Premier denies political interference
The police investigation into the importation of a
significant amount of explosives that was to be used for blasting excavation on
a quarry was caused by a paperwork oversight, according to correspondence from
the purchaser.
Midland Acres Ltd., which operates the quarry, wrote to
Cayman Islands Premier McKeeva Bush in his capacity as Finance Minister on 4
March, 2012, asking for assistance in getting a shipment of explosives released
from Customs. The shipment arrived on 28 February and was being held by Customs
pending the issuance of an importation permit by the National Roads Authority,
the government agency that oversees the importation of explosives.
In the letter to Mr. Bush, Midland Acres Director Suresh
Prasad explained that his company had a close working relationship with the
Precision Drilling and Blasting Service, a company in which Justin Wood is the
managing director. Mr. Prasad said that Midland Acres had recently discovered
difficulty in Precision Drilling and Blasting’s “capacity to produce quality
results from blasting a hard rock bed beyond 35 feet depth” and then explained
the problem with the importation of the explosives.
“In our haste to expedite blasting material to produce
quality aggregate for a large job order, we placed an order and received some
of the blasting materials directly and in doing so, regrettably and
unintentionally, omitted one step in the importation process.”
Mr. Prasad stated that his company believed the correct
process was to deal with Customs directly, but it subsequently learned it was
necessary to receive approval from the National Road Authority prior to
shipment.
“[We] have hence submitted the application, albeit late, to
the Authority from our licensed blasting company, Precision Drilling and
Blasting Services Ltd.”
The copy of a letter from Precision signed by Mr. Wood and
dated 15 January, 2012, to Midland Acres appears to confirm that arrangement.
“Further to our meeting and discussion, please accept this
letter as confirmation that Precision Drilling and Blasting Ltd. has agreed to
manage the blasting operations for Midland Acres Ltd,” the letter stated. “This
included the control of inventory and storage of all materials purchased by
Midland. Midland Acres would pay for all materials purchased directly, including
freight and duty and other ancillary costs.”
At some point, Mr. Wood filled out paperwork on behalf of
his company importing the explosives in question, which included: 100 electric
detonators; 2,560 nonelectric detonators; 2,000 pieces, or 480 pounds, of
nitromethane Kinepak liquid, a binary explosive that is mixed with another
explosive on site; 2,000 pieces, or 1,720 pounds, of ammonium nitrate Kinepak
solid, another binary explosive; and 60,141 pounds of an emulsion explosive.
The explosives were purchased from Florex Explosives, Inc,
in Cuddy, Pennsylvania.
On 10 February, before the explosives were shipped, Florex
wrote to Collector of Customs Carlon Powery with regard to a number of pieces
of leased equipment used in blasting that would be used at Midland Acres for a
project with an estimated length of two years. The letter stated that at the
end of the project, the equipment would be returned to Florex.
Florex also wrote to Midland Acres on 4 April 2012
confirming that the explosives were shipped in “a completely safe and secure
manner”.
“All hazardous materials in questions have been packed in
United Nations approved and tested packaging, transported inland within the
United States under specified [United States Department of Transportation] regulations,
accepted by the two international carriers [Cayman Airways and SeaFreight
Agencies] after approval by their individual specialists and finally
transported under [International Air Transport Association] and [International
Maritime Organization] regulations to the destination point.”
After having discussions with the National Road Authority’s
Edison Jackson on 29 February, Midland Acres wrote two letters, both signed by
Mr. Prasad, to the authority’s managing director, Brian Tomlinson. The first
letter confirmed that Justin Wood would be handling the blasting for Midland
Acres Ltd. The second letter advised that Mr. Wood had agreed to be the
magazine master responsible for managing – controlling and dispatching – the
logistics of all hazardous explosive materials for its blasting activities.
“Once again, please accept my deepest apologies for any
oversights and/or inconveniences created due to our actions preceding what was
determined during our discussion with Edison today as inaccurate legal advice.”
When the explosives were not released by the end of the
week, Mr. Prasad appealed to Mr. Bush for “consideration in an urgent matter”
with his letter of 4 March.
“Currently, the material is secured with Customs awaiting
instructions from the review of the application by the NRA,” he said. “We are
scheduled to meet with the managing director of the NRA to discuss the matter
on Monday morning and hopefully resolve all concerns. At present, we are
cognizant of the NRA’s role and respect their concern, yet we would ask any
discussion to also be mindful of the large investment of funds tied up in the
purchasing of these goods and each day delayed will further add to our cost and
the trickle down economic attributes to many previously unemployed local blue collar
workers.
“Thank you for your consideration and any assistance
possible.”
Premier Bush then wrote to Mr. Powery on 7 March, 2012 and
copied the correspondence to Mr. Tomlinson.
“By way of this memorandum, I request that the blasting
materials for Midland Acres, which are currently held by HM Customs, be
released (please see letter attached).” Mr. Bush wrote. “I would be grateful
for this request to be expedited as the company is desperately in need of the
materials to proceed with their ongoing projects.
“Thank you for your urgent attention to this matter.”
It is assumed the letter attached was the letter from
Midland Acres to Mr. Bush, but that could not be verified.
Last month, the Royal Cayman Islands Police Service
announced that Mr. Bush was involved in two additional police investigations
beyond the one announced last year. In addition to the other investigations,
the police said “allegations have been made in relation to the involvement of
the premier in the periphery of a recent incident where a quantity of
explosives were imported to the Cayman Islands without the necessary permit”.
Mr. Bush denied that his letter to Mr. Powery represented
political interference, only a request to expedite the matter so that the
project could continue.
“I have done nothing illegal in conducting business in an
official capacity,” Mr. Bush said Monday. “I have done nothing illegal in
conducting business in a personal capacity.”
Although Mr. Bush is facing calls for him resign from office
because of the investigations, he said he would not step down. He criticised
Leader of the Opposition Alden McLaughlin for his call for Caymanians to become
militant.
“This is no time for such excitement,” he said, urging
Caymanians to just wait for the outcome of the investigations.
“Let it run its course,” he said. “It’s not long from now.
It cannot be long from now.”
Contacted for comment, National Roads Authority Managing Director Brian Tomlinson said he really couldn’t say much.
“It’s in the hands of the police and that’s all I can really say,” he said.
Mr. Tomlinson did add that the Roads Authority had no intentions of trying to hinder the commercial activities of any business.
“Our only role is to protect the public and ensure
that these materials, which can be quite dangerous, are handled
properly,” he said.
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With the way how everyone was talking you would think that the Premier had done something underhanded. I am sure that if you look, every single politician in this country, including those in the PPM have written letters to various entities trying to assist companies and individuals.
Then again with the PPM’s penchant for not doing much, I doubt that they have ever tried to assist anyone.
What took them so long to get this story out to the public?!?
McKeeva needs to fire his PR people.
What a non-event!. This should have been a simple Customs hold for authorization.
If I had all that material held up, I would be looking for help at the highest level also. A simple report to the premiere by customs showing final action to his request would have satisfied.
I expect the police meant that the Premier was under investigation for trying to help do a sensible thing.
Also if the other two investigations are as flimsy the Premiere has a reason to vent.
Publically saying that he was involved in an investigation or illegally imported explosives can only mean one thing and that is they were trying to make him look bad as well as give his opponents more material to protest against him about and pit the people against one another. There are people in this world that are masters of divide and conquer. It’s strategy just like playing chess and few simply moves at the right moment can easily win the game.
Just look at the damage caused by this convenience leak of info to the public look how it fanned the flames already existing in Cayman when It doesn’t even sound to me like this was actually an investigation by the RCIPS
Simply regurgitating what has been repeated to him just leaves more questions in my mind.
Midland Acres quarry has been in operation for many years, so it seems a bit odd that they would experience an oversight in paperwork at this time. But closer reading leads me to believe that importation of explosives is restricted to licensed blasting companies and NOT the quarries themselves.
Midland Acres seems to be wiggling around the issue of why they would import explosives if they are not licensed to properly inventory, control, and use explosive material.
This is akin to me purchasing a printing press, paper, and supplies, and then asking the Compass to come publish a newspaper for me.
The answers published today just beg more questions.
Mac was just helping out one of his old friends and longstanding business partners. These guys have been close way back to the days when the Hyatt Regency / Britannia was the big game in town.
The problem is that instead of Mac writing to the NRA and asking them to expedite their review, he wrote to customs and told them to bend the rules. The man thinks he is above the law.
Aside for the political aspect of this, isn’t anyone at all concerned that Cayman Airways accepted and apparently air freighted some of the items listed by Florex, detonators, binary explosives and solid explosives? I cannot even carry a 5 oz tube of toothpaste on a plane.
I’m fairly certain KX carries airfreight on passenger flights. I’m not aware that they have dedicated freighter aircraft but I suppose they may charter.
I fly Cayman Airways when I can, but will probably choose another carrier for now until they clear up whether or not it is their policy to carry explosive materials on passenger flights regardless of whether they are packed to international standards. Or perhaps KX did not know what they were carrying given the paperwork oversight by Midland Acres?
I think a statement from Cayman Airways is in order now as well.
Right so let me get this straight, in an attempt to get the story straight, have the investigation wrapped up, and clear his name Mr Bush thought that best to do via the newspaper rather than at the Police station?
Re: ‘Keeping it private’s’ comment. In fairness, we should point out that, according to Mr. Bush, the police have not formally interviewed him in connection with any of these investigations referred to by the police commissioner.
Re The Press, I think that’s semantics the Police aren’t that hard to find.
The story leaves me with a lot of questions, the explosives law states that anyone who is not authorized in writing by the NRA to…buy or import explosives is guilty of a crime. Regardless of the circumstances, that lack of paperwork could be the crux of the issue. The Police aren’t there to interpret the law, the judges and prosecution are. Laws can be unjust, an arse or unworkable but they are the law until someone changes them, and you can’t pick and chose the ones you want to follow.
Editor’s note: To be sure, there’s a lot more to be learned about this whole situation. However, thanks to this article, we all know a lot more than we did before about it. Also, commenters should bear in mind, most of the quotes in the story come from direct source email correspondence; they are not statements made in an interview by anyone.
One would think that Mr Woods and Midland Acres would have worked out all the logistics after the so call January 2012 ageement.
One last question if what Mr. Prasad is saying about this arrangement is correct why wasn’t these explosive imported by Mr. Wood’s company in the first instance?
I wonder if anyone from the NRA board of which Mr. Wood is a member can substantiate this explaination, because honestly I’m not buying in to it.
He sent an email asking them expedite the process because it was effecting the company’s business, I don’t see anywhere where it says he asked them to usurp the process. How can this email be construed as a crime, I am sure the RCIPS is aware of this email or they wouldn’t have his name in it. And why are they trying to make it seem like he was the center of this so called investigation due to someone asking for help. They made it seem like he order a bomb.
The simple answer is to discredit him and throw fuel on an already existing flame.
People bent on bringing Bush down or those against him will put their own twist on the truth to make it look like he was doing something wrong. I’m sure his opponents are as we speak rethinking their strategy and planning their next chess move..
McCarron I think you may be of the same mind that I am. If we are to believe everything written then we have to accept as fact so details that do not pass the sniff test such as:
1. Justin Wood of Precision Drilling and Blasting did not have any access to or knowledge of 35-foot depth explosives so Suresh Prasad of Midland Acres found and ordered the correct explosives. Now remind me again which of those two gentlemen is the licensed Blaster?
2. Suresh Prasad has been ordering explosives for Midland Acres for all of the years that he has worked there, but this time he forgot that explosives have to be imported, transported, stored, handled, and used by someone with the proper license.
I can accept as fact that Justin Wood gave Suresh Prasad a letter dated 15 January 2012, but my theory would fall apart if the Compass or anyone else can get a sworn statement from Justin Wood saying the letter was actually written or or before that date. In fact, I doubt very much that he would say than in an unsworn statement or even just over the phone.
It is one thing to write a letter to help a friend but it is another thing completely to give a false statement to Customs or the Police. I believe this is where everything became unhinged and this is what the investigation is all about.
He already admitted he was helping out now he is claiming something else. Shouldn’t this be a question for a jury to decide? This is no error in judgment. We can’t afford this type of judgment of our leader and that is why we need to move forward. His brash statements and attacks on Her Majesty’s Representatives are over the top and we are horrified of the things he says and judgments he makes and to allow him to go on as our leader of state and all things government. He has become too divisive and a political liability. This must be addressed now because we can’t afford to wait any longer. Can we have some nation building and render unto our Premier to step aside, step down and step off the Island or just step out of our lives so we may repair the damage he has rendered to our country? We must finish with his style of rule before it finishes us. Take your choice?
Sam Putt Putt,
The article states that two modes of tranports were used in tranporting the items; sea freight and air cargo.
I would hope that the dentonaters came on the air cargo and the explosives themselves on the sea freight. You cannot even transport dry ice on airplanes any more due to a explosion risk so I highly doubt actual explosives would be allowed on a plane.
This all a bunch of hog wash that is neither here nor there. A simple expedition of duly processes was all that was done. How can asking someone to do their jobs quickly be construed as illegal. Many, many processes in Govt are way too slow. To bury my mother would have taken weeks if not for reaching out to govt connections to expedite the autopsy.
Funny how they made it sound like HE (McKeeva) was actually the person importing the explosives, but this is clearly not the case. He had nothing to do with the actual importation. Even worse was how everyone was ready to hang McKeeva in the court of public opinion without having ANY details regarding the investigation. How stupid the bashers must be feeling! Why would this even be an investigation? What, he was using his influence to speed up the bureaucratic wheels of government? What civil servant wouldn’t be guilty of that?
Reading through the comments to this story, now everyone thinks they are explosives experts and wants to advise how it should be transported, who should apply for what permits and why, bla, bla bla. Bugeach wants a jury to decide this case. What is the case exactly Bugeach? What charges would you bring forward? What ignorance! McKeeva’s name should have never been mentioned in this, anyone with half a brain knows it!
PPM are worse at dirty politics than they were at running the country, and that is bad! By my score, McKeeva 2, PPM 0. Can’t wait till the facts of the third mystery case comes out. So far McKeeva is slam dunking these guys!
AS usual the Premier will probably wiggle himself out of this one too, got to admit he is a master of manipulation for self interest, lucky if he doesn’t get a large sum money if these investigations don’t hold water! His day will come though, just my personal opinion!