Ousted members of Cayman’s top environmental body on Monday said they would fight their removal in the courts if needed.
Stuart Mailer and Patricia Bradley, removed from the National Conservation Council along with four others earlier this month, have written to the government to ask it to revoke its decision, saying it acted beyond its powers.
The letter to Cabinet Secretary Samuel Rose and Attorney General Samuel Bulgin claimed the decision was “the latest in a series of efforts by the current Cabinet to weaken the NCC’s ability to perform its statutory function of promoting conservation in the Cayman Islands”.
Mailer and Bradley were joined by Christine Rose-Smyth, who quit as NCC chairwoman in 2017 amid controversy over the national conservation law, and gave the government a deadline of Thursday to make a U-turn on its decision.
Kate McClymont, who is acting for the plaintiffs, issued a statement on their behalf, which said the NCC was “the only protection for the environment in this country, being all plant and animal life as well as our physical environment, on both land and sea”.
The group added, “It is a scientific body, not a political one, with sole responsibility for advising Cabinet and other government bodies on environmental matters.”
The three continued, “It is also of great concern that this move follows two failed attempts by this minority government to amend the National Conservation Act.
The letter said if the government did not revoke the “unlawful” decision by Thursday, the plaintiffs would ask for leave to apply for a judicial review of the decision and also request a hold on the dismissal of the six from the council.
The other ousted members were Lisa Hurlston-McKenzie, Pierre M. Foster, Lucille Seymour and Stephen Broadbelt.
Concern over possible retaliation
The letter alleged that the move was in retaliation after a series of rows over planning permission for controversial developments, such as a road in East End, which faced legal challenges from the NCC.
It highlighted that the NCC should have 13 members, some government officials, but with eight appointed by the Cabinet.
At least four of the Cabinet appointees should have “relevant scientific or technical expertise”.
Mailer is a veteran naturalist and professional birding guide, and Bradley is a published ornithologist who was awarded an MBE for her environmental work.
Rose-Smyth was the NCC’s first head and a member of the London-based Linnean Society, the world’s oldest active organisation devoted to natural history.
The letter added “The Cabinet did not give the six members any notice of its intention to remove them or the grounds on which it is intended to remove them and did not afford the six members any opportunity to make representations.
“The Cabinet did not provide any reasons for its decision. The Cabinet did not explain whether or on what basis it considered the replacement members to have any relevant scientific or technical expertise.”
Dwayne Seymour, the minister responsible for sustainability, said last week the changes were needed to “establish a better balance for the community on a whole and be seen to be fair for all.
“The [new] members bring a vast array of experience and expertise, as well as the vigour and passion necessary to serve the Cayman Islands in this capacity.”
The government has been asked for comment on the legal threat.
Related Videos
