Cayman News
Cayman News's Latest Posts
CS suspensions costly
(CNS): Government is spending what could be millions of dollars annually on salaries for staff who are on required leave. A freedom of information request made by CNS last month to core government managers for the number of staff suspended from work, the reasons, the time period and the salary bracket has been largely ignored by most information managers but the handful that have responded offer a snapshot into how bad the situation could be. At Immigration alone, in addition to the recent announcements about the chief immigration officer and the director of boards being suspended, four other members of staff are on enforced leave, one of whom has been suspended for almost five years on a salary of over $45,000.
The only other government agencies with staff on required leave that responded to the request was the customs department, where three people are being paid to stay at home, and the Ministry of Planning, Lands and Agriculture, where one member of staff was placed on leave just two months ago.
According to the information supplied, all eight of these government workers have criminal cases pending in the courts.
The longest suspension is at immigration, where a person has been under investigation regarding work permit board irregularities since January 2010, earning an annual salary of $45,384. A second person has been charged with breaches of the immigration law and has been on leave for more than two years, having been suspended on full annual pay of over$34,500 since August 2012. A third employee at immigration on the lowest salary of $32,880 was suspended in August of 2013 and faces charges of burglary. The fourth was suspended this July on a salary of over $42,500 while they await a court case relating to charges of assault and threats to kill.
The immigration bill alone for staff on required leave, even without the recent addition of the two larger salaries, is already well in excess of $350,000.
The customs department has three members of staff on leave who have been charged with undisclosed criminal offences. Two have been on full undisclosed pay for a period of between two and four years, while a third has been on leave for over one year. Given that customs officers earn around $40,000, the bill for the three members of staff there could easily exceed $200,000, not including their benefits. Meanwhile, just one member of staff at planning was placed on leave in October on full pay as a result of a criminal allegation but the salary amount was not disclosed.
Only five other entities have responded so far indicating that there were no employees from their offices who had been suspended. However, CNS is pursuing the request, which is now past the thirty day deadline and has asked the Information Commissioner’s Office to intervene to help extract the information.
It is understood that the prison service, the RCIPS and in particular the education department, among others, all have staff that are being paid not to come to work for a number of different reasons.
Check back to CNS for more on this story in the New Year as we attempt to piece together the government's salary bill for staff that are being paid to stay away for their jobs.
Cops round up four robbers
(CNS): The police have arrested four robbery suspects following an armed stick-up last night at a liquor store in Grand Harbour. An RCIPS spokesperson said that three men with what were described as guns, entered Blackbeard's Liquor store at the shopping centre next to Hurley's at 7:41pm. The men demanded and stole an undisclosed sum of money from the store’s cash register and also robbed a customer of a cell phone and cash. The offenders left the location in a black SUV, heading in an easterly direction. No shots were fired during the incident and no injuries were reported.
The police said that shortly afterwards four men aged between 21 and 25 years old from Prospect and George Town awere arrested in connection with the robbery.
Anyone who was in the area at the relevant time and saw or heard anything suspicious that can assist the investigation is asked to contact the George Town Police at 949-4222, the RCIPS tip line 949-7777 or Crime Stoppers 800-8477 (TIPS).
Suspect crack dealer busted
(CNS): Two people from West Bay have been arrested for a number of drug offences following an early morning bust Wednesday by the RCIPS Drugs and Serious Crime Task Force, together with officers from the Operational Support Group (OSU). An RCIPS spokesperson said that just after 6:00am detectives and police officers conducted a search at a Mount Pleasant residence in West Bay, where crack cocaine, drug paraphernalia and cash was recovered. A 28-year-old man and a 34-year-old woman, both residents of West Bay, were arrested on suspicion of possession of cocaine, possession of cocaine with intent to supply a control drug, consumption of cocaine and possession of a prohibited weapon.
Police said that the woman was bailed to return to the George Town Police Station at a later date but the man remains in police custody.
Data protection bill faces human rights challenges
(CNS): Plans by government to introduce a data protection bill next year remain in question as human rights experts say the final draft of the proposed legislation falls foul of Cayman’s Bill of Rights. The chair of the Human Rights Commission has warned that the draft law is too complicated and most people will not be able to understand it. The final consultation period on the bill is now closed but HRC Chair James Austin-Smith said the commission wants to see more effort placed on public education because, unlike the FOI law, this legislation applies to the private sector as well as public service. Since it will impact the wider community, everyone needs to understand just how significant it could be and what could happen if they breach it, unwittingly or otherwise.
In its submissions on the proposed law, during what has been described by officials as the final consultation period on the final draft of the law, the HRC said it still has significant concerns about it. The HRC has pointed to the complexity and warned that efforts to simplify it have seen many of the fundamental protections removed.
The commission has raised concerns about the removal of a right to trial in some circumstances and the fact that the law is based on an outdated 1995 European Directive that doesn’t account for the advances in communication technology. The HRC also points our that, given the significant fines and draconian punishments proposed in the bill, it presents major human rights challenges.
While the law is based broadly on the English and Welsh Data ProtectionAct 1998, albeit with significant changes, the HRC said it creates a number of difficulties for the Cayman law. That UK law has come in for major criticism because it is already way behind the times when it comes to the internet and social networking.
“There have been huge advances in information technology and globalisation which have impacted data retention since 1995. As a result, in 2012, the European Commission announced a new draft legislative package to regulate data protection,” Austin Smith wrote on behalf of the commission, noting that it will be sometime next year when that new law emerges.
While the Data Protection Working Group has tried to anticipated amendments, if Cayman enacts legislation ahead of the changes it will need to be redrafted if the authorities here want to remain in line with the European model.
Basing the local legislation on what Austin-Smith described as “convoluted and complex legislation even for lawyers” does not bode well for the man in the street.
“The HRC remains concerned about the way in which this legislation is drafted and it is envisaged that the broader community will have great difficulty in understanding, and therefore fulfilling their duties, under the Revised Bill should it become law,” he warned.
The HRC believes that in an effort to simplify the complex law in this latest draft the working group have removed some “fundamental protections” creating “significant human rights concerns” and giving enormous power to the data protection commissioner, who, it is anticipated, will be the information commissioner.
Section 51 of the revised bill provides for a sentence of imprisonment of up to 5 years for breach of its terms. The HRC described it as a draconian penalty, but the real human rights concern is the removal of a right to appeal, forcing aggrieved parties to seek judicial review.
“This is an extremely regrettable provision. It means that the ‘appeal’ process in Cayman will be expensive and time-consuming. Lawyers will almost certainly be required. It also, effectively, introduces a reverse burden of proof requiring the aggrieved applicant to demonstrate that the Commissioner has acted contrary to the principles of lawful administrative action,” Austin Smith wrote.
The revised bill also states that the commissioner can certify to the courts that a person “shall be deemed to have committed an offence” if they fail to comply with his or her enforcement. “This is a quite extraordinary provision,” the chair said in the HRC submission.
“It effectively allows the commissioner, acting as prosecutor, to certify guilt and send a person for sentencing – removing the right to a trial. This provision is fundamentally contrary to all accepted international human rights norms, various international treaties and Cayman’s own Constitution. The HRC urges the DPWG to remove this provision from the Revised Bill and introduce the right to a trial for those accused of a breach of the law.”
Although government officials at the start of the last public consultation, which is now closed, noted that this was the final draft for discussion, it may still change before it goes to Cabinet and before it becomes a white paper.
The submissions and comments made over the last two months by interested parties and stakeholders will now be considered by the data protection working group who may still make significant changes before the law goes before Cabinet next year.
See the HRC submission and the draft law below and for more information visit dataprotection.ky
Operation Dasher racks up tickets and arrests
(CNS): As the police continue their Christmas crime crackdown, officials confirmed that just one week after the campaign began 188 people have been ticketed or arrested for traffic infractions. Operation Dasher, the working titled for this year’s festive focus on crime and safety, began on Wednesday 10 December and has netted nearly 200 people already for a catalogue of infractions, from speeding to driving under the influence of alcohol. In the last week just six people were arrested for drinking and driving but the police anticipate that there will be many more over the next few weeks as they urge people to use designated drivers or alternative transport.
“The motoring public are advised to use designated drivers or charter buses when attending Christmas functions, especially if they plan on consuming alcohol,” an RCIPS spokesperson stated. “Drink driving, speeding, cell-phone driving and failing to wear seatbelts are just a few of the traffic offences which will be targeted by RCIPS officers over the coming weeks in a bid to reduce deaths and injuries on Cayman’s roads.”
The Christmas crackdown campaign continues through into the New Year until Sunday 4 January 2015.
Welcome mat out for property owners and business
(CNS Business): A number of changes to the immigration regulations are expected to make life easier for wealthy visitors, business people and property owners coming to the Cayman Islands. Policy directives that were recently approved by Cabinet will allow business travelers to remain in the country for up to 10 working days without the need to obtain a work permit and allow those who own property in the Cayman Islands and can demonstrate their wealth to stay for up to six months without having to check in with the immigration department for visa extensions. The directive announced in October was published on the government’s Gazette on Friday. (Read more on CNS Business)
Gas prices unrealistic and unjustified
The prices at the retail pumps across Grand Cayman are unrealistic, unjustified and cannot be allowed to continue without intervention from our government. Although I write for myself, I am sure that I echo the sentiments of many who call these Islands home, that I am completely mystified as to how across the United States you can drive up to a gas station and purchase gas at US$2.00 a gallon and we here in Grand Cayman continue to pay CI$5.65 or US$7.06.
We purchase the majority of our fuel from the Gulf States, Texas in particular. In Texas today (December 10th); the average price of gasoline was US$ 2.16 per gallon.
Global oil prices are at levels last seen before the global economic meltdown. However, recent events are placing even more downward pricing pressures on oil prices generally: US domestic increased production; additional capacity coming on stream such as Africa (due to less internal political turmoil and more oil reserve findings) and so far, the oil production from Iraq has not been threatened by the ISIS threat. To further drive prices down, Asia and Europe demand is assessed to be weakening, creating what will likely be another “oil glut” in the New Year.
Some retailers of gasoline have said to me that we have to be mindful when comparing US prices to those in Cayman because of the US government subsidy given for Ethanol production. Well, my research shows that the US government did in fact have such a subsidy but it ended in 2011. Also, the subsidy was to US refineries only.
Our local gasoline suppliers should not be allowed to continually play games with the Caymanian consumers by always throwing up clichéd excuses like “economies of scale”; “global events”; “lagging effect”; “fuel duties” and “irrelevant US retail prices” because the true fact is that 90% of our gasoline that is imported in the Cayman Islands comes from the US Gulf States, predominantly Texas, and today you can buy a gallon of gas in Texas for US$2.16 per gallon. Indeed, since 2012, the price of regular gas (US$/G) has fallen some 40% to some US$2.60 currently.
We in the Cayman Islands have not seen a reduction of that magnitude ever!
The recent reduction of cents per gallon equates only to 0.07%. We can surely demand and expect a better treatment by our local gasoline suppliers than that.
One should also bear in mind that when these large oil companies are entering the marketplace to purchase their allotment of oil supplies, they utilize their profit centers to place their bulk orders. These profit centers are wholly owned subsidiaries of their parent companies and as such they utilize their tremendous purchasing power to ensure that they can secure their individual fuel allocation (based on forecasted demand from their regional counties/ islands that they supply) at discounted prices. This is so because in the real marketplace the more you purchase (in monetary terms) the greater is your leverage to secure lower or most favored prices.
To conclude my letter and hopefully drive my main argument home let me say this:
Once these profit centers (wholly owned subsidiaries of the large oil companies) purchase their fuel allotment, they then in-turn “on-sell” their fuel to their clients. These can be other smaller subsidiaries that are scattered around the world but certainly they will include those in the Cayman Islands.
These larger oil companies have the capacity to even bulk store their fuel and then to “sell/ deliver” to their smaller regional subsidiaries or affiliated companies as and when they demand more supplies. But what is vitally important to always bear in mind is that these regular and random oil deliveries that one sees arriving at our South Sound Terminal are not (I repeat!) not, being purchased at high prices on a spot basis. These are inventory fuel deliveries, made in advance, at the best possible market prices, by these individual “profit centers” or wholly owned subsidiaries of the large oil companies.
In essence, due to their ability to bulk store their own oil inventory, these “profit centers” are actually “selling” to Cayman their own fuel product.
I support the ongoing discussions with south Texas based Navasota Energy, which I firmly believe would result in our own ability to experience long term lower fuel prices by the development of a new bulk fuel storage facility which could be ideally situated in the deep waters in our Eastern district. Failing that, it is my position that government should consider the implementation of price control legislation, which could be invoked as the situation demands, to address what we are currently experiencing.
What I am saying is that we, the general public, in these beloved Cayman Islands are being subjected to modern day “high way robbery” by our local gasoline oil distributors’ and also that based on what has been happening in the global oil and petroleum market, since 2012, the retail prices that we are being subjected to in regards to our local gas prices are “unrealistic” and “unjustified”.
Cops with convictions remain
(CNS): The firestorm following the recruitment of a now convicted murderer to the RCIPS has raised a long standing public complaint that the police have a history of failing to check the background of those recruited to the service. The police commissioner recently confirmed that at least one other serving police officer was recruited with at least one criminal conviction. The prison service has committed to reviewing every one of its employees after it discovered recently that one of its officers was a registered sex offender. But even though there are concerns that others with a questionable history may be on the police payroll, there has been no indication that the RCIPS management will be doing any kind of review.
Commissioner David Baines recently confirmed that an officer is working in the RCIPS who was convicted at least once with possession of a significant amount of ganja before joining the service.
Baines said that although this was a spent conviction, which means that enough time had elapsed that it was no longer taken into account for legal purposes, police officers, like a number of other public servants, are obligated to reveal all past convictions, regardless of how old. In this case the officer, who remains on staff, did not do so. In 1996, two years after he was recruited, the officer was, Baines said, the “subject of a disciplinary inquiry by the then Deputy Commissioner of Police, who recognized the failing had occurred with no overseas vetting procedures being undertaken.”
The commissioner said this led to a review of recruitment practices. The chief inspector of the training department was advised of the failings and the RCIPS application form was amended to ensure all convictions, including spent convictions, are revealed in an application.
CNS cannot name the officer in question because the police commissioner said we would be committing an offence if we did.
The officer was reportedly spoken to about his failure to reveal his past criminal record as it was a spent conviction, it was “determined that he should be retained by the RCIPS”, Baines said, and he remains in office to date.
The commissioner also confirmed that he had, since taking up the top job at the RCIPS, dismissed another officer who was appointed to the RCIPS with a previous convictions and had served time at HMP Northward.
“Whilst his appointment was prior to my arrival in the Cayman Islands, I discharged him whilst in his police probationary period as being unlikely to make an effective police officer,” Baines added.
Over the years allegations of officers from Jamaica and elsewhere arriving in Cayman with a chequered history are not uncommon and thereare concerns that the RCIPS is still not conducting the level of background checks the public wants to see when it comes to those entrusted to enforce the law. The complaint, however, is not confined to the police, prison or other law enforcement agents but across government and in the private sector as well.
The recruitment of people to Cayman from all over the world leaves the jurisdiction vulnerable, with the credibility of police clearance certificates from overseas, references and other alleged credentials rarely checked. There is a widely held perception in the community that as a result of the weaknesses in background checks, overseas recruits serving in position of trust in both the private as well as public sectors with a questionable and even criminal past is not uncommon.
Women take on water challenge for Crisis Centre
(CNS): Thirty three women took part in the first ever Ride Like A Girl event in Cayman last weekend and rasied over $2000 for the crisis centre. The women’s only watersports challenge as well as being a fundraiser was designed to empower and motivate the participants to overcome any fears they may have of watersports. The group was made up a majority of complete beginners who organisers said showed courage by trying new and intimidating sports while more advanced girls were pushed to new limits under the supervision of local pro’s Maya Lewis, Amy Strzalko and Kiristen Cousins, the event’s founders.
The day started out a Barkers National Park with a warm up Yoga session before splitting the event’s participants between the two resident kite schools, Kitesurf Cayman and Hurricane kiteboarding. Beginners were introduced to the art of kite flying using trainer kites on the sand before advancing to full size inflatable kites in the waters shallows. In the afternoon the women were paddle boarding and wakesurfing.
Waterman shop manager and Coreban paddleboard team rider Kiristen Cousins led beginner paddleboarding classes as well as paddlefit demonstrations. “I’d love for more ladies to enjoy the amazing water we have here and use the beach as a venue for getting fit,” she said. We should all be making the most of our incredible surroundings and paddle-fit is such a good way to do that. I’m so proud of the girls for facing their fears today – water sports are generally male dominated so they can be intimidating but we’ve been able to create a welcoming and relaxed environment for participants to make friends and try something new at this event.”
The day wrapped up with a fast and furious couple of hours on board Wakeboard Cayman’s speedboat which took groups of girls out to try Wakesurfing – a relatively new sport to Cayman, which sees participants surfing a wave behind the boat.
Maya Lewis, on of Ride Like A Girl founders said she was thrilled to be part of the inspirational event. “Our Ride Like A Girl women gather with the hope of trying something new,” she said. “They left with huge smiles, new learned skills, new friends, a new community of women to ride with and tremendous satisfaction from raising funds for a wonderful local charity.
Amy Strzalko, another of the founders, added: “that the aim was to get more girls out on the water, bring people together and raise money for charity. “Having achieved all of that makes me feel immensely proud to have been part of it.”
Organisers said there was a waiting list and so hope it will become a regular event
Red Bay’s U11s take Savannah by surprise
(CUC-PFL): The 2nd round of the 2014/15 CUC Primary Football League (PFL) Playoffs ended Saturday, with a number of very exciting games and a few surprises in the U9 and U11 Consolation and Champions Cups. The inaugural CUC Girls’ Primary Football League (GPFL) also came to a conclusion with the final between Sir John A Cumber and St Ignatius Prep. In the U9 Consolation Cup, Truth For Youth defeated Bodden Town 6-0 and Triple C held off George Town 3-2. In the PFL U9 Champions Cup, Cayman Prep kept their undefeated record with a 4-1 victory over Cayman International School; St Ignatius drew 1-1 with Prospect, Savannah defeated Red Bay 3-1 and Sir John A Cumber secured their 2nd win in a row with a 2-0 victory in the playoffs over the NorthEast schools.
In the Under 11 Consolation Cup, Cayman International School opened their 2014/2105 Playoff campaign with a 4-1 victory over Prospect Primary and Bodden Town Primary defeated George Town Primary 4-2.
In the Under 11 Champions Cup, Cayman Prep blanked Truth For Youth 6-0; Sir John A. Cumber Primary bounced back from their surprise first round loss to Triple C with a 2-1 victory over NorthEast Schools and St. Ignatius Prep scored late to secure a 2-1 win over Triple C.
In the Under 11 Champions Cup ‘game of the day’ Red Bay Primary’s Dequan Messam scored in the last two minutes to secure a famous 1-0 win over previously undefeated Savannah Primary. The win was Red Bay’s second successive victory in the Playoffs following a 2-1 win over St. Ignatius Prep in the first round.
The win elevated Red Bay Primary to second place in the Under 11 Champions Cup playoff standings, two points behind current leaders Cayman Prep and one point above Savannah Primary with two more rounds to go.
To conclude the day’s activities, an undefeated Sir John A. Cumber Primary faced St. Ignatius Prep in the final of the GPFL. The two schools had previously met during round two of the regular season in early October with the young ladies from West Bay coming out on top by a score of 5-0. Eager to avoid a second successive defeat at the hands of their counterparts, St. Ignatius Prep started the game very brightly by spraying passes wide in an attempt to keep the ball away from the always dangerous Sir John A. Cumber midfielders and attackers.
In Stoyanna Stewart, Sir John A. Cumber possess a very talented, natural goal scorer who would not be denied for very long. Miss Stewart blasted her team in front in the 13th minute and added a second in the 27th minute to make the score 2-0 going into half time.
Allison Juarez added a third in the 31st minute to secure the victory and the inaugural 2014/2015 CUC GPFL League Championship for Sir John A. Cumber Primary.
For her efforts and two goals in the final, Stoyanna Stewart was presented with the Marie Martin Most Valuable Player Award from the award’s namesake, Miss Marie Martin.
Sir John A. Cumber’s captain Lily Powery received the League Championship trophy on behalf of her team, while Shayanna Windsor collected the League Runner-Up trophy for St. Ignatius Prep. Cayman Prep finished third and NorthEast Schools rounded out the top four.
Special thanks to the PFL’s young officials David Conolly, Joshua Frederick, Ernie Jacques, Shakur Welcome, Leo Ebanks and Matthew Suberan for officiating all the days games.
The PFL Playoffs will take a break for the holidays and resume on Saturday, January 10 at the Annex Field with the third round of games.