Headline News
Count extended for refusers
(CNS): Although the country’s census workers hadmanaged to reach 90 percent of the population of the Cayman Islands by the time the 2010 national count officially ended yesterday, the ESO has decided to extend the census for two more weeks. As a result of a number of people who have refused to answer and a few who have been away, workers will be revisiting several households. Census Manager Elizabeth Talbert told CNS that the ESO has never before filed charges against anyone for non-compliance, and would prefer not to have to do so. She said she hoped the remaining two weeks would give the people chance to reconsider and comply with the law.
“We are willing to send a different enumerator to them if their refusal is based on the personality of the enumerator that was assigned to their area, or we could arrange to have them fill in the form themselves and submit it directly to the ESO if their concern is confidentiality,” Talbert said hoping to encourage the last remaining households to join in. “We are hoping that this final appeal will encourage the non-respondents to comply.”
She said anyone who had not yet taken part could call the Census Office in their respective area and arrangements will be made to get them enumerated. Census workers will now be returning to all of the households that have refused to cooperate as well as those that have been away. “The overall response has been really very good, but we must reach everyone,” Talbert added.
The count began on 10/10/10 with the goal of counting 100 percent of the islands’ households and as close to 100 percent participation in the actual census as possible. The ESO was at pains to emphasize the confidentiality of the count and the increase in penalties for any breach of confidentiality, as well as the extensive training the 300 enumerators had undergone before the census began.
District Census Offices are open Monday-Saturday 8:30am-8 pm.
George Town: Paddington Place, 946-5107 (Daisylyn Chin or Selburn Christian)
West Bay: Centennial Towers, 914-7864 (Nicole Emmanuel-Jones or Theodore Thompson)
Eastern Districts: Countryside Shopping Village, 949-9229 (Adolphus Laidlow or Michael Godfrey)
Cayman Brac and Little Cayman: 948-0940 (Chevala Burke).
Killers present grounds of appeal
(CNS): The two men accused of killing Estella Scott-Roberts, between them put nine grounds of appeal before the Cayman Islands Court of Appeal on Monday that they say make their convictions unsafe. Both men are appealing the murder convictions handed down to them by the Chief Justice, Anthony Smellie in February of this year. Kirkland Henry claims in his appeal case that the trial judge misdirected himself twice and erred in judgment four times in the ruling against him. Larry Ricketts, meanwhile, has suggested the judge got it wrong in his case on three different aspects. The two men were both represented by lead defence attorneys from the UK as the appeal opened on Monday morning. (Photo courtesy Cayman 27)
Ian Bourne QC, took the stand first to make the appeal for his client Henry who had pleaded guilty to rape, robbery and abduction but claimed that the murderer was his accomplice Ricketts and he had never contemplated or took part in the killing of Scott-Roberts.
In a full day of argument Bourne suggested that in his verdict against his client the chief justice had made several errors. He said the judge had failed to direct himself in the correct way when it came to the lies Henry had first told to the police about why he had Scott-Roberts’ phone before he admitted he was involved in the crime. Bourne suggested that the judge had concluded that because he lied about that Henry had also therefore lied about his claim that he had not been involved in the actual murder.
The defence attorney also said that the chief justice had not considered Henry’s previous good character before the night in question and there was no mention in his ruling that he gave any consideration to the fact that as someone who had not committed a crime before he could be capable of telling the truth.
Bourne went on to argue that judge had erred in his conclusions that Henry was guilty of murder because it was a joint criminal enterprise from which he did not withdraw. The UK defence counsel made the case that there was no evidence in the trial that Henry had entered into a joint enterprise where the intention was ever murder and that there was no evidence that his client was not being truthful when he said in his statement that he had withdrawn from the crime when Ricketts went to commit the act of murder.
As he had argued during the murder trial earlier this year Bourne once again said that his client had not contemplated the act of murder, had not committed it and had withdrawn from the crime when his accomplice killed their victim.
Bourne also argued that the judge was incorrect in his ruling when he concluded that Henry’s statement to the police was self serving. Bourne claimed that the account Henry gave of the crime was truthful, giving police information that they could not have known and was far from self serving but extremely incriminating when it came tot he rest of the crime.
Following the conclusion of Henry’s appeal against the murder conviction Robert Fortune QC will argue the case for his client Ricketts tomorrow morning (Tuesday 22 November). Fortune, whose client denied being at the scene is expected to argue that again the chief justice has not considered the possibility that his client could have been telling the truth on the basis that he had no previous convictions. He will also raise the issue that the judge has not given due consideration to Rickets claim that the interview given to police was not a voluntary statement made by the defendant but one that the police concocted. Fortune is expected to argue on his third ground that the judge also failed to consider cell phone evidence that suggests Ricketts could not have been where the crown claim he was.
Following the submissions by the two defence QCs, the solicitor general, Cheryl Richards QC will offer her submissions in defence of the conviction before the three appeal court judges will had down their verdict on the safety or otherwise of the convictions.
Hit and run driver gave himself up
(CNS): A 27-year-old kitchen assistant has been charged with causing death by dangerous driving and leaving the scene of an accident after giving himself up to the authorities. Mario Peter Pereira, an Indian national from Goa, is charged with hitting and killing 52-year-old Winston Welsh on Crewe Road on 12 November as he tried to cross the road to the Mango Tree Restaurant. The defendant, who had been in custody, was granted bail at $5000 to appear again on 16 December when an inquiry will be held to establish the facts of the case. The defendant was told to surrender his passport, as he could not now leave the jurisdiction until the case was heard, and that he must reside at his George Town home.
During his first court appearance on Monday afternoon it was revealed that Pereira had surrendered to the police a few days after the incident and admittedthat he had hit the victim, fled the scene, altered the car and hid the vehicle before he decided to give himself up. His defence attorney said it would be established that this really was a tragic accident on a very dark road with no aggravating circumstances such as speed or drink.
The defence attorney said Pereira was well thought of and his employers were holding his job for him, which he would return to once on bail. The crown had no objection to bail being granted provided the conditions were imposed.
Tourism faces major cuts
(CNS): The Department of Tourism is set to lose much of its current functions to various other government departments as part of the civil service efficiency drive. According to the recent reportby the civil service review team, some $3.5m from the DoT budget of almost $27m can be saved by policy changes, downsizing and transferring or outsourcing responsibilities to other agencies. The team also called for an end to Jazz Fest and other promotions that the DoT manages, saying it should contribute no more than 25% to host the various other events throughout the year. The team said DoT does several things outside the stated strategic focus of tourism and needed to refocus on promoting the islands.
“Over the years, DOT has accumulated ancillary functions, the cumulative effect of which detracts from the core focus of the department,” the civil service review team said in its recent report, adding that non-core activities should be transferred or outsourced to allow it to focus on its main mission.
The review team said the administration of tourism scholarships should be transferred to the Education Council, and training to the education ministry or privatised. It said the analysis of tourism statistical data could go to Economics and Statistics Office, money collection to treasury and accommodation inspections could be done by Department of Environmental Health. It also said the department needed to cut overseas staff.
“A review of DoT expenditure and budget showed that over 60% of overseas staff time is spent on promotional activities, meaning that the government has hired overseas staff primarily to attend promotional activities at … a cost of up to $7.9 million … The review team questions the justification for spending 31% of the department’s entire budget on promotional activities,” the report stated.
The team revealed a lack of performance indicators to justify that level of expenditure. Signalling the death knell for Jazz Fest, the review team said it was concerned that the return on investment of managing tourism events is not clearly established or well monitored. “An example is the Jazz Festival, the net cost of which was $1.0 million in 2009. It was not clear what contribution the Jazz Festival made to tourist visitation figures. Also, some industry stakeholders questioned the timing of the Jazz Festival and believed that the timing is not in the best interest of the economy.”
As well as the restructuring of the US office, which is already underway, the review team proposed a restructuring of all the DoT offices, including Grand Cayman.
“The Review Team is concerned that staffing levels are excessive, outdated and are not cost effective,” the report said. “DoT employs more than 35% of its local and overseas staff in marketing roles. In addition DoT has outsourced $9.0 million of marketing expenditure. The Review Team is concerned that the true productivity gains from outsourcing through a re-alignment of staffing have not been achieved.”
It said the cost of the UK office of $2.3 million cannot be justified in terms of the passengers coming from Britain. “There is significant potential to reduce the current spend of $1.2 million on advertising and $600k on other promotional activities.”
The team recommended redirecting some of the spending to the Canadian office, which it said has the potential to increase tourist arrivals as Canada has a direct air link. The Review Team was advised that air arrivals from Canada could be doubled with input of more resources.
HR staffing levels in the department were also seen as “far in excess of the standard benchmark” for other government departments and recommended the redeployment of at least two people from human resources.
The team recommended placing more emphasis on web management, which it said was critical for the success of tourism. It said the current website and its functionality is outdated in comparison with other jurisdictions. “A review of DoT‟s internet strategy, management and resourcing is urgently needed. The Review Team believes that some of the savings identified elsewhere in this review should be redirected to upgrading the website and to developing a comprehensive E-strategy.”
Although the DoT management agreed with some of the recommendations it questioned whether tourism training could be outsourced to the private sector noting that, had this been a viable business proposition, a vocational institute specialising in tourism would have already been developed. The department also raised concerns about others inspecting tourism premises as it said DoT officers have the requisite knowledge of the laws and regulations and industry. “It is highly questionable whether another government agency would be able to effectively represent the government’s interest,” the DoT said.
Tourism managers also disagreed with the recommendation to pass on the analysis of tourism date to the ESO. “The department’s data collection, research and surveys is an ongoing and integral part of our activities so that informed business decisions can be made for effecting tourism strategies,” the DoT said.
Gun runner’s yard was scene of West Bay shooting
(CNS): A man who pleaded guilty to the importation of three firearms says he bought the guns to protect himself as a result of a shooting which took place in his West Bay yard in 2009. Joseph Hurlston, who admitted guilt part way through a trial for the offence, said he went to Jamaica earlier this year and bought three handguns, for which he paid $3,000. Hurlston had returned to the Cayman Islands with the unlicensed weapons in a canoe but on nearing the reef in East End the boat had capsized. Hurlston was apprehended by police soon after coming ashore with just one of the weapons, which was loaded. The court heard that Hurlston’s home in Bonaventure Road was the location of the murder of Marcus Ebanks back in May 2009.
In the same incident Adryan Powell, who was 14 at the time, wasalso shot and is now confined to a wheelchair, and Ebanks’ younger brother was also injured when two masked men allegedly opened fire on a group of youngsters hanging around Hurlston’s yard. It was not until late May of this year that Raziel Jeffers was charged with the murder and is now awaiting trial. So far, police have made no charges in connection with the second shooter.
The court heard on Friday afternoon that Hurlston, who had no previous offences for violent crime, was a witness in this murder case. Hurlston’s only previous dealings with the court until this gang related shooting had been over possession and cultivation of ganja.
The 28-year-old West Bay man now faces a minimum sentence of seven years in jail as a result of the guilty plea, but which could be higher. The crown argued that while a guilty plea lowers the statutory minimum for firearms cases from ten years to seven, because Hurlston was so late with his plea he should not be given the discount.
John Masterson, acting for the crown, said Hurlston’s plea had come very late in the day and only once he knew for certain that all of the evidence against him would be admitted. “This was a tactical plea,” Masterson told thecourt. “He only entered his plea after highly incriminating evidence was read to the court.” Masterson stated that Hurlston had put the crown to prove the case, had not saved the court any time as all the witnesses had been called, and despite knowing he was guilty he did not admit his crime until the last possible moment. “The defendant always knows whether he is guilty,” Masterson noted, suggesting that the discount on sentencing is there to encourage people to admit to guilt as soon as possible.
Defence counsel representing Hurlston told the court that there was no qualification in the law that a guilty plea had to come at a specific time to earn the three year discount and that the judge should work from a seven year minimum sentence. Lucy Organ pointed out that, as his defence attorney, she could not advise her client to plead guilty to an offence until she knew that the firearm could be defined as a weapon and that there was proof that a crime had occurred.
She said the guns were bought, albeit misguidedly, through fear as a result of the May 2008 murder in his year and that there was no evidence to suggest Hurlston intended to use them in pursuit of a crime. With no previous convictions for violence and certainly no previous connections with firearms, but with no authorities in the jurisdiction to consider, Organ asked the judge to use his discretion when sentencing her client.
Justice Smith said he would hand down his sentence on Friday 26 November.
Murderers in court of appeal
(CNS): The two men convicted of murdering local activist Estella Scott-Roberts will return to the courtroom Monday morning. The Cayman Islands Court of Appeal is set to hear from lawyers representing Kirkland Henry and Larry Ricketts why they believe the convictions should be quashed. The grounds of appeal have not yet been revealed for the two men, whose cases will be heard separately. Both men were found guilty of the murder of the Cable & Wireless executive after a judge alone trial before the chief justice in February. Henry had pleaded guilty to kidnapping, robbery and rape but not guilty to murder, accusing his co-defendant Ricketts of the killing. Ricketts pleaded not guilty to all charges, insisting he was not there on 11 October 2008 when Scott-Roberts was murdered.
Ricketts had, however, made a confession to the police soon after his arrest and the chief justice said in his verdict that he was no doubt that Ricketts’ confession had been made freely and had not been concocted by the police as Ricketts had claimed when he took the stand. The judge also rejected Henry’s claim that while he was at the scene of the crime he had not participated in the murder and had told Ricketts he wanted no part in killing their victim. “I do not accept he made any attempt to withdraw from the criminal enterprise,” the chief justice stated before he indicated he was satisfied that Henry was also guilty of murder.
The badly burned body of Estella Scoot-Roberts was discovered in her own burnt out car in the Barkers area of West Bay on Saturday, 11 October 2008. She was last seen alive on the night before, when shehad dinner with friends at Deckers restaurant on the West Bay Road. The two men had abducted her from the parking lot at around 1pm that night.
Both men, who are Jamaican nationals, are serving life sentences at HMP Northward. At the time of their arrest in 2008 the men were living in George Town, where Ricketts worked as a carpenter and Henry a gardener.
Although both men were tried for the murder and Henry pleaded guilty to three other charges, Ricketts is still listed to face trial for abduction and robbery. This case was set for October but the trial was postponed until after the appeal.
Alongside his life sentence, Henry also received 20 years for rape, 15 years for abduction and 13 years for robbery and he is also appealing those sentences.
Judge sends teen to US bootcamp
(CNS): A 16-year-old boywho pleaded guilty to possession of an unlicensed firearm is facing an alternative to prison after a judge revealed he wanted to send the troubled teen to a specialist wilderness programme in the US. Justice Smith said he believed the youngster should be given one more opportunity to change his behaviour and felt he would benefit from the specialist programme. The judge directed crown council to consult with the attorney general for a certificate of approval for the Second Nature Wilderness programme in Georgia, where he recommended the juvenile attend a programme before going on to a boarding school in Utah.
Explaining his decision for the order in the Grand Court on Friday morning, which is believed to be the first of its kind in the Cayman Islands, the judge said, “ It is my own view that we must give this youngster one more opportunity to make good on his life.”
Justice Smith said he felt the specialist rehabilitation programme could deal with his behaviour, anger management and substance abuse problems better than a probation order. He noted that although there may be no precedent in the jurisdiction for his choice of sentencing, the court should not be deterred from trying to find the most appropriate course of action.
The judge said he wished to see if the young offender “could be placed on the right track to make something of his life.” In his ruling Justice Smith noted that the young man had pleaded guilty and expressed a deep regret over the place he had found himself in and wanted an opportunity to change his lifestyle. He said that the young offender’s parents had identified the programme which the young man’s social worker had agreed would be of benefit to him.
The boy had been charged with the offence following his arrest during a police operation in West Bay in May of this year. The defendant was with a crowd of other young people in front of an open garage in the Mount Pleasant area who all fled when police approached the location. One officer chased the teenage boy and stated that he saw the young man throw an object into a yard. The object turned out to be a load semi-automatic hand gun, which the teen told police belonged to an older boy in the crowd.
The young defendant said after his arrest that it was the first time he had ever seen the firearm that day and he did not know it was loaded. He stated that he had been told to pick it up and hide the gun behind the property by the older boy when the police approached the garage and he was too afraid not to do as he had been asked
Although firearms offences carry a mandatory minimum sentence of seven years imprisonment when a guilty plea is entered under the 2005 Firearms Law, the judge said that as a juvenile that statute did not apply in this case.
Justice Smith indicated that he believed the youth justice law guided this case. The judge said that had the country’s legislators intended that the firearms law to over ride the law’s governing the prosecution of young offenders they would have indicated that in the legislation.
As a result the judge was free to impose a sentence under the youth justice law and said he felt that a rehabilitation order was the best way of dealing with the teen. Justice Smith adjourned the court for two weeks in order for the crown to inspect the centre in Georgia where the judge has indicated he would like to seen the young offender sent.
New chair for WP board
(CNS): Government officials have confirmed a reshuffle on the country’s key immigration board after the departure of the chair and the removal of two members. Local attorney Sherri Bodden-Cowan, who currently heads the Immigration Review Team, has been appointed the new chair of the work permit board in the wake of the resignation of Lemuel Hurlston. McCarron Morris McLaughlin and Dorothy Davis have also been replaced as a result of conflicts which made them unable to continue, according to government sources. Gary Rutty and John Foster have taken up the two empty seats on what is considered to be one of the country’s most important boards.
The changes which were made during last week’s Cabinet meeting following recent comments by the country’s premier that he wanted to change the make up of the board, as he said decisions were being made that hindered the country’s economic development. Speaking in the Legislative Assembly earlier this month, McKeeva Bush warned that he intended to review the membership of the work permit board. “We are going to change the people on the board, whether they are government supporters or not,” he said. “The tail cannot wag the dog.”
The board in question is responsible for granting temporary and permanent work permits to all foreigners working on the islands as well as decisions regarding who is granted key employee status.
The newly appointed chair is no stranger to the complex and controversial issues surrounding work permits as well as and key employee status. Bodden-Cowan is not only chair of the current IRT but one of the major players in the formation of Cayman’s immigration policies over the last decade. She was one of the architects of the original 2003 immigration law which introduced the seven year work permit limit and has long been an advocate of a flexible immigration policy.
She has spoken frequently of the need to balance the demands of Cayman’s dynamic work force and the numbers of people who can rightly become eligible for Caymanian status.
Immigration has become one of the key elements in the current government’s goal to improve the country’s economic fortunes. Bush has said on a number of occasions that the country needs tobe more flexible when it comes to immigration and more welcoming to people from overseas who could help to generate wealth for Cayman. The premier has turned his attention in particular to the financial services sector where he is keen to see swifter decisions on staff to facilitate the industry’s growth.
Co-chair of the UDP, Bodden-Cowan has played a key role in piloting the new accreditation system, which is about to be rolled out for the financial sector and is being lauded as key to improving the efficiency of the work permit application process. She recently stated that the new system would not only offer employers a more efficient way of getting the people they needed but would offer better protection to local workers as well.
Bodden-Cowan is also a supporter of reducing the rollover period, which is currently twelve months but she has warned that government could face legal challenges if the break in stay for foreign workers is reduced too much. However, the premier recently announced he was considering reducing the rollover break to as little as one month based on advice he had received from UK counsel.
Six deaths drive clamp down
(CNS): One of Cayman’s top traffic cops has said that the current poor driving on the country’s roads has to be challenged. In the wake of the sixth road death of the year, last weekend, Inspector Adrian Barnett of the RCIPS Traffic Management Department is encouraging everyone to be responsible and realise that their actions have consequences as the police begin a road safety crackdown for the Christmas season. He said that if the community didn’t challenge the bad driving more familieswould be burying loved ones as a result of avoidable fatalities on the roads. The clamp down starts Monday and cops warn they will be focusing on drink-driving and speeding. (Photo Dennie Warren Jr)
“The fact is that drinking and driving and speeding cost lives,” said Inspector Barnett. “Too many people still take chances with their own safety and the lives of others on our roads by getting behind the wheel of a car when they are drunk, using our roads as race tracks or, in many cases, a combination of both.”
Barnet said that the latest road fatality was also the fourth hit and run when a driver made off from the scene, since the beginning of the year. “That’s why the driving behaviour we see day after day in this country needs to be challenged head-on. If we do not collectively challenge it the death and destruction on our roads will continue and more families will have to go through the heartache of burying their loved ones,” he added.
The traffic cop called on everyone in the community to join with the police and play their part in the forth coming campaign. “If you know someone who drinks and drives encourage them to use a taxi or a designated driver, if they don’t – call us; if you see anyone driving dangerously – call us. That call could help save a life.”
The RCIPS holds a road safety crackdown during the festive season every year and the 2010 seven week campaign of enforcement and education for all road users which will challenge bad driver behaviour and enforce the ‘don’t drink and drive’ message starts on 22 November.
High visibility patrols, static road checks, unmarked vehicles, radar stops and targeted operations will all take place throughout the campaign period to discourage and detect those who drink and drive, or engage in other inconsiderate or illegal road activities.
A programme of education will also take place and police officers will deliver road safety presentations in schools throughout the Islands in an effort to make young people more aware of how they can stay safe on the roads while on foot, on a bicycle or travelling in a car, police said.
Ritz prices out local captain
(CNS): A local captain is speaking out about what he considers unfair treatment by Grand Cayman’s leading resort. Although Captain Dexter Ebanks, one of the most popular local operators, has been working with the Ritz–Carlton Grand Cayman since it opened, taking guests on excursions to Stingray City and other snorkelling adventures, he says he is now being priced out by the hotel. Ebanks told CNS that the Ritz has asked him and other tour operators to increase insurance liability to as much as $25 million. At such a high level with no guarantee of business Ebanks said he can no longer work with the hotel. Meanwhile, the Ritz told CNS that the request for increased cover reflects its experience in the Caribbean.
Explaining that he had already met one request by the Ritz to increase his liability cover for tours through his company Fantasea Tours, Ebanks said that this time he could not meet the unrealistic demands. “About two years ago, I previously complied with the Ritz Carlton request by increasing my liability insurance from $1million to $2 million as a requirement to carry on doing business with the hotel,” Ebanks told CNS. “In July I received their new request for more liability insurance.”
This time the Ritz said it was looking for as much as $25 million in cover if the tour operator was carrying 12 or more passengers and asked for a certificate of insurance, in 15 days, evidencing the new rates. It asked for $1 million in general liability coverage for each occurrence and for protection and indemnity for 5 or less passengers of $5 million, 6-12 passengers $10 million, over 12 passengers $25 million and liquor liability insurance $1 million. It also asked that if the operators offer transportation the auto liability requirement for 5 or less passengers was $3 million, 6-12 passengers $5 million and 13-25 passengers $10 million.
Even if he had gone ahead with a policy, providing he could find a willing insurer, Ebanks said the hotel was not prepared to give him any assurance about the level of business it was prepared to do with him to justify his investment. The captain pointed out that by pricing local operators out of business with such over inflated rates it would create resentment. He also questioned why the Ritz seemed to be pushing him out when he had offered top class service to the hotel for so long.
“The Cayman Island government has given away millions of dollars in concession to these companies to encourage development so that Caymanians can get work,” the captain said. “I know there has been many a disappointment with some Caymanians’ performance and attitude, but I challenge any of them to question mine. All anyone has to do is to go on Trip Adviser and see for themselves what Fantasea Tours is all about.”
While Ebanks said it certainly affected him directly, he felt it was a slap in the face of all Caymanians and he is not alone. Although, they have asked not to be named, there are other operators who say they too are facing the same request for high insurance coverage that they simply cannot justify purchasing, especially when the hotel gives no guarantees of business.
A number of operators have said, however, that they believe the real reason for the unrealistic liability cover demand is so the hotel can justify creating its own water sports tour operator, completely cutting out opportunities for local businesses.
When CNS contacted the hotel regarding the increase and the operators’ concerns, the vice president and general manager, Franz Ferschke, issued a statement in response: “The safety and security of our hotel guests is one of our highest priorities. We therefore require insurance coverage from vendors. The coverage required reflects our experience in the Caribbean and worldwide. In our experience, guest safety is a critical component of a successful program of tourism,” he said via email.
CNS asked about the issue of pricing all the local operators out of the market and what that would do to the relationship between them and the hotel. We also asked if speculation that the hotel was going toestablish its own water sports operator was true but the manager did not respond to either of those issues.