Headline News

No charges in burglar killing

Cayman News | 07/09/2010 | 71 Comments

(CNS): Police announced this afternoon that no criminal charges will be brought against the homeowner who shot and killed Harryton Rivers on Thursday 22 July, but said the Legal Department had advised that the matter should be referred to the Coroner’s Court for review. Twenty-nine year old Rivers, of Prospect, was shot with a handgun as he attempting to burgle the home in Liguinea Circle, off Aspiration Drive in George Town, by the homeowner, who was a licensed firearms holder. The man told police he woke up at around 2am to find an intruder inside his house and shot him. Rivers was taken to George Town hospital with critical abdominal wounds, where he was later pronounced dead.Police later confirmed that a knife was found at the scene.

It was revealed later that Rivers had been electronically tagged while on bail for other crimes, and George Drake, an independent expert with 25 years experience in the field, was hired to investigate the electronic monitoring system. Based on Drake’s findings, the Portfolio of Internal and External Affairs, which is responsible for the system, confirmed that, while the device attached to the deceased, Harryton Rivers, had been fitted correctly, it had clearly been tampered with.

The RCIPS said today (Tuesday 7 September), “Some weeks ago the file on this case was referred to the Legal Department for consideration. Detective Superintendent Marlon Bodden has today, Tuesday 7 September 2010, been advised that no criminal charges will be brought against the homeowner involved in the incident. The Legal Department has advised that the matter should be referred to the Coroner’s Court for review.”

Police said that, following the completion of minor outstanding lines of enquiry, the matter would be referred to the Coroner’s Court. The families of both the deceased and the homeowner have been advised of the decision.

“It would be inappropriate to make any further comment in relation to this matter at this time,” said Bodden.

Helpers to skip rollover

Cayman News | 06/09/2010 | 182 Comments

(CNS): Government will be amending the Immigration Law during the next sitting of the Legislative Assembly to enable carers and helpers who act as nannies, nurses or some form of “specialist caregiver” to those who are elderly, handicapped or sick to bypass the seven year limit. Under a special certificate the domestic workers will be able to skip what is known as the rollover policy for up to five years if they remain with the same family, caring for the same person or people. The premier announced some time ago that he intended to bring this amendment as he said he was concerned that the country’s most vulnerable people were suffering as a result of the rollover policy.

The suggestion stirred up some controversy as there were concerns that this would mean immigrant workers on the lowest pay and without pensions would be able to apply for permanent residency.

The Immigration (Amendment) (No. 2) Law, 2010 states that the Certificate of Specialist Caregivers would not allow any individual who holds it to apply for permanent residence under sections 29 and 30 of the Immigration Law, as the amendment says the certificate would not represent “legal and ordinary residence for the purposes of sections 29 and 30” of the law.

It is not clear, however, given the implementation of the human rights bill from 2012 how after potentially 12 years in residence the individuals would not have a right to apply for residency despite the wording of the new bill.

The Cayman Islands Immigration Law requires all expatriate workers to depart the islands for at least twelve months after they have worked continuously on the island for seven years unless they apply for and gain key employee status. If they acquire key employee they are then at liberty to apply for permanent residence. This certificate would exclude those workers from that right, the law states. Despite those concerns, the bill is expected to be passed during the next session of the Legislative Assembly, which starts 8 September.

The bill states that the rollover exemption certificate for this special category of workers can be obtained via the Work Permit Board or the chief immigration officer at any time during the course of the caregiver’s final work permit. An application can also be made up to a year after the expiration of a final work permit. The worker must have been employed before application for at least three years looking after the specific person or patient.

The certificate won’t be renewed if the caregiver stops working for the same employer or if the person being cared for dies or recovers from their illness or disability.

The Legislative Assembly is currently scheduled to resume on Wednesday 8 September.

See amendment here

Miller rejects Cayman only jobs

Cayman News | 06/09/2010 | 102 Comments

(CNS): A private member’s motion tabled by Ellio Solomon asking government to designated certain positions as “Caymanian only” has failed to attract the support of Ezzard Miller, the country’s most staunch protector of local employment rights. Although the independent member for North Side is well known as an advocate of jobs for Caymanians first, he says Solomon’s motion could cause problems for local business owners. The motion, which is limited in detail, is expected to come before the Legislative Assembly this week and it asks government to form a committee to recommend categories of positions or types of employment that should be preserved for Caymanians. (Photo Dennie WarrenJr)

Rejecting the idea, Miller said that what Cayman needs is to enforce its existing immigration law to ensure Caymanians are protected in the work place. He pointed out that by designating specific roles government would create further problems for local businesses.

“What will happen when a Caymanian is genuinely not available to take up the position?” Miller asked rhetorically. “That could cause problems for Caymanian businesses if they can’t find a local person and then are not allowed to recruit overseas. This motion won’t address the problems Caymanians are facing. What we need is to see the existing immigration laws enforced and a human resource authority ensuring that Caymanians who are available for the work get first chance.”

Although, Miller says he is in favour of anything that can assist Caymanians who are unemployed at present, he said this idea would be counterproductive.

It is not clear if the motion being tabled by Solomon and supported by government backbencher Dwayne Seymour has support from his front bench government colleagues but it is not included in an amendment government is expected to bring this week to the Immigration Law protecting carers and other domestic helpers from the rollover policy.

Although there has been some discussion about creating certain roles to be automatically designated ‘key’ and by return some exempt from key, neither the present government nor the previous administration has ever suggested making specific job titles the preserve of Caymanians.

The current immigration law provides that a work permit can only be issued if there is not a suitably qualified Caymanian available. While many employers are frequently accused of circumventing the law to avoid employing Caymanians, the refusal of work permits in some cases in order to force a firm’s to try harder to find Caymanians has been cited as one of a list of reason why some firms, particularly in finance, have relocated from Cayman.

Man stabbed by robber

Cayman News | 06/09/2010 | 37 Comments

(CNS): A man is recovery in hospital after being stabbed during a street mugging in the George Town area on Saturday night or early Sunday morning. Police have confirmed that they are investigating the incident, which was reported to CNS by a number of other sources. Police said that a 32-year-old man was walking in George Town when he was pushed to the ground and a struggle ensued, during which the victim was stabbed in the chest. The assailant fled the scene with the victim’s wallet and phone, leaving him in the road where he managed to flag down a passing car for assistance.

Police said in their report that the driver of the car took the man to the Cayman Islands Hospital. However, sources close to the victim say the driver had demanded $25 from him in order to convey him to the hospital. As the victim had no cash, having just being mugged, the sources told CNS that the driver did not take him all the way there, and after he had given the driver what change he had left in his pocket he was dropped by a roadside, from where he managed to make his own way to the emergency room.

He is currently being treated for the stab wound and police described his condition as stable. Police said enquiries to establish exactly where and when this attack took place are ongoing, though other sources said that the man was making his way from Mary Street towards Sheddon Road when he was attacked.

A CNS commenter, who is a friend of the victim, said the attack happened as he was walking past the Genesis Building after he left Centre Spot. "The knife missed his heart by an inch and he is lucky to be alive. This is an ordinary guy, just recently engaged, minding his own business," the person said.

DC Wade Chase said he is appealingto anyone who has any information about this crime to come forward in particular what was described in the police report as the “good Samaritan” who he said had driven the victim to the hospital. “I need to speak to you as a matter of urgency. You may have valuable information which could help us with the enquiry and trace the person responsible for this vicious attack,” Chase stated.

Anyone with information should contact George Town police station on 949-422 or Cayman Crime Stoppers 800-8477(TIPS)

Driver ran after car smash

Cayman News | 05/09/2010 | 7 Comments

(CNS): A driver involved in a two vehicle accident early this morning fled the scene but has since been questioned by police. The crash along Shamrock Road at about 2:43am today (Sunday 5 September) occurred after the driver of one of the vehicles lost control of his vehicle, which appears to have veered into on-coming traffic, police explained in a release this morning. Both vehicles were extensively damaged and a male driver of one of the vehicles involved was transported to the George Town Hospital for a check up, as he was in shock. (Photo by Dennie Warren Jr)

The other driver fled the scene before police arrived, but later went to the hospital, where he was spoken to by police. The RCIPS wasnot clear if the driver who caused the accident was the same driver who fled the scene.

Investigations into this accident are underway.

Immigration nets 45 offenders

Cayman News | 04/09/2010 | 74 Comments

(CNS): Immigration officials said on Friday that they have arrested 45 people for more than 50 immigration offences since the amnesty ended. Although the number of cases it is bringing to court was not revealed, the immigration department said it has already collected fines amounting to $24,650 from offenders and their employers. One person was arrested for overstaying for almost two years, 16 others for shorter periods of overstaying and the remaining 28 were arrested for offences such as making false representations, causing another person to overstay, having an altered passport, and obstruction. In the wake of the amnesty the department warned it would now be cracking down on offenders.

“Since the amnesty ended, enforcement officers have been busy conducting operations to detect over-stayers and illegal workers, and carrying out investigations into reports the department has received of suspected immigration crime,” said Chief Immigration Officer Linda Evans.

As only one employer took the opportunity during the amnesty to cancel a work permit for a worker who was unemployed or underemployed, Deputy Chief Immigration Officer for Enforcement Gary Wong said officials were now looking at business owners and residents that may be committing this type of offence.

He said the immigration department, together with other law enforcements agencies, would continue to actively pursue employers and others who were committing immigration offences, and they would be prosecuted to the fullest extent of the law and deportation would be recommended where appropriate. The maximum penalty for overstaying is a fine of $20,000 and imprisonment of up to five years. The penalties for work permit offences range from CI$5,000 to $15,000, and imprisonment of up to one year.

The recently arrested offenders came from a diverse range of countries, including Jamaica, Honduras, Cayman, Canada, America, Britain, the Philippines, India, Holland and South Africa.

Prior to the clamp down the department had offered a month long amnesty, which was used by 87 persons who took advantage of the opportunity to leave the Cayman Islands during July without any repercussions. During the month 67 male and 20 female overstayers departed without prosecution.

By nationality, 50 were from Jamaica, 10 were from the United States, four from Canada, and three or fewer overstayers were from Honduras, Nicaragua, India, South Africa, Colombia, Cuba, the Philippines, Costa Rica, Guyana, Panama, St. Vincent and the Grenadines, and the United Kingdom. Evans commended all who contributed to the success of the amnesty, and thanked the public for its cooperation.

People who are overstaying or committing other immigration offences should contact the Immigration Enforcement Section, or they will be arrested when they attempt to depart.

Man stabbed in head

Cayman News | 04/09/2010 | 50 Comments

(CNS): One man was stabbed in the head and another in the back last night (Friday/Saturday) during a fight outside a West Bay Road nightclub. A fight which started at the JET nightclub resulted with two men being wounded as they left the club. It was not clear if the two men were fighting with assailants or if they had stabbed each other. The men, who are aged 30 and 31years old, were both taken to the George Town hospital later, where they were treated for stab wounds to the back and head. One of the men was subsequently discharged but the other remains in the hospital for observation. Police who attended the seen did not state if any arrests had been made or the cause of the disturbance. (Photo Dennie Warren Jr)

Investigations into the incident are continuing and anyone with information can contact the investigating officer DC Mitchell of the Criminal Investigations Department, he can be reached at 325 8223, the George Town Police Station at 949-4222 or call Crime Stoppers anonymously at 800 8477.

Alibis revealed for accused

Cayman News | 03/09/2010 | 0 Comments

(CNS): Both Brandon Leslie-Ebanks and Patrick McField had given the police alibis for their whereabouts at the time Omar Samuels, the man they are accused of murdering, was believed to have been shot, the court heard on Thursday. During the fourth day of the Grand Court trial of Leslie-Ebanks, McField and Osborne Douglas for the murder of Samuels the jury heard from a number of police witnesses, some of whom had interviewed the accused men. Statements taken from the men before and after their arrests revealed they both Leslie-Ebanks and McField had offered up friends and family who could vouch for where they were at the time of the murder and they denied being with each other.

According to two taped statements that Leslie-Ebanks gave to the police after his arrest for the murder, he had been at a friend’s house all of the Saturday night in question, but just before midnight he went to JahT’s restaurant in McField Square to buy food, which he then took back to his friend’s house in Central, an area of George Town some ten minutes walk from McField Square. He then ate the food before his "baby-mama" came to pick him up, he told the police. In his statement he said they had then both headed to Smith Cove in her car and then later she took him home.

Leslie-Ebanks told police he was in the square close to the murder scene for no more than about ten minutes as he bought roast conch. He said he seen Omar Samuels sitting on a porch at a house in Harlem as he passed to go to the restaurant but he did not see him again when he passed a little after midnight on his return journey to Central after buying the food. He also said he had seen Osborne Douglas in passing that night on the street but he had notbeen out with him or Patrick McField, whom he had not seen at all.

In the police interview Leslie-Ebanks had denied having anything to do with the murder or having a gun but admitted knowing Samuels and said he believed they were related. The defendant told the interviewing officers that he had nothing against Samuels and had nothing to do with the shooting. “It was not me in Harlem,” he told the police. “He was alive and well when I passed him,” Leslie-Ebanks said of Samuels. Told that he had been seen there with a gun by a witness, he said it made no sense and he knew nothing about where McField and Douglas were but he, Brandon Leslie, was not there and he did not shoot Samuels.

One police officer revealed to the court that it was believed Samuels was shot shortly before 1:00am and that on both occasions Leslie-Ebanks was interviewed he had stated he was at his friend’s house and then with his girlfriend around the time of the murder. The court heard, however, that despite offering the alibi the first time he was interviewed, he was then interviewed a second time without the police having investigated his account. The police finally took statements from Leslie-Ebanks’ witnesses more than two weeks after he had given his account for the second time.

The jury also heard that Patrick McField was with other people that night, one of whom, a police officer said, had corroborated his account. This happened early in the investigation before McField was a suspect. Before he was arrested McField had volunteered a statement to the police about the night confirming he was in Peppers and saying he had seen Samuels there. McField told police that on the Saturday 4 July he was celebrating his birthday, which was on the following Sunday.

He went to Peppers with his female cousin and met more friends and family there, where they stayed drinking until the club closed around midnight. McField told police he was drunk at the end of the night so his cousin drove him back to her home in Randyke Gardens. DS Lauriston Burton confirmed that he had interviewed McField’s cousin who supported McField’s account.

Following his arrest both McField and Douglas exercised their right to silence and did not offer further formal comment to the police. However, Douglas told thepolice outside of interview that they had missed somebody and that somebody was Martin Trench.

The court has already heard that a fresh palm print belonging to Trench was found on a car very close to the murder scene, and that he was the former boyfriend of the crown’s sixteen-year-old eye witness. A friend of Samuels who gave evidence yesterday claimed that before he died Samuels told him that a man called Martin had shot him and taken his gun.

During the fourth day, aside from hearing evidence from the police, the jury also heard from pathologist Dr Bruce Hymer, who confirmed that Samuels’ death was a homicide. He said he had died from a loss of blood as a result of the gunshot wound that had entered through his left thigh and penetrated the femoral artery and vein and exited through the back of his legs, some 2 cm higher.

Although the pathologist could not give an exact position for Samuels when he was shot, Dr Hymer said he was standing upright and, having only one arm as Samuels had lost his left arm in a previous accident, it was physically impossible for him to have inflected the wound on himself. He also said there was no evidence of gunshot burning or residue around the entrance, which would suggest Samuels had been shot from some distance.

He also stated that the grazes and abrasions on Samuels’ body were consistent with him collapsing to the ground as a result of his wound and there was no physical evidence that he had been beaten or kicked and punched.

The case resumes in Grand Court one on Friday morning with evidence from the telecommunication companies.

Charities law faces rewrite

Cayman News | 03/09/2010 | 19 Comments

(CNS): Despite previous plans to bring the Charities Bill to the Legislative Assembly at the next sitting, a statement from the Attorney General’s Office on Thursday evening revealed that the draft bill will be going back to the drawing board as a result of concerns from charities and the public. Sam Bulgin acknowledged that more needed to be done by government to clarify the law to regulate charities, as mandated by Cayman’s international obligations. He said the bill would be revisited for further consultation. The bill would have seen charities charged fees, be required to submit formal accounts and reveal anonymous donors before they could be registered and raise funds.

“It is not unreasonable for members of the public to harbour some anxiety in circumstances where, as is clearly the case here, there is a lack of clarity in what the law is seeking to achieve. It is incumbent on government to address the numerous concerns before attempting to move ahead with the Charities Bill,” Bulgin stated.

He said the bill would be revisited and further consultations conducted with a view to reaching a sensible compromise going forward. “The government has no intention to destroy the enormous good will relating to charitable assistance. Indeed, the government continues to be very appreciative of the efforts of these charitable organisations and their donors,” the attorney general added.

In August CNS reported on the proposals contained in the draft bill, which would have introduced formal regulation of all local charities forcing them to pay fees and submit annual accounts before they could legally raise funds. The report received a mixed response from CNS readers, with many concerned that the fees and red-tape would see charities close down, while others pointed to the need for some form of regulation.

Many pointed out that it is not a priority, and one local auditor stated that the bill needed to be revised before it could be taken seriously. “The idea of subjecting members of service clubs to due diligence procedures is over the top as is the idea of annual audits. Audit firms do a substantial amount of pro bono work as it is and no one wishes to see monies raised for charities being spent on audit fees or indeed fees paid to government,” said Chris Johnson. “This Bill cannot be a priority bearing in mind the problems that require resolving as a matter of urgency such as Mount Trashmore.”

This weekend the Observer on Sunday reported that the charity sector and the wider community had some serious concerns about the impact the bill would have on their bottom line, with the need to hire staff to formalise their accounting processes and the possibility of scaring anonymous donors away with the need to reveal where all of their contributions came from.

It also reported major concerns from the Society of Trust and Estate Practitioners, which has reported concerns to government on several occasions about the impact of the bill on the private wealth and institutional use of charities in Cayman.

STEP said it had been decided that it would assist in drafting a revised Charities Bill as a discussion document, which was submitted to the Law Reform Commission.

“As the months passed, it was assumed that the technical requirements evidently necessary from the STEP redraft and the more general objections of the local charities had been sufficient to cause the idea of regulating charities in the manner of the first draft to have been abandoned,” the organization stated in the Observer. “The first that the private sector then hears, almost a year later, is that a Charities Bill, which nobody in the private sector has apparently seen, is about to be gazetted.”

STEP said the latest draft varies little from the original and warned of the potential impacts on the financial services industry, a point that likely prompted the government’s decision to scrap the proposed bill and start over.

While the goal is to regulate charities to protect donors and to ensure charities are not abused when it comes to money laundering or terrorist financing, there appear to be numerous unintended consequences in the current draft, which will now be rewritten.

3rd man arrested in murder

Cayman News | 02/09/2010 | 3 Comments

(CNS): Police say a third person has been arrested and is in police custody in connection to the death of Marcos Mauricio Gauman Duran, who died following a shooting incident in Maliwinas Way, West Bay, on Thursday 11 March this year. The 23-year-old man was arrested in the West Bay area on Tuesday 31 August and is being detained on suspicion of being an accessory after the fact of murder. A sixteen-year-old boy was accused of murdering Duran and appeared in court on 13 April. The teen was refused bail, despite requiring specialist treatment as a result of a severe gunshot wound he received on the night that Duran was killed. Craig Johnson (29) appeared in court the last week of April in connection with the murder.

Duran was the third murder victim of 2010. Police say enquiries are ongoing.