Archive for September, 2014
Armed men rob grocery store
(CNS): Shots were fired by armed robbers on Wednesday night when they held up a grocery store in Prospect and stole over $1200. At about 8:18 pm last night (24 Septemebr) two masked men each armed with silver handguns entered the McRuss Grocery store at the intersection of Shamrock Road and Marina Drive. The robbers approached the 36 year old female cashier working in the store and demanded the cash from the till. One of the robbers had a black rucksack which they used to fill with cash. Two shots were then fired before the robbers made their escape towards the store’s car park and disappeared. (Photo courtesy of Cayman27)
Alongside the cashier a 42-year-old male customer was also in the store but despite the discharge of the firearm no one was physically hurt in the stick -up. The men stole a total of CI$1,202.77 from the store that has been the victim of several robberies over the last few years.
They armed robbers were described as tall and slim build, dressed in all black clothing. They wore dark gloves, baseball hats, and they had dark T-shirt type masking around their faces. They both spoke with a Caymanian accent.
Anyone who may have witnessed the incident or who may have information that could assist police investigation is asked to contact DC Dyer or Sergeant Lloyd Hickey at 949-7710 or the RCIPS tip-line 949-7777, or Crime Stoppers on 800-8477 (TIPS).
Book worms reap rewards from reading contest
(CNS): Ten -year-old Thomas Sevick, a student from Cayman Brac read for almost 5500 minutes this summer in the library service’s Summer Reading Challenge. Thomas took the top prize in the contest way ahead of his next rival, nine-year-old Sahara O’Connor, from Grand Cayman who came second with a total of 3,761 minutes. Both kids won bicycles and helmets courtesy of sponsors Cox Lumber and the Library Service but dozens of other youngsters who took part also won prize for participation, including iPads, iPods, games, toys, activity packets and more. Overall 74 students took part in the literacy initiative during the school break.
The annual summer challenge is designed to encourage children between the ages of six and 17 to read age-appropriate books, for a minimum number of days and minutes during the summer. It aims to combat any regression in young people’s abilities during the long summer break,
Director of the Public Library Service Ramona Melody said she was delighted with the success of this year’s challenge which was supported by parents, friends and organizations. “I am confident that the programme will continue to grow, and to help our children become strong readers,” she said. “Reading skills are important to success in school and work. Furthermore the results of the Summer Reading Challenge confirm that reading can be a fun and imaginative activity for children, which opens doors to all kinds of new worlds for them.”
At the end of the summer, the Library sends a letter to school principals advising them of students who completed the challenge.
Vegas witness reveals Mac’s c/c PIN was working
(CNS): An employee of Global Cash Access Incorporated, a company offering cash services at casinos throughout the United States, explained Wednesday how McKeeva Bush had taken advances on his CIG credit card using both their ATMs and cashier services. Testifying via video link from Las Vegas, Jonathan Marquez confirmed the use of the former premier’s card on several occasions from the crown’s documented list of transactions at the firm’s ATMs, where he had used a PIN to access money, despite telling his government colleagues that the PIN for the CIG card did not work. Bush had said this was why he had used casino cashier services to get money he needed for medicines and security staff when travelling.
The fraud expert from the company, who supplied the crown with the documents supporting Bush’s use of his own credit cards as well the government card, went through various transactions the former premier made in casinos. Appearing mid-way through the deputy governor’s evidence on Wednesday, the court interposed the evidence as it was delivered on a live video connection.
Marquez explained that Global Cash Access offered people access to money via ATMs in the casinos on their debit or credit cards and that they also allowed people to make a cash advance with a teller, which was a way of circumventing the daily limits placed by banks and credit card companies on cash withdrawals on most cards. He confirmed that Bush had taken cash from cashiers and ATMs in several different casinos, including the Venetian, which was described as a major casino on the strip.
The witness indicated several late night and early morning cash advances that Bush had made on his cards in casinos in Las Vegas and Florida on his government card, as well as his own in the ATMs using a PIN to get cash. Then, in some examples on the same night Bush would use the cashier services, where he would sign on a transaction for a cash advance, which would give him access to much larger amounts and get round the cash limit for any twenty-four hour period. The witness confirmed Bush’s largest single cash advance transaction on the corporate card was $4,000.
He also confirmed that the crown’s documents demonstrated that Bush would sometimes use the ATM service with a PIN number until he exceeded his daily limit, and then after failed attempts move on to the cashier and direct advances.
Following his arrest regarding the cash withdrawals, according to their evidence, Bush had told several senior civil servants, including Kenneth Jefferson, Sonia McLaughlin and Franz Manderson, that because his PIN did not work and he had difficult using the card in ATMs, he had used cash advance services in casinos to get the money he needed to buy medicines and armed security when travelling overseas.
Latest traffic clamp down nets rogue drivers
(CNS): The RCIPS doled out tickets to a dozen drivers on Wednesday during the latest traffic clamp down. Although the cops are focusing on unsafe loads after issuing warnings last week about the dangers associated with overloaded or badly loaded trucks, they were also on the look-out for other offences. Uniform officers from the George Town Police Station carried out the traffic checks along Huldah Avenue at the junction of the Smith Road Oval on 24 September. An RCIPS spokesperson said that more than 12 people were prosecuted for traffic offences ranging from unlicensed vehicles, driving without insurance and failing to wear seatbelt.
The offence of unsafe load is one of the key offences being targeted as well and the operations will continue the police stated. The Department of Vehicle Licensing are also partnering with the RCIPS on these traffic operations.
Sea level rises not yet detected in Cayman
(CNS): The lands and survey department says there has been no significant movement of the sea level on either Grand Cayman or the Sister Islands. Despite two recent earthquakes and the very high tides experienced in the last few weeks, the local experts claim that no major geographical changes have taken place. With all low-lying islands like the Cayman Islands and coastal nations keeping an eye on ocean rises, officials from L&S said they were continuing to reassess mean sea level data as a priority and several tide gauges have beeninstalled throughout the Islands. “This is a high-priority, long-term project,” added Rupert Vasquez, the L&S director.
The tide gauges measure the extent of the recent high tides and compare them to data from previous years. Data collected recently indicates that, whilst sea levels at high tide have been higher this month, there has been no discernible long-term upward or downward movement of the sea level of Grand Cayman or the Sister Islands.
The combination of high tides and two short earthquakes measuring over 5 on the Richter scale this month, focused attention on the issue of sea levels as well as landmass elevation and the possible connections between the two.
Both quakes were detected south of Grand Cayman on Wednesday, 3 September registering 5.1 and 5.2 on the earthquake measure Richter scale. L&S said there were no horizontal or vertical changes in position recorded for these Islands after the two events.
While Hazard Management Cayman Islands (HMCI) monitors quakes and other potential disaster it partners with L&S and other agencies regarding the science and geological impact.
Vasquez explained his department is responsible for the, “accurate and efficient land surveying in the Cayman Islands,” and the National Control Network forms the critical component of local infrastructure services. Data from the Cayman Islands’ Continuously Operating Reference Stations, the specialist tools used to measure geological shifts from the recent quakes was compared with data from Florida, Mexico and Jamaica. The results showed show no notable local differences detected before or after the earthquakes. In both cases, the differences measured in our geographic position varied by only a few inches and considered “normal”.
Vasquez said L&S staff members continue to conduct detailed investigations and intensive monitoring, following these occurrences.
The monitoring is largely out of public view as the experts use hundreds of ground-based monuments and four continuously-operating GPS /GNSS base stations all part of a wider Caribbean network. The data is collected in real-time, monitored and stored locally, then shared online with the international community through the United States National Geodetic Survey (NGS).
Tectonic movement is a natural phenomenon, and the technology used by L&S is showing interesting movements. The monitor positioned on the roof of the new Government Administration Building in George Town indicates that the Cayman Islands is moving steadily but slightly towards the west, at less than half of an inch annually.
However, if sudden and unexpected tectonic plate movements occur they are detected by the monitors and shared with the American National Geodetic Survey, which compares the data across the western hemisphere.
For details on local earthquake monitoring, and to see the live graphs, charts and maps, visit: http://earthquaketrack.com/r/cayman-islands/recent
FOI reveals lost document
(CNS): The Education Ministry appears to have lost a 2011 report requested under the freedom of information law but has refused to make public an updated 2014 document, despite the fact that at least some of the information is now in the public domain anyway. The Information Commissioner’s Office (ICO) is also of the opinion that the applicant, which is CNS, has grounds to appeal the refusal. The information requested pertains to the amalgamation of the primary schools on Cayman Brac – which has since been revealed as one of the proposals made in the Ernst & Young report on the rationalization of government. Unlike the information requested, this was released into the public domain on 9 September in the spirit of openness and transparency.
On 18 February this year CNS requested a 2011 document regarding proposals for cost savings for the provision of education on Cayman Brac; the PowerPoint presentation regarding this proposal produced in 2011; any updated report on the same subject (proposals for cost savings for the provision of education on Cayman Brac) that has been produced since 2011; and the current enrollment figures and teacher/student ratios of all government primary schools and the Lighthouse School.
The ministry released the teacher/student ratios requested but refused the other documents regarding the potential cost savings of amalgamating the Brac primary schools.
The savings of this proposal is now known to be estimated at $600,000 per year. The E&Y report (see below, page 76) also lists the potential educational benefits of the amalgamation, which includes more time per student for PE, music and art, more scope for ensemble music and team sports, and more classes of optimum size (15-25 students).
Furthermore, the reports says, although five teachers’ and one principal’s posts would be lost, the headcount savings could be put towards a speech and language therapist based on Cayman Brac.
Also noted was the potential to use the existing Spot Bay campus for the relocation of the UCCI Brac campus, thus saving rent for the local university.
Potential risks and issues listed by E&Y focused on public perception by Brac residents. The loss of professional jobs on the island “may meet with resistance”, the consultants noted. They also pointed to additional transportation time for some parents, but noted that existing school transportation services could be extended to those affected.
“The loss of certain teachers who are highly regarded by the community may be controversial,” the report said, but outlined how this too could be mitigatedby offering support and career development for younger Caymanian teachers to transfer to Grand Cayman to develop skills and experience.
Nevertheless, while the public now has what information is in the E&Y report, the ministry continues to withhold their recent report on the subject, which might offer the public a better understanding of the proposal, on the grounds that it was prepared for Cabinet. It has also, apparently, lost the original document about this proposal prepared three years ago and, in the FOI response, completely ignored its one-time existence.
The ICO said in its response to the appeal by CNS: “In regards to record keeping, the ICO notes that each Public Authority has an obligation to keep accurate records under the Public Record and Archives Law. In this case existing records appear to have been updated and no record of previous versions was kept. That is the Applicant requested 2011 documents, which appear to have existed at some point, but received records dated 2014.”
CNS appealed the refusal by the ministry on two counts and ICO Analyst Clara Smith in her report to asses the grounds for appeal said that while it was possible that the ministry had grounds for refusal, it had not supplied any documented evidence to support its claims.
Investigating whether the disputed records were, as the ministry maintained, opinions, advice or recommendations prepared for Cabinet, the analyst saidthat the records did not appear to indicate this, nor did the cabinet minutes provided by the ministry regarding this issue reference the relevant documents.
The ICO was provided with a Ministerial Affidavit, and said the minister “indicated that the responsive records were created for her view” (which the 2011 could not have been). However, the ICO noted that meetings of cabinet and subcommittees “were not discussed in the affidavit”.
The FOI watchdog analyst also looked at whether releasing the records would inhibit the free and frank exchange of views, as the ministry maintained.
in her response on behalf of the ministry, the chief officer at the time, Mary Rodrigues, had stated that “… civil servants must be able to share all possible options and provide advice and recommendations freely and frankly to be considered by senior management and by policy makers to ensure decision making processes are robust. Releasing records – particularly before a decision has been made on the proposals – would likely restrict the open dialogue that currently exists within the Ministry to share ideas and opinions which often include ‘thinking outside the box’.”
However, the ICO said that the records did not show the views of individual civil servants; that the names within the documents were those of senior ministerial officers; and that the recommendations were evidenced based practical measures.
The ministry had claimed: “It would not be in the public Interest for public servants to be restrained in the execution of their duties by the fear of the proposals they make – particularly if those proposals are not accepted by the government and contain recommendations that would be unpopular among general population – being made public under that FOI law.”
However, the ICO said that the arguments to support this argument “were not convincing given the specific circumstances of these records. In particular, that the recommendations were made by senior civil servants who should have an expectation of accountability should be addressed. Furthermore, the recommendations were not unusual given the circumstances. There was at least a possibility that the recommendations would have been well received. There is no evidence provided of the actual repercussions for these civil servants that would result in future inhibition.”
Following the ICO report, the ministry has now released the names of government officialsand Cabinet members present at a focus group meeting with parents (understood to be the presidents and vice-presidents of the Brac PTAs) and Education Council members, even though CNS had amended the original FOI request to exclude the names of civil servants involved.
Related articles on CNS:
CNS: The article has been amended. an earlier version indicated that the ICO had made a decision on the matter.
Taylor had champagne on ice
(CNS): The former governor of the Cayman Islands had intended to enjoy a quiet “bottle of bubbly” once McKeeva Bush had been arrested, the court heard Wednesday as the former premier’s defence attorney read from a number of emails between Duncan Taylor and an FCO official named in the court as just "Tony". When Geoffrey Cox QC continued to probe Manderson about his involvement in an alleged conspiracy, he revealed more emails that demonstrated Taylor’s eagerness to see the premier arrested before the 2013 election on the current as well as other charges that were pending but never brought against Bush for more alleged abuse of his CIG credit card.
Cox read from the correspondence sent to the FCO updating "Tony" on the ongoing investigations where Taylor spoke about breaking open the champagne once Bush was arrested and charged. He had written that he believed “there would be a huge sigh of relief across the Cayman Islands” when he was eventually charged, at least in the credit card case.
As Cox probed Manderson over his part in the alleged political conspiracy to oust Bush from office, he pressed him about a meeting with the governor and the UDP Cabinet after his client’s arrest. However, Manderson persistently denied being present at any meeting where the governor had tried to persuade Bush’s then Cabinet colleagues to vote against him ahead of the no confidence motion in the LA following the arrest and after Bush had refused to step aside.
In the wake of the subsequent charges against Bush in March 2013, further emails from Taylor to "Tony" spoke about the governor’s desire to ensure that other charges which were expected to be added to the indictment against Bush were exposed.
These related to more alleged personal use of the card in New Orleans. Taylor told his FCO colleague that he “had tipped off” a local journalist so they could check the court records and write a report about the growing case against Bush.
Cox probed Manderson about his knowledge of the damning correspondence but the deputy governor continued to state that he did not know about the emails or the position that the governor was taking. The attorney described the governor’s actions as deliberately trying to “maximize the harm” that the arrest and charges were causing the serving premier as he accused the UK’s representative of disgraceful behavior. He suggested Taylor had deliberately sought to make matters worse for Bush and ensure his downfall.
The attorney also questioned Manderson over comments that Taylor made about the director of public prosecutions when it turned out that no further charges were brought against Bush. In his correspondence with "Tony" the then governor had implied that her office could have made some kind of an agreement and even “colluded with Bush’s attorneys” to prevent the extra charges being laid.
Manderson said that any urgency surrounding the arrest and charges against Bush was because everyone wanted the matter brought to a swift conclusion and resolved. He said the case had gripped the Cayman Islands.
“It was a sad day in our history,” he said, adding that there was a concern that the issue was dealt with as quickly as possible.
Manderson disagreed with Cox's suggestion that Taylor’s interference and intentions were politically motivated. The deputy governor described discussing various hypothetical scenarios with the governor about the possibleoutcomes of the investigations against Bush and the need for them to prepare and manage any eventuality relating to the case, whether he was charged before or after the election or not charged at all.
Under redirection Manderson later spoke about the constitutional role of the governor and his overall responsibility for good governance and that he was directly in charge of the police.
“The governor is responsible for good governance and when someone in high office is suspected of wrongdoing he had an obligation to see everything was done properly and progressed on both sides,” Manderson told the court.
As he concluded his evidence, Manderson said that he had been briefed on the eve of Bush’s arrest because he was acting as governor at the time. He had gone to a function the evening before and sat by the premier knowing he was to be arrested the next day, he said. However, despite knowing the premier and being friends for many years, he could not speak about it.
He described it as "a very, very difficult time".
Ex-minister wrongly shamed
(CNS): The former health minister is no longer a director of the paving company ARCP that was named and shamed by the department of labour’s enforcement unit this week. Mario Ebanks, Department of Labour and Pensions director, said that due to staffing issues an error had been made and Mark Scotland should not have been named on the list of employers breaching labour regulations, as he apologised to the ex-minister. Scotland divested his shares in ARCP after he was elected to office and became a minister in the last UDP government and has nothing to do with the allegations against the firm for not paying employees.
“Due to the case file manager not being in office during the finalization of the List of Cases, it seems that another officer accessed a previous, and now outdated, Business Registration record, which reflected Mr Mark Scotland,” Ebanks explained. “Our records now confirm that Mr Scotland’s interest had subsequently been divested and therefore did not coincide with the date of the ongoing prosecution."
Offering his apologies to Scotland, he confirmed that the current principals are Peter Young, Samuel Young and Justin Woods.
He added, "I can also confirm that Mr Mark Scotland has been very helpful inrecent months in assisting to rectify this unpaid wages matter, which has now been paid, but it was not done prior to the matter being submitted for resolution through the courts.”
A spokesperson for ARCP told CNS that the firm had begun addressing the outstanding wages last year and partial payments were being made before the matter was submitted to the courts.
Ebanks said Wednesday that the document naming and shaming employers breaching the labour laws had been amended and a correct version was now posted on the NPO website.
The former minister was erroneously named in connection with a disputed court case relating to the paving firm ARCP, where he was a former owner, along with seven other companies and their owners who are facing charges relating to various labour breaches.
Although the enforcement arm of the labour department has been naming and shaming employers who are breaking the pensions law, this is the first list released to the public of bosses whose labour law breaches have taken them to the courts.
With hundreds of employers suspected of breaking numerous labour related laws, the eight cases represent only a tiny fraction but demonstrate some action by the authorities to hold employers to account.
Island Builders Ltd, owned by Dean and Jennifer Scott, face 106 charges of Failure to Pay Overtime Pay, contrary to section 25 (1) of the Labour Law (2011 Revision). That case was mentioned in Summary Court on June 11 and was adjourned to March next year.
The former president of the CITA, Harry Lalli, is also facing 38 charges of not paying overtime, officials revealed, in relation to his company Front Door Cayman Ltd. That case was adjourned last week until next month.
Meanwhile, the owner of Sail Inn Restaurant, Mario Rankin, is facing 28 counts of failing to pay overtime and his case is expected to be back before the magistrate in January. Michael Witter’s M&R Construction has four charges against him for failing to comply with an award of a Labour Tribunal contrary to section 76 of the Labour Law (2011 Revision). This case is expected to be set for a trial date next month.
Aralco Ltd, owned by Winston Salmon, faces one charge of failing to comply with the Labour Tribunal and a trial date is expected to be set for that case next week.
Blue Eyes Granite, owned by George and Sally Craig, faces five charges of failing to comply with the Labour Tribunal. Their case has been adjourned sine die but officials said matters still remain on file.
K9 Security Services, owned by Sterling and Penny Rivers, is the only case on the list in which officials indicated that the 45 charges of failing to pay overtime had been disposed of and the cash owed paid.
See the details on the NPO Website here
Internal credit card audit focused on poor records
(CNS): Details of an audit into government credit card use, which was conducted by the internal audit unit sometime in 2009 and introduced into the McKeeva Bush trial by the defence team this week, did not expose personal use of those credit cards by government staff, the court heard Thursday. Instead it documented numerous charges with missing receipts and poor record keeping on official transactions and the risks that posed. CNS erroneously stated in an earlier article that George McCarthy was chief secretary at the time of the audit and responsible for some $5,500 of non-receipted charges, however as a result of a clarification of dates, the chief secretary in post at the time was Donovan Ebanks. Those charges were also confirmed as legitimate government business.
During the redirection of Franz Manderson’s evidence by the crown Wednesday, Duncan Penny QC queried the current deputy governor about this audit and his involvement following heavy criticisms from the defence that Manderson seemed to know nothing about the report or the audit's findings. However, he confirmed that it took place before he was appointed as the head of the Portfolio of Internal and External Affairs.
The attorney clarified with Manderson that the period in question that the auditors had examined regarding the card use was between July 2008 to July 2009 and the findings related to official transactions where receipts were missing as well as general poor record keeping. The report was said to have concluded that the lack of documented procedures could lead to improper purchases but it had not specified any personal transactions.
During the re-examination Penny also asked Manderson to clarify a personal transaction made by the Speaker of the House, about which he had been briefed in 2009 after taking up the top job in the portfolio.
The deputy governor said that he was aware of that transaction, which was said to be “a small amount” at a US supermarket known as Publix. As soon as he learned about the charge Manderson said he asked staff to notify the speaker and request an immediate payment or a deduction from her salary. Asked why he took such steps, Manderson told the court it was because this was not “what the government credit cards are given for”.
Asked about the representations made after his request, the deputy governor was prevented from answering following an objection from Bush’s defence attorney.
CS bosses urged to press on with ‘proper process’
(CNS): The deputy governor is encouraging the civil service management to continue to follow the rules when it comes to procurement despite some criticisms in the local press. According to the latest minutes released by his office of an August meeting of public sector heads, Franz Manderson is urging his staff to press on with the major projects in accordance with the Framework for Fiscal Responsibility and recommendations by the Office of the Auditor General (OAG). Discussing the OAG’s reports on major projects and management problems, Manderson said mistakes had been made in the past but he believed lessons had been learned.
In the short account of the high level civil service meeting on 11 August Manderson said significant progress has been made on implementing the recommendations in Auditor General Alastair Swarbrick’s reports regarding procurement. The deputy governor and public sector boss said a major projects office was being established and confirmed that a director of procurement was being recruited and should be in office within the next few months, though he was not specific about the timeline.
Manderson had first announced plans for a procurement office over one year ago at a Public Accounts Committee hearing in September. He said at the time that the new government department would address issues relating to large public capital projects and procurement, develop new laws and establish business cases for public projects. Manderson said some $350,000 has been budgeted for the office.
During the meeting Manderson said that in the meantime major capital projects currently under consideration, such as the seaport, airport and landfill, are all being carried out in accordance with the Framework for Fiscal Responsibility (an agreement signed with the UK and incorporated into local law) and the Auditor General's recommendations. Noting the criticism in the press about the process being followed with some of these projects, he told the bosses “not to be deterred and to continue to follow best practice”.
The DG said the auditor general had expressed a desire to audit the progress of these projects at an early stage and it was agreed that chief officers Jennifer Ahearn and Stran Bodden would meet with the Swarbrick the week after the meeting.
Referring to past mistakes on major capital projects, Manderson said he was of the view that lessons had been learned and that proper process was now being followed and would be followed going forward. This, he added, was in keeping with the vision of providing value for money in everything the government did.
See a copy of the minutes below.