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Operation Tempura case not over, says Smith

Operation Tempura case not over, says Smith

| 12/02/2009 | 4 Comments

(CNS): Despite calls from the elected government to close down the protracted investigation surrounding the allegations of an unlawful entry in to the Cayman Net News offices, which has so far failed to reveal any evidence of serious wrong doing against the RCIPS, Acting Commissioner James Smith has said that the Operation Tempura investigation would continue and that it could not be closed down.

The case which has been termed Netnewsgate, which that brought Martin Bridger and his Special Police Investigation Team to the Cayman Island in the first place and recently led to CI$1.275 million being awarded in damages to Justice Alex Henderson, is a very complex case which has not ended, said Smith.

He confirmed that John Jones had recently been interviewed but he said the Chief Superintendent still remained suspended from duty on full pay as he has for the last year. He also said that the team still wanted to interview former Police Commissioner Stuart Kernohan, and he confirmed that the case against Lyndon Martin was set for trial in March. He would not, however, give anymore details of the substance of the whole investigation.

“Charges have been laid in some areas of this, enquiries are ongoing in other areas and files currently sit with the Solicitor General about how they will proceed with things in court. I don’t think it is appropriate for me to comment on speculation,” Smith said, adding that there was business to be finished regarding that incident.

He said that he would not rule in or out the possibility of Jones returning to his job, and he said that it would depend on the evidence whether he would face criminal charges or a disciplinary hearing.

In recent weeks and months, most of the elected Cabinet members have voiced their very serious concerns about this element of the investigation in terms of both the length of the enquiry – more than sixteen months — and its cost, which is in excess of $4 million, without revealing any evidence of a crime. At the most recent Cabinet press briefing, the leader of government business said that the government was no longer prepared to appropriate funds for this investigation while Bridger remained the lead investigator and with no evidence that a crime actually occurred.

The governor was forced to use his reserve powers to get the funding from the Cayman treasury to pay Justice Henderson’s damages and to acquire more money for Operation Tempura. Henderson was unlawfully arrested by Bridger and SPIT as a result of suggestions that the Judge had been making inappropriate enquiries about letters written to Net News that undermined the local judiciary.

Trying to explain the reason why the whole enquiry surrounding Net News was taking so long and costing so much, Smith said that on the face of it the incident might appear straight forward, but it had tentacles and no one could have envisaged where the investigation may have gone. But he said he did not want to speculate or comment about the enquiry as it was still ongoing. He did say that operations that begin as covert investigations, as this one did, by their very nature can take much longer to come to a conclusion.

Although Smith would not be drawn on details, it is understood that the investigation surrounds whether or not Kernohan and Jones acted inappropriately regarding Martin’s entry into the offices of Net News. Martin was at the time a journalist with the paper when, allegedly, his suspicions and those of his former colleague John Evans, were raised that the newspaper proprietor Desmond Seales could be in a corrupt relationship with Deputy Commissioner Anthony Ennis.

As a result the two journalists reported their suspicions to the police and then attempted to find evidence of these suspicions in Seales’ office by entering their work place late at night. Since then, Bridger has declared that there is no truth to the rumour of a corrupt relationship between Seales and Ennis, something which he says was apparent early in the investigation.

Bridger then switched his attention to Jones and Kernohan and the two reporters. Since October 2007, he and SPIT have been pursing the idea that the allegations by Martin were not only false but malicious and that Kernohan and Jones have misconducted themselves in some way by assisting with the search for evidence. However, it appears that that Larry Covington, who is responsible for UK Overseas Territories police services in the Caribbean, Attorney General Sam Bulgin and Governor Stuart Jack were all aware of the situation from the very beginning when Martin and Evans made the accusations against Ennis.

In two important legal rulings in February and March 2008, Chief Justice Anthony Smellie made it clear that he could see no evidence of either officer acting unlawfully and that they had a duty to investigate what they perceived to be possibly legitimate allegations. In both rulings Smellie had refused to sign warrants for Bridger to search the homes of either Kernohan or Jones because of the lack of evidence of any unlawful intent.

The onlycharges brought so far in the sixteen-month investigation into this case are those against Martin, which have already been reduced from the original 17 counts that he faced when arrested in March of last year to the two counts he will face in court next month, both of which are concerned with making false allegations against a police officer. The primary prosecution witness against Martin is believed to be Evans, who has not been charged despite supporting Martin in his suspicions that Seales was being leaked police information, possibly through Ennis.

However, Evans who now resides in the UK, has since declared that his testimony regarding the alleged unlawful entry was taken under duress, although he has not explained the circumstances of that “duress” and says he will be resisting the summons to attend Martin’s trial as a witness for the prosecution. When asked about this, Smith said he could not speculate on the importance of Evans to the case against Martin as he had simply not been involved in the investigation long enough.

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Operation Tempura rolls on

Operation Tempura rolls on

| 19/12/2008 | 7 Comments

(CNS): A new advisory team called the Special Investigation Advisory Group (SIAG) has been established by Acting Police Commissioner James Smith to oversee Operation Tempura which includes SIO Martin Bridger, despite calls from elected officials indicated that he and the investigating team should go home. Smith indicated that the investigation would continue and that CS John Jones had been interviewed and plans were in place to interview Stuart Kernohan.

The new committee or group, according to Smith, consists of the Deputy Chief Secretary and Chief Officer for the Portfolio of Internal and External Affairs Donovan Ebanks, Solicitor General Cheryl Richards, Chief Immigration Officer Franz Manderson, Strategic Advisor to the Chief Secretary Peter Gough, SIO Martin Bridger anda representative from Government Information Services (GIS) to advise on media and community relations. 

Smith, who took up the senior post at the Royal Cayman Islands Police Service (RCIPS) at the beginning of the month, said he wanted to redress as far as it ispossible the flow of information to the public but still said that in protracted sensitive enquiries delays in providing information are sometimes inevitable for what he said were valid reasons to protect the innocent or because there was nothing to say.

“Let there be no dubiety, in my role as Acting Commissioner of Police that my primary focus is to ensure that the RCIPS is given strong leadership and clear direction with a focus on service delivery and continuous improvement,” Smith added.

He said however that part of his job was responsibility for the team conducting the enquiry known as Operation Tempura which he said would still involve Acting Commissioner John Yates of the Metropolitan Police Service. He also said he would be updating the Governor Stuart Jack regularly. However, he obviously did not feel the same regarding the elected officials who had on Friday afternoon still not seen his statement regarding the formation of the SIAG.

In the statement Smith made no mention of the elected government representatives request for Bridger to leave and for Operation Tempura to be wound up.

He said that since arriving he had spent time with Bridger discussing the investigaiton. At his opening press briefing Smith said he was very familiar with Bridger having worked with him and Yates when he was with the Metropolitan Police.

“I have reviewed both the progress of the investigation and the way they conduct their business.  I am satisfied that enquiries are being made with due diligence and speed and that the quality of the investigative work is to a very high standard,” he said. However Smith did not say how he reconciled that with the Chief Justice’s ruling in February this year and more recently the damning ruling of Sir Peter Cresswell which directly criticized the work of Bridger and his team calling it the “gravest abuse of process.”.

Although Smith said that he was working with the Solicitor General’s office and he hoped that this would assist in a speedy resolution he said investigations regarding the 3 September entry into Cayman Net News’ offices were still continuing. “I cannot set an exact timeframe because of matters out of our control; however I hope significant progress will be reported early in the new year. I can confirm that recently Chief Superintendent John Jones was interviewed in the Cayman Islands in the presence of his attorneys by members of the Tempura team,” Smith explained. “In respect of Stuart Kernohan, arrangements are being made with his legal representatives and officers from the Tempura team for him to be similarly interviewed.” 

Smith then said a formal assessment of the other allegations of criminality within the RCIPS is due by the end of January and decisions on any further investigations and areas for improvement will then be made in light of the facts contained in the report. He did not explain however if this meant therefore that he saw the actions of Jones and Kernohan as criminal.

He said that the service was in the spotlight for the wrong reasons, but as serious allegations have been made he was determined to prove or disprove them.”The people of Cayman need to have confidence in the integrity of its Police Service,” Smith added. “I am still relatively new to the post but with the strong support of my senior staff, I believe we can make a difference to the way we do business and play our part in securing thesafety of the Cayman Islands.

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Jack admits SPIT mistakes

Jack admits SPIT mistakes

| 05/12/2008 | 12 Comments

(CNS): Although ratherambiguous, H.E the Governor Stuart Jack has issued his first significant statement regarding Operation Tempura since Sir Peter Cresswell made his ruling in October, which quashed the warrants issued to search Justice Alex Henderson’s home and office. The statement appears to suggest that the main investigation may be coming to an end and admits that mistakes had been made, but Jack said that Martin Bridger and the Special Police Investigation Team (SPIT) had still acted in good faith.

 “We have to acknowledge that mistakes were made in respect of the Hon Mr Justice Henderson and, as already announced, the police decided not to appeal the judgment in the Judicial Review.  However, l would like to remind everyone that Sir Peter Cresswell’s Judicial Review and subsequent ruling, setting aside search warrants, does not negate the fact that a considerable amount of exemplary investigative work has been carried over the past year by the Investigative Team,” Governor Jack said in a written statement released to the media at around 6pm on Thursday afternoon.

He did not, however, indicate what the results were of the SPIT team’s work, which has so far reportedly cost the Cayman Islands government more than CI$4 million.

Governor Jack did say he had been assured by Bridger that during the investigation he had always endeavoured to act in good faith. “I have always found him to have acted in a very professional manner. The actions that Mr Bridger took in regard to the Hon. Mr Justice Alexander Henderson were taken based partly on advice that he had received from independent legal counsel, which has now been questioned,” the Governor added.

The advice reportedly came from a number of places, but one significant legal adviser has been Martin Polaine, a British lawyer who has visited Cayman on numerous occasions and was in court advising the SPIT legal team during the Henderson ruling, although he has not been sworn in at the Cayman bar.

Governor Jack also said that on the advice of the Attorney General the first part of Operation Tempura cumulating in the alleged unlawful entry into the Offices of Cayman Net News on the 3 September 2007 and other related matters, including the prosecution of Lyndon Martin, “must be concluded properly and with dispatch.” No explanation was given for this comment and Jack did not explain what “properly and with dispatch” meant in terms of whether or not the prosecution against Martin would continue, whether former Police Commissioner Stuart Kernohan would be interviewed or not , or what the circumstances are now regarding the status of the currently suspended Chief Superintendent John Jones.

With the arrival of the new acting commissioner , James Smith, on Monday 1 December, the Governor said that Smith had been given a chance to consider the investigation and that he would now have oversight. “In his first few days in office he (Smith) has already focussed his attention on the investigations, but there are aspects which it will take a little longer to consider, notably in respect of the further unrelated allegations that have come to light.”

Although the Governor did not say what they were, it is likely he was referring to the charges against Deputy Commissioner Rudolph Dixon which Bridger has maintained have always been separate and apart from the fundamental investigation surrounding Operation Tempura and the accusations that Deputy Commissioner Anthony Ennis and Desmond Seales, publisher of Cayman Net News, were in a corrupt relationship.

The governor also said that anumber of members of the community had come forward and spoken directly to Bridger and his team about other allegations of wrongdoing within the RCIPS, which would now be assessed. “Concerned with what I had heard, I commissioned an assessment to be undertaken of that information. That assessment will soon be completed and then decisions will be made as to how to move these matters forward,” Jack stated. “I am committed to taking action where there is alleged corruption in the RCIPS.  I wish to make it clear to those individuals who have demonstrated the courage in coming forward that the information they have provided will be dealt with in the strictest confidence.”

Jack ended his statement by saying that the new commissioner would be responsible for keeping the public up-to-date as developments take place. Smith, CNS has learned, has worked in the past with both Bridger and John Yates, the assistant commissioner from Scotland Yard who was supposed to have oversight of SPIT in the UK, and he also came to Cayman in 2005 to interview for the position of Police Commissioner, which was ultimately given to Stuart Kernohan.

 

 

 

 

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Operation Tempura

Operation Tempura

| 28/11/2008 | 4 Comments

In a recent letter to the media, I made it clear that I was not necessarily a proponent of conspiracy theories but I questioned the manner in which Commissioner Kernohan’s employment matters were dealt with.

The perception communicated to the public (and clearly not just the Caymanian public when one considers how Henderson’s arrest and related matters were published all over the Canadian press)  regarding a judiciary in disrepute, the basis on which the various investigations were conducted and the resultant costs to these islands.

Without some clear and unambiguous statement from Cabinet (ie one statement from Governor Jack, the elected members of Cabinet and our attorneygeneral) to the contrary, it is difficult when critically scrutinized to not to consider that Cayman may be experiencing some form of systematic destabilization.     

In his pre-budget speech the UK Chancellor Alistair Darling said:

“The British taxpayer cannot be expected to be the guarantor of last resort. The Government will shortly commission am independent review of British offshore financial centres; their role in the global economy; and their long term business strategies in the pre-budget report”.

I found his comments unnerving and reason for pause. Our constitution provides:

Section 1(1). There shall be a Governor of the Cayman Islands who shall be appointed by Her Majesty by Commission…and shall hold office during Her Majesty’s pleasure.

Section 1(2). The Governor shall, for the purpose of administering the government of the Islands, have such powers and duties as are conferred or imposed on him by the Constitution or any other law and such other powers as Her Majesty may from time to time be pleased to assign him…and shall do and execute all things that belong to his office according to such Instructions…

Under Section 7(1) of the Constitution the Governor is required to consult with the Cabinet in the formulation of policy and in the exercise of all powers conferred upon the Governor by the Constitution and by any other law for the being in force in the Islands.

However under the same section the Governor is not required to consult with Cabinet where for example (1) when the Governor is carrying out instructions handed down by Her Majesty and (2) when the Governor carries out his special responsibilities.

The Governor’s special responsibilities include matters in his opinion relating to internal security, the police and the appointment, suspension of any person to any public office. Although the Governor is not required to consult with Cabinet in exercising these powers the Governor is required to keep the Cabinet informed of any matter that he believes may involve economic or financial interests of the Cayman Islands. Under section 8 of the constitution the Governor may act contrary to any advice that provided by Cabinet if he considers it to be conflicting with public order, public faith and good government.

Whilst I have no intention to bore anyone with the specifics of our constitution I thought that it was very important to spell out the precise nature of the Governor’s powers and that of Cabinet and bear to in mind when considering what follows.

We the members of the public have been led to believe that our elected members of Cabinet were unaware of/had no input into the recent heatedly debated and in some instances, contested investigations relating to Operation Tempura commenced by Governor Jack. To this day we have not been afforded the courtesy of knowing whether our attorney general, Mr. Sam Bulgin advised the Governor on the one hand and not  the elected members of Cabinet on the other or vice versa. And we should know to be in a position to evaluate his judgment. We may also end up having to foot the bill at a time when there is the perception that the country is simply broke; not aided by the unaudited accounts going as far back as 2003 which involve “every statutory authority, every government owned business and every Cabinet ministry and portfolio” totaling at least $1.5 billion and over in inadequately accounted for expenditures.

If it is true that the Governor exercised his reserve powers under section 7(1) of the constitution where he is not required to consult with Cabinet when carrying out instructions handed down by Her Majesty or carrying out Her special responsibilities, this presupposes that (a) Governor Jack had reason to believe that his decision to commence the investigation was in the interest of good governance (in spite of what we are now aware of courtesy of the decision of the Chief Justice regarding Operation Tempura) and (b) he explained his reasons to the government of the United Kingdom who agreed and therefore approved and authorized his decision to commence and continue the investigations. 

If this is accurate we the public must ask the question whether Governor Jack distrusted our elected members of Cabinet to consult with and or inform them or whether they too were/are under any investigation? Whatever the position, we should be told the truth. 

It is quite a grave and serious situation when (i) a country’s judiciary is shamed and ironically there is an almost immediate appointment of three new court of appeal judges and (ii) the police force is brought into question due to alleged corruption charges, especially having read Chief Justice Smellie’s recent ruling on Operation Tempura.  But when coincided by what may be construed as an assault on the economy this raises additional concerns.

The proposed commission of enquiry as expressed by Mr. Darling is to be commenced by the UK government prompted by the alleged growing international pressure to line up standards of financial regulations and meet the standards of international norms relating to taxation (aka: full exchange of information). This strongly suggests that our offshore industry is about to come under further attack.

Whilst we are undoubtedly one of the most regulated jurisdictions we  appear to have dropped the ball by failing to focus on maintaining tax treaty networks to continue the promotion of transparency and assistance with the exchange of information (as for example our competitor the BVI has done through double tax treaties with Japan, the UK, Australia and Switzerland). Note that Mr. Darling also made it clear that the UK taxpayer will not be ‘guarantor of last resort’. In other words, the UK government is not apt to be saddled with any debt or other contingent liability from its overseas territory and is clearly concerned about our fiscal performance at a time when there has been a collapse in the financial community worldwide.

 There will be no Bailouts in Cayman by the UK government with respect to the $1.5 billion.

Finally in the midst of this conundrum there is the ongoing constitutional modernization debates in the face of the devastation brought to bear by Paloma, citizens with no health insurance, no homes and or insurance on their homes, increasing local unemployment (whether the elderly, graduates and professionals) and the rise of violence and robberies.

This cocktail is the recipe for changing attitudes from sensible, passive and conservative to outright aggression and intolerance. It will be interesting to observe how any government now or in the future with limited funds at its disposal address these issues.

 

Governor Jack’s term in office has been extended until the constitutional modernization debates have concluded.   This may be unusual in the Cayman context as attempts were made by previous administration to extend the term for Governors Peter Smith and Michael Gore to no avail. But times are changing.

I have asked the question and will ask again, who has this community’s best interest at heart? Who will be responsible for the cost incurred due to any breach of good governance?  And this is no time for division in our islands; we are all in this together.

The increasing intensity and interest expressed by Caymanians (and non Caymanians alike) regarding the intent and content of what is occurring shouldbe astutely observed by all leadership and not be confused with creative tension. I am reminded of the late Haig Bodden’s observation on the meaning of democracy: democracy is all about whether people are hungry or not.

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Met back behind Bridger

Met back behind Bridger

| 06/08/2014 | 48 Comments

(CNS): The former employers of the SIO on the ill-fated Operation Tempura police corruption probe have signalled their renewed support of their ex-top cop. In what is perhaps the first indication that the Metropolitan Police has concerns about the ongoing cover-up of elements of the investigation conducted by Martin Bridger between 2007 and 2009, the London police force has suddenly turned the cash back on for his protracted legal battles with both the Cayman government and the former police commissioner, Stuart Kernohan. The cash flow returnsjust as the RCIPS said they are investigating Bridger and his allegations and as Cayman waits to see if the governor's office will finally release documents relating to the enquiry after fighting tooth and nail to keep them secret.

The governor's office remains tight lipped in the face of the latest order by the acting information commissioner to release the documents which were the subject of a freedom of information request, but there are now only a few weeks remaining before, in accordance with the law, the UK's representative must release the papers or take the ICO back to court for another costly judicial review.

Bridger is now reportedly the subject of an RCIPS probe into allegations he made to the Metropolitan Police about how he, and in turn Scotland Yard, may have been grossly mislead by Attorney General Samuel Bulgin, the FCO's Security Advisor for the overseas territories, Larry Covington, and then governor Stuart Jack. However, Bridger has now got the backing of his former bosses in yet another strange twist in the ongoing saga of Operation Tempura.

Sources close to the issue who cannot yet be named have confirmed that as much as $300,000 of UK tax payers’ money has been made available to Bridger to pay outstanding costs relating to his fight so far but also to use in his fight to expose damning documents that he wants to use in his defence against a law suit filed by Kernohan. The Met's sudden support of Bridger is a clear indication not just of their obligation to him as an employee at the time but also that the leading UK police service could have concerns about how the probe has been handled by the FCO.

During the lifetime of the discredited operation, which has cost the Cayman tax payer millions without a single successful prosecution, Bridger has persistently claimed to have acted in good faith and entirely on the advice of legal counsel provided by the attorney general or governor's office. He has stated publicly that he documented every twist and turn of the probe, which went from the clearance of allegations of corruption of one leading police officer to the suspension of three others and the unchallenged finding of an unlawful arrest of a Grand Court judge.

However, some of these documents generated by Bridger during Tempura are subject to a court order and he has been banned from using them to justify his claims or defend himself in the ongoing law suit with Kernohan.

During the course of the enquiry, Bridger, who arrived while employed directly by the Metropolitan Police, reached his retirement age and as a result he was re-contracted via the governor's office. But trusted sources have also told CNS that Scotland Yard continued to supervise the probe indirectly with the controversial John Yates remaining as the overall boss of the operation. As a result, CNS has learned the UK cops continue to have an obligation to Bridger to support him through the courts with regard to work he did under the Met's supervision.

However, the London force abandoned Bridger about two years ago and, according to sources, "left Bridger out to dry" but have suddenly done an about face and refunded the former officer's legal fights.

Bridger, who has been banned from talking about his complaint and the subsequent decision by Duncan Taylor that it was unfounded, recently told CNS that it is still difficult for him to talk openly about many aspects of the probe, something he would dearly love to do, but he said that his main hope is that the full truth of what happened during this much maligned investigation will eventually come out. He said, "When the people of the Cayman Islands know the full and complete truth, they can then make a fair decision about what I did and judge me accordingly," he stated.

Pressing for the whole truth, Bridger said he was hopeful that the report based on his complaint will be released in the coming weeks as that, he said, willreveal some important parts of the wider jigsaw that is Operation Tempura. However, he said, there is still much more that needs to be revealed and when he is able lawfully to tell his story, Bridger has stated he would be happy to come to Cayman and do so. He said the Caymanian people have a right to know the details of what happened and the reasons why certain decisions were made, based on what advice and by whom.

Although the complaint, which remains the subject of the FOI battle with the ICO and the governor's office, was originally made by Martin Polaine, a former legal advisor on the probe, when he withdrew Bridger carried on with the complaint. When the report into the complaint was concluded and he governor made a decision, Bridger was told he could only see the content of the report if he agreed to maintain confidentiality.

Since the fight to keep this report under wraps has been underway, Kernohan has settled with the Cayman Islands Government over his alleged unlawfuldismissal during Tempura. He has now also been silenced as a result of a payout estimated to be in the region of $600,000 and paid for by the Cayman tax payer.

However, there remains numerous unanswered questions over the probe, which has been the subject of allegations and counter allegations. As the twists and turns in the fallout from Tempura continue, all eyes remain on the governor's office and the possible release of what are believed to be damning documents concerning the oversight and mismanagement of the probe as well as who advised who about what.

If the documents are released, the Cayman public may begin to see at least some of the real Tempura picture, though by no means all of it. If, however, the governor decides the documents cannot be released into the public domain, the Cayman tax payer will once again be footing the bill to help the governor's office, and by extension the FCO, cover-up whatever it is they don't want the public to know.

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Cops investigate Bridger

Cops investigate Bridger

| 04/08/2014 | 40 Comments

(CNS): In yet another twist in the increasingly costly, discredited Operation Tempura police corruption probe, the RCIPS has stated that Martin Bridger, the lead investigator on the still secret debacle, is now under investigation himself. A spokesperson for the RCIPS said that because Bridger made allegations, which the local cops have dismissed, against the attorney general, the former governor and the FCO's OT security advisor, counter accusations have been made against him over the publication of those allegations and the police are now investigating him. But Bridger has hit back, stating that his concerns have never been fully addressed because he never been interviewed and because there is evidence that the RCIPS has never seen that supports the claims.

In the continuing fallout over the ill-fated internal police investigation that related to allegations of corruption in the RCIPS, the latest twist comes at a time when the Metropolitan police have returned their support to Bridger and will be financing his continued legal battles relating to Tempura. This dismissal of his complaint also comes as the clock is ticking for the governor's office to release the details of an earlier complaint filed by Bridger and the subsequent investigation and dismissal of that by the former governor, Duncan Taylor. 

However, Bridger's concerns that the governor at the time Stuart Jack, the UK's overseas territories' security advisor Larry Covington and Cayman Islands Attorney General Samuel Bulgin had known all along about the alleged illegal entry into a newspaper office by two employees under the supervision of the then police commissioner, Stuart Kernohan, and his chief superintendent, John Jones, have now become a key factor in the discredited probe.

Bridger recently stated that had he known that those officials were all aware of the search at the offices of the late Desmond Seales', he and his men would have packed up and left Cayman in a matter of weeks, saving the local taxpayer literally millions of dollars. However, he said, if they knew but had not told him, allowing him to believe Kernohan and Jones were "on a frolic of their own" when it was, in fact, approved, that was a serious matter. Bridger has said that if that was the case, and he cannot be certain, that would have meant not only was he, his team and the Cayman public mislead but so were the UK cops.

But since Bridger revealed that both Kernohan and Jones have indicated that their direction to staff at the newspaper to explore the Cayman Net News officers out of hours to look for evidence of police corruption was given the nod from the governor's office, and they have evidence to prove it, the RCIPS has now turned on Bridger. They say his allegations have been investigated and are unfounded and the commissioner has already contacted Bulgin, Jack and Covington to say the investigation is over with no offences revealed. The RCIPS accuse Bridger of dropping his accusations and not turning up to an interview.

"Whilst the criminal allegations made by Mr Bridger failed, were unsupported and unproved after analysis of all of the available evidence, his account and publishing of data within the media led to counter allegations of criminal conduct being made in relation to his conduct. Those allegations remain under investigation and are subject to continued inquiry," the police stated.

However, Bridger disagrees and has said that matters cannot have been fully investigated as neither he nor the evidence that he says exists has never been examined by the RCIPS.

"I acknowledge that after nine months of trying to see the commissioner arrangements were eventually made to meet with me," Bridger admitted in a statement Sunday, but he explained why that was: "On two occasions prior to the proposed meeting I wrote to the commissioner telling him that I would not be attending the meeting. He did not acknowledge either of those communications. The impression he has now created is that I simply did not turn up to the meeting, that is incorrect."

Bridger said he has withdrawn his allegation but for good reason, not least because of his lack of faith in the authorities regarding Tempura.

"At the heart of my reasoning to withdraw my criminal allegation is that due to circumstances which have occurred over the last year, my (legal) advisors and I were left in a position where we had no confidence in the RCIPS investigating these difficult and complex issues in the spirit of openness and transparency whereby the search for the truth, wherever it may lay, would be uppermost in the mind of any investigator," he added.

Bridger stated that he made the allegation of crime in good faith after being supported by the Metropolitan Police — a position that, now the funding has been turned back, on appears to have merit.

"The purpose of a criminal investigation is the search for the truth. An investigation does not and should not make judgments of guilt or innocence. I have never sought to do that in respect of Mr Jack, Mr Covington or the Attorney General. That is the responsibility of an investigation and those who may consider prosecution in the future. Each and every week across the world police commence and conduct investigations. This is the cornerstone of the judicial system. Many of those investigations result in the matters not being pursued further," Bridger said.

"The commissioner has indicated that the allegation against me made by those I have alleged against remains outstanding. Of course there will come a time when the commissioner will have to interview me about these matters and that is the right and proper course that he should follow. I wish to make it clear to the commissioner and to the people of the Cayman Islands that I would be prepared to surrender myself for interview in the Cayman Islands, at a mutually agreed time, because that would then allow me to share some of the evidence which the commissioner has not seen in making his assessment and justify why I originally made the allegation of crime to the MPS, supported by statements from Mr Kernohan and Mr Jones," he said, implying that the commissioner's dismissal of this issue may have premature.

Check back to CNS later this week for more on the outstanding documents that the governor's office has been directed to release and the support Bridger now has from Scotland Yard.

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Ex top cop settlement saved cash, says premier

Ex top cop settlement saved cash, says premier

| 11/04/2014 | 5 Comments

(CNS): The secret settlement with the former police commissioner has saved the government cash, the premier said Thursday as he justified the undisclosed pay out. Although sources have revealed an unconfirmed figure of around $600,000 government is currently obligated to keep quiet about how much tax payers’ money it has given to Stuart Kernohan as a result of the infamous Operation Tempura. Alden McLaughlin said mounting legal expenses following failed efforts at mediation had reached in excess of $1M and were set to escalate as the trial approached. With no guarantee government would win, if it didin’t not only would it face its own massive legal bill but Kernohan's as well.

Speaking in the Legislative Assembly, the premier said he could not say much about the case or the terms of the settlement.  Aware of the understandable calls for the terms of the settlement to be made public but, he said, it was not an uncommon for settlements of this type to be subject to confidentiality.

“All I can say is that, after careful deliberation, the government determined that the wisest course was to avert the mounting legal expenses associated with the case by negotiating a settlement, and that is what we have done,” McLaughlin added. “We are however confident in saying that, given the amount that was being claimed against the government,  by settling the matter in the manner we did, and the time we did, we  have managed to avoid incurring significantly more legal costs than if the matter had gone to trial.”

McLaughlin said he appreciated that a lot more needs to be said about what he described as the “sad chapter in Cayman's history” known as ‘Operation Tempura’. “I look forward to the day when a more fulsome statement can be and will be made,” he said.

The premier was part of the 2005-09 PPM Cabinet at the time of the ill-fated investigation which had agreed not to pay the operation Tempura bills because of the obvious flaws and issues relating to the costly investigation. This forced the then governor, arguably the least popular UK representative in recent history, Stuart Jack to use his reserve powers to take the money from the public purse. 

The story is a long way from over however, with critical documents still kept under wraps and side shows such as the battle between the SIO on the case Martin Bridger and Kernohan as well as the complaints that Bridger has now filed with the Metropolitan Police in London and the Foreign Office which Baines has been taxed with examining.

Kernohan had always said that the governor, the overseas security advisor and the attorney general knew about and had endorsed the covert entry into a local newspaper office. However, Bridger now alleges no one told him. He has claimed that because he didn’t know and assumed Kernohan and his colleague John Jones were going off on a “frolic of their own” this triggered the long and costly pointless probe that seemed to consist of a catalogue of bungles and incompetence by all the officials involved.

The total bill for Operation Tempura which began as an undercover Operation with two UK officers in September 2007 grew to bea massive scandalous affair involving senior police officers, high court judges and several costly court room productions is hard to estimate.

None of it solved anything and exposed no police corruption but when the UK undercover cops left the bill was already well over $10million and has been increasing ever since. In addition to that the government has spent almost $1.8million in litigation alone fighting the various suits or trying to keep embarrassing documents out of the public domain.
 

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Ex top cop payoff to be buried in 2014/15 budget

Ex top cop payoff to be buried in 2014/15 budget

| 09/04/2014 | 9 Comments

(CNS): Although the settlement between government and the former police commissioner who was sacked during the controversial Operation Tempura internal police probe is currently a state secret, the parliament’s finance committee may be able to shed light on the amount next month. According to officials from the ministry of home affairs the payment to Stuart Kernohan will be coming from the 2014/15 budget set to be before the legislative committee in May. This means the cash will be buried somewhere in a line item and questioning by MLAs during the usual probe over the allocation of public funds may help determine how much more the tax payer has been force to cough up as a result of the bungled investigation.

CNS Filed an FOI request about the budgeting for the payment which was announced at the end of last month and as a result of the home affairs ministry not holding documents they confirmed via email that the money would be paid from the forth coming 2014/15 budget.

As a result the pay-off, which is estimated at around $600,000, far less than original speculation that it was in the millions, will be part of a line item entry in the home affairs ministry’s budget and savvy MLAs should be able to detect the approximate amount.  While it may be combined with other payments questioning of the premier, who is the minister for home affairs and his chief office Eric Bush may lead to a reasonable guesson how much the public purse stumped up for the mistakes of the former governor,  Stuart Jack as well as others associated with the discredited internal RCIPS probe.

Kernohan, a British national, was sacked while suspended from duty, when he refused to return to the Cayman Islands having gone back to the UK as a result of his late father’s then ill-health. Kernohan refused based on a catalogue of reasons relating to how the investigation was being conducted and what have since emerged as serious flaws in communication between the parties which still remain in contention.

The main issue surrounds Kernohan’s insisted that the his entry into Cayman Net News to look for evidence of alleged corruption between the late proprietor Desmond Seals and a high ranking police officer, by two reporters on the paper in collusion with the RCIPS, was authorized by the governor at the time, Stuart Jack as well as the overseas security advisor Larry Covington and the attorney general, Samuel Bulgin.

Kernohan has always stated that he had documentary evidence of this though it has been denied by the FCO officials.

 

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Ex-top cop gets secret payoff

Ex-top cop gets secret payoff

| 01/04/2014 | 76 Comments

(CNS): Former police commissioner, Stuart Kernohan, who was sacked during the discredited internal police corruption enquiry, Operation Tempura, has been given a secret pay-off to settle a legal claim that he was wrongfully dismissed. What is understood to be a significant sum is being kept under wraps even though the public purse has picked up the tab. A short joint statement released by officials from the attorney general’s chambers and Kernohan's lawyers, Campbells, confirmed the settlement but officials said the deal was confidential. Speculation mounted Monday that the payoff was in the millions but secrecy surrounding the agreement prevented confirmation of the sum.

The short release, which came from Campbells office, stated: "The Cayman Islands Government and the ex-Commissioner of Police Mr Stuart Kernohan have agreed to settle their involvement in the ongoing civil matter. Mr Kernohan served as Commissioner of Police from 2005-2008 and the Government wishes to thank him for his commitment and service to the Islands."

The mystery payout comes on top of the cash government spent fighting the legal claim to date, which was filed almost five years ago, and on trying to prevent Martin Bridger, the senior investigating officer on the ill-fated Tempura probe, from using material he acquired in the wake of the enquiry to fight the claim Kernohan had made against him as well.

It also adds to the growing costs of the overall Operation Tempura tab, which has been footed by the public purse and has included a $1.275 million claim paid to Grand Court judge, Justice Alex Henderson, a pay-off to Rudy Dixon, the former deputy police commissioner, who was caught up in an unrelated element of the Tempura probe but who was paid off, and the cost of the investigation itself, as well as numerous other legal battles.

The governor's office has also spent considerable amounts of public cash fighting the information commissioner in an effort to keep the lid on a report documenting a complaint about the interference with the internal police probe filed by the legal advisor on the case, Martin Polaine, and Bridger.

It is not clear if Kernohan is continuing his claim against Bridger or whether this settlement also means an end to that legal challenge, which saw the Cayman Islands Government (CIG) engaged in costly courtroom fights with Bridger as it sought and succeeded in preventing him using documents that he had acquired during the course of the probe in the defence of Kernohan’s suit against him.

Kernohan, who was the police commissioner between 2005 and 2008, until the UK covert cops came to Cayman, was dismissed while suspended from duty as a result of what Bridger believed was his part in a burglary at Cayman Net News to look for evidence of a high level police leak to the owner, the late Desmond Seales. Although Bridger established within weeks that there was no corrupt relationship between Seales and Deputy Commissioner Anthony Ennis, the investigator decided Kernohan and the then RCIPS chief superintendent John Jones had colluded with John Evans and Lyndon Martin, reporters at the local paper, in what was essentially an unauthorized break-in to the newspaper's office.

Kernohan and Jones had both insisted, however, that they had cleared the entry into Net News with Attorney General Samuel Bulgin, as well as the governor at the time, Stuart Jack, and the overseas territories advisor, Larry Covington, and had documentation to support their position. Bridger has since stated that he was never told that Kernohan had got the nod from his bosses for the entry and had he known he would never have launched the costly investigation that flowed from his belief that an offence had been committed.

During his time on suspension, as the investigation dragged on, Kernohan's father became very ill and passed away. As a result, the suspended cop returned to the UK and then declined to return to the jurisdiction for a number of reasons, including his concerns about how the investigation was being conducted and as he believed the governor had no authority to order his return to Cayman while he had been placed on required leave. However, the governor thought otherwise and sacked Kernohan in November 2008 and less than six months later Kernohan filed suit.

The case then dragged on with a number of twists and turns, including Bridger’s attempts to defend his position in the probe as it related to the cause of Kernohan’s suspension, in particular the documents which Bridger had retained when he left Cayman, which related to the investigation.

A legal battle came down in Bulgin’s favour when a judge ruled that Bridger was not allowed to use the documents as they were not his to use.

Although this could be the last major law suit that the CIG has to settle in relation to the fall out of Tempura, the amount may not remain secret for long. CNS has submitted an FOI request for the sum and although that will be refused, because the cash comes from the public purse, government will have to account for the money in a line item in the budget.

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This is the year that was

This is the year that was

| 05/01/2014 | 3 Comments

(CNS): Cayman may have welcomed a new government and a new governor in 2013 but it also faced many familiar problems, in particular a continuing rise in serious crime and a sluggish economy. The first part of 2013 was dominated by a long and heated election campaign against a backdrop of genuine concerns in the community about Cayman’s future. However, in the second half of the year, with the new PPM government incorporating non-party members, the Progressives sent a signal that party politics could be flexible, as it pressed through a new budget, immigration changes and the long awaited National Conservation Law before the year was out.

JANUARY: 2013 began, much as 2012 did and as 2014 has, dominated by crime with two people being mugged on the streets of Grand Cayman on New Year’s Day. Tourism was hit with bad news when the Carnival Cruise Line announced it was cutting the number of ships coming to Cayman, and the World Society for the Protection of Animals (WSPA) upped its campaign to highlight conditions at the Cayman Turtle Farm. January also marked the beginning of the permanent closure of a stretch of the West Bay Road, as Dart  Realty began work on the Easterly Tibbetts Highway. Meanwhile, Dr Devi Shetty was given planning approval for his hospital in East End.

The Governor’s Office started legal proceedings to challenge a decision by the information commissioner in an effort to keep documents relating to the discredited Operation Tempura under wraps. The Nation Building Fund continued to stir up controversy when it was revealed that a handful of churches had received almost $500,000 at a time when the public purse was having significant cash flow problems.

The travelling expenses of the then premier, McKeeva Bush, were revealed to much consternation. The election battle started to heat up when several Coalition  for Cayman candidates began declaring their intention to run in the election on the non-party C4C ticket and the voters in Bodden Town finally outnumbered those of West Bay.

As crime continued throughout the month, the RCIPS received its first batch of Tasers and began training officers in how to use the controversial non-lethal weapons. Days after announcing the introduction of the weapon into the police armoury, an officer shot a 44-year-old suspected burglar.

FEBRUARY:  The prison system came under the spotlight in February when a report by the UK’s prison inspector exposed a shocking environment of mismanagement, drug abuse, victimization, bullying and violence, as well as poor and inhumane treatment of inmates.

Meanwhile, the interim People's National Alliance administration said that the deal signed between the UDP government, the National Roads Authority and the Dart Group in December 2011, known as the NRA Deal, was legally binding. However, four West Bay women filed court action against the deal. (They are currently waiting on the decision in the case by Justice Henderson.)

The election campaign got into full swing as several candidates declared their hand and McKeeva Bush opened the UDP campaign in West Bay. Despite being under arrest at the time on suspicion of theft and abuse of office, Bush also opened the new UDP office. A proposal was floated by the UK for Cayman to encourage election observers, which caused Bush some concerns.

The month was dominated by scandal at the airport and hints of corruption among board members when the suspended CEO of the Cayman Islands Airport Authority was accused of mismanagement at the airport and the misuse of public money. A report commissioned by the CIAA Board indicated that hundreds of thousands of dollars appeared to have been misappropriated, with boozy lunches for staff that were on duty, flying lessons for an employee running a private flight school, as well as unexplained thefts.

The Cayman Islands Government revealed that it was owed more than CI$16.5 million in uncollected fees and bad cheques. DECCO, a subsidiary of the Dart Group, was selected by the Electricity Regulatory Authority (ERA) to generate future power on Grand Cayman.

MARCH: The managing director of the ERA, Joey Ebanks, was suspended in the face of an investigation into alleged financial irregularities in the authority’s books. Ebanks was later sacked from his job, arrested and charged. (He is due to stand trial in 2014 for a list of offences.) Following his arrest he not only declared his intention to run in the election as a candidate for North Side but also began making allegations of corruption surrounding the DECCO award, triggering another enquiry and ultimately a new tendering process.

Meanwhile, an RCIPS staffer, who was the first person charged under the Anti-corruption Law, pleaded guilty to several counts relating to the misuse of information and was given a suspended sentence. Later in the month McKeeva Bush was charged under the same law with a list of offences, including theft, abuse of office and corruption, following his arrest and fall from office in December. The then education minister and deputy premier, Rolston Anglin, was fined $500 and banned for one year after he pleaded guilty to drinking and driving.

A second legal challenge wasmounted against the West Bay Road closure, which was eventually to fail because it was out of time. Negotiations between government and Dart also hit the news headlines as the interim government tried to claw back more value for the Cayman people regarding the NRA Deal.

Kent McTaggart, who had announced his intention to run as a Coalition for Cayman candidate in Bodden Town, pulled out from the political race ahead of Nomination Day in the first of a series of issues relating to candidates qualifications. Richard Christian was prevented from running after he admitted having an American passport. Questions were also raised about Tara Rivers’ qualifications, which resulted in a full courtroom challenge later in the year. In the end, 57 candidates were formally nominated to enter the election.

Members of the interim Cabinet, three of whom had been part of the UDP government, denied knowing anything about an agreement which the former premier and UDP leader, McKeeva Bush, had signed in 2012 with China HarbourEngineering Company (CHEC) regarding the development of cruise port facilities before he fell from office. The five ministers said they knew talks with CHEC had moved toward a framework agreement but had no idea that their leader had signed that deal without any legal advice and without consulting his Cabinet colleagues, including the attorney general.

APRIL: The controversial nation building fund was in the headlines again when it was revealed that the Red Bay Church of God (Holiness), which was attended by the new premier, Juliana O’Connor Connolly, had received around $100,000. It was later to give the money back and others followed suit, with Hillside Chapel on Cayman Brac returning the $50,000 grant it was given from the fund.

Cayman’s lack of environmental legislation put the islands at the bottom of the league across the UK overseas territories in the first ever analysis of environmental laws across all 14 OTs. 

The beleaguered former premier, McKeeva Bush, made his first appearance in court in connection with the charges against him, which were transmitted to the Grand Court as details emerged of allegations that he used his government credit card in casinos. The former MD of the Electricity Regulatory Authority and candidate for North Side was also charged with 29 different counts of theft and fraud-related offences. Joey Ebanks was also threatened with a number of civil legal threats as a result of the allegations he made on his Facebook page.

The Elections Office was concerned that electors in George Town would not vote correctly, thus spoiling their ballots, because of the whopping six votes they would have in the May 2013 elections. Campaigns against treating, corruption and vote buying took centre stage in election news, even as vandals attacked political posters. The PPM candidates all made public pledges of integrity as the UDP launched an ethics policy.

It was revealed that prisoners at HMP Northward were posting on Facebook using smartphones smuggled into the prison. Crime continued throughout the month and even Cayman Brac featured in the crime headlines, as customs officials and police recovered over 100lbs of cocaine in a space of less than two weeks on the south side of the island. The drugs were estimated to have a street value in excess of $6 million.

MAY: The month opened with more alleged white collar crime. The former head of the Pines Retirement Home, Sue Nicholson, left the island under a cloud amid allegations that she had misappropriated significant funds. While the RCIPS say they are continuing the investigation, no arrests have been made. Nicholson’s husband has now paid back the undisclosed missing sums that disappeared during his wife’s tenure. The RCIPS scored a significant result, however, when five men were all convicted of the robbery of Cayman National Bank following a jury trial one year after the daylight heist, in which the men made off with over half a million dollars.

Talks between government and Dart over the NRA Deal and the concessions in the original agreement collapsed ahead of the elections because the government and the developer could not agree on changes to re-balance the deal in favour of the public purse. A report by local management consultants PricewaterhouseCoopers also revealed a number of risks and raised questions about the value of the deal, pointing out that the CIG was down at least $20 million.

A survey on the state of the country’s health found that the people of the Cayman Islands were unfit, overweight and at high risk of chronic non-communicable diseases. Most were not eating the right foods, smoking and drinking too much and not getting enough exercise. More than a third (36.6%) were found to be obese and over 70% overweight.

The $1 million donation given to a Jamaican university that had planned to convey an honorary degree on McKeeva Bush hit the headlines as police said they were looking into the issue. Bush denied any knowledge about the money, which was transferred from a New York bank to the University College of the Caribbean (UCC) but returned when the former premier did not get the degree in the fallout of his arrest.

Meanwhile, the election campaigned heated up as candidates threw dirt at their opponents and hedged their bets on who they would or would not support, as expectations for a coalition government increased. On Election Day just under 80% of voters turned out for what were declared as free and fair elections by observers. The PPM took the majority of seats and quickly invited Julianna O’Connor-Connolly, the only interim Cabinet member re-elected, into the fold and offered her the post of speaker of the House. Tara Rivers, the C4C candidate who came second in the West Bay fight, breaking the UDP stranglehold, was invited by the new premier, Alden McLaughlin, to join his cabinet.

Rivers eventually joined the government, though not the PPM, several days later. Her two C4C colleagues, Winston Connolly and Roy McTaggart, joined the government back benches in what the new premier termed an inclusive government. Bush, whose UDP had managed to win three of the West Bay seats, ousting his former colleagues, Rolston Anglin and Cline Glidden, became opposition leader, as both the independent members, North Side MLA Ezzard Miller and East End MLA Arden McLean, took up their position on the opposition benches but away from the former premier, signalling their opposition not just to government but to the official opposition as well.

Cayman mourned the loss of Edna Moyle, a former speaker of the LA, PPM member and North Side political representative, who was given a full state funeral.

JUNE: As the new government settled into office, Osbourne Bodden made it clear that this administration would not be moving the George Town landfill but would be tackling the garbage pile where it is. Moses Kirkconnell, the new tourism minister, promised two piers in George Town and no upland development for the cruise berthing facility. Finance Minister Marco Archer started on his first budget and the Coalition for Cayman told its candidates, who were now in government, it would be keeping a close eye on them.

Crime continued to be of major concern, with daylight robberies and increasing burglaries. Thieves even stole meat from the Cayman Turtle Farm. Police said they were perpetually dealing with gang-related issues and the commissioner revealed that fights, gun possessions and escalations of tensions when known gang members were released from jail regularly occupy his officers. Operation Tempura, the discredited investigation into police corruption, continued to make news as Martin Bridger, the former lead investigator, made allegations about its handling by Cayman authorities. He claimed that everyone, from the former governor to the attorney general, had been conflicted in the case and had withheld critical information from him and his officers during the probe.

Police procedures came under the spotlight when local activist Sandra Catron won a judicial review over an illegal warrant. The court heard that police officers had asked a justice of the peace to sign a search warrant, even though he had no clue what he was signing and did not understand the alleged crime. He admitted that not only did he not have any understanding of the law but that over the course of two decades he had never refused to sign a search warrant or ever been shown evidence to support them.

On the consumer front, customers felt an even bigger pinch when Caribbean Utilities Company was given permission to increase power rates by 1.8%. The new government introduced a travel policy that saw ministers flying in economy class.

With Governor Duncan Taylor heading for a new position in Mexico, Cayman learned that for the first time a woman had been appointed to the post. In an additionalbreak from tradition, she came not from the Foreign Office but was a public finance expert from the UK’s Home Office.

Meanwhile, the issues over election qualifications hit the headlines when John Hewitt, the husband of Velma Hewitt, the only UDP candidate who failed to win a seat in West Bay at the national poll, filed a petition challenging Tara Rivers’ election. The new education and employment minister's focus moved to the courtroom as a hearing was set for July.

JULY: Crime continue to dog the Cayman Islands; a bus driver was mugged while another man was stabbed in the stomach, as robbers took to ambushing their victims on their doorsteps. Meanwhile, one local police officer was under investigation after allegations were made that he was buying illegal numbers in a local store.

The Elections Office reported that over $1 million was spent by candidates on the election campaign and the new financial services minister, Wayne Panton, was revealed to have been the most significant donor to his own party’s election success. Civil service reform made the headlines and Deputy Governor Franz Manderson said that in future promotions in the public sector would be based on performance and not length of service. In his parting interviews Governor Taylor said his biggest regret was that he was not able to advance reform in the civil service further and increase accountability.

The governor-in-waiting, Helen Kilpatrick, made a flying visit to the islands and promised the people she would listen and learn when she arrived to take up the post in September.

The new government opened talks with Dart regarding the ForCayman Investment Alliance, the NRA Agreement, the West Bay Road closure and the 50% tax concession on accommodation, which Kurt Tibbetts, the minister of Planning, Agriculture, Housing and Infrastructure, announced was not acceptable to the new administration. Meanwhile, the ERA cancelled the award to Dart for power generation in light of the ensuing scandal after Joey Ebanks made allegations that the bid had been fixed for the local developer.

The PPM made the announcement that it would be following through on its election promise to change the rollover policy and push the term limit to ten years (though eventually it was to settle on nine) — passed the point of eligibility to apply for permanent residency, essentially allowing everyone to have a shot at PR.

Stingrays that had been held captive at a local dolphinarium were recovered and released back into the wild by the Department of the Environment in accordance with changes in the law that now protect the local marine creatures.

All eyes were on the courtroom in July, when the election challenge against Tara Rivers began. It was soon revealed that Rivers had been living overseas in the seven years prior to the election and that she held and used an American passport. Nevertheless, the new minister insisted she was qualified. Despite being a co-respondent in the election petition, the attorney general remained largely silent. The government lawyer was placed in a compromising position as a defendant in the Rivers case when he had previously advised the Elections Office that Richard Christian was disqualified to run as a candidate for Bodden Town after he admitted having a US passport.

AUGUST: Cayman did not have long to wait on the decision regarding the Rivers challenge. Chief Justice Anthony Smellie declared in August that Rivers was duly elected. Despite her time spent working overseas before the election and the fact that she has and uses an American passport, the CJ foundd that she was qualified, signalling a new interpretation of the elections law and the constitution. However, shortly after the ruling lawyers acting for Hewitt filed an appeal but because the local law indicates that the Grand Court has the final say in any election challenge, the appeal was eventually thrown out.

Meanwhile, crime continued to plague the community. The RCIPS raised concerns about the number of burglaries and more home invasions by armed villains, and robberies in the tourist district of Seven Mile Beach were reported. However, it was convicted criminals that dominated the headlines in August when Steve Manderson, his son Marcus Manderson and Jamaican national Chadwick Dale all busted out of HMP Northward. The break-out came just weeks after Cayman’s new prison director, Neil Lavis, arrived to take up his post after almost thirty years working in the prison system in the UK. Although Dale and Steve Manderson, who was on his sixth jail break, were captured within a few weeks, Marcus remained on the run for many months and was eventually recaptured in December.

Sex offenders also made the headlines this month. A magistrate handed down a six month jail term to a father who had molested his 8-year-old daughter. The sentence caused outrage in the community and led local activist Sandra Catron to press politicians for a minimum sentence for all sex offender cases. Catron came under investigation herself as a result of her connection with an unofficial register that was naming and shaming sex offenders in contravention of local laws, which seek to protect the names of victims by not naming the offenders. 

A jury found 22-year-old Tareeq Ricketts guilty of the murder of Jackson Rainford. The George Town man was convicted of the killing and possession of an unlicensed firearm after the jury found that the crown had proved Ricketts shot 23-year-old Rainford out of jealousy and anger. Rainford was killed as he sat in the passenger seat of a car just off Sheddon Road in Printers Way, George Town, in December 2012.

Cayman’s Under-15 football players put up a great show as Cayman hosted its first international CONCACAF development tournaments, with a step in the right direction for sports tourism thanks to the influence of Caymanian Jeffrey Webb, who, as president of the regional footballing body, ensured that his country also benefitted from his lofty appointment.

In recognition of his efforts in successfully bringing back Grand Cayman's blue iguana from the brink of extinction, Fred Burton was nominated to receive an international award for animal conservation.

SEPTEMBER:  Crime was a dominant issue through all of 2013 but in September things began to get even worse. The month saw the first murder of the year and a further increase in gun crime and even a car-jacking.

Education Minister Tara Rivers hit the headlines again when CNS revealed that she had missed the start of the new school year, having gone to South Africa for a Commonwealth Parliamentary Association conference, as the LA opened and just a few weeks after the court case over her qualification for election, which had kept the minister away from her desk.

The public were less than impressed but Rivers reaction caused an even bigger firestorm when she took aim at the press for reporting on her decision to go to Johannesburg, accusing the local media of gender discrimination. On her return she had to deal with another drama in East End, where parents had locked the district primary school in protest over teacher shortages at the beginning of the new school year.

The leader of the opposition’s trial for the alleged misuse of his government credit card, which had been set for March 2014, was postponed and re-set for 8 September 2014.

The police were kept very busy with daylight armed robberies at stores and in the street, with more doorstep muggings in which robbers shot at and eventual hit one of their victims. The worst was yet to come; in what was believed to be a gang-related murder in West Bay, Irvin Bush was gunned down outside his home in Daisy Lane. No one has yet been charged with his killing. Bush was the father of Robert Mackford Bush, who was killed in a spate of gang-related shootings in the district twoyears earlier.

The Cayman Islands was revealed to have one of the highest rates of prisoners per capita in the world, according to research by the International Centre for Prison Studies, coming in at number 20 on the world list out of 223 countries. Nevertheless, the new PPM administration announced its intention to invest $2.1 million in a new police custody suite to lock up more criminals.

Two remand prisoners became longer term residents of Northward after two major convictions and sentences made the headlines. Michael Levitt, who was described as a "sophisticated and calculating criminal", admitted seven counts of theft and related crimes in connection with more than 80 fraudulent transactions from the accounts of law firm Solomon Harris, where he was employed as the financial controller. The 57-year-old South African national stole over US$846,000 from the local legal firm and was handed a seven and a half year sentence.

Serial rapist Jeffery Barnes made the headlines again when he was given a full life sentence after being convicted of a second rape and the embargo on reporting his cases was lifted.

The head of the Department of Child and Family Services (DCFS) revealed that 971 households in Cayman were receiving some kind of permanent financial support. The agency also helped another 1,795 households with some form of service, from help with elderly relatives to paying one-off bills for families.

The new Cayman Islands governor arrived and announced that, like her predecessor, she intended to operate with a light touch but emphasised the mantra of good governance. Admitting she had a lot to learn and speaking directly to the people, the twelfth governor of the islands and the first woman in that role said she would “work tirelessly” to earn the people’s trust.

The final stretch of the Esterley Tibbetts Highway to West Bay opened as Dart continued in closed door talks with the new government. The Mastic trail won an international award and the World Cup passed through Cayman on its way to Brazil. 

OCTOBER: While September had kept the police busy enough, in October crime reached crisis point and dominated the headlines as cops dealt with three more murders and a string of robberies and muggings.

The killing of Earl Hart in Prospect and Anthony ‘Beenie’ Connor near Mango Tree shook an already fearful community as the level of crimes involving guns climbed to shocking heights. In a month in which the RCIPS started a recruitment drive, Police Commissioner David Baines reportedly cut his three week leave short to answer to Finance Committee, as MLAs called for him to take responsibility for what veteran PPM backbencher Anthony Eden described as "poor policing" and a failure to keep the people of Cayman safe.

Things got worse for the RCIPS as the police opened the fourth murder case of the year after the body of 35-year-old Patrick Leonard Williamson was found in a pond close to his home in Spruce Lane, off Courts Road. The police also lost a suspect after he dived into a raging ocean. Anthony White remains missing, although police say he is believed to have left the island.

The RCIPS did get some results to brag about in October when the Cold Case Unit laid charges in a 2008 killing. Chad Anglin, who is serving a five year sentence for indecent assault and wounding, and Leonard Antonio Ebanks, who is serving a life sentence for murder, were charged with the murder of Swiss Banker Frederick Bise, who was killed over five and a half years ago in West Bay.

Three out of four accused men were found guilty in the case of the WestStar TV offices robbery, which took place in May 2012. The men, some of whom were also involved in the CNB robbery, were handed hefty sentences. David Tomasa, who was considered the mastermind in both robberies, and Andre Burton were handed 14 year sentences. Ryan Edwards got 13 years, George Mignot, who was convictedin the bank case but not WestStar, got 12 years, and Rennie Cole was given nine years.

According to a leaked memo, which was sent by the Information and Communications Technology Authority’s director to local telecommunications firms, the Cayman authorities were making plans to widen their spying net and wire taps to include all kinds of electronic information.

The Foreign and Commonwealth Office gave the PPM government the nod for its budget, with a more than $100 million surplus. Despite a great deal of opposition and misunderstanding about changes to the immigration law, government steered through legislation removing the seven year term limit and allowing all ex-pat workers who stay in Cayman for eight years to apply for permanent residency.

However, Tara Rivers failed to show up to the LA for the critical debate, sending word that she was unwell and unable to attend. Veteran PPM backbencher Anthony Eden joined the opposition benches and voted ‘no’ to the government’s change due to his concern that more than 1,500 exemption permit holders were allowed to remain. Government promised to help locals find work ahead of the controversial changes and the decision to allow those term limit exemption permit holders to stay.

Pension issues hit the headlines again. Three years after completing a report on the appalling state of pension delinquency in the private sector, the complaints commissioner revealed that things had got worse. Nicola Williams said the number of delinquent bosses had increased by 70%, with tens of millions of dollars now missing from pension funds. Shortly afterwards, Employment Director Mario Ebanks revealed that delinquent pension bosses would be named and shamed, with the details of their alleged offences uploaded onto the National Pensions Office website.

Before the month was out Cabinet backed plans to move ahead with the development of two berthing piers in George Town, despite a number of questions regarding the business case and very real fears for the environment and in particular the future of Seven Mile Beach.

NOVEMBER: While crime remained a pressing concern and dominated the headlines, Cayman’s moves towards more transparency in the financial services industry were also at the forefront of the news stories in November. Mark Simmonds, the UK’s overseas territories minister, made his first visit to Cayman and said he was impressed by the new government’s budget plans. His visit came against the backdrop of CIG signing a Foreign Account Tax Compliance Act (FATCA) agreement with the US and a similar agreement with the UK. The government also began a consultation period on how the jurisdiction would tackle the issue of beneficial ownership disclosure.

Meanwhile, robberies muggings and burglaries continued and police opened the fifth murder case of the year when local businessman Perry Steven McLaughlin was allegedly killed by his girlfriend at his home in Little Cayman. In another shocking first, Little Cayman also fell victim to armed robbers when five masked men held up the mini-mart store in Blossom Village and stole the cash pan, ran off and boarded a ‘fast vessel’. The five men were quickly arrested off the coast of East End and all of them were later bailed but no charges have yet been brought in the case.

Things got worse for the RCIPS when one of their own went on trial accused of bribery. However, the case against Elvis Kelsey Ebanks was adjourned part way through when the judge was forced to discharge the jury because of a legal procedural issue. The case against three men charged with conspiring to rob the George Town branch of Scotiabank also collapsed part way through after the judge questioned the credibility of the crown’s only key witness and threw the case out.

Aat the prison the seizures of drugs and other contraband continued when officials turned up thirteen phones and chargers during various searches. Prison Director Neil Lavis said efforts to control drugs, booze and phones in the prison were being frustrated by members of the public who continued to try to smuggle items to inmates or throw them over the double-perimeter fences.

PricewaterhouseCoopers said the development of a cruise berthing facilities would cost around $100 million and it would take whoever develops the port 20 years for them to recoup their investment. Tourism Minister Moses Kirkconnell set out the plans for the project and made it clear the PPM government wanted to work with a consortium of cruise lines to avoid a monopoly and that it had campaigned on putting the dock in the capital.

Hopes that Cayman Enterprise City (CEC) would boost government coffers were dashed when documents revealed that the initiative has barely covered the costs of setting up and running of the Special Economic Zone’s authority. Billed as a potential new economic pillar for Cayman, there is still no sign of the promised campus and the predicted earnings for the public purse have failed to materialize.

As Cayman’s first information commissioner, Jennifer Dilbert, headed toward her retirement, she continued to expose dire shortcomings when it came to public authorities properly following the freedom of information law. Finding many procedural issues, she pointed to “appalling record keeping” by public authorities and agencies and raised concerns about the perception being created that government was deliberately hiding documents.

Local business man and architect and upright law abiding citizen Burns Connolly launched a campaign to lobby for the legalization of medicinal ganja. The Human Rights Commission warned that government needed to tackle the issue of mandatory life sentences before it was forced to adopt an inappropriate model for Cayman as the concept of whole life sentences runs contrary to Cayman’s own Bill of Rights.

The government made a decision to move the beginning of its fiscal year from 1 July to match the calendar year and to introduce multi-year budgeting, which will see an 18 month budget delivered at the end of this fiscal year followed by a two-year budget on 1 January 2016. The controversial Nation Building Fund (NBF) hit the headlines again when the government revealed that some students had received three and a half times the maximum scholarship given to students through the normal procedures. Some students related to key UDP members were revealed to have received annual grants of almost $70,000.

The Cayman Turtle Farm admitted that it should not be releasing its farmed turtles into the wild without putting the animals through a more vigorous quarantine and health screening process. As a result, despite having more than 8,000 turtles at the facility, the annual release, which the CTF highlights as part of its conservation credentials, did not go ahead in 2013.

DECEMBER: The last month of the year was dominated by the National Conservation Law and the polarization of those for and against. After a long debate and hours of wrangling at the committee stage, Environment Minister Wayne Panton made history when he finally steered the NCL through the Legislative Assembly with full support from across the floor.

There was little let-up on the crime front though, with more robberies and burglaries. The RCIPS Stay Alive road safety campaign recorded 32 road crashes in its first ten days. One man caused havoc at the peak of the tourist season ahead of the Christmas holidays with a Saturday evening bomb hoax

Nelson Mandela, the founding president of the new South Africa, died at his home aged 95. As the entire world mourned his passing, Cayman opened a condolence books on Grand Cayman and Cayman Brac.

Local attorney Anthony Akiwumi argued that the closure of the West Bay Road was an unconstitutional ‘fait accompli’ which gave the people of the Cayman Islands no right of appeal and lacked transparency when heopened the case for four West Bay ladies who filed a legal challenge to the closure. The plaintiffs are currently awaiting a decision by justice Alex Henderson in the case. 

Regardless of the new more cordial relationship with the UK, the Cayman Islands Government began a new fight with Britain over the future of Cayman-specific British passports and the ability of the local passport office to issue emergency passports, especially to those who are in need of overseas medical attention. Premier Alden McLaughlin said he had “some grave concerns” about the UK government’s plans to replace local, non-biometric variant passports in its territories with British biometric ones.

The United Democratic Party (UDP) came to an end in December, when party officials announced plans to ratify a change in its name at the party conference in the New Year. The new Cayman Islands Democratic Party (CDP) was registered under the Elections Law (2013 revision) as a political party to replace the UDP, which was formed in 2001 by the opposition leader and former premier, McKeeva Bush.

Christmas lunch was in question for many families when power outages across George Town and parts of Bodden Town disrupted preparations and the holiday festivities.

Meanwhile, despite extensive sea searches, authorities were unable to find a missing cruise ship passenger who is believed to have fallen overboard on New Year’s Eve some 13 miles off the coast of Grand Cayman as the ship approached George Town harbour.

There were no top royal gongs for Caymanians in the Queen’s New Year’s honours list, revealed on 31 December. However, despite a year dominated by rising crime, UK national David Baines, the police commissioner, was awarded an OBE for services to policing in the Cayman Islands.

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