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Rushed laws unconstitutional

Cayman News | 20/10/2010 | 36 Comments

(CNS): The government’s frequent suspension of the public consultation period on pieces of legislation before bringing the bills to the Legislative Assembly is unconstitutional, members of the Constitutional Commission said yesterday. One of a number of issues raised in their first report, the commissioners have pointed out that the Standing Orders governing procedures in the Assembly have to be changed to reflect the constitutional requirement that all bills are published 21 days before they are presented there, except in emergency situations. The commissioners warned government that it is vulnerable because of a number of gaps between existing legislation, orders and processes and the requirements of the constitution that it has not yet addressed. (Photo Dennie WarrenJr)

Legislation has to be compliant before the implementation of the Bill of Rights in November 2012, and government should be in the process of addressing laws and policies in preparation, the commissioners said. But they also noted that a number of issues with regard to the main body of the Constitution have still not been addressed, despite the fact that it was implemented almost a year ago, including the issue of Standing Orders in the Legislative Assembly.

“The commission believes that the government may be vulnerable to unseen liabilities if it does not close the existing gaps by completely and effectively implementing all the sections of the Constitution,” said the commission’s chair, Pastor Al Ebanks, at a briefing on Tuesday morning in which his fellow commissioners, Julene Banks and Wil Pineau, presented the findings of their report to the media. “The commission in the course of its work will do its best to assist and advise where necessary.”

The commissioners pointed to a number of provisions that have not yet been tackled, including the government’s failure to pass legislation relating to the people’s referendum law, the failure of the governor to appoint a director of public prosecutions, and the Cabinet’s failure to update the Guide to Operations of the Cabinet, setting out the constitutional changes affecting procedures as well as the way the premier and minsters are appointed.

The commissioners also pointed out that, while the Electoral Boundary Commission had submitted its report to the governor and the Legislative Assembly several months ago, the government’s position on the report has not yet been presented to the LA.

The current question raised by the premier of whether another cabinet minister can be appointed from the elected representatives before the 2013 election, when the number of seats in the legislature is set to rise, may be delaying that report. Although they have not yet been asked to take a position on this question, Ebanks stated that it was an area the commissioners would be examining. He pointed out that they would be taking legal advice to establish if such a change to the Constitution, if it happens, would require a referendum or not.

Pineau noted that the report, which is a public document and will be available on the constitution website, covers a wide range of issues, including concerns raised by various stakeholder groups during consultation meetings. Furthermore, he said it prioritises the issues which government must address, including, among a number of other pressing issues, the need to rewrite the LA Standing Orders to make them compliant with the Constitution.

Julene Banks pointed out that the Constitution was not something from which people could pick and choose as it suited them, but it was the highest law of the land which sets out the procedures and processes that government must follow. She noted that the 21 day publication requirement was one of many elements that contribute to good governance, openness and transparency that the Constitution is designed to protect. “We need everyone to abide by these laws,” Banks stated. “It’s not a document of convenience; there are standards set by the people, things which the people believe are good and we call on legislators to operate constitutionally.”

Since coming to office the government has voted to suspend Standing Orders on the majority of important laws and amendments that have been passed over the last eighteen months, closing down public debate. Banks stated, however, that the suspension should only occur in the case of emergencies and the people need to ask it this was the case on every occasion. “There should be a mandatory 21 days to allow people time for discussion and debate,” she added.

Section 71 of the Constitution states that Standing Orders must provide for fair procedures, adequate notice of bills and motions, and a sufficient opportunity for members of the Legislative Assembly (including opposition members) to speak and otherwise participate in the proceedings of the Assembly. It also indicated that they shall not be suspended or revoked without good reason. In Section 77 it states that, except in a case of emergency, every bill introduced by the government shall be published at least 21 days before the commencement of the meeting at which it is scheduled to be introduced.

Mac backs troubled MLA

Cayman News | 19/10/2010 | 59 Comments

(CNS): The country’s premier has offered his public support to Bodden Town representative Dwayne Seymour, who has been charged in connection with a disturbance that occurred at the Grand Cayman Beach Suites earlier this year. The UDP backbench MLA will appear in court on 9 November to face charges of attempting to obstruct, prevent, pervert or defeat the course of justice. McKeeva Bush implied that the issue related to interference in Seymour’s marriage and, as a result, the government was behind him. "On behalf of the elected government, we wish to express publicly, our moral support for our backbench colleague Mr Dwayne Seymour during this difficult time,” Bush said in an official statement. (Photo Dennie Warren Jr)

Seymour was arrested long with two other men at the hotel in May, when Florida-based personal trainer Garrone Yap claimed he was assaulted by the MLA and one of his friends at the hotel. Yap, who was also arrested but released without any conditions, said he was not going to press charges against Seymour and his friend but accused the MLA of using his position as a politician to have him arrested.

On Tuesday afternoon the office of the premier’s press secretary issued the statement on behalf of government, which offered its moral support to Seymour, suggesting that the MLA was in the difficult position of trying to hold his family together in the face of outside interference.

“As a government and as Caymanians first and foremost, we understand the many challenges that must be faced, both internally and externally to build and to keep a family together, and as Caymanians we understand and empathize with the pain that is endured when someone, against God and against all social and ethical obligations, interferes with that sacrosanct relationship,” the statement from Bush read. “It is in the appreciation of the circumstance and of those considerations that we publicly voice today our continued support and confidence for our colleague and friend Mr Dwayne Seymour. "

Last week Seymour made a public statement saying that he was innocent and surprised by the charges He said he did not understand how what he called "baseless charges" could have been laid more than five months after the incident.

“I have no earthly idea where and how they (the charges) could have arisen over the last five and a half months. It seems that everyone knew I was being charged with some offence before I did,” he said in a prepared statement which he read on Cayman 27 on Thursday evening. “All I can say at this point is that I do not know the persons involved and the charges made. I am also completely unaware of the circumstances being described in the charges.”

He added that he was still looking forward to serving the people of Bodden Town, “who elected me for the hope I bring to them,” Seymour stated.

See Seymour’s statement in the wake of the charges

Ossie arrested for assault

Cayman News | 19/10/2010 | 1 Comment

(CNS): Police have now confirmed that a 48 year old man has been arrested in connection with an alleged assault which took place in Bodden Town last Wednesday evening. Police have not named the individual but CNS has learned that former PPM representative for the district and local businessman, Osbourne Bodden was the man arrested on suspicion of ABH yesterday. Police said that Bodden has been released on police bail while enquiries continue. Bodden’s arrest is in connection with a reported incident in which Kurt Watler of Bodden Town, claims Bodden beat him with a cow cod (a bull’s penis) at around 6:30pm in a public area in front of a number of witnesses on the Bodden Town Road.

Watler told CNS that he sustained various injuries to his back and hand and intends to pursue his complaint against the former MLA. He said the public at large should not take the law into their own hands when they are victims of assault but should pursue their complaints through the proper police channels. Watler said he had every confidence the RCIPS would take his complaint seriously.

Bodden in turn stated that now the case was with the legal department the facts would be reviewed and the truth told he was confident that he would very soon be vindicated.

7MB hotel hit by gunman

Cayman News | 19/10/2010 | 68 Comments

(CNS): Updated 10:30am – The Grand Cayman Beach Suites in the heart of Cayman’s main tourist zone, Seven Mile Beach, was targeted by a lone masked gunman last night. A security guard was shot at during the robbery of the hotel’s back office but was uninjured. Police said that at about 11.17pm on Monday 18 October, the guard and two other members of staff were within an office at the resort. As the guard left the room he was suddenly confronted by a masked man armed with a handgun. The would-be robber demanded cash, pushed the guard back inside the room and discharged a shot. The guard quickly slammed the door, locking the suspect outside. The suspect then made off empty handed.

The guard sustained a minor knee injury in the shooting. He did not require medical attention. No one else was injured.

Bill Powers, the hotel’s general manger expressed his concern about the incident, and pointed out that the company had stepped up its security measures over the last few months as a result of worries that something would eventually happen in the Seven Mile Beach area. “This is very troubling,” Powers told CNS. Despite the hotel’s efforts the Beach Suites has become the latest in a long line of businesses hit by masked gun men.

Speaking to CNS this morning, Powers said he was still trying to piece together the night’s events and was uncertain if the robber had escaped with any cash. The general manger said the most important thing was that all the staff were unhurt. He also said that no guests were involved in the incident, which took place behind the scenes of the hotel in the finance office.

Although the hotel has sophisticated CCTV equipment and had recently reviewed and beefed up security, Powers said there was little anyone could do about a lone masked gunman. Wondering if the hotel’s size and accessibility made it the first target of the local resorts, Powers also said it could be an indication that the robbers were begin to realise what’s available. “We knew it was just a matter of time before something like this might happen, which is why we have taken more security precautions,” he added.

Detective Inspector Collins Oremule of George Town CID said: “We are treating this as an attempted robbery. The guard was lucky to escape with such minor injuries and there is no doubt that his quick thinking prevented this incident escalating. The suspect showed no hesitation in firing off a shot – we could have so easily been dealing with a murder this morning."

The suspect is described as being in his mid-twenties. He has a dark complexion and is around 5 feet in height. He was wearing long blue jean pants, a blue short sleeved shirt and his face was covered with a ski mask.

Oremule said, “If anyone has any information about the suspect, or was in the Seven Mile Beach area last night close to the Grand Cayman Beach Suites around the relevant time, we’d be keen to talk to you. You may have information which would be relevant to the enquiry. We need to trace this individual as quickly as possible – if he uses the gun again his next victim may not be quite so lucky!”

Anyone with information should contact George Town police station on 949-4222 or the confidential Crime Stoppers number 800-8477 (TIPS).

Dart buys family liquor stores

Cayman News | 18/10/2010 | 78 Comments

(CNS): Cayman Distributors Group, which is turned owned by Dart, has confirmed that the company has bought the local familyowned liquor chain, Big Daddy’s. The acquisition of the five stores was finalised last week CDG confirmed Monday. Despite some concerns in the community that the sale represents the loss of another local small business into the hands of a large conglomerate, Mat Bishop, General Manager of Cayman Distributors, said it was a positive move for all parties and would bring stability for the staff, brand partners and customers. The former owner, Cleveland Dilbert, who is now 66, said that the decision to sell his stores was not an easy one after 28 years but with his son staying on he was confident that CDG would continue the family business’ successful legacy.

Bishop said he was delighted that Damien Dilbert was continuing on with the firm. “He has an excellent reputation in the market and will ensure that the legacy his father built up over many years is continued," Bishop said.

Damien Dilbert, who is the eldest son of Cleveland Dilbert, said the family was very excited about the deal and the possibilities it presents for Big Daddy’s and its customers. “We were always confident that the Cayman Distributors Group is a good strategic and cultural fit for Big Daddy’s because we share similar values and a commitment to preserving the company’s local heritage and loyal customer base,” he added.

Dilbert will become the Retail Manager of the Big Daddy’s stores, which will retain the same name. He said he was honoured that CDC had asked him to stay on with the company, adding that customers could continue to expect the same high levels of customer service they have become accustomed to. “This new deal provides us with the opportunity to further enhance our service and product offerings and provide increased benefits to our customers,” he revealed.

Cayman Distributors was bought by the Dart Group some two years ago after the firm purchased Black Beards, which was another independent liquor chain. The firm merged the two companies under the umbrella of CDG, which Big Daddy’s will now join.

Sailor killed by tug propeller

Cayman News | 18/10/2010 | 17 Comments

(CNS): After mounting speculation this weekend over a serious accident in George Town Harbour that CNS was unable to confirm via the port or Thompson Shipping, police have now stated that a man was killed in an industrial accident on Saturday. A 59-year-old Cuban sailor aboard a tug boat was fatally injured after he dived into the water to untangle ropes then on returning to the boat was struck by the propeller of the tug. His crew mates dived into the water to bring him to the surface and found that he had sustained serious lacerations to his neck and body. The accident occurred on 16 October when the sailor was working on a tug boat which was tied to a Port Authority buoy, police stated. (Photo Dennie Warren Jr)

The man was transported to the Cayman Islands Hospital, George Town, but was found to be dead on arrival. A joint investigation involving the RCIPS CID and Marine Unit has been launched but officials said there would appear to be no suspicious circumstances surrounding the death.

Police stated that the accident happened shortly after the crew received clearance to come ashore to unload. When they tried to release the boat from the mooring they realised that the rope was tangled. The sailor dived into the water to release it. It appears that on his way back to the boat he disappeared underwater and was struck by the propeller of the tug boat.

A police spokesperson confirmed that the post mortem examination is expected to take place this afternoon.

2M gallons of sewage for sale

Cayman News | 18/10/2010 | 9 Comments

(CNS): The government is hoping for an early Christmas present this year as it aims to finally offload the country’s sewerage system by 10 December. The long promised plan to sell the country’s wastewater services begins today (Monday 18 October) with the official opening of the request for proposals from the private sector on dealing with wastewater over the next 25 years. Although government has suggested it may privatise all of the government owned Water Authority, this proposal request is limited to the maintenance and provision of sewerage services only. The successful bidder will gain exclusive ownership of this part of the government company under licence and will be expected to expand the existing system to meet the country’s future needs.

The sewage treatment plant currently collects and treats 2 million gallons of wastewater every day, as well as a further 20,000 gallons of waste collected from septic tanks. The sewage flows with the help of gravity and several lift stations through 12.5 miles of pipes including 2.5 miles of force mains.

In the public advertisement for the sale of the system the Water Authority states that eligible companies must have no less than ten years experience providing wastewater service for a population of at least 60,000 and demonstrate their ability for independent finance without the need for government guarantees.

(The RFP is not yet on either the Water Authority or Central Tenders website. However, according to an advertisement in the press, the tender No is CTC10-11/WO/015.)

Government has been promoting its intention to sell the sewerage system since taking office in May 2009. When the bond document to raise over $300 million was issued last year, the sewerage system was listed as one of government’s assets that it intended to sell and the book price as of June 2009 was valued at around US$23.3 milllion. However, it appears that to date there has been no significant interest in the purchase of the sewerage system.

More recently, backbench MLA Cline Glidden revealed that government was considering selling the whole of the Water Authority on a 25-year lease following an unsolicited offer. Although Glidden did not reveal the details, it is understood the offer had come from Consolidated Water, the private company which supplies water to West Bay customers.

Glidden used the private firm as an example of how much money government could earn from water if the authority was privatised. He said it pays out some $8 million to its shareholders each year but government, the only shareholder in the Water Authority, did noteven receive ten percent of that. Glidden said that if government went ahead with the leace arrangement, it would still own the entity and regulate the authority.

The suggestion that the Water Authority could be privatised, however, raised concern among workers over job loses. The opposition also noted that, as one of the government’s most profitable entities and valuable assets, the offer would have to be very high to a make it worthwhile. PPM member Alden McLaughlin said that a one-off upfront payment may seem attractive to putcash in the treasury but he wondered where government would go from there.

“It may be an attractive proposition to government now to take in a lump sum, but what happens the year after and the year after that?” he asked rhetorically, noting that the jobs and the low price of water also offered a valuable contribution to the local economy. He said the authority was one of the few government owned entities that was profitable and did not put a strain on government and actually added to the coffers each year. “I remain to be persuaded that this will be beneficial to government in the long term and we would have to be concerned about the local jobs as the Water Authority employs a lot of Caymanians, and many in very senior posts.”

Generation Now turns to tax

Cayman News | 17/10/2010 | 82 Comments

(CNS): Following the recent discussion on the controversial issue of legalising gambling, the local advocates for critical thinking, Generation Now, are taking on the even more thorny topic of direct taxation at their next open forum. “Taxation: Is Cayman’s revenue base sustainable or is direct taxation inevitable?” will be the subject of discussion. Although the topic has been discussed widely in terms of its impact on the financial services sector in the wake of the government’s trouble balancing the budget, Generation Now said that so far little attention has been paid to the potential impact of direct taxation versus the existing indirect taxation on the domestic economy.

“As a group we recognize that though this particular issue has been discussed by a few persons/groups throughout our country, it has been confined mainly to the impact on the financial industry,” Donald Spence, one of the Generation Now directors, said, adding that the group wanted to broaden the scope of the discussion. “We want to determine the pros and cons of the current system of indirect taxation versus a system of direct taxation and any perceived impact on the Cayman Islands from a socio-economic perspective that such measures would have on our local economy.”

The panel includes Anthony Travers, former partner of Maples and Calder and Chairman of Cayman Finance; Paul Byles, MD of Focus Consulting, economist and author; Wil Pineau, CEO of the chamber of Commerce, Tom McCallum of McCallum Solutions; and Steve McIntosh, CEO of CML Offshore Recruitment.

The panellists will be taking questions from the public that are emailed before the night of the debate as well as ones from the live audience at the venue. The forum will again be moderated by Austin Harris and aired live on Radio Cayman. Organisers are asking members of the public to submit their ‘tax’ related questions by email before the event to gnowdiscussions@yahoo.com

The event will take place on Thursday 28 October 7:00 pm – 9:30 pm at the Harquail Theatre the event is free to the public however organisers will be asking for voluntary donations to help with costs.

Judge gentle on teen robbers

Cayman News | 15/10/2010 | 54 Comments

(CNS): Full story — Three teenage girls who, armed with machetes, robbed a pizza restaurant, have been given a partially suspended two-year sentence, of which the judge says they must serve six months in jail. A teenage boy, who is under 18 and drove the car in the same robbery, has been given a two-year probation order and released from custody. The sentences were handed down this morning by Justice Smith, who noted that justice “not tempered with mercy would be draconian.” He indicated that the four teenagers presented a low risk of re-offending and that they had all shown remorse and contrition for their crime. The crown, however, made it clear it would appeal all the sentences.

The judge handed down his sentences following guilty pleas from all four teenagers, who were all seventeen at the time of the crime, which took place at Domino’s Pizza in Savannah in June of this year. The teens, Addie Haylock, Julissa Avila, Anastasia Watson and Ariel McLaughlin, admitted to planning and executing the robbery together and stealing $366 and two litre bottlesof soda. The three girls admitted they used machetes and that they frightened the staff during the incident.

In his sentencing, the judge noted that their guilty pleas and their cooperation with the police had to be viewed favourably. He said that as a general policy guilty pleas should be encouraged as they had several benefits to the community, including saving time and money for the court but also sparing witnesses from having to give evidence.

While he noted the prevalence of robberies on the island and the aggravating factors of this crime (the use of machetes and threatening words), Justice Smith noted that, besides from admitting their guilt at an early opportunity, none of them had previous convictions, no one was hurt in the incident and the teens had all apologised and demonstrated real remorse.

“It would seem that the risk of them re-offending is very, very, low,” the judge said. “The sentence must be one that will serve to engender respect for law and order, promote a peaceful and safe society and assist in rehabilitating the offenders.”

He said that he felt a partially suspended custodial sentence for the three girls was fair and had considered two years and suspending half of the sentence, but the judge said he was “persuaded by the letters to moderate the sentences as an act of mercy,” and therefore directed that they would serve only six months of the two year sentence with the rest being held in suspension. He explained that, once released, if they were to offend again during the eighteen month period they would be sent to jail. He also ordered that each of the defendants pay $90 in compensation.

The three young women will now serve a further six months from the day of sentencing (Friday 15 October) of their two year sentences as the judge chose not to include the time served in his sentence. Haylock, Avila, and Watson have been incarcerated at Fairbanks women’s prison since their arrest at the end of June andthey will now remain there until next April, when they will be released.

Justice Smith went on to say that he was unable to offer a partially suspended sentence to McLaughlin as he is still under 18 and therefore the judge issued a two year probation order. He placed a number of restrictions on the young teen’s movements as well as various conditions and supervisions. Justice Smith then pointed out that should the teen re-offend during the period of suspension or break any of the order he would be sent to jail. He was also ordered to pay $90 compensation.

Following the sentencing, Elizabeth Lees, the prosecuting counsel who had asked for a minimum of two years in custody for the young offenders at the sentence hearing earlier this month, rose to give warning that the crown would be immediately appealing the sentence.

MLA puzzled by charges

Cayman News | 15/10/2010 | 0 Comments

(CNS): Government backbencher Dwayne Seymour has said that he is both innocent of, and surprised by, the charges brought against him by police on Wednesday. The Bodden Town UDP legislative representative revealed that he did not understand how what he called "baseless charges" of attempting to obstruct, prevent, pervert or defeat the course of justice relating to an incident at the Grand Cayman Beach Suites have now been laid against him more than five months later. He also denies knowing the people involved in the charges and has said he looks forward to clearing his name in court. Seymour was arrested in the wake of an alleged assault which took place at the Seven Mile Beach Resort in May of this year.

Seymour said he looked forward to going to court and bringing the matterto a close. The Bodden Town MLA stated that he was not going to speculate on why this was happening or the possible motives or factors behind it. He asked for the understanding of the community and said he regretted that the incident was being brought to the public attention again, especially at a time when people were facing tough economic times and violent crime.

He added that he was still looking forward to serving the people of Bodden Town, “who elected me for the hope I bring to them,” Seymour stated.

The charges against Seymour relate to an incident in which Florida based personal trainer Garrone Yap claimed he was assaulted by the MLA and one of his friends outside the hotel. Yap told Cayman 27 shortly after the incident that Yap, Seymour and another man were all arrested. However, Yap said he was the only one released without charge and had received various injuries during the incident. At the time Yap said he was not going to press charges but accused Seymour of using his position as a politician to have him arrested.

Speaking on behalf of the UDP at the time when Seymour was in police custody following the arrest, fellow backbencher Ellio Solomon said that his colleague had found himself “in a provoked situation” but it was a “very serious” family matter.

Seymour is expected to make his first Summary Court appearance in connection with the charges on 9 November.

Headline News

Rushed laws unconstitutional

Mac backs troubled MLA

Ossie arrested for assault

7MB hotel hit by gunman

Dart buys family liquor stores

Sailor killed by tug propeller

2M gallons of sewage for sale

Generation Now turns to tax

Judge gentle on teen robbers

MLA puzzled by charges

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