of parole and not a release date.
Jeffers was not accused of pulling the trigger in this case but of masterminding a robbery and arming young 'soldiers' from the Birch Tree Hill gang for the job. Austin Jackson and Craig Johnson, who the crown said in Jeffers' trial were part of the hold-up in which Duran died, and Joshua Ebanks, who the crown said was the one who shot him, have never stood trial in regards to the fatal robbery in West Bay in March 2010. Jordan Manderson was charged and tried for his murder but was acquitted in June 2011.
Jeffers, who is now serving two mandatory life sentences and one 20 year term, has continued to deny all of the allegations against him.
His local legal representation has not yet stated whether or not they will appeal this latest manslaughter conviction but they confirmed Friday that the team is already working on an appeal for his conviction for the murder of Damion Ming earlier this year.
Jeffers has already lost one case in the Cayman Islands Court of Appeal for the killing of Marcus Ebanks and the attempted murder of four other boys on the same evening outside Bonaventure boys home in West Bay in July 2009, but his team is seeking to overturn his conviction in relation to the Ming shooting based on errors in the judge’s directions to the jury. Ming's death took place in Birch Tree Hill in March 2010, just days after the Duran killing,
As in the case against Jeffers for the killing of Duran and his conviction for the murder of Marcus Ebanks, the evidence against him in the Ming shooting was based heavily on a confession Jeffers made to his girlfriend about the three killings. In three trials the defence team was unable to break the testimony of Meagan Martinez, who has been unwavering in her account of the confession.
Her testimony regarding Jeffers' confession to her about his crimes was admissible in his trials but, under the hearsay law, would not be admissible in the trial of any person who was not present when the confession took place.
Martinez, who is the mother of Jeffers' son, is currently in a witness protection programme and is living overseas. But during the trial she raised her concerns about the extent of that protection and how long it will endure now that the crown has prosecuted all three of its cases against Jeffers.
Related stories on CNS:
Jeffers guilty of third killing (18 August 2014)
Jeffers guilty of killing Ming (3 April 2014)
Judge finds Jeffers guilty (23 February 2012)
Teen not guilty of murder (21 June 2011)
Fire fighters wrestle with another dump fire
(CNS): Fire crews were busy battling yet another major blaze at the George Town dump on Sunday morning after some 5000 square feet of the main landfill ignited. Officials from the fire service said that the fire was reported to 911 at around 11:15 am. Domestic fire crews were sent immediately to the dump and found a visible fire with flames covering roughly 5000 square feet. A considerably blaze, crews attacked it aggressively to prevent it from becoming a more massive fire. Although the fire was brought under control within an hour and a half with the help of the DEH excavator operator overturning the burning debris.Crews remained on the site throughout Sunday and into Monday morning and were expected to remain there until the risk of reignition abated.
The latest dump blaze comes hot on the heels of a blaze less than one week ago that occupied firefighters for several days and is now part of a regular occurrence, despite the recent investment in new equipment a commitment to purchase the necessary marl to prevent the dump from igniting.
With a holistic solution still some two years away as a result of the need to follow the process set down by the UK and adopted into local legislation, the minister with responsibility for the dump has committed to dealing directly with the immediate equipment and resource issues, however, despite the historic problems associated with the dump the fire problems have intensified in recent months.
Officials confirmed that firefighters would stay at the landfill to continue saturating all of the smoldering area until the fire is completely extinguished and were understood to have done so thoroughout Sunday night.
Brac man attacks ex and her new lover
(CNS): The police chief on Cayman Brac has issued a warning to residents there that domestic violence will not be tolerated after a man was arrested Saturday morning following a violent attack on his ex-girlfriend and her new partner. Officers from the Brac police station arrested the 38-year-old man on suspicion of wounding, aggravated burglary and damage to property. Chief inspector Frank Owens said the man was suspected of forcibly entering his former lover’s home on the Bluff and then attacking her and her boyfriend with a knife and a machete. The man fled the scene before police and medics arrived. The couple were taken to the hospital, where they were treated for non-life threatening injuries and released.
Officers then began a broad search of the island and located the suspect a short time later and he was taken into custody. He has since been transported to Grand Cayman, where he remains in police custody ahead of a court appearance on Monday morning.
“Any forms of domestic violence here in the Sister Islands will be treated with zero tolerance and the full force of the law will be utilised," CI Owens said.
A 42-year-old man was arrested on Saturday for making threats to witnesses in connection to the incident. He is currently on police bail.