Guest Writer
Guest Writer's Latest Posts
Opponents pack meeting
(CNS): A sometimes-heated public meeting on the Emerald Sound development in which architect Burns Conolly explained the plans in detail to an audience of about 90 did little to mollify the mostly opposition crowd. Representing the developer RC Estates, Conolly spent three hours Thursday talking about the projectand answering questions, but the two sides remained far apart by the end of the evening. The plan for the 90 acres of land calls for 81 home sites and about 160 apartments, significantly less than the approximately 400 homes and more than 1,300 apartments that the zoning would allow, he said.
He said that Emerald Sound would as a result be “extremely low-density”, with the developer reaping less than 40% of its development potential, but he people there were not convinced.
Of major contention is the plan to realign a section of South Sound Road alongside the development as well as fears of flooding and nearby beaches turning red from the peat found on the site. Opponents believe that the realignment of the road is being planned to expand seaside lots across from Emerald Sound, an assertion Conolly vigorously denied, saying that the 22 sites long ago received Planning permission and pre-existed the proposed road changes.
Audience members brought up this issue several times during the question-and-answer session, and many openly challenged Conolly’s explanations. He repeatedly pointed out that there were three reasons to move the road: to create bicycle and pedestrian lanes, to accommodate a roundabout that the National Roads Authority has planned for the junction of South Sound Road and Old Crewe Road, and to enable one main entrance for the seaside lots instead of 22 separate driveways. Residents insisted the plan was to increase the size of the lots.
Conolly also explained that Emerald Sound, which would not be less than seven or eight feet above sea level at any point, would not present a flood risk to the surrounding area, that in fact, a model simulating increasing tides shows every site except that development ending up inundated, with no water flowing out. In addition, plans include an eight to 10 acre swale (basically a depression), between the development and the adjacent Bel Air Drive, which will direct any runoff from that land into the sea.
He pointed to a surveyor’s report that showed the path of the proposed canal that will be cut to the sea has only a shallow layer of peat, just below the surface level, meaning that the water flowing through will not be turned brown from exposure to peat.
Conolly touched on other contentious aspects of the development, but the increasingly vocal crowd continually challenged his explanations, with some opponents responding with shouts and anger, as the meeting reached its third hour.
The potential for polluting the waters of South Sound was another cause of concern for the residents. Mike Godfrey pointed to a Department of Environment review of the Emerald Sound coastal works, which discussed a flushing analysis of the proposed canal system in the development.
Pointing out that every time the tide goes in and out, there will be pollution, he said that according to the DOE report the dilution of the pollutants should be 10% after four days. “Yours is up to 75%. Now don’t tell me they can be that wrong; they’re the people we have to depend on. If yours was even 20% it wouldn’t be bad but yours is 75%. This is going to pollute the entire sound.
You will have a gigantic 125-foot canal polluting until the end of time.”
Conolly took issue with the report, saying it didn’t take into correct account a test study done on the depth of the canal.
During a further discussion on the shifting of the road, a question was raised about the fact that the developers would be taking over crown land after the work was completed. This noticeably darkened the mood of the meeting, with one person angrily telling Conolly, “You have to stop acting like you are doing us favours because you are not.”
Katrina Jurn, one of the more outspoken critics of the development, told Conolly there was a way to get everyone to drop their objections. “Why don’t you do it without the canals?” she asked, saying that the both the landside and seaside aspects of the development would be beautiful on their own, and even someplace she might consider living.
“We wouldn’t be here tonight and they would be no debate,” Jurn added, saying they would be happy to have the developer go ahead with Emerald Sound without the canals.
Parties battle over CHEC deal in Jamaica
(The Gleaner): Accusing the People's National Party of carrying out a campaign to derail Chinese investments amounting to more than US$1 billion in Jamaica, the Bruce Golding-led administration says thousands of jobs are now under threat as a result of "spurious aspersions" by the Opposition. In a swift response yesterday, Opposition Spokesman on Transport and Works Dr Omar Davies dismissed the Government's assertion as propaganda. Transport and Works Minister Mike Henry charged yesterday that"concerted efforts" led by the PNP to discredit the Jamaica Development Infrastructure Programme and China Harbour Engineering Company were threatening a number of major Chinese investments earmarked for Jamaica.
Rubbishing the claim, Davies said: "The PNP has never in its history, nor does it now, take positions that will affect genuine foreign investment." However, the PNP spokesman contended: "We will not let this sort of propaganda deter us from carrying out our task which is to ensure that, whatever money is being spent by the Government, the country receives value in return."
Summer camps on Cayman Brac
(CNS): The Cayman Brac Department of Sports has organised a basketball, football and swimming camp for this year’s summer holidays. The camps run from between 8 – 26 August and will be at various locations around the island. The camps are free and refreshments will be provided. Registration forms can be received and completed on the day of each camp.
The basketball camp will run from 8 – 12 August from 8:30AM – 12PM. The camp will be coached by Daniel Augustine & Redver Ebanks. The camp is for those between age 7 and 17 and will be at Layman E. Scott Sr. High School.
The football camp will run from 15 – 19 August from 8:30AM – 12 PM. The camp will be coached by Ernie “Gillie” Seymour & Dion Brandon. The camp is for those between age 7 and 17 and will be at the Bluff football field.
The swimming camp will run from 22 – 26 August from 8:30AM – 9:30AM for Infants / Beginners, 9:30AM – 10:30AM for Advanced Stroke and 5:30PM – 6:30PM for Water Babies. The camp will be coached by Paula Swaby-Ebanks at the Government Pool.
For more information regarding the camps, contact the Brac Sports Department Office at 948-8382.
Hospital needs regular blood donors
(CNS): The overwhelming response of Cayman residents to an emergency request for blood in June, which helped to save a young man’s life, also points to the need for an improved network of regular donors. An urgent call in June for blood for Stephen Ebanks, who was undergoing emergency surgery for a ruptured spleen, led to almost half the number of donors that usually give in a month donating at the Cayman Islands Blood Bank. The message quickly spread through social media and word of month, leading to long queues of potential donors. Due to the large turnout, staff were actually forced to send some people away, since it was clear they would be getting enough supply.
By the end of the day, 33 units of O positive blood were donated, compared to an average of 70 that the bank receives in a typical month.
According to Judith Clarke, Laboratory Manager at the Health Services Authority, it was hard to accurately gauge the response because not everyone got the chance to donate. “Some prospective donors and regular donors were asked to return for signing up or donating at a later date, thusmaking it difficult to get a correct figure pertaining to the response,” Clarke explained, adding that 18 of the 33 units collected that day came from new donors.
The official number of registered donors, as of the beginning of this year, is 1,116, which would be acceptable for developing countries whose requirement is 1% of the population, but short of Cayman’s needs. Clarke said that for Cayman, the World Health Organization sets a target of 5% of the population, or about 2,700 registered donors.
On World Blood Donor Day on 14 June, only 11 people donated – four of them new – and that was celebrated fewer than two weeks after the emergency call for blood. “World Blood Donor Day is really to thank voluntary unpaid donors for their life-saving contribution. The emphasis is usually on saying thank you, but a few organizations might choose to lend their support by organizing a blood drive,” Clarke said.
World Blood Donor Day fell on a holiday last year and on a weekend in 2008 and 2009, but in 2007, there were seven donors, four of whom were new.
At the moment, there is no immediate shortfall of blood, though in general AB negative is the rarest type, with O positive the most common, at 50.5% of the donor population in Cayman, said Clarke.
“But donors of all blood type are always encouraged to sign up,” she said, calling on people in Cayman to come forward as regular donors. “Without your donation, in the event of an emergency, there will not be safe, fully screened blood ready for use. You can make a difference between life and death.”
MOU on Cayman’s Future
(CNS): The Cayman Islands Government and the Chamber of Commerce have signed a memorandum of understanding to support the Future of Cayman economic development initiative. Implemented by the Chamber, the initiative is a public-private partnership aimed at improving both the quality of life and the economic environment. At a briefing Wednesday at which Chamber CEO Wil Pineau outlined the initiative, Premier McKeeva Bush told government and business leaders that the Future of Cayman was especially important in the context of the new world order. (Left: Premier McKeeva Bush and Chamber President-elect David Kirkaldy)
“Without a vision for the future by which we can navigate through uncharted economic waters we may very well meander aimlessly,” Bush said. “Through the private and public sector partnership created in the Future of Cayman forum, we can work together to a Cayman Islands that fosters a superior quality of life and prosperity for the generations that follow us.”
Since the first forum in November 2010, a steering committee comprising representatives from the public and private sectors identified five key drivers necessary for economic development and sustainability, and how to achieve them: develop talent, create a business-friendly climate, diversify the economy, enhance quality of life and build a smarter infrastructure.
Bush said that through these drivers Cayman can develop a sustainable 21st century economy. “We cannot do that by sitting down and doing nothing,” he said, adding that challenges shouldn’t prevent action.
“The alternative is to stagnate and that to me is no alternative at all.” If similar economic crises affect the world in the future, he said, “I am determined … that our islands will be able to withstand the kind of negative impact that affects us today because we took these steps to plan to bring in investment to our shores.”
Pineau outlined how the Future of Cayman initiative was developed and the way forward. “We are trying to promote this initiative and get people involved in the process,” he said, explaining that there are sign-up sheets for the various subcommittees and that co-chairs will be actioning items under each driver.
In addition, the just-launched Future of Cayman website will enable users to monitor the progress of the initiative, access a social network link to follow developments and allow organizations to endorse the plan.
Pineau stressed that the website will only offer good news. “It is intended to be a positive website that’s going to promote Cayman positively to the world. We see a lot of blogs out in Cayman and a lot of sites that are very negative about Cayman.This site is intended to be positive. It’s going to celebrate our diversity. It’s going to celebrate our infrastructure. It’s going to promote us as a people and a reason why people want to invest in this country. It will not include negative blogs and write-ups which really do nothing to raise up this country.”
However, he added, “We will have a blog but it will be monitored by our office.”
Among the points agreed toin the MOU, government and the chamber will increase awareness, participation and support of the initiative; promote and endorse the initiative in public addresses; and improve the quality, timeliness and simplicity of public-private sector communications.
Bush warned those gathered that unless people wanted to return to life in the ‘40s. ‘50s and ‘60s where there was little education, too many mosquitoes and wealth in the hands of a few, “we can take the steps to do something or we can listen to the radio shows and do nothing. And talk and criticize and do nothing.
“Not me. If the Cayman Islands are to have a bright future then we must open our minds and our hearts to accept change and have people from outside who can work with us for our best interest…Those who go about promoting an ‘us and them’ mentality should be ignored. We must find the common ground and reach out to each other to build an island home that is vibrant, dynamic and full of opportunity for its people.
The premier added: “If you remember nothing else that I say today, remember that change we must if we are going to survive. The world is not waiting on us, no matter how grand we feel we are. The world is not going to wait.”
Emerald Sound development
When the PPM were the elected government in 2007 the proposed Emerald Sound development complete with canals, relocation of the South Sound Road, dredging of the marine replenishment zone in the South Sound, and development of single family homes and apartments was proposed and a meeting was held in the South Sound community center at which Mr Burns Connolly gave an outline of the proposal.
The meeting was attended by about 80 concerned residents many of whom spoke passionately against this proposal objecting to the whole concept of a canal that would breach the natural storm ridges along South Sound and leave both the inland residents and the marine environment in South Sound vulnerable to flooding and pollution.
Since then Caymanian residents island wide have continued their objections stating many reasons for these objections. These reasons have been recently outlined in the DoE report of July 2011, in letters to the CPA, letters to the newspaper and concerned residents voicing their objections on the radio.
These reasons include but are not limited to:
- Risk of flooding
- Damage to the marine replenishment zone
- Pollution of the South Sound water with swamp water and sewage flowing into South Sound
- The setting of a dangerous precedent
- The moving of scenic coastline road solely for a developers benefit
- No benefit to the Cayman Islands except the very short term gain
- Concerns about water circulation and waste management, with particular reference to the outflows and problems in Randyke Gardens
- The inability of all professionals consulted to date to come up with a consistent view of the the true impact a development of this sort would have on the land and marine environment
- Loss of property value for current property owners
- Lossof the use of South Sound for all who swim, fish or just enjoy the unpolluted beauty of the waters
- Lack of a cost benefit analysis to establish net benefit to the country as a whole
It appears that our objections are not being listened to. This is borne out by the fact that the CPA has chosen not to change the date of the hearing for this proposal despite repeated requests by the objectors asking for a date only four weeks later than the August 3rd hearing in order to allow for people away on vacation to be present. Surely in a democracy all sides should have the chance for a fair hearing. As it stands the CPA is clearly favoring the developer by refusing to change the hearing date so that more concerned people can attend.
Please listen to your concerned people, please listen to your elders who have already objected to this, please do not ignore the need for democracy and a free and open hearing for all concerned.
There is a public meeting Thursday evening (28 July) at 7pm at the South Sound Community Centre to discuss the Emerald Sound Development.
Caymanian academic is dean of college in US
(CNS): A former student of the Cayman Islands High School, Katrina Carter-Tellison PhD, was recently named Dean of Lynn's College of Liberal Education in Boca Raton, Florida, after serving as chair of the college's core curriculum, The Dialogues of Learning, and also serving as Associate Professor of Sociology. As faculty chair of the core curriculum, her work focused on course development, assessment and faculty development throughout every stage of the implementation process for the new curriculum. As Dean, the highest position at Lynn's College, she is responsible for the administrative supervision of over 50 faculty and staff, and schedules more than 400 courses per academic year. However, she returns to the Cayman Islands frequently.
Dr Carter Tellison attended the Cayman Islands Middle and High School, where she graduated with O-Levels in 1987 and A-Levels in 1989. After graduating, she was awarded the Bankers Association Scholarship and then attended the University of Miami, where she earned a Bachelors degree in Psychology. While finishing her Masters degree in Social Work, she was awarded a full scholarship to attend the University of Miami for a PhD.
After getting her PhD from the University of Miami, she joined Lynn's College of Arts and Sciences as an Assistant Professor of Sociology in 2004 and was promoted to Chair of the Department of Criminal Justice in 2006. In 2008, she was promoted to be Associate Professor of Sociology as well as Chair of the new core curriculum of Lynn's College. Also during 2008, she was named “Faculty Member of the Year”.
In February 2011, the publication Inside Higher Ed published the article “Ramping Up Rigor”, which portrayed the core curriculum of Lynn's College as a shining example of how college and universities can increase the rigour of their academic offerings and improve the comprehensive education of their students. In 2010, the core curriculum also received praise from the Association of American Colleges and Universities, who described it as “inspirational”.
“Dr Carter-Tellison brings an intimate knowledge of our core curriculum and teaching philosophies to her new role as Dean of the College of Liberal Education,” said Lynn's College President Kevin M. Ross. “As one of the key people responsible for implementing our new core that puts liberal education at its center, I can’t think of a better choice and more capable, deserving person for this role.”
“Dr Carter-Tellison has been instrumental in the implementation of our new core curriculum,” said Academic Affairs Vice President Dr Patterson, “Her colleagues praise her as a thoughtful, dedicated and passionate educator who is deeply devoted to both student learning and excellence in every phase of academic life. I have no doubt the Dr. Carter-Tellison will excel as dean of the College of Liberal Education, and I am delighted to welcome her as the newest member of our academic leadership team.”
“The most important part of leadership is service. I hope to lead with respect, compassion, and equity,” Dr Carter-Tellison said. “As an educator, it has always been my goal to inspire students to have a thirst for knowledge and the world around them. As the Dean of College of Liberal Education I will work hard to be a resource and advocate for faculty and students while continuing my work in the Dialogues of Learning. I will continue the tradition of building and delivering a strong liberal arts education in my new role.”
Dr Carter-Tellison has given over twenty professional presentations at institutions as the American Association of Colleges and Universities, the American Sociological Association and the Haitian Studies Association, as well as publishing several articles and co-editing six books.
With Dr Carter-Tellison now in her new role as Dean, the highest position at Lynn's College, she is responsible for the administrative supervision of over 50 faculty and staff, and schedules more than 400 courses per academic year.
Although Dr Carter-Tellison does not work in the Cayman Islands, she returns home frequently for holidays, including Christmas and summer holidays with her husband and twin boys.
15-year-old Joshua Dilbert is a CNS summer intern
Fifa probes Caribbean football officials over bribes
(BBC): Fifa has given Caribbean football officials 48 hours to explain their part in a meeting with ex-presidential candidate Mohamed Bin Hammam. Football's governing body stated that "any person who has information" but does not comply with its corruption investigation will face sanctions. That could include the same life ban given to Bin Hammam on Saturday. He was found guilty of trying to buy votes from Caribbean Football Union members in a bid to be Fifa president. The Qatari said he will appeal against the ruling, which stated there was "comprehensive, convincing and overwhelming" proof that bribes had been paid to officials to support Bin Hammam's campaign for the Fifa presidency.
Fifa said in a statement: "Fifa has sent a letter on 25 July to all CFU associations, asking the associations, their presidents, and any of their members with knowledge of anything that transpired during the meetings held on 10 and 11 May in Trinidad and Tobago, to provide and report all relevant information in their possession within 48 hours.
Summer Rugby heats up
(CIRU): It was a bumper week of tries in Round 4 of the Summer Touch Rugby League 2011 with 139 tries scored in just 12 matches. Players are clearly getting their attacking mojos working with dazzling footwork and great handling. Three teams even reached double figures on the scoreboard, leaving defences scratching their heads as to how to counteract such offensive flair. In Division 1, PWC had the stand out performance running in 12 tries against Team LIME. After a first round defeat, PWC are on a 3-game winning streak and going from strength to strength. They shared the tries between 8 different players and their usual slick passing and offloads were too much for a Team LIME unit that has been improving all season. (Photo: Caroline Deegan)
This win closes the gap on the league leaders and PWC must surely be considered contenders for the title.
Maples1 and Genesis Five Nations, the oldest and fiercest rivalry in the history of Cayman Touch Rugby, could not be separated, playing out a 5-5 draw. Joint league leaders before the game, they had a titanic battle with no quarter given and none asked. These two teams play tough touch rugby and any game is a difficult one to referee. Kudos must go to James Waters for keeping a lid on proceedings. Both defences, normally as tight as an old pair of pants, conceded more tries in this one game than they have all season – a fact that will displease both captains who pride themselves on their miserly offerings in the “tries against” column.
Lisa Kehoe, like a diminutive Phil Collins but with more hair, orchestrated all that was good for Genesis and was rewarded with 3 tries and the MVP award. As the smallest player on the pitch it clearly demonstrates that this form of rugby is not all about size. A spokesperson for Genesis said, “There was something in the air tonight, we thought we were down and out but we don’t give up and against all odds we came back in the second half. At face value a draw is a good result!”
Ogier beat DMS, 7-4. It was their first win of the season and they have been threatening this for some time. The fine double act of Waters and Blair, the Fast and the Furious, were the difference on the scoreboard with a hat-trick apiece but both would give credit to their team for providing the support and running lines needed to effect the win.
Walkers Blue Iguanas still can’t find that all-important first win of the season although they ran Appleby mighty close, eventually losing 5-7. Stuart Geddes put in a stand-out performance with his overall play, composure on the ball and three tries.
In Division 2, the stand out match was a top of the table clash between Maples2 and UBS. Something had to give as both came into the game with a 100% record to date but it was Maples2 that took the honours, winning out 7-3. They were never in danger against a UBS team that had little answer to the marauding talents of the ginger assassin Andrew Dean. His personal tally of four tries was an excellent return for a team performance that showed both determination and skill in equal measure.
The Trident Titans move into third with a well fought 4-3 victory over Happyfish Ticklers. Titans play some inventive rugby with good inside offloads that keep the defences guessing and often on the back foot. Titans always had the edge and squandered a few chances in the first half but with two tries from Riley Mullen they sealed the win. Ticklers speedster Iain Blackwell scored a great try, standing up the Titansdefence before sprinting round the outside to score in the corner.
Harmonic recorded their first win of the season with a performance against Campbells that belied their position near the foot of the table. Rob “Der Blond Bomber” Aspinall, showed the way with three well taken tries, the pick being a clean break from halfway, and then deceiving the covering defender with an audacious overhead dummy being scored in the corner. Captain Tim Rossiter was most pleased for his teammate stating, “Rob hasn’t scored three times in one night for a long time. He can stand proud after that performance.” Campbells showed plenty of pluck throughout and ran in four tries of their own. Young Richard Thomas was voted MVP for his all action display and avid touch followers will be pleased to note that Shelly Cox broke her barren spell of scoring when, resplendent in what must now be considered her “lucky” new boots, she covered several inches of turf to score at the end.
KPMG1 continued their topsy-turvy season with a convincing win over DART. Rattling up 8 tries to 2, Gerhard Albertyn was the pick of the bunch with three tries and an all-round top performance. They’ll be looking to build on this win in the next part of the season. DART will want to put this early season form behind them as they sit bottom of the table with four defeats on the trot. Their usual try scoring ability deserted them and their problems in defence continue. Maybe a few practice sessions are needed to get that first victory.
It was a try time in the opening fixture of Division 3 as Ernst&Young were hammered 1-11 by a Deloitte team that remain undefeated and in second place. Neal Ainscow ran in 4 tries and was ably supported by Gareth Wilkinson (3) and Rob Fysh (2). Curtis Wilson made the solitary response for Ernst&Young who succumbed to their heaviest defeat of the season and remain at the bottom of the table.
However, they were surpassed by a 13 try bonanza by KPMG2 who underlined their dominance of the league beating Island Heritage 13-5. Ian Robertson got 5 tries, the most any one player has scored in a game all season. The Heritagers’ never gave up and ran in a creditable 5 tries of their own, Marvin Gordon with a hat-trick.
In an entertaining game, Queensgate Grizz’s Old Fellas got their annual victory with a 9-6 win over Credit Suisse. The Suisse defence had more holes in it than a large Emmenthal cheese and these were wonderfully exploited by Venassio Toketokevanua. He teased, toyed and tantalized with ball in hand, leaving defenders grasping at thin air and gasping at his speed of turn as well as his turn of speed. He was more provider than scorer though with the main scoring being done by the husband and wife tag-team of John and Sinead Wagner. The best double act since Ken and Barbie, each scored two a-piece to maintain marital harmony. There’s life in the Old Fellas yet.
Rawlinson&Hunter move up to third with their 2nd win on the bounce against an inconsistent GCM team. Conrad Proud maintained his fine record of scoring in every round so far with another two tries taking his season total to 8. He is ably supported by Emma Santiago, who also notched up two tries, making it four tries in three games for her.
This week’s Heineken Touch Player of the Week goes to TR-veteran Lisa Kehoe. With more energy than a Duracell bunny she scored eight tries for three different teams. She will be holding seminars all week to pass on her secrets of eternal youth to devotees and followers alike. Well played Ma’am!
Taking the Profit from Corruption
Government decision making based on greed and corrupt deals destroys countries. It must not be ignored, swept under the carpet, or excused. Existing law can be used to prosecute come cases of corruption, but our law and the way it is enforced are not sufficient to deter corruption. If existing laws were sufficient, we would not have the problems we have.
A general outline of the law which we now have to combat corruption looks something like this. When a bribe of any kind is paid to a politician or a government employee in exchange for influencing any government decision, the common law crime of bribery is committed by those who give bribes and those who accept them. The common law offense of extortion is committed by politicians and other public officials who demand payment of any kind in exchange for securing a specific outcome in any government related matter. Our penal code also criminalises both fraud and breach of trust by public officials, and our less than perfect Anti-Corruption Law also makes certain corrupt acts criminal offenses.
Criminal law does not define the limits of what is already available in the fight against corruption. Those responsible for enforcing the law and ensuring good governance also have access to civil law. Civil law remedies can be used with considerable effect against corrupt politicians and other public officials as well as those that reward them for their corruption. Decisions by government bodies influenced by corruption can be undone by the courts. Those who use their offices to corruptly enrich themselves can be made to pay to the public treasury their unlawful gains. Asset freezing and other measures arealso available to facilitate the recovery of corrupt profits.
Civil law remedies typically have the advantage of being decided on the basis of whether one or more acts or omissions was more likely corrupt than not corrupt, rather than whether guilt in relation to a crime has been proved beyond reasonable doubt. This easier to prove standard has made civil remedies quite useful as part of the fight against corruption in other jurisdictions. However, like criminal law remedies, civil law anti-corruption measures only work when those investigating corruption and those responsible for good governance have access to expertise in civil law enforcement and act diligently, effectively and without fear or favour. How then can we make our anti-corruption regime more effective?
We need investigators and prosecutors with particular expertise in both criminal and civil anti-corruption law. We also need to ensure that our laws make available to our investigators and prosecutors the tools necessary for the task. Providing adequate tools requires specific changes to our laws that will not only deter corruption, but will also enhance the detection, prosecution and punishment of corruption. Specifically, we need to supplement our existing laws with at least one new legislated “carrot” and several legislated “sticks” in order to make corruption less attractive to both persons offering bribes and any politician or government employee (including in this context any civil servant and any employee or board member of any statutory authority or government owned corporation) tempted to act in a corrupt manner.
The Carrot – Incentives to Report Corruption — Any person who provides information which results in a conviction relating to any corrupt behaviour by any politician or government employee ought to be rewarded with up to one-half of any money or other benefit secured by the public treasury through forfeiture or fines. We, as a country, share the benefits derived from convicting criminals and seizing their assets when our enforcement authorities work with foreign governments. We should offer the same to our own people in the fight against corruption.
A person providing information regarding possible corruption must also have access to effective legislated guaranties that they will not be victimised or otherwise adversely affected as a result of reporting suspected corruption. There are many existing examples of legislation in other jurisdictions which provide models for effective anti-corruption “whistle-blower” legislation.
Stick 1 – Criminal Penalties for Corruption– The minimum penalty for corruption involving a politician or public employee ought to be five years in prison with the maximum being life, rather than the slap on the wrist provisions which currently exist. Why should a tiny fine be a permitted penalty for corruption?
Any disguising of or attempting to disguise any payment or benefit related to a corrupt act, whether by way of commission or omission, ought to be explicitly classified in legislation as money laundering. All reporting requirements and penalties relating to money laundering ought to apply in the context of corrupt acts. Any prison sentences relating to corruption and money laundering ought to be served consecutively without exception, a practice already permitted for other egregious acts.
Stick 2 – Criminal Penalties for Failure to Report Corruption – All politicians and government employees are in some sense stewards of public money. There are legal arguments to the effect that all politicians and government employees are already under an obligation to report any evidence of corruption, but to the best of my knowledge there has never been any politician or government employee disciplined for not reporting corruption in this country. Worse, there is a general perception in recent times that reporting corruption, or even being seen by the corrupt as unlikely to turn a blindeye to their corruption, is career destroying for honest politicians and honest government employees and their families. Therefore, in addition to the whistle-blower ”carrot” noted above, and the need to change civil service rules to ensure that corrupt and corruptible politicians are never allowed to influence the civil servants that they will work with, we need clear legislation that makes a failure to report corruption a criminal offense. Conviction for failure to report corruption that he or she is aware of at a minimum should cause an elected politician or government employee who chooses not to report any aspect of corruption to be banned from all government employment of any kind, permanently. A politician or government employee who chooses not to report corruption should also lose any benefits accrued whether in the form of pensions or otherwise. In the most overt, persistent or wilful cases of failure to report corruption, politicians and government employees who choose not to report corruption ought to face years in prison. It may seem harsh to impose such penalties on those who turn a blind eye to corruption, but we cannot afford to allow indifference to corruption or intimidation by the corrupt to determine the future of our country. We need to make the reporting of corruption the only choice.
Stick 3 – Civil Forfeiture and Fines for Corruption with No Time Limitation – We need legislation which would ensure that there is no time limitation on civil claims related to corruption in any public office. Why should a corrupt politician, government employee or crony benefit if they or their friends can stay in positions of power and able to hide their thievery for a few years?
We need legislation which will ensure that any property of any kind which relates to, or to any extent is derived from, any part of any corrupt transaction or the disguising or concealment of any such transaction, is forfeited to the public treasury. In addition, a fine of three times the value of the benefit gained or sought to be gained, or the loss avoided or sought to be avoided by the corrupt individuals, ought to be imposed on each of the persons (and in the case of a company the beneficial owners) who paid or offered to pay any bribe. Such a fine should also be paid by each and every politician or government employee or other person who knowingly benefited or sought to benefit from any corrupt transaction, whether directly or indirectly.
By way of hypothetical example, if it were to be proved according to a civil law standard that a property developer offered “special pricing and financing” on oneor more luxury condos, or an exclusive real estate deal, or money to a politician in exchange for planning approval, or changes to the rules relating to building height restrictions or zoning restrictions, then the relevant property and the bribe paid would be forfeited to the public treasury. In addition, each of the corrupt developer and the corrupt politician and any knowing intermediaries would be liable to pay fines equalling 3 times the increased value of the development. This would apply irrespective of whether the bribe was paid or was offered to be paid directly to the politician/government employee or to a relative or “associate” of the politician/government employee, or to a real estate or other company in which the politician/government employee or any person connected with them, is involved. As noted above, any person providing information regarding corruption which secured the conviction of the corrupt individuals would receive up to half the value of the property confiscated and the fines paid. Were such measures to be implemented and enforced retrospectively there is no telling how much of the government’s debt might be eliminated.
To make things more effective, the law should also be clarified to ensure that any corrupt individual’s liability to pay any forfeiture or fine would not be avoided by declaring bankruptcy, and that the tracing and seizing of benefits from corrupt transactions would be fully operative. These measures should go some way to limiting the appeal of big dollar corruption, but a further provision is necessary to minimise the low level corruption which corrupt politicians and government employees typically start with.
Stick 4 – Civil Employment-Related Penalties for Corruption – Any politician or public employee found to have committed any corrupt act no matter how small, including turning a blind eye to corruption as noted above, must lose any and all government-related employment and must be permanently banned from holding any office, position or employment related in any way to government. They should also lose any pension or other benefit entitlement and should be required to repay any and all money paid to them from the public purse at any time after their first corrupt act. The pension disqualification component described is particularly important in that pension entitlement typically increases with seniority and influence. It is important to ensure that deterrence is effective for those with the greatest ability to influence government decisions. Any person providing information leading to a conviction for corruption in this context should also receive up to half of the money recovered plus half the benefits which would have gone to the corrupt government employee or politician. This reporting “carrot” will make things much more difficult for the corrupt.
The combination of existing law and the enhanced penalties and rewards set out above, if enacted and enforced, would go a considerable way to limiting corruption in our country. Which person seeking a government concession is going to approach a politician or government employee offering a bribe if they know that they can lose their property, go to prison and pay a large fine just by making the offer? Which politician or government employee in a position to influence a government decision is going to even consider extorting a payment if they know that they might lose everything they have, plus everything they hope to have in the future, and they know that they could go to prison just for asking for payment, while the person they ask could potentially receive half of all they have for reporting their corruption?
There are increasing public demands for an end to corruption. The corrupt can be expected to oppose, to delay and to deny resources for stronger anti-corruption measures. Those that are not corrupt can be expected to welcome tougher anti-corruption measures. Ideally those politicians who even now claim that there is no corruption would be happy to prove that they genuinely believe this to be true by immediately introducing enhancements to our anti-corruption legislation at least as tough as those recommended above. After all, what could they possibly have to lose?