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Behind-the-scenes court staff earn accolades
(CNS): Three key officers at the Cayman Islands courts were recognised at a recent event honouring long-serving officers. Listing Officer Yasmin Ebanks, Deputy Clerk of the Courts Cecile Collins and Maintenance Officer Jacqueline Scott have together have served the courts for some 80 years. “These three officers and others like them within the Judicial Administration are shining examples of the calibre of persons who make the public service such a vital part of the success of these Islands,” said Chief Justice Anthony Smellie. “They should be admired for their quiet dedication to the service of the public in the administration of justice.” (Left to right: Chief Justice Anthony Smellie, Clerk of the Court Tabitha Philander, Cecile Collins and Yasmin Ebanks)
The public face of the courts is usually the judiciary and the magistrates, but working silently behind the scenes are “stalwarts”, without whose service the court would grind to a halt, said the chief justice in a release from the courts. These are the people who interface with a wide range of practitioners and public in the legal system, from judges and magistrates, to bailiffs, juries and petitioners.
Joining the Courts at just 16 years straight out of high school, Collins has worked in all areas of the courts except the more recently introduced Financial Services Division (FSD). She is now the Deputy Clerk of the Courts responsible for administering the Criminal Registry. The first-ever listing officer for the Cayman Islands, the Bodden Towner has served in numerous roles, including judge’s secretary, cashier, receptionist, filing clerk, “filling in at any chance”, she said. In the process made herself a most valuable officer. (Right: Jacqueline Scott and Court Administrator Kevin McCormac)
“Ms Collins now holds a very demanding position,” said Chief Justice Smellie, “ensuring with the assistance of staff she supervises that criminal court records are complete, secure and available when required. She is also responsible for the issue of summonses, for both witnesses and juries. She is well regarded by her colleagues, and well respected in the profession.”
Collins credits long-retired Clerk of Courts and Acting Magistrate Ena Allen for taking her under her wings when the fledgling officer arrived in 1981. “I have had much support from everyone over the years,” she said, adding that her superiors always made her feel capable, taking her advice wherever possible. She was eager as well to secure training, including most recently a one-year paralegal course, and is now pursuing an online management course offered through the civil service.
“I am still young, still have a few more years to give to government, and I have to keep abreast of new trends, new ways of solving problems and achieving goals, so I can perform the way that my superiors want me to,” said Collins. For example, in her current role, to which she was appointed in 2006, she is constantly looking to see how she can improve record keeping – and how to take advantage of the capability of the Judicial Enterprise Management System (JEMS), an electronic records management system introduced in 1999.
“Frankly, we were previously skimming the resources of this system,” she said,” but each day we are trying to do more and more with the system.” She hopes, she said, that “one day the courts will be truly electronic – eliminating paper files – and, who knows, maybe one day even defendants may be able to search their own records.”
Colleague Yasmin Ebanks, now the Listing Officer for the Grand Court, has overall responsibility for listing across the five divisions – Financial Services, Family, Civil, Criminal, and Admiralty. Ebanks has served at the Courts for 25 years.
In this very demanding role, held since 2003, she interacts with lawyers involved in Grand Court cases. Under the supervision of the chief justice and in consultation with the judges, she schedules cases according to the availability of judges and parties, the demands of the cases and their urgency, as well at what is at stake. Often the more complex cases may involve assets worth hundreds of millions or even billions of dollars. Ebanks states that in recent years she has seen a dramatic increase in the number of cases involving judicial reviews – legal challenges to the decisions of government and of public bodies. Ebanks also supervises the courts’ marshals.
“Her office is a real hive of activity for the administration of cases coming before the Grand Court,” said the chief justice, and Ebanks “has earned herself a reputation as a dedicated and effective officer.” As such, he said, she advises him on a weekly basis on what the fixtures should be for the following week. “Mrs. Ebanks is a highly valued member of staff and very well regarded by her colleagues and the stakeholders she services,” said the chief justice. He recently presented Ebanks, who had been unable to attend the formal ceremony, with her long-service award.
Reflecting on her 31 years overall with the civil service, Ebanks says that she had to be wrenched away from the licensing department when she made the move 25 years ago to come to the courts. But she claims to have had no regrets, despite the demands at the courts, where she initially worked as secretary for many Judges, including the present chief justice. In the early years, the significant support of former senior officers, Nova Hall and Valdis Foldats, who are currently Chief Magistrate and Magistrate, respectively, helped her to expand her knowledge of the courts. Speaking about her current post as listing officer, Ebanks said, “It’s a very demanding job, not a day passes without some sort of challenge.”
Complicating things over the years, of course, has been the dramatic increase in work load at the courts. When she commenced her current role as listing officer, there were three Grand Court judges, the chief justice included. Now she can be listing for up to eight judges at a time, managing priorities, juggling resources, coping with some 60 to 80 emails per day – all urgent – and working out compromises.
Giving an example of how she uses her experience to reach compromises with her varied stakeholders, especially lawyers needing to bring urgent matters before the courts, on one occasion, she said, she was able to eke out a half-hour’s court time for an anxious lawyer. That apprehensive lawyer really wanted three hours but, given her trust in the enterprise of Ebanks, she settled for an initial half hour.
The reward is in the support she gets in her role, she said. The chief justice and the judges show appreciation for the demanding job and challenges; the lawyers are very understanding and cooperative; and colleagues Court Administrator Kevin McCormac, Clerk of the Court Tabitha Philander and other senior staff are very supportive.
To bolster her experience and paralegal certification, Ebanks earned the opportunity to be trained at the Royal Courts of Justice in London. She hopes, she said, to see one of her desires for the courts in the Cayman Islands come to fruition: an electronic diary – possibly integrating that with the Courts’ JEMS database. Ebanks was exposed to a similar system during her time London.
Meanwhile, Courts Maintenance Officer Jacqueline Scott holds her own with her two colleagues when it comes to pressures. Scott is responsible for assisting applicants in the enforcement of maintenance orders for child care. Following formal court instructions, she assists mothers in drawing up affidavits and issues summonses for delinquent fathers to be brought before a judge for enquiries and issue of appropriate orders. Similarly, Scott supports the judges and magistrates in ensuring that appropriate records are available, especially where applicants are not represented by attorneys.
Prior to joining the court, Scott served as a police officer, so she is well experienced in interfacing with the public in legal roles. Prior to her appointment as court maintenance officer, she served as a bailiff.
“Mrs Scott has a dignified presence and is very well regarded,” said the chief justice.
Two shootings in West Bay
(CNS) Update Monday 6:24pm: The RCIPS said Monday afternoon that officers responded to two incidents in which shots were fired on Sunday night, 30 June, just after 9pm. No one was reported to be injured in the first incident near Poinciana Lane, off Watercourse Rd. A second incident was reported minutes later in the vicinity of Super C’s restaurant, also located on Watercourse Road, West Bay. A 56-year-old man, who had received a gunshot wound to his arm, was taken to hospital. His injuries are not thought to be life threatening. An incident room has been set up at the West Bay Police Station and anyone who was in those areas around the times of the incidents is asked to contact DS Morrison at 649-3999.
Car used in smash and grab
(CNS): Police have arrested a man who reportedly smashed his car into a liquor store in order to steal the alcohol inside. An RCIPS spokesperson said that 911 received a report at 2:33 Sunday morning, 30 June, that the alarm for Jacques Scott Wines and Spirits at the Country Side Shopping Center had been activated. Uniform officers attended the location shortly afterwards and found that the front door had been smashed open by what appeared to be a white Honda car, due to the type of debris left behind. An APB was aired for officers to be on the lookout for a vehicle fitting the description of the debris left at the scene.
Less than two hours later, at 4:28am, an off duty police officer spotted the suspect vehicle heading towards George Town and it was was located by uniform officers in the vicinity of Caribbean Securities with one male occupant, who was arrested on suspicion of burglary. A search of the vehicle also revealed an assortment of alcohol, police said.
The male suspect was found by the police with numerous cuts and bruises and, as a result, was admitted to the hospital. He is expected to be released shortly from the hospital.
Burglar steals jewellery from Frank Sound home
(CNS): Police were alerted when two masked men were seen running away from a residence on Frank Sound Road at around 2pm on Friday. The owner was contacted and returned to their home, where they discovered that a rear door had been pried open and that their bedrooms had been ransacked. An inventory was taken and a quantity of jewellery was found to be missing. One suspect was slim built, in his early 20’s and had a brown complexion. He wore red basketball shorts, red jersey with a mask on his face and was carrying what appeared to be a machete in his hand. The other suspect had a brown complexion, and was wearing black short pants, black jersey and a mask on his face.
Anyone who has any information in regards to this incident is urged to contact the Bodden Town Police Station CID at 947-2220, Detective Khalesiah Barboram on 326-1899 or Crime Stoppers at 800-8477 (TIPS)
Man hit by truck after fight
(CNS): A man who was involved in an altercation in the parking lot of the Cotton Club afterwards walked onto the road, where he was struck by a truck. Police said that at one minute past midnight on Saturday morning, 911 received a report that a man was laying on the road in the vicinity of the club. when police officers arrived at the scene, they found that the victim was bleeding from the head. The man was transported to the Cayman Islands Hospital in George Town, where he was admitted due to lacerations to the front and side of his head. The victim later discharged himself from the hospital, police said.
Anyone who may have witnessed either the initial assault or the incident with the passing vehicle is urged to contact the George Town CID at 949-4222 or Crime Stoppers at 800-8477 (TIPS)
Trial set for courier robbery suspects
(CNS): The men charged with the armed robbery of a Sprint courier van outside an insurance company last October are set for trial on 16 September. The armed daylight robbery occurred in the parking lot of BritCay Insurance on Eastern Avenue, George Town. John Phillip Cohen-Ebanks, one of the men standing charged on this offense, had given several statements relating to his involvement in the robbery. However, Cohen-Ebanks entered "not guilty" pleas on the 14 June. After consulting with his defense attorney, he proclaimed his innocence to one count of robbery and an additional count of the possession of an unlicensed firearm, due to the findings from an investigation involving the crown's key witness.
50 year-old Cohen-Ebanks has been in custody at the George Town Police Station by request in light of the potential harm that may have come to him if he were remanded into custody at the Northward Prison because of the statements he had given.
It was recorded that Cohen-Ebanks had confessed to his involvement in stealing the CI$8,117 and US$593 from the courier during the daylight heist and claimed he wanted to help his sick mother, who died since he was remanded into police custody approximately 8 months ago.
Following the turn of events caused by Cohen-Ebanks' pleas during his arraignment, his 32-year-old co-defendant Manuel Carter appeared before the judge to make another bail application. Carter's application was refused once more due to the strength of the prosecution's case against him. Both Carter and Cohen-Ebanks will now remain in jail until the trial in September. Themen are jointly charged on the same indictment with a younger West Bay man, Tarick Crawford, who is currently on bail.
The courier driver reported that one of the accused approached and threatened him with a semi-automatic pistol and then made away with approximately $9,000. He was seen fleeing the scene of the crime in a Mitsubishi with his co-defendants allegedly inside.
Mac trial set for March 2014
(CNS): Former premier McKeeva Bush sat attentively in Grand Court Friday morning, where he was summoned for a mention hearing on the eleven criminal charges against him, including allegations that he used a government credit card to unlawfully withdraw thousands of dollars in cash from ATMs in US casinos while travelling for business and pleasure. The charges are for misconduct while in public office by dishonestly using government credit cards. The case is set for mention on 13 September and the courts have a trial date penciled in for March next year, while they wait to confirm the date with his full defence team. No further charges were laid against him.
Bush, who is the UDP leader and leader of the opposition in the Legislative Assembly, was represented by his defence lawyer, Michael Alberga.
The legal team were asked to inform the court at the earliest opportunity if they had concerns regarding the possible conflict for members of the local bench and to submit requests if necessary for an outside judge to preside at trial.
Related articles:
Mac’s charges consolidated (CNS, 11 June 2013)
Christian says process unfair
(CNS): Richard Christian, who was bumped off the ballot sheet in Bodden Town before the general elections because he has a US passport, says that if Tara Rivers, a successful candidate for West Bay, loses her seat over a challenge on the same issue, she could then renounce her US citizenship and run in any subsequent by-election, an opportunity that he was not given. Rivers, who is now a Cabinet member, must defend her right to run in the May election on 17 July, when the court will hear both side of the petition challenging her qualifications on two counts, one of which is that she may still hold US passport. Christian said he was “closely watching Tara's case” and was currently looking at his options regarding further action.
Christian was nominated as a People’s National Alliance candidate in Bodden Town but later advised by the district’s returning officer, Ned Solomon, that he was not qualified to be a member of the Legislative Assembly, pursuant to section 62 (1) of the Constitution. This is the section that deals with nationality as Christian owns a valid American passport. As this is considered an allegiance to another country, the official concluded that Christian could not run and the Elections Office said his name was removed from the ballot.
“On Nomination Day when the returning officer for BT asked me whether I would give up my US citizenship, I advised him yes. When I was called later that evening by the BT returning officer, one of the supervisors from the Elections Office and someone from the Attorney Generals Chambers, I asked whether I could give up my US citizenship before election day and I was told no it was too late," Christian told CNS. “My concern now is if a by-election is called in WB, it could give Tara the opportunity to renounce her US citizenship and run again, whereas I was not giving that opportunity.”
The petition challenging Rivers’ election as a member of the Legislative Assembly for West Bay was filed on behalf of John Gordon Hewitt, the husband of Velma Powery-Hewitt, the UDP candidate who came in fifth in the district poll. The petition claims she did not fulfill the residency requirement to qualify as a candidate. Hewitt also states in the petition that Rivers was born in the US and continues to hold a passport through her own act, which also disqualifies her from office.
“Tara, Cline [Glidden] and myself all appear to be in the same boat, but why was it that the returning officer for WB was allowed to nominate them, whereas the BT returning officer disqualified me?” Christain asked. “To my understanding, all three of us got that late call and/or in some cases was called to a meeting the day after nomination day at the elections office and the supervisor for the Elections Office knew the circumstances of each of our cases and therefore should have ruled that all 3 cases be treated the same.”
The would-be politician said he was not aware that holding a valid US passport was a ground of disqualification. “My interpretation (as well as a few lawyers I spoke with) of 62 (1) (a) was if you obtained a second citizenship by your own act. I felt that I was qualified as 61 (2) (b) states I can have another ‘citizenship’ by birth,” he said.
“To me the passport is just a travel document and prior to 9/11 US citizens could travel to Cayman with a drivers license and birth certificate which I use to do. When it became mandatory for all US citizens to have a valid passport, I had no other choice but to renew,” Christian explained. He said that section, which reads: "by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state", is very broad.
“Being born in the US, I have a US birth certificate. Is applying for a copy of your birth certificate considered acknowledgement of allegiance, obedience or adherence to a foreign power or state?” he asked. “One of the questions that the BT returning officer asked me was which immigration line do I go in when I arrive in the US. To me that question serves no purpose, what do foreign nationals do when they go in the visitors line only to be told by the immigration officers to go in the US residents line because it's shorter (it has happen many times). Does that mean you’re a US resident?”
US law states that people who relinquished their US citizenship are subject to an exit tax on everything they own as if they had sold it all. If an individual has filed tax returns for seven years they can proceed with relinquishing their US citizenship, but the process involves lengthy form filling, an interview at the US embassy, reflection time for the individual to seriously consider the implications of their actions and then a decision process by the US authorities.
People who live in the Cayman Islands who are US citizens, green card holders or even just have spent more than 183 days in any calendar year in the United States, are all required to file tax returns in the US, as they may be liable to pay tax there.
Those living and working outside the US are permitted to earn US$95,100 per year before becoming liable to pay tax, but tax returns must be filed to enjoy this benefit.
“If the IRS gets to you first they have the ability to deny you the exclusion,” according to US tax expert Shawn P Wolf.
Related articles:
Owe US tax? Get a tax lawyer (CNS Business, 1 February 2012)
Dump Uncle Sam, pay exit tax (CNS Business, 2 February 2012)
PNA hopeful off the ballot (CNS, 2 April 2013)
Christian denied appeal (CNS, 3 April 2013)
Rivers' election challenged (CNS, 13 June 2013)
Election challenge hearing set (18 June 2013)
Fire burns cars at Car City
(CNS): The Royal Cayman Islands Police Service is reporting that eight to ten vehicles have been burned at the Car City compound on Dorcy Drive. Police and the Fire Service are currently at the scene. No injuries have been reported. Check back to CNS later for more details.
Power outages across Grand Cayman Thursday
(CNS): CUC has said that the power outages affecting customers in some areas of Grand Cayman on Thursday were due to a temporary loss of electricity supply to two generating units within the North Sound Road Power Plant. Customers in parts of Rum Point, Bodden Town, George Town, West Bay Road and West Bay experienced interruption to their electricity service between 12:55pm and 2:45pm today (Thursday 27 June). However, CUC said that their crews worked safely to identify the problem and restore power as quickly as possible with service being restored to all customers by 2:45pm.