ESTABLISHED 1965 www.caymancompass.com – 50 CENTS – Wednesday april 22, 2015 SportS | page 19 ross sWirls to title despite Wind Golf conditions were tough High of 89 Low of 74 Smooth to slight with wave heights less than 3 feet. editorial | page 4 ezzard Miller: in his oWn Words Development Bank has no cash for business loans JaMes Whittaker jwhittaker@pinnaclemedialtd.com The Cayman Islands Development Bank is currently un- able to offer loans to small busi- nesses, according to Commerce Minister Wayne Panton. Mr. Panton said the bank’s resources had been squan- dered in the past through bad decisions and compromised lending policies because of po- litical influence under the previous administration. Speaking to the Cayman Compass during the Small Business Expo on Saturday, he said it is not currently a viable option for the bank to offer busi- ness loans – the primary function of development banks in most jurisdictions. He said a new board had re- cently been appointed in an effort to get the bank back on track, but it would be a few years before the government had funds to con- sider investing in using the bank as a tool to stimulate small busi- ness growth. “Government does not cur- rently have the resources to make money available to recapitalize the bank to a level that would allow it to make credit available to small businesses,” he said. “At this point, small business loans are not possible.” Mr. Panton said the govern- ment was attempting to pro- vide incentives to small busi- ness by reducing licensing fees and providing support through the Department of Commerce and Investment. But he acknowledged that startup capital is the biggest stumbling block for a lot of young entrepreneurs. He said private equity firms and commercial banks are cur- rently the only option, though many small businesses use pri- vate savings or family money to Firearms, drugs seizures From travelers increase Brent Fuller bfuller@pinnaclemedialtd.com Thirty-nine arrests have been made by Her Majesty’s Customs service in the Cayman Islands since January 2014, mostly at Owen Roberts International Airport, for offenses such as carrying illegal drugs or firearms into the country. Of those arrests, 31 were made last year and eight were made in the first three months of 2015, according to customs officials. The increase, when compared to customs arrests in 2013 – just six for the entire year – is significant and is partly due to changes in enforcement strategy, according to Deputy Customs Collector Marlon Bodden. However, Mr. Bodden said the depart- ment is seeing many more instances of tour- ists bringing in firearms and drugs, with the former often being detected only when the visitors leave the islands. Mr. Bodden said between April 17, 2014 and Dec. 31, 2014, seven arrests were made by customs for firearms and ammunition pos- session. In the first three months of this year, there were two arrests for firearms and am- munition. Most of the arrests occurred at the airport, but at least two came about during customs searches of shipping containers. Several of the cases were detected when the travelers had completed their vacations and were going through the airport’s metal detector, which picked up the firearm or am- munition in their travel bags. Mr. Bodden said these individuals had apparently made it through U.S. airport security undetected Minister: New fuel storage terminal not high priority Brent Fuller bfuller@pinnaclemedialtd.com Plans revealed last year for a new fuel storage terminal in the East End dis- trict do not top the list of priorities for the Progressives-led government, Planning Minister Kurt Tibbetts indicated last week. “The government has a million other things to do and, if it happens, it happens and if it won’t, it won’t,” Mr. Tibbetts said. “I am not going to stop all the other things that I am able to do just to get this done.” A joint development agreement signed last year between the Cayman Islands gov- ernment and a Texas-based energy company had sought to eventually shutter Cayman’s current bulk fuel storage facility in South Sound and build a new one in East End, according to government records obtained under the Freedom of Information Law. The three-page memorandum, signed in April 2014, states that Cayman and Navasota Clean Energy LLC intend to “es- tablish a fully integrated development plan and structure such that they might attract one or more [fuel] terminal companies” that are interested in fuel supply and transship- ment operations. According to the agreement, the goals for the new storage facility include: Establishing a long-term fuel supply plan, providing revenue to government, cre- ating jobs, reducing the “fuel factor” costs on Caribbean Utilities Company bills Minister Panton The government has expressed concern several times about the current Jackson Point fuel terminal location in George Town. – Photo: taneos ramsay PLEASE TURN TO PAGE 9 » PLEASE TURN TO PAGE 10 » PLEASE TURN TO PAGE 9 »2 REGIONAL Wednesday april 22, 2015 • Cayman Compass www. REGmovies.com SATURDAY NIGHT: For your viewing pleasure, minors under the age of 18 will not be admitted to any lm starting after 6pm, unless accompanied by their parent. © Warner Bros. Pictures y x FURIOUS 7 3D (PG13) 12:45 I 1:30 2D I 3:45 I 4:30 2D 6:45 I 7:30 2D I 9:30 2D I 9:45 DESERT DANCER (PG13) 1:10 I 3:30 I 7:20 I 9:40 GET HARD (R) 1:15 I 7:10 PAUL BLART: MALL COP 2 (PG) 1:00 I 4:00 I 7:00 I 9:20 THE LONGEST RIDE (PG13) 3:40 | 9:50 HOME 3D (PG) 12:20 I 2:40 2D I 5:00 I 7:15 2D *Additional charges will apply per 3D ticket requested. WEDNESDAY $8.00 Date: Wednesday, 29 April 2015 Time: 12:45 PM - Registration 1:00 PM Venue: The Ritz-Carlton, Grand Cayman, Main Ballroom RSVP: https://aimacayman.formstack.com/forms/ aimacaymangaimopsluncheon2015 Attendance at the luncheon is FREE and is open to all AIMA Cayman members as well as GAIM delegates. Register early online. Seating will be limited to a “ rst come/ rst served” basis. FEATURED P ANELIST S JIRI KROL Deputy CEO and Head of Government & Regulatory Aff airs JACK INGLIS AIMA Global’s Chief Executive Offi cer The Fund Director’s Guide is an initiative of AIMA’s Sound Practices’ Committee. The 2015 revision of the Guide has been updated in light of the major new regulatory and tax developments and several new sections have been added. This luncheon is the rst opportunity to learn more about the Guide in its new form. 700 firms examined for money laundering MIAMI (AP) — U.S. investi- gators are targeting 700 busi- nesses in the Miami area for enhanced scrutiny to de- tect trade-based money laun- dering schemes involving Latin American criminal or- ganizations, authorities an- nounced Tuesday. U.S. Immigration and Customs Enforcement is fo- cusing on electronics ex- porters, including those in the cellphone business, in five areas near Miami International Airport. The companies will be required to file Treasury Department forms for transactions over $3,000 rather than the cur- rent $10,000 threshold. Companies will also be required to identify people involved in the transac- tions, focusing especially on third parties who put up the money to complete the deals. US-Cuba ties challenge pro ballplayers SCOTTSDALE, Ariz. (AP) — Yasmany Tomas had three choices to continue his base- ball career: stay in Cuba and make up to $2,500 a month, play in Japan with a shot at a million dollar contract, or give up family and life in the island on hopes of hitting the jackpot in the major leagues. The 24-year-old Cuban slugger opted for life in the U.S., and all the changes that come with it, signing with the Arizona Diamondbacks for $68.5 million for six seasons. For Tomas and dozens of Cubans arriving in the ma- jors, even simple moments can be daunting adjustments. Learning English. Interacting with fans. Finding their way in a new country. Dealing with dual pressures of pro sports and being away from family for the first time. And since the U.S. and Cuba began 2015 with steps to improve rocky relations, players and their families now navigate those choices and life changes through un- charted political waters. “I would love to be there in the stands when he starts to play, to give him the sup- port we’ve always given him,” said Tomas’s mother, Melba Rosa Bacallao, holding back tears as she sifted through an album with pictures of her son from her two-bed- room house in Havana. There were 74 Cubans on major or minor league ros- ters on opening day, 11 more than last year and more than double the 29 in 2008. Most developed in state-run acad- emies where kids breathe baseball from an early age. Baseball’s lure has rip- pled through Cuba, where at- titudes toward the U.S. have softened in the last few years as the island adapts to so- cial, political and economic changes. President Barack Obama met recently with Cuban president Raul Castro, and the island will be taken off the list of state sponsors of terrorism. Players in Cuba talk openly about wanting to play in the United States, com- menting in ways that used to be considered sinful by au- thorities who severely pun- ished big league dreams. Officials have also discussed playing spring training games on the island, MLB Commissioner Rob Manfred said. And through deals in other countries not limited by the U.S. embargo, Cuba has shown signs it is willing to let players enter baseball’s free market. Leaving isn’t always as difficult and dramatic as it used to be. Teen sensa- tion Yoan Moncada, who in March agreed to a record $31.5 million signing bonus with the Boston Red Sox, left Cuba last year thanks to 2013 laws that allow citizens to travel abroad without an exit visa. No midnight speedboat to Mexico, no shady smug- glers. He asked for and was granted release, established residency in Guatemala, then worked out for MLB clubs. Ballplayers released by the federation can travel else- where legally, said Antonio Diaz, a spokesman for Cuba’s baseball federation. Moncada “was discharged because he was of no interest to the na- tional team,” he said. But, in accordance with the embargo, those hoping to play in the U.S. must sign an affidavit that says they won’t return to Cuba. Face-to-face contact with family becomes tough. Cuban law allows defectors to re- visit eight years after de- parting, which former MLB players Jose Contreras and Rey Ordonez utilized two years ago. But U.S. immigra- tion and strict tourist reg- ulations regarding Cuba haven’t changed.3 LOCAL NEWS Cayman Compass • Wednesday april 22, 2015 EARTH DAY Many of us are not aware of the myriad ways we’re harming the Cayman Islands environment through our everyday habits. The easiest way to break bad habits is to replace them with good ones. Helping turn the tide toward a greener Cayman requires that we think about our own behaviours. Model green behaviour, and you’ll be surprised at how many people follow you. You will never know how simple living green is unless you try. THAT’S CAYMANKIND www.caymanislands.ky It’s our turn to lead 2015 Abduction sentence reduced to 8 years CAROL WINKER cwinker@pinnaclemedialtd.com Court of Appeal judges on Monday reduced the sen- tence of a man serving a 10- year jail term for abduction to eight years. Sywell Allen Kelly’s sen- tence had been imposed fol- lowing a judge-alone trial in 2011, in which he was found guilty of the March 2010 ab- duction of a man who was held for US$500,000 ransom but who escaped a day after he was abducted. Kelly’s attorney, Laurence Aiolfi, advised the Court of Appeal that as a result of the sentence being reduced to eight years, Kelly will have served his time in July this year. A prisoner’s sentence can be reduced by one-third for good behavior, according to the Prisons Law. Kelly and Charles Felix Webster were arrested soon after the offense occurred and kept in custody. After finding them guilty, Justice Karl Harrison said their penalty had to be heavy because these offenses were foreign to Cayman and could not be allowed to spread and cause anx- iety. The case was consid- ered to be the first of its kind in Cayman. Two other men were also charged. The man consid- ered to be the mastermind fled the jurisdiction, while the fourth man assisted po- lice and gave evidence in the trial of Webster and Kelly. He received a sen- tence of five years. Webster appealed in 2013 and the court reduced his sentence from 10 years to eight. The Court of Appeal at the time said it would not have disturbed the 10-year sentence except for the dis- parity between that term and the five years given to the fourth man. Five years suggested a starting point of eight years and the court saw no reason to have a higher starting point for Webster, who was considered a “foot soldier” in the scheme. The grounds for Kelly’s appeal were the same as in Webster’s appeal. Crown Counsel Tanya Lobban agreed that Webster and Kelly had been sen- tenced on the same basis and there was nothing to distinguish them. Court president Sir John Chadwick consulted with Justices Elliot Mottley and Sir George Newman, then announced that Kelly’s sen- tence should be in line with Webster’s and the appeal would be allowed. The sentences for abduc- tion and wrongful confine- ment were reduced from 10 years to eight. The sen- tence for blackmail was re- duced from six years to four and a half, all to run con- currently. Lesser sentences for assault, robbery and threatening violence in the course of the incident were not considered. Cayman author presents in NYC ChARLEs DuNCAN cduncan@pinnaclemedialtd.com A collection of essays about raising six kids in the foothills of Alberta, Canada, compiled in a book to raise money for literacy in Cayman, will be shared this week by the author at a gal- lery in New York City. Faye Lippitt, author of “Sixteen Chickens on a Trampoline,” will be featured Thursday night at the Leonard Tourney Gallery, just off Madison Avenue near Central Park, along with artist Christel Ibsen for a Cayman-centric evening. Ms. Ibsen, who splits her time between New York, France and Cayman, has an ex- hibit at the gallery this month and invited Ms. Lippitt to launch her book in the United States on the evening. Ms. Lippitt said the col- lection of essays is meant, in a way, as a how-to book for parenting. “It’s how to raise children with laughter in- stead of anger,” she said in a recent interview. As a parent “you can yell, you can cry, but you always have a choice.” The essays, originally published by Canadian mag- azine Grainews, which fo- cuses on farm life, chron- icle Ms. Lippitt’s adventures raising six children, including two sets of twins, just south of Calgary. They’ve grown up – ranging in age from 24 to 33 – and now Ms. Lippett has grandchildren to laugh and play with. The gallery event is meant to be something of a throw- back to a Parisian salon, Ms. Lippitt said, with more dis- cussion than presentation, and collaboration between the visual and written arts. Proceeds from sales of the book go to support Rotary Sunrise’s Literacy is for Everyone program, which runs several programs to help teach reading in Cayman. The orga- nization’s efforts assist anyone from Year 1 students to adults. “If we can get the kids to be literate and stay in school, we will have fewer teen pregnancies, fewer gangs, and more employ- able Caymanians,” said Ms. Lippitt, who serves on the ex- ecutive team for Rotary’s lit- eracy program. The organization, better known by its acronym LIFE, works in schools to pair vol- unteers and retired teachers with students for individual reading time and helps par- ents learn to read to their chil- dren. It also runs a program for older students and adults using software to help with basic reading and math skills. Ms. Lippitt said the pro- gram is meant to intervene with younger students before they fall behind. Some stu- dents, she pointed out, “can get to high school with grade 3 reading.” “Sixteen Chickens on a Trampoline” is for sale at Books & Books, The Book Nook, Foster’s Airport and Foster’s Strand. Faye Lippit will share stories from her book Thursday night at a gallery in New York City. Proceeds from sales of the book go to support Rotary Sunrise’s Literacy is for Everyone program.The islands’ most-trusted news source 4 – EDITORIAL – Opinion&Letters The Cayman Compass welcomes comments, opinions and viewpoints from readers. Letters to the editor can be emailed to editor@pinnaclemedialtd.com, submitted via www.caymancompass.com, sent by post or hand-delivered to the Compass office. The first casualty of North Side MLA Ezzard Miller’s oratorical “revolution” is Mr. Miller’s reputation as a credible leader in the Cayman Islands. The counteroffensive to Mr. Miller’s initial salvo has been overwhelming, arriving in the form of near- universal condemnation by Cayman’s political and business establishment of his remarks, which refer- enced “bloodshed” if Cayman immigration policies are not changed to the further benefit of Caymanians. Now on the defensive, Mr. Miller rushed to the friendly confines of talk radio, where he attempted to deploy the oldest and most predictable strategy in the playbook of any politician who suddenly finds himself entrapped in his own words or behavior: deflect, deny and obfuscate. That must not be allowed to happen. Mr. Miller has claimed that the Compass’s reporting was inaccu- rate and took his quotes out of context. That direc- tion offers no avenue of escape for Mr. Miller. We have double-checked the audio of Mr. Miller’s speech in the Legislative Assembly, confirming the accuracy of our original reporting. For the record, here’s exactly what Mr. Miller said: “Madam Speaker, I’ve said on the floor of this assembly several times, revolutions are not caused in countries by poor disadvantaged people. They are the people that are used. It is them kind of unemployed, education people that are going to cause the revolu- tion in this country. We have two options being pre- sented to us on a daily basis throughout this country. People are asking for a Martin Luther King to come out and get us a part of the pie that we used to have, get it back for us. “There are others who are asking with a Malcolm X attitude. ‘We want a part, we must have a part and if we can’t get a part we’re going to destroy it.’ The latter is becoming far more popular than the former because the young people, the families they have tried everything in the former of trying to negotiate to be a part of.” ... “One commodity in a capitalist market, free society, that has no value is qualified Caymanian labor. Why? Because we allow the route of the work permits.” ... “We need to do something about it urgently. I believe one way of doing that is allowing them to be able to see what’s available.” ... “I going to probably be in front with them in leading the revolution. They’re not going to be leading it against me, I going to be with them. Because it has to come. Madam Speaker, the Bahamas made their adjustment in the ’70s, you know. They made it early enough that they had no bloodshed. We don’t have too many moons here to make the adjustment locally and put Caymanians back in charge. We had an opportu- nity in December when we passed the new business licensing law. Never changed nothing.” ... “If we don’t do it soon, we not going to do it without bloodshed. Because people are getting fed up.” In regard to the broader context of Mr. Miller’s remarks, that is entirely irrelevant. Why Mr. Miller said what he did is a separate matter from what he actually said. Suggesting amendments to immigra- tion policy to promote the employment of Caymanians (something the Editorial Board of the Compass might agree with) is a far cry from his remarks warning of possible “revolution” and “bloodshed.” On yesterday’s Rooster talk radio show, Mr. Miller issued another chilling statement: “All I have to say to the Compass and the Editor is that they have been warned.” Mr. Miller has yet to repudiate, disavow or apolo- gize for his reckless remarks on the floor of the House. It now falls to more responsible voices in the Cayman Islands to do so – if not on his behalf, then on behalf of the good reputation of the Cayman Islands. Ezzard Miller: In his own words Wednesday apriL 22, 2015 • Cayman COmpass Cayman’s inadequate immigration service If you had built a very nice store with many attrac- tive items for sale, but then made your customers wait more than an hour at the ca- shier to purchase, how long before competitors would drive you out of business? Now, think of Cayman as the nice store; the hotels, restau- rants, and the various tourist attractions as the attractive products for sale; and the Cayman immigration “ser- vice” at the airport as the ca- shier in the store where you have to wait an hour in line. On Sunday, April 12, I and two of my colleagues on the editorial board of the Cayman Financial Review arrived at the airport to find the line for immigra- tion winding outside of the building in the midday heat. It literally took us longer to get from the airplane, then through immigration and customs, and to the taxi than it did for us to fly from Miami – well over an hour. We learned that this was not a rare occurrence but an increasingly common one at the airport. A number of people were understandably upset having to stand in a hot line for an excessively long period of time, some of whom were elderly and/or infirm and in obvious phys- ical discomfort. Some made comments like, “I am never coming to Cayman again.” Their treatment by the gov- ernment officials responsible for the situation can only be labeled as irresponsible, cruel, and stupid given that Cayman depends on the goodwill of foreign tourists and investors for its economic vitality. There is also no excuse for such excessive lines since the government knows precisely how many planes are arriving at what times and how many passengers they are carrying; thus, how many immigration and customs agents it takes to handle such numbers in a speedy fashion. Instead, at times, only three agents were in their booths to process the visitors, while most of the booths remained empty. Some agents would leave “to go on break” while the lines of people wanting to spend money in Cayman, some again who were in physical distress, were left standing. Cayman competes with many jurisdictions around the world for tourists and investors, and if visitors are poorly treated, they will go elsewhere. Cayman has a first-world economy with a third-world immigration service. Many countries are able, and have it as a policy (a 10-minute rule) to make sure that all visitors are very quickly admitted. Some Caymanians correctly note that lines in the U.S. are often very long – but pointing to a bad example is no excuse for Cayman, because the U.S. is not its competition. What should be done? Immediately, the managers of the immigration service need to make sure that they are fully staffed to handle peak loads. Immigration agents should be instructed not to take breaks as long as people are still waiting in line. (They can be given longer breaks when there are periods of few flights and/or payments for overtime.) Over the next couple months, state-of-the-art tech- nology should be employed so that most visitors and res- idents returning would not have to stop at the immigra- tion booths at all. The air- lines already have the pass- port information of everyone on the planes that come into Cayman and that is easily fed to the Cayman authorities. Before the planes land, the immigration agents should have looked over the incoming passenger lists to see if there is anyone they think they need to question further, and merely ask them to step aside as all of the others merely proceed on to customs. The U.S. already has the TSA pre-check and Global Entry programs, which allow non-suspicious travelers who have agreed to record and fingerprint checks to pass through most security very quickly. When I returned to Miami on Tuesday evening, I did not have a discussion with any immigration or cus- toms agent. I only needed a couple of minutes to verify at a machine that I was the same person that was listed on the computer flight man- ifest, and attest that I was not bringing in goods above the allowance. From the time I left the plane until I was in a taxi was no more than 15 minutes, even with the long walks. Cayman ought to im- mediately integrate itself into the U.S. system for U.S. visi- tors, and then institute a sim- ilar one for its own residents. To the extent the govern- ment wants statistical informa- tion about where visitors are staying and the purpose of their trip, cards can be handed out on the plane, with the request that the passengers put them in a bin upon entry. Cayman ought to go from being one of the least friendly entry jurisdictions to the most user friendly – in the next three months. The technology and the informa- tion are available. The costs of these changes are tiny compared to the costs to the tourist and investment indus- tries of the present system. Richard W. Rahn, a senior fellow at the Cato Institute and chairman of the Institute for Global Economic Growth, is on the Editorial Board of Cayman Financial Review. RichaRd W. Rahn Printed and Published by: Caymanian Compass Limited (a subsidiary of Pinnacle Media Ltd) Compass Centre Shedden Road, George Town send us yOur VieWs Or neWs: P.O. Box 1365 Grand Cayman KY1-1108, Cayman Islands Telephone: (345) 815-0095 Email: newsdesk@pinnaclemedialtd.com adVertise With us: Telephone: (345) 949-5111 Email: sales@pinnaclemedialtd.com Website: www.caymancompass.com PUBLISHERS daVid r. legge and Vicki l. legge EdITOR-In-CHIEf daVid r. legge A MEMBER OF THE INTER-AMERICAN PRESS ASSOCIATION “Give light and the people will find their own way”5 LOCAL NEWS Cayman Compass • Wednesday april 22, 2015 Chamber Pension: IT’S ABOUT RESULTS PENSION IS ABOUT MORE THAN JUST MANAGING MONEY. Chamber Pension: IT’S ABOUT IT’S ABOUT RESULTSRESULTS PENSION IS ABOUT MORE THAN JUST MANAGING MONEY. • Quality diversified, balanced, investment portfolio • Run solely to benefit members • Keeping you up to date • Solutions for every life stage • Local knowledge & international expertise • Help when you need it • Expert advice • Low fees Chamber Pension Plan Hotline 345-745-7630 P.O. Box 609 • Grand Cayman KY1-1107 • Cayman Islands admin@pensions.ky • www.chamberpension.ky • /ChamberPensionPlan Visit our website for our latest investment returns Strong returns means more peace of mind. Murder sentence appeal rejected Carol Winker cwinker@pinnaclemedialtd.com Court of Appeal presi- dent Sir John Chadwick told convicted murderer Tareek Ricardo Ricketts on Monday that his appeal against a sentence of imprisonment for life must fail “as the law now stands.” Ricketts, charged with murdering Jackson Rainford on the night of Dec. 16 2012, was found guilty by a Grand Court jury in August 2013. He was 22 at the time. The trial judge sentenced him to the only penalty allowed by law – imprisonment for life. At present, the only mechanism for anyone serving a life sentence to be released is for the gov- ernor to intervene, using her powers under the Prisons Law. In October 2014, Cayman’s legislators passed a law re- quiring the sentencing Grand Court judge in a murder case to specify the number of years a prisoner would have to serve before being eligible for release. The minimum tariff would be 30 years un- less there were exceptional circumstances. Known as the Conditional Release Law, it received the governor’s assent in November and was gazetted in December. However, as of April 7, 2015, it was not yet in force. The law itself states that it “shall come into force on such date as the Cabinet may by Order appoint and different dates may be ap- pointed for different provi- sions of this Law.” Until then, the Penal Code is the law in force and it has only the one manda- tory punishment for murder. Justice Elliot Mottley raised another problem. He pointed to the Court of Appeal Law. The powers it gives to the three-judge panel includes hearing ap- peals by a convicted person against the sentence passed on his conviction “unless the sentence is one fixed by law.” The sentence for murder is fixed by law and so the Court of Appeal cannot deal with it, Justice Mottley indicated. Sir George Newman, the newest member of the court, asked what was in the tariff law. He told Ricketts, “You won’t be deprived of a remedy. You may not need access here unless it all goes wrong in the Grand Court.” In announcing his court’s decision, Justice Chadwick said it was ex- pected that the law per- taining to sentences for murder may be changed and there will be some tariff in place likely to apply to those serving life. If that is so, Ricketts may be expected to get the ben- efit of whatever change in the law there is, but he could not seek the assis- tance of the Court of Appeal if there is no appeal against conviction. His appeal against sentence, as the law now stands, must fail, the president said. If the law changes, there will be no need for an appeal against sentence, he pointed out. The law will provide for what is to happen in case of past convictions. If the law does not change, an appeal against sentence for murder will be bound to fail be- cause the Court of Appeal is prevented from interfering, he concluded. The full title of the Conditional Release Law gives some clue as to why it has not yet come into effect: It is formally “A Law to Provide for the Creation of a Conditional Release Board Charged with the Duty of Making Decisions Regarding Conditional Release of Prisoners on Licence; Provide for the Post-release Supervision of Prisoners Released on Licence and for Revocation of Licences; for Incidental and Connected Purposes.” Regarding life sentences, the law states that the court shall specify the period of incarceration the prisoner shall serve before the pris- oner is eligible to be con- sidered for conditional re- lease on license, the period being such as the court con- siders appropriate to satisfy requirements of retribu- tion, deterrence and reha- bilitation. But for murder, the period shall be 30 years before the prisoner is eli- gible for conditional release unless there are extenu- ating circumstances, excep- tional in nature, in which case the court may impose a lower period of incarcera- tion; or aggravating circum- stances, exceptional in na- ture, in which case the court may impose a longer period of incarceration. The law also provides the process by which prisoners serving a life sentence can be considered for a specific sentence. Within 24 months after the entry into force of this law, the Director of Public Prosecutions shall send to the Grand Court the case records of all prisoners serving life sentences and the Grand Court shall pro- nounce in open court a pe- riod of incarceration for each prisoner. The judge would ex- ercise the powers referred to in the paragraph above. Excluded from this pro- vision are prisoners whose applications for release on license are pending under the Prison Law. A prisoner who is dissatisfied with a decision made under these provisions would have a right of appeal in the same manner as a person being sentenced for the first time. The [Conditional Release] law itself states that it “shall come into force on such date as the Cabinet may by Order appoint and different dates may be appointed for different provisions of this Law.” Shot fired in robbery attempt Would-be robbers in Prospect fired a gun while running from the scene of an attempted holdup Monday night, police say. Two masked men with a gun approached a couple returning home at about 10:15 p.m. on Bamboo Street. The woman ran inside and her husband took a swing at the men, according to a statement from the Royal Cayman Islands Police Service. The two men ran off down the short residen- tial street, firing one shot as they fled. No one was hurt and nothing was stolen in the incident, said RCIPS Superintendent Adrian Seales. The two men wore black hoodies. One was about 5 feet, 11 inches tall. The other was ap- proximately 5 feet, 2 inches tall and wore black gloves and a white cloth over his face. Anyone with information is asked to call detectives at the George Town Police Station at 949-4222 or Cayman Crime Stoppers at 800-8477.6 LOCAL NEWS Wednesday april 22, 2015 • Cayman Compass Hell gets a makeover Charles DunCan cduncan@pinnaclemedialtd.com Hell is undergoing a face- lift, with a new paint job, up- dated bathrooms and a re- paved parking lot. Work is wrapping up on the West Bay tourist site, with extended ramps for handi- capped visitors, new land- scaping and benches. The dark limestone out- cropping is one of Cayman’s most popular tourist attrac- tion on dry ground. Gilbert Connolly, CEO of the Tourism Attraction Board, estimates that 100,000 tourists visited Hell last year. “The new-look Hell site demonstrates TAB’s strategic commitment to ensuring a special and memorable expe- rience for our visitors to this and all other attractions that we manage,” he said. A major portion of the work was on the parking lot, with new paving, markings and a smaller traffic island to help with traffic flow and make it easier for buses to drop off visitors. Mr. Connolly said the reno- vations began in February and cost $16,466 for the site. The Public Works Department did most of the repair work. New signs for the site are on order. Tourism Attraction Board chair Carla Reid said the newly appointed board made the Hell renovations a priority. “The board fully supports all efforts to showcase and promote our natural and cul- tural attractions to the ever- growing numbers of cruise and stay-over visitors who choose the Cayman Islands as their vacation spot,” she said in a statement released by the board. “We were pleased to work with … other agencies to complete these much-needed improvements to Hell.” The Tourism Attraction Board manages Hell, the Queen Elizabeth II Botanic Park, Pedro St. James Castle, Cayman Craft Market and Pirates Week National Festival. Renovations at Hell mean updated bathrooms, parking lot and a new coat of paint for the popular tourist site. - PHOTO: TANEOS RAMSAY CAYMAN MARkS VACCiNATiON WEEk The Public Health Department is urging par- ents to get their children vaccinated as Cayman joins other jurisdictions across the Americas in marking the 13th annual Vaccination Week. Cayman has a child vacci- nation rate of 95 percent for most vaccines. That’s a high rate, but nurse and immuni- zation program coordinator Angela Graham said, “There are still some children who do not complete their vac- cine schedule, thus leaving them at risk.” The Public Health Department will host spe- cial clinics next week so chil- dren can get up to date with their vaccinations. The childhood immuniza- tion schedule recommends vaccines against 15 diseases at set times between birth and age 15. Parents should contact their pediatrician or local Health Services Authority health center to make sure their children are up to date with vaccines. Public health workers will host special vaccine clinics for children on a first-come, first-served basis. They will be at the Cayman Islands Hospital’s public health clinic on Wednesday and Friday, April 29 and May 1, from 2 p.m. to 4 p.m.; West Bay Health Centre on Friday, May 1, from 8:30 a.m. to 1 p.m.; and Bodden Town Health Centre on Friday and Saturday, May 1 and 2, from 2 p.m. to 4 p.m.The islands’ most-trusted news source 7 Cayman Compass • Wednesday april 22, 2015 8 LOCAL NEWS Wednesday april 22, 2015 • Cayman Compass We Buy Gold!We Buy Gold! Cash For Gold Silver, Coins and Broken Jewelry Cash Paid on the Spot! Call 927-8565 Cash For Gold • Shedden Road Relationship Counseling by Joan Summers 25 years experience in counseling broken relationships. Help to repair marriages, boyfriend and girlfriend issues, family troubles and emotional problems. Help with stress related problems. Call for free consultation. 305 290 0888 Enrollment is now open at Wesleyan Christian Academy for the 2015-16 School term. OPEN HOUSE IS THURSDAY, 23rd April, 5:00 - 8:00 pm. Meet Administration & Staff, tour the school and enjoy refreshments. Available spots are quickly being reserved, so register your child now! 5% Discount on 1st month to all new students who register before 24th April. Inquest mirrors previous ‘open’ verdict in hanging Tad SToner tstoner@pinnaclemedialtd.com A seven-member jury on Monday afternoon deliv- ered an open verdict in the 2012 death of Lija Godenzi, leaving unanswered ques- tions about the apparent hanging and subsequent investigation. After a six-day hearing, Acting Magistrate Angelyn Hernandez heard the panel’s ruling following a four-hour deliberation. The 4-3 verdict reaf- firms a conclusion at a sim- ilar inquest in November 2013 which generated both a “cold case” investigation and a demand for a new hearing by Ms. Godenzi’s widower, Maples and Calder partner Andreas Haug, who feared damage to his reputation. After Monday’s judge- ment, both Mr. Haug and Ms. Godenzi’s brother Lance, who attended both in- quests, said the verdict was a surprise. Speaking from his Hawaii home, Mr. Godenzi said, “Lija’s family wishes to thank her many friends who gave testimony at this new inquest. “We see the verdict handed down by the jury as a fair and just outcome,” he said, hoping it might clear a path for family visits and legal reforms allowing “ex- patriate wives to travel freely back to their home countries with their children after a marriage breakdown, without compromising the husband’s rights. Such re- forms would help protect women like Lija at a time when they find themselves desperately alone and thou- sands of miles from the sup- port of family and friends.” Mr. Haug, speaking through counsel David McGrath, thanked Ms. Hernandez and the police for helping “finally draw this matter to a close.” “The RCIPS, forensic and medical evidence categori- cally concluded that Lija’s death was self-inflicted. Unfortunately, we will never know whether she truly in- tended to take her own life,” he said. He acknowledged that the verdict was similar to the previous ruling: “An open verdict is not uncommon in cases such as this, as a jury must be certain that a person intended to end their life in order to reach a ver- dict of suicide .... “I am very relieved for all involved,” he said, fin- ishing with a plea for pri- vacy “as we all try to move forward and heal following this tragic event in our lives.” In April 2012, police and Fire Service officers found Ms. Godenzi, 43, suspended from a blue knitted polyester rope thrown over the edge of a 7-foot bedroom door in her Old Crewe Road apartment. The initial police con- clusion was suicide, sup- ported by pathologist Shravana Jyoti, who pegged the death to asphyxia due to hanging, reporting no signs of struggle, injuries or frac- tures, no defensive wounds, scratch abrasions or finger- nail marks on her neck. However, the court heard that the police investiga- tion left unanswered ques- tions about the death, in- cluding a missing laptop and the origin of the rope used in the hanging, while investigators had never dusted the two-bedroom home for fingerprints or fo- rensically examined her two iPhones. Investigators also appeared not to be aware of Ms. Godenzi’s pending di- vorce from Mr. Haug and a custody battle. A pregnancy and subse- quent termination in Miami contributed to her difficul- ties, the jurors heard. Police launched a new probe of the death within weeks of the 2013 verdict. Following a January 2014 judicial review of the con- clusion and with the com- pletion of the cold-case in- vestigation, Justice Seymour Panton in early December or- dered a new inquest. Last week, witnesses tes- tified to Ms. Godenzi’s condi- tion, while Acting Magistrate Hernandez read aloud an- other 10 affidavits. Mr. Haug described his concerns for his estranged wife’s emo- tional state, and doctors re- counted her intermittent efforts at counseling and medication, calling “not sig- nificant” traces of prescrip- tion drugs and marijuana in her system. Lance Godenzi also ap- peared, disputing claims she had the competence to tie the particular knot in the rope around her neck. RCIPS Detective Inspector Dennis Walkington, who led the cold case probe, said last week no one could have ex- ited the bedroom at the time of Ms. Godenzi’s death, citing sliding doors locked from the inside, the position of the body, an upended chair, her right foot and her arm, resting on the doorknob. “Lija Godenzi committed suicide by hanging,” he told the jury. In her Monday sum- mation, Acting Magistrate Hernandez recounted a note in Ms. Godenzi’s hand- writing reading “Just do it,” and four texts written to her personal psychic less than a week before her death: “I need to die,” “I need to die in a big accident,” “Soon,” “Everything is bad.” She also recounted, how- ever, that Ms. Godenzi had booked a nine-day April trip – encouraged by Mr. Haug and her doctors – to visit family and friends. Handing the case to the jury, Ms. Hernandez said sui- cide was legally defined as a specific intent to destroy one’s life while conscious of what one was doing, and that the deceased must have intended the consequences. A suicide verdict meant Ms. Godenzi had performed a “deliberate act,” the con- sequences of which she in- tended to be her own death. The evidence, Ms. Hernandez said, had to be “unambig- uous” and “beyond a reason- able doubt,” although she ac- knowledged that “assessing intent is difficult.” However, she said, “if the evidence is not con- clusive, you can return an ‘open’ verdict, suggesting the means or cause of death is not apparent.” Detective Inspector Walkington observed the verdict was not unanimous, but that “a jury is entitled to deliver their verdict; it’s what they are there for.” He acknowledged that it left open the question of Ms. Godenzi’s death, but “the po- lice are not pursuing any ac- tive inquiries.” “We see the verdict handed down by the jury as a fair and just outcome.” Lance Godenzi, brother of Lija Lija Godenzi Coroner’s juries get more options ‘Unlawful death’ verdicts now possible BrenT Fuller bfuller@pinnaclemedialtd.com Cayman Islands coro- ner’s juries will soon be given a wider berth in ruling on the deaths of in- dividuals, including the op- tion to determine a death “unlawful” – even if police have not done so. The changes come in amendments to the Coroners Law approved by Legislative Assembly mem- bers last week. confusion In explaining the changes, Attorney General Sam Bulgin noted that there has been some confu- sion, dating back to amend- ments made to the Coroners Law in the early 1990s, over what verdicts a coro- ner’s jury could pronounce. “As it is, there are dif- ferent opinions as to whether a verdict of un- lawful death can be cur- rently returned under this law and, in order to resolve this issue, the Grand Court rules committee has sug- gested an amendment to clarify the types of verdicts that can be returned,” Mr. Bulgin said. The amendments re- quire coroner’s juries to state only the name and description of the person who has died, when the death occurred, and “the cause and circumstances of the death.” ‘[This] wording will permit a wider range of verdicts than those which currently exist,” Mr. Bulgin said. Under the Coroners Law [1995 Revision], juries are much more restricted in pronouncing verdicts. Their determination of the cause of a person’s death is lim- ited to have been by nat- ural causes, by misadven- ture, or by suicide. According to the older version of the law: “When the evidence is insuffi- cient to enable a conclusion to be reached, the verdict shall to that extent be an open one.” open verdicts Open verdicts have been returned in some recent high-profile death cases in the Cayman Islands. In one case, in February this year, a coroner’s jury returned an open verdict in rela- tion to the May 2013 death of U.K. national Shakara Taylor, who fell from the Caribbean Club building on West Bay Road on May 29, 2013. A toxicology report showed no illegal drugs or alcohol in the wom- an’s system and also indi- cated no injuries or defen- sive wounds to suggest she had been assaulted prior to the fall. In another case, in November 2013, Coroner Eileen Nervik returned an open verdict in the April 2012 death of Lija Godenzi, who was found by police hanging from a door in her Crewe Road home. A second inquest was ordered in that case, which began last week. On Monday, the coro- ner’s jury returned an open verdict for the second time. Details of that jury verdict can be found elsewhere on this page. Rules committee In addition to ex- panding the potential ver- dict options for juries, legal changes have left it to the Grand Court Rules Committee – chaired by Chief Justice Anthony Smellie – to make addi- tional changes to coroner’s jury proceedings. Under the previous law, those changes had to be ap- proved by Cabinet. “As it is, there are different opinions as to whether a verdict of unlawful death can be currently returned under this law …” SamueL BuLGin, attorney generalThe islands’ most-trusted news source 9 Cayman Compass • Wednesday april 22, 2015 Happy Birthday away from us Henry William DixonHenry William Dixon 22 April 1973 - 12 October 2014 We wish we could see you one more time, come walking through the doors, But we know that is impossible, we will hear your voice no more. We know you can feel our tears and you don’t want us to cry, yet our hearts is broken because we can’t understand why someone so precious had to die. We pray that God will give us strength and somehow get us through, as we struggle with this heartache that came when we lost you!!! Missed by your wife: Dalia Sons: Henry JR & Jaryn Happy Birthday away from us Henry William DixonHenry William Dixon 22 April 1973 - 12 October 2014 Your life was a blessing Your memory a treasure You are loved beyond words and missed beyond measure It is so hard to realize that life has changed and will never be the same again as we face a lonely future without you dearest. Missed by Mother: Pamela Brother: Gordon Sisters: Tricia & Sherry Nephews & Nieces 22 April 1973 - 12 October 201422 April 1973 - 12 October 201422 April 1973 - 12 October 201422 April 1973 - 12 October 2014 In Memory of David L Parchment 3 Jan 1948 - 22 Apr 2013 Beloved husband, father, and grandfather Today recalls the memory Of a loved one gone to rest And those who think of him today Are those who loved him best. The owers we lay upon his grave May wither and decay, But the love for him who lies beneath Will never fade away. Missed with love by wife: Cherry, Sons: Dwayne, Ernest, Nigel, Sean, Roderick and Ian Daughters-in-law, and Grandchildren and “building infrastruc- ture to support the cur- rent cruise ship initiative.” Under the agreement, the Cayman Islands govern- ment undertakes to “[w]ork with Navasota on poten- tial sites on the East End of Grand Cayman and pro- vide preferred rights of way for [a] delivery pipeline from East End to [the] current pipeline system.” More than a year has passed since the signing of the memorandum, which does not legally bind gov- ernment to move forward on the project. East End MLA Arden McLean and North Side MLA Ezzard Miller questioned whether the matter was still an issue government is considering in light of certain communi- cations they have obtained from companies wishing to bid on the project. Mr. McLean, in whose district the project was slated to be built, said ini- tially that he was never in- formed of the memorandum of understanding and said on Friday in the Legislative Assembly that he had still not been given a copy. Mr. Tibbetts said no final decisions had been made and that nothing would be done unless “consensus” sur- rounding the project might be achieved. He said that in- cluded discussing the issue with elected members of the eastern districts. “It is a fair assump- tion that fuel prices in the country could go down by 20 percent [if the new ter- minal is built] and that’s, in their minds ... conservative,” Mr. Tibbetts said. “The best location they have discovered [for the project] is in East End ... because of proximity of deep water to the shore and a less populated area. “But I want to make it absolutely clear that govern- ment has given no commit- ment…nothing of the sort.” The Navasota proposal seeks to consider an on- shore bulk storage facility that could initially fill fuel tankers heading to the cen- tral and eastern Caribbean Sea. If it goes forward, a storage location would need to be considered close to shore, but in a far more remote area than the cur- rent bulk storage facility in South Sound. Mr. Tibbetts said last year that in the long term, the storage fa- cility could eventually be used to replace the current facility in South Sound. “If something like this becomes feasible, it is very likely that Caribbean Utilities Company and other local entities could get their fuel much cheaper than they’re getting it now,” he said at the time. “It could also be a means by which more competition is brought to bear in the re- tail fuel sector, but all of these things are what we are going to be examining.” The joint development agreement with Navasota Energy bears some resem- blance to a 2010 proposal by local businessman Joe Imparato that would have included a hydrocarbon [fuel] storage facility in East End as part of a larger seaport development. At the time, Mr. Imparato said the idea would be to relocate the current fuel storage tanks at Jackson Point on South Church Street to a proposed East End seaport. Propane storage on Walkers Road would also be relocated there under the proposal. Public safety was cited as the major reason to move the fuel storage tanks. get their idea off the ground. Government still hopes, ultimately, to be able to use the development bank to help small businesses get started. “The development bank should ideally have a small business loan program. If the resources were in place, in combination with the efforts of DCI, it would be amazing for small businesses and for the economy in this country,” Mr. Panton said. “The problem it has is that its resources have been squandered in the past through bad decisions and bad lending policies. They have some significant non- performing elements with their current loan program and the reason for that is po- litical indiscipline.” Janet Hislop, a director at Deutsche Bank, has been ap- pointed the new board chair for the development bank, which had been without a chair since 2012. Lynne Whittaker, of First Caribbean Bank, is the new deputy chair. Wil Pineau, chief execu- tive officer of the Chamber of Commerce, said it is impor- tant that the bank’s future is sorted out. “It has taken on different functions over the years, and I think we need to make a de- cision on what it will be in the future and if it can be- come an entity that can be relied on by small business for financing,” he said. In a policy statement in November 2014, Finance Minister Marco Archer indi- cated that government plans included paying off $10 mil- lion in development bank debts early, while likely re- financing the remainder of the bank’s $30 million bullet loans that come due during 2015. A consultant’s report on cutting the cost of gov- ernment suggested closing the development bank if the “political will” could not be found to support its operations. The Ernst & Young re- port considered three op- tions. First, that it could be sold to a private sector en- tity; second, that it could be “recapitalized” and po- tentially commercialized through a private-sector partnership; and third, that it could be closed. The report said, “Political support and action is the driver for change. If there does not exist a political will and support for the mandated functions of [the Cayman Islands Development Bank] endorsed by additional capital, then the whole ser- vice offering and function ... can be abolished. “There is no long-term benefit to [the development bank] continuing to op- erate in this existing state – which is effectively a run-off of the historical loan book with a very small amount of new lending.” Development Bank has no cash for business loans CONTINUED FROM PAGE 1 Minister: New fuel storage terminal not high priority CONTINUED FROM PAGE 1 Stars to host Fashion Week show Jenny Palmer jpalmer@pinnaclemedialtd.com Cayman actress Grace Gealey of “Empire” fame and fashion photographer Nigel Barker of “America’s Next Top Model” will be in Cayman this week for Cayman Islands Fashion Week. They will host the “Fashion Rocks” fashion show Saturday night at the Lions Centre. “It’s no surprise that the Cayman Islands are known for gorgeous, sun-kissed beaches,” Mr. Barker said in a press release. “What is even more exciting to me is the upcoming Cayman Islands Fashion Week showcasing the talent and versatility of these three Caribbean islands, drawing interest from the fashion world and putting them on a global platform.” Ms. Gealey said, “I’m thrilled to be returning home to co-host the Cayman Islands Fashion Week Runway event with Nigel Barker. Looking forward to an amazing time.” Cayman Islands Fashion Week officially opens on Thursday with the Culture & Style Welcome Party at Cayman Cabana on George Town’s waterfront. On Friday, at 5:30 p.m., Mr. Barker, who along with su- permodel Naomi Campbell currently hosts the Oxygen Network’s model competition series “The Face,” will sign copies of his book “Models of Influence” at NKY Collections in Camana Bay. At 8 p.m. Friday, the My Style Soiree at XQ’s will fea- ture DJ Atomskilz and saxo- phonist Kamau Georges. Saturday’s “Fashion Rocks” will begin with the chil- dren’s runway show and lead into the main runway show featuring designers Isy B, Akeel O’Connor, Kenzie Rose, Afrodesiack, Anthony Franco, Roger Gary, Korto Momolu, Andre Brown, Cesar Galindo and Yumi Katsura. “We are extremely excited and honored to have not only Nigel Barker, but our very own rising Caymanian star, Grace Gealey, host our fifth anniver- sary event,” said Cindy Rosan- Jones, managing director of Guavaberry Marketing, and founder of Cayman Islands Fashion Week. “Cayman Islands Fashion Week con- tinues to rise to the occasion in honoring our mandate of placing the Cayman Islands on a global platform to be rec- ognized amongst the best in the fashion industry.” “The attraction and in- terest in the event is year- round and continues to at- tract some of the best in the industry from fashion in- siders to designers, media and bloggers,” she added. Mr. BarkerNext >