High of 89 Low of 78 Slight to moderate with wave heights 2 to 4 feet. Brooklyn comes to Grand Cayman Brewing excellence Arts Theater Awards ■ festivities O Christmas Tree Camana Bay lights up B9 ‘Now and Then’ returns to gallery Another chance to see this extraordinary exhibit B3 Playhouse Family Christmas Grizz and Frizz are back with more festive cheer! B7 Friday November 20, 2015 • Cayman Compass BUY 2 GET 1 FREE! Select any 3 bottles from the brands above and get the least expensive FREE! STORE HOURS: MON SAT 10AM TO 8PM The Main Store, Shedden Rd • The Wine Cellar, Galleria PlazaOPEN UNTIL 10 PM Countryside Shopping Village, Savannah • Morritts Shopping Centre, East End BUY 2 GET 1 New pizza and pasta joint is a winner B4 The Cayman Islands Brewery brings home gold (and silver) B6 Photo: Stephen Clarke cayman weekender O Christmas Tree Editorial | pagE 4 Free speech, hate speech, and Mr. eden’s speech eSTaBLISHed 1965 www.caymancompass.com – 75 CENTS – Friday noveMber 20, 2015 Anti-Corruption Commission probing 12 cases Commission, down to one permanent member, has not met since February charles duncan cduncan@pinnaclemedialtd.com The Cayman Islands Anti-Corruption Commission is actively investigating 12 cases of corruption, and incoming complaints have dropped by more than half since 2012- 2013, according to the annual report re- leased this week. The lone remaining permanent member of the Anti-Corruption Commission, Police Commissioner David Baines, said “cases of corruption continued to make their way into the spotlights, both on a local and interna- tional level,” a reference to the ongoing FIFA corruption case in the United States, where former Cayman Islands Football Association president Jeffrey Webb faces charges of rack- eteering and bribery. “These cases reiterate the [Anti- Corruption Commission’s] stance that cor- ruption continues to exist at various levels in the Cayman Islands.” In recent months, the Anti-Corruption Commission confirmed that it was looking into the local football association and re- viewing recent CIFA audits. Separately, Cayman businessman Canover Watson faces corruption charges in a scandal related to awarding contracts for public hos- pitals in the Cayman Islands while he chaired the board of the Health Services Authority. Watson’s trial could start as soon as Monday. In his letter introducing the report, Mr. Baines writes, “The Cayman Islands, it seems, will always be portrayed as a corrupt jurisdic- tion which allows individuals to stash money received from their engagement in corrupt acts; in reality this does not need to be the case.” He called on people to report suspected corruption and cooperate with police investi- gating corruption cases. The commission and its investigative arm have broad powers to investigate allegations, use court orders to freeze assets and work with authorities overseas. The report notes that the Anti-Corruption Unit, the commission’s enforcement arm staffed with police officers empowered to in- vestigate and give cases to the Department Boarding Bridges cost deBated Earlier plan involved three jetways JaMes Whittaker jwhittaker@pinnaclemedialtd.com An earlier plan for the expansion of the Owen Roberts International Airport included three passenger boarding bridges at an esti- mated cost of $4.65 million. Boarding bridges, also known as jetways, were left out of the current $55 million expan- sion of the airport because they were deemed to be too costly. Tourism Minister Moses Kirkconnell and airport boss Albert Anderson cited an ex- pected $20 million price tag for the jetways, which allow passengers to walk directly from the departure lounge onto the plane. Former Tourism Minister McKeeva Bush said the old plan, which was being circu- lated in April 2012, offered “more for less” than the current project. He said the plan showed boarding bridges, considered important for medical tourists, could be included at a much lower cost than government was suggesting. The Outline Business Case for the air- port expansion, which broke ground last month, indicates a $20.5 million cost for 10 boarding bridges. Albert Anderson, CEO of the Cayman Islands Airports Authority, said that estimate actually offered better value once the second- floor construction costs were factored in. He said 10 boarding bridges, rather than three, would be more in line with the operational re- quirements of the airport. The April 2012 plan proposed an expan- sion of the ground floor departure lounge and Panton: Spearfishing rules may be changed brent Fuller bfuller@pinnaclemedialtd.com Environment Minister Wayne Panton indicated Wednesday that long-standing rules banning the importation of spear gun parts and the granting of new spearfishing licenses could be changed, depending on recommendations from the National Conservation Council. The issue was raised Wednesday in Legislative Assembly amid questions from North Side MLA Ezzard Miller, who asked Minister Panton whether Caymanians would be able to eventually purchase new spear guns, import existing spear gun parts or obtain licenses for new spear guns. “I would anticipate that [changes to the law or regulations] would include all of those,” Mr. Panton said in response. For a number of years, Cayman has al- lowed only current spearfishing license holders to renew their permits and has not allowed replacement parts to be imported or for new licenses to be obtained. The ban on spear gun importation does not apply to non-mechanical spears used for lionfish culls. Separate, specific-purpose licenses are required for the use of those during under- water dives. The new National Conservation Law does not specifically prohibit the im- portation of spear guns. PLEASE TURN TO PAGE 8 » PLEASE TURN TO PAGE 9 » PLEASE TURN TO PAGE 9 » The Cayman Islands looks at loosening restrictions on the use of spear guns for Caymanians.2 LOCAL&REGIONAL Friday November 20, 2015 • Cayman Compass CNCF to focus on theatre anniversary instead Gimistory, Cayman’s annual storytelling fes- tival and one of the pe- rennial highlights on the Cayman National Cultural Foundation’s calendar, will not be held this year. An announcement from the CNCF on Thursday in- dicated that its staff will be focusing on some 30 events planned between now and December 2016, which marks the 30th anniversary of the Harquail Theatre. “The focus on celebrating the national theatre’s three decades of existence means that Gimistory … will take a break this November/ December, but is set to return in 2016,” a statement from the foundation said. “In preparation for making Gimistory bigger and better next year, we are encouraging new local talent to get in- volved,” said CNCF Marketing Manager Rita Estevanovich. The CNCF began its anni- versary celebrations in October 2015 with the staging of Derek Walcott’s “Pantomime.” Earlier this month, “Sizwe Banzi is Dead” by Athol Fugard was staged. Rounding off the CNCF’s “3 for 30” production series, next month the public will have an opportunity to see “Fallen Angel and the Devil Concubine” by Groundwork Theatre Company. Open daily 10am -10pm West Shore Center, SMB GET YOUR ORDERS IN EARLY TO AVOID DISAPPOINTMENT! Turkey! Turkey! Happy American Thanksgiving! Thursday, 26 November Harpist Extraordinaire Eugenio Leon Serenades Tableside Tonight Friday and every Friday! Tarpon Fish Feeding 7:30pm & 9:00pm Nightly Fish FeedingTarpon FIREWORKS @ 8:00pm From GT Harbour Drink Specials Come for Dinner or at our Ocean Side Bar for a great view of the Fireworks TONIGHT! Friday Happy Hour 5pm-7pm TOMORROW Saturday, November 21st with DJ Flex Free lessons with Kirk starting 9.30pm Every Tuesday Barefoot Man and Sea N’B Starting live at 8:00 -11:00pm Come for dinner Stay for Dancing Salsa Tuesdays with DJ Flex starting Salsa with DJ Flex Salsa with DJ Flex with DJ Flex Call 949-2231 or email: thewharf@candw.ky 345-945-4411 info@cirealty.ky caymanislandsrealty.com The Pinnacle #13 3bed + den, 3bath, 2120s/f Perfect powder white sand Delightful island motif decor US$2,299,000 Member CIREBA MLS#405012 SEVEN MILE BEACH Neighbor not guilty of attempted murder Defendant used machete in self-defense Carol Winker cwinker@pinnaclemedialtd.com A Grand Court jury delib- erated less than a half-hour on Wednesday before finding Mark Allen Jackson not guilty of attempting to murder his West Bay neighbor, Ronald Baxter Argenbright. By a similar unanimous verdict, the five men and two women of the panel also found him not guilty of wounding with intent to in- flict serious bodily harm. Mr. Jackson admitted hitting Mr. Argenbright twice with a machete on June 2, 2014, but said he did so in self-defense. The defendant’s video- taped interview with police the next day was played for the jury. Justice Charles Quin said he thought this was the first trial in which a jury was able to see a defendant as he was questioned and gave his answers; interviews in other trials have been audio only or typed transcripts read aloud by the prosecutor. The two witnesses to the in- cident that resulted in injuries to Mr. Argenbright both told the court that he went onto Mr. Jackson’s property and began digging with a pickax, trying to break up some pipes. Mr. Jackson at the time was in his greenhouse, using a machete for weeding and pruning pawpaw trees. When he became aware of Mr. Argenbright’s presence on his property, he approached to ask what he was doing. Mr. Jackson said in his in- terview that he expected the other man to straighten up and answer him. Instead, Mr. Argenbright swung the pickax at him. Mr. Jackson said he instinctively stepped back and swung the machete, hitting the side of Mr. Argenbright’s head. He said Mr. Argenbright swung the pickax at him again, and he swung his ma- chete again. Mr. Argenbright then fell to the ground. The witnesses confirmed that Mr. Argenbright had swung first, and that the whole incident had hap- pened very fast. Medical evidence read by Crown counsel Scott Wainwright showed that the injured man sustained lacer- ations to the neck and head. Two lacerations to the back of the head were each 20 cen- timeters [almost 8 inches] in length. There were exten- sive skull fractures and brain hemorrhage. Mr. Argenbright underwent surgery and then was transferred to Miami for rehabilitation. Although the injuries were significant, the doctor believed he would make a full recovery. In his summary of the evi- dence to the jury, Justice Quin noted that by December 2014, Mr. Argenbright still had a mild problem with balance but was expected to make a full recovery. He had no memory of the events of June 2, 2014. It was agreed by the Crown and defense attorney Nicholas Dixey that there had been a dispute between the two men about a driveway in 2004. Mr. Argenbright had called police to say he was going to kill somebody. He did in fact hit Mr. Jackson with a baseball bat, inflicting an injury that required hos- pital treatment. He pleaded guilty, was fined $2,000 and ordered to pay Mr. Jackson $1,000. In that same incident, Mr. Jackson had punched Mr. Argenbright, but the Crown accepted that he was acting in self-defense. In the 2014 incident also, Mr. Jackson said he had acted to defend himself. Justice Quin instructed the jurors that if they thought Mr. Jackson was or may have been acting in self-defense, he was entitled to be found not guilty. It was for the Crown to prove he was not acting in self-defense. “You must consider the situation as the defendant honestly be- lieves it,” he said. The judge explained that it was not self-defense if ju- rors were satisfied that Mr. Jackson knew it was not nec- essary to resort to violence. If he believed it was necessary to use force to defend him- self, then the jury had to de- cide whether the amount of force was reasonable. A person under attack may act on the spur of the moment, he pointed out. The person cannot be expected to work out the exact amount of force needed to stop the at- tack. If a person uses force out of all proportion, that force would not be reason- able, Justice Quin said. HAVANA (AP) – American travelers who have had to carry wads of cash while visiting Cuba will now have a debit card option. Stonegate Bank of Pompano, Florida, announced Thursday it is offering a debit MasterCard that U.S. travelers will be able to use at hotels, restaurants and other sites in Cuba. The card will not work at any of the island’s ATMs, though the bank said it hopes to make that service available in 2016. “This is the first step in relieving the burden of U.S. travelers carrying cash when traveling to Cuba and another step in normalizing commercial relations be- tween the two countries,” Stonegate President and CEO Dave Seleski said. MasterCard announced in January it would begin handling U.S. card trans- actions in Cuba, but most credit-card issuers still prohibit transactions on the island, making the move largely symbolic. US bank offering debit card for american travelerS to cUba Gimistory canceled for 2015 Quincy Brown gets the laughs in Bodden Town at a previous Gimistory presentation.The islands’ most-trusted news source 3 Cayman Compass • Friday November 20, 2015 this Christmas get it all discoverflow.ky/xmas let the warmth flow Sign up for Mobile, Superfast Broadband and Flow TV and you can get a Samsung S6 or an iPhone 6 for only $9.99. That’s right: just $9.99. Flow terms & conditions apply Win $1000 each week plus you’ll be entered into the Supermark et Sweep to win all your Christmas goodies as well as $5000 cashThe 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. Free speech, hate speech, and Mr. Eden’s speech “No person shall be hindered by government in the enjoyment of his or her freedom of conscience. … Freedom of conscience includes freedom of thought and of religion … “No person shall be hindered by government in the enjoyment of his or her freedom of expression …” — The Cayman Islands Constitution Order 2009 Anthony S. Eden, the venerable MLA from Bodden Town, enjoys the constitutionally protected right to free speech, as does each individual who resides in the Cayman Islands. However, as an elected member, Mr. Eden is also sworn to uphold the laws and the Constitu- tion of the Cayman Islands. This is where the trouble begins. In August, Mr. Eden spoke to a private members’ motion that reaffirmed language in the Constitution defining marriage as being between a man and a woman. From there, things didn’t just “go downhill,” they plum- meted into the fiery pits of Mr. Eden’s rhetorical Hell. When the sulfurous smoke cleared, we said this about Mr. Eden’s performance: “If the purpose of Mr. Eden’s dis- criminatory diatribe was to confirm the Cayman Islands’ adherence to Christian values, it failed. Where it succeeded was to put the Cayman Islands back in the international spotlight as an intolerant, homophobic country …” Nevertheless, while Mr. Eden’s remarks may have been distasteful to some, we would defend his right to utter the words that he did. His outburst Wednesday, while it may seem similar to his August remarks, is actually quite different and more troubling. This time, Mr. Eden didn’t confine his inflammatory statements to the “satanic confusion” of homosexuality, but he targeted attorney James Austin-Smith, declaring, “We do not need an atheist chairing our Cayman Islands Human Rights Commission.” In this speech, Mr. Eden did more than “double down” on his earlier remarks. He made statements that conflict with Cayman’s Constitution. Here in Cayman, we have not only freedom of speech; we also have freedom of religion. When Mr. Eden effectively proposes a “litmus test” for a government-appointed commission, based on reli- gious beliefs or lack thereof, Mr. Eden is being unfaithful to the Constitution. The Constitution is not a casual manuscript that can be shelved like any old consultancy report. It is the defining document that underpins democracy in this country. It cannot be ignored when convenient. Governor Helen Kilpatrick acknowledged as much in the aftermath of Mr. Eden’s remarks: “An individual’s religious beliefs are not relevant to whether they can serve on, or perform effectively in, any of Cayman’s Commissions.” As an individual, Mr. Eden has the right to abominate atheists and castigate people for their sexual persua- sions. But once he assumes the mantle of office and speaks on the House floor as a member of parliament, he has an absolute obligation to uphold, support and enforce the Constitution which the people of the Cayman Islands voted to put into place. Many of Mr. Eden’s colleagues in the Legislative Assembly may disagree with his pronouncements — not that they’d dare say so publicly. Theirs is a silence that is maintained not out of respect for Mr. Eden, but out of reti- cence that appears based on a political calculation. If Mr. Eden’s words are censured, he may figuratively march out of the Legislative Assembly, followed closely by his elected Bodden Town brethren. The math is inescapable: If Bodden Town withdraws its support from the PPM administration, then the government, as presently constituted, falls. That truism is reflected in matters ranging from “No Dump in Bodden Town” to the tepid reaction to Minister Osbourne Bodden’s profane “driftwood” remarks to Mr. Eden’s latest verbal adventures. Mr. Eden believes he answers to a higher authority, and he bases his positions on “Holy Bible evidence.” As an individual, he has that freedom. However, as an elected official — empowered by the Constitution and receiving his salary from the public treasury — Mr. Eden’s highest authority is the secular law of the land. If Mr. Eden’s personal beliefs do not allow him to rec- oncile his religious obligations with his official obligations, then he has the freedom to resign from that office — and should promptly do so. Friday November 20, 2015 • Cayman COmpass 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” On US campuses, a freedom from speech WASHINGTON – Yale’s presi- dent, Peter Salovey, dealt with the Crisis of the Distressing Email about Hypothetical Halloween Costumes about as you would expect from someone who has risen to em- inence in today’s academia. He seems to be the kind of adult who has helped produce the kind of students who are such delicate snowflakes that they melt at the mere mention of even a potential abrasion of their sensibilities. Salovey gave indignant stu- dents a virtuoso demonstra- tion of adult groveling. With a fusillade of academia’s cliches du jour, he said the students’ “great distress” would be ame- liorated by “greater inclusion, healing, mutual respect, and understanding” in the service of – wait for it – “diversity.” But of course only diversity that is consistent with the students’ capacious sense of the intolerable. Salovey said he heard their “cries for help.” The cries came from students who either come from fami- lies capable of paying Yale’s estimated $65,725 costs for the 2015-16 academic year or who are among the 64 per- cent of Yale undergraduates receiving financial aid made possible by the university’s $25.6 billion endowment. The cries were for protection (in the current academic patois, for “a safe space”) from the specter of the possibility that someone might wear an in- sensitive Halloween costume. A sombrero would constitute “cultural appropriation.” A pi- rate’s eye patch would dis- tress the visually challenged. And so on, and on. Normal Americans might wonder: Doesn’t the wearing of Halloween costumes end at about the time puberty be- gins? Not on campuses, where young adults old enough to vote live in a bubble of per- petual childhood. Which is why Yale was convulsed by a mob tantrum when, as Halloween approached, a fac- ulty member recklessly said something sensible. She said in an email it should be permissible for someone to be a bit “obnox- ious,” “inappropriate,” “pro- vocative,” even “offensive.” She worried that campuses are becoming places of “cen- sure and prohibition.” And she quoted her husband, Master of Yale’s Silliman College, as saying “if you don’t like a costume someone is wearing, look away, or tell them you are offended.” Aghast, one student detected “coded language” that is “dis- respectful,” and others de- manded that the couple be evicted from Silliman. The students who were scandalized about nonexis- tent costumes live enveloped in thick swathes of university administrators competing in a sensitivity sweepstakes. They strive to make students feel ever more (another dollop of Salovey rhetoric) “valued” rather than “disrespected” and in “pain.” What kind of parenting produces children who, living in the lap of Ivy League luxury, revel in their emo- tional fragility? One answer is: Parents who themselves are arrested-development ad- olescents, with all the anxi- eties and insecurities of that developmental stage. They see themselves in their darlings. Emma Brown, who writes about education, re- cently told Washington Post readers about Julie Lythcott- Haims’ new book “How to Raise an Adult: Break Free of the Overparenting Trap and Prepare your Kid for Success.” Lythcott-Haims, former Stanford dean, sug- gests parents pay attention to their language: “If you say ‘we’ when you mean your son or your daughter – as in, ‘We’re on the travel soccer team’ – it’s a hint to yourself that you are intertwined in a way that is unhealthy.” But whatever responsi- bility attaches to the par- enting that produced those brittle Yalies, a larger portion of blame goes to the mono- lithic culture of academia. Where progressivism reigns, vigilant thought police will enforce a peace of wary con- formity. Here is why: If you believe, as progres- sives do, that human nature is not fixed, and hence is not a basis for understanding natural rights. And if you be- lieve, as progressives do, that human beings are soft wax who receive their shape from the society that government shapes. And if you believe, as progressives do, that people receive their rights from the shaping government. And if you believe, as progressives do, that people are the sum of the social promptings they expe- rience. Then it will seem sen- sible for government, including a university’s administra- tion, to guarantee not freedom of speech but freedom from speech. From, that is, speech that might prompt its hearers to develop ideas inimical to progress, and might violate the universal entitlement to per- petual serenity. On campuses so saturated with progressivism that they celebrate diversity in every- thing but thought, every day is a snow day: There are per- ishable snowflakes every- where. The institutions have brought this on themselves. So, regarding the campuses’ current agonies, schaden- freude is not a guilty plea- sure, it is obligatory. George Will’s email address is georgewill@washpost.com. © 2015, Washington Post Writers Group GEORGE F. WILLThe islands’ most-trusted news source 5 Cayman Compass • Friday November 20, 2015 6 LOCAL NEWS Friday November 20, 2015 • Cayman Compass Swipe in a flash to win cash! Use your RBC VISA Debit Card online and everywhere VISA is accepted for a chance to win! Your RBC Royal Bank Visa Debit Card is faster, safer and better than cash! • More purchasing power: Welcomed online or in person at most merchants around the world. • Take control of your money: Funds are debited from your deposit account so you incur no unwanted debt. And every transaction is listed on your bank statements. • Peace of mind with fraud protection: Unauthorised funds taken from your account because of fraud will be returned to you. 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WIN monthly! 1000 $ USD WIN Governor: Religious beliefs ‘not relevant’ to commission appointments Latest human rights row over atheism Brent Fuller bfuller@pinnaclemedialtd.com Although she did not make any statements char- acterizing a local lawmak- er’s comments on the subject, Cayman Islands Governor Helen Kilpatrick confirmed Thursday that religious be- liefs of government appoin- tees should have nothing to do with their service on public commissions. “An individual’s religious beliefs are not relevant to whether they can serve on, or perform effectively in, any of Cayman’s commissions,” Ms. Kilpatrick said in a statement Thursday morning. The governor’s office was asked for comment fol- lowing an explanatory state- ment made in the Legislative Assembly Wednesday by vet- eran Bodden Town MLA Anthony Eden. Mr. Eden sug- gested that government ap- point a new chairman of the Human Rights Commission “who is not an atheist.” “It is my belief we do not need an atheist chairing our Cayman Islands Human Rights Commission,” Mr. Eden said. “I am sick and tired of some people disrespecting my Caymanian people.” One of the protections listed in the Cayman Islands Constitution Order (2009) Bill of Rights – Section 10 – is the right to freedom of con- science and religion. “No person shall be hin- dered by government in the employment of his or her freedom of conscience,” sec- tion 10(1) of the bill states. Freedom of conscience in- cludes freedom of thought, religion and freedom from religious discrimination. It also guarantees the freedom to worship as one wishes as long as the religious practice is not contrary public safety or infringing on the rights of another person. Mr. Eden’s comments crit- icizing current rights com- mission chairman James Austin-Smith – who has said publicly that he does not be- lieve in God – came after a public dispute in August over the definition of mar- riage in the Cayman Islands and whether same-sex civil unions should be legally recognized by the govern- ment. Mr. Eden filed a pri- vate members’ motion in the Legislative Assembly seeking government’s protection of “traditional marriages.” Mr. Austin-Smith re- ferred to some of the Aug. 13 Legislative Assembly debate on the subject as “poisonous hate speech.” Those comments drew the ire of Mr. Eden, who said Wednesday that his position in the earlier de- bate had been taken out of context. Mr. Austin-Smith said Wednesday that he had not heard or had time to re- view Mr. Eden’s most re- cent comments on the matter and could not pro- vide any response. A rep- resentative of the Human Rights Commission indicated Thursday that the commis- sion would not be responding to Mr. Eden’s debate from earlier in the week. Governor Kilpatrick Employer pays unfair dismissal fee in $1 bills KelSeY JuKAM kjukam@pinnaclemedialtd.com Robert Campbell, owner of Campbell’s Auto Repair and Sales Ltd., delivered more than $12,000 in $1 bills to law firm Samson & McGrath Thursday afternoon. The cash payment was made to settle a case of un- fair dismissal brought against Mr. Campbell in 2008. Last year, Mr. Campbell was found guilty of refusing to comply with an order of the Labour Tribunal and fined $2,500. The order he violated was to make compensation to a former employee for severance pay and unfair dismissal no later than July 27, 2009, in the amount of $12,000. Mr. Campbell’s position was that the employee had walked off the job, and that he was unable to defend him- self against the claim of un- fair dismissal because the Labour Tribunal had been held in his absence. He also said he knew nothing about the tribu- nal’s decision because he does not check his post office box regularly. In 2014, Magistrate Angelyn Hernandez found that Mr. Campbell had known of tri- bunal’s decision and had been sent notice of the decision, and that he refused to take any steps by way of compliance or appeal and had waited almost five years to lodge an appeal since being aware of the charge. Mr. Campbell appealed the magistrate’s guilty verdict and also appealed to the Labour Tribunal Board. Finally, Mr. Campbell de- cided he no longer wanted to spend any more time dealing with frequent court appear- ances, and he decided to pay the $12,000, plus a couple of thou- sand dollars more that had been accrued in additional costs. “My method of payment is a form of protest for the un- fair manner in which it was dealt with,” Mr. Campbell said, adding that he feels he had no opportunity to have his voice heard in the tribunal. Mr. Campbell said it is pos- sible the employee will receive only a couple of thousand dol- lars of the total, since much of the amount paid goes to cover legal fees. Robert Campbell waits in the law offices of Samson & McGrath to deliver more than $12,000 of compensation in $1 bills. - Photo: Kelsey JuKamThe islands’ most-trusted news source 7 Cayman Compass • Friday November 20, 2015 179999-Ad-FP-LongServiceAward.in1 111/19/15 10:08:26 AMThe islands’ most-trusted news source 8 Friday November 20, 2015 • Cayman Compass the creation of a new upper floor departure lounge, VIP area and concessions. It outlined costs of $13.125 million for the work, with an additional $4.65 million for three jetways. The cost estimates in the document, produced by Arch and Godfrey, also indicate that the runway could be extended 1,500 feet into the North Sound for $22 million. The document, a presenta- tion by the firm to the previous CIAA board, is an outline plan dated April 2012. Current tourism leaders ap- peared to be unaware of the plan. A separate, much more detailed master plan was pro- duced in 2013 by consultants the WSP Group as part of an Outline Business Case for the redevelopment of Cayman’s three airports over the next 20 years. That plan highlighted the expansion of the terminal building as the most urgent pri- ority for Owen Roberts. A key difference in the WSP proposal, being carried for- ward by the CIAA, is for the departure lounge to remain on the ground floor rather than expanding to become a two- story building. The implications of that de- cision appear to make boarding bridges an all-or-nothing prop- osition which would require the installation of an otherwise re- dundant second floor. An alternative, cheaper proposal, involves the use of ramps to enable jetways to be used from the ground floor ter- minal. Ultimately, the consul- tants concluded that boarding bridges were not financially possible immediately and should take second place to the more pressing need to expand the terminal. They suggested they could be added at a later date, particularly if Health City Cayman Islands proves to be a success and more medical tour- ists are using the airport. They wrote, “As part of the expansion of the Owen Roberts International Airport terminal, WSP concludes that it would be possible to provide boarding bridges via a second walkway for an estimated cost of circa CI$20.4m. Alternatively, ground loaded boarding bridges could be provided for a lower cost of circa CI$12m. Given that boarding bridges are pri- marily targeted at passenger convenience, rather than re- solving capacity issues, this level of cost would put con- siderable pressure on overall project affordability.” Boarding bridges cost debated CONTINUED FROM PAGE 1 Whistleblower oversight added to understaffed watchdog office Brent Fuller bfuller@pinnaclemedialtd.com A government watchdog of- fice which has no permanent leadership and whose future has been uncertain for more than a year will be given re- sponsibility for monitoring whistleblower cases, Cayman Islands Deputy Governor Franz Manderson has confirmed. Mr. Manderson an- nounced prior to the passage of the Whistleblowers’ Bill in the Legislative Assembly on Wednesday that Governor Helen Kilpatrick had given responsibility for receiving and monitoring “whistle- blower” cases – reports of wrongdoing by employees against their employers – to the five-person Office of the Complaints Commissioner. The complaints commis- sioner’s permanent posi- tion has not been filled since former Commissioner Nicola Williams departed in January and the acting commission- er’s post is currently being filled by a department staffer. The agency is proposed to be merged with the Information Commissioner’s Office under a “super-ombudsman” at some point in the future. Ms. Williams, just be- fore leaving Cayman, de- nounced proposals for the of- fice merger, stating it would weaken the complaints com- missioner’s post. “It will serve to weaken and diminish [the complaints commissioner’s office],” Ms. Williams said in January. “Splicing together dis- parate bodies with completely different functions whose only common thread is over- sight is not, in my opinion, good governance.” It was former Commissioner Williams’s re- port in 2014 which revealed a “culture of fear” within the Cayman Islands civil service that pushed government into drafting and bringing forward the Whistleblowers’ Bill, con- solidating a number of earlier attempts to provide whistle- blower protection under var- ious laws. The Whistleblowers’ Bill, which received passage in a key second reading, or vote, on Wednesday, is expected to gain final, formal approval in the as- sembly within a few days and then be passed on to Governor Kilpatrick for her assent. Mr. Manderson explained why the complaints commis- sioner was chosen to monitor whistleblowers’ complaints: “It is not intended to create an ad- ditional agency to deal with disclosures of wrongdoing. [The complaints commission- er’s] office would receive the complaint, investigate if neces- sary, pass it on to the relevant authority to investigate and monitor the investigation.” Anyone working in the Cayman Islands, whether in government or the private sector, can make a report or disclosure of suspected wrong- doing to the complaints com- missioner or to a practicing at- torney. The legislation requires all such complaints be kept in strictest confidence. Disclosures The Complaints Commissioner’s Office, ac- cording to the Whistleblowers’ Bill, will essentially be given the powers of a court in inves- tigating reports of wrongdoing and monitoring compliance with the law. If evidence of wrongdoing is found, the complaints com- missioner can either refer the matter to the person respon- sible for internal discipline (in administrative cases), refer to the commissioner of po- lice (if criminal wrongdoing has occurred) or to the gov- ernor if the wrongdoing was committed by a high-ranking government official. The bill seeks to prevent public and private sector em- ployees from making frivo- lous complaints or reports that are designed to embar- rass their employers. Reports of wrongdoing will not qualify for protection against retalia- tion unless they are made “in the public interest,” according to the legislation. In addition, if it would normally be an of- fense to disclose information or if the information disclosed is considered legally privileged, the person disclosing it would not be protected. Whistleblowers who dis- close information deemed to be in the public interest get specific protections in the bill against what is termed “detrimental action” – retali- ation – by their employers. Detrimental action can include actions causing loss, injury, in- timidation, harassment, dis- crimination, disadvantage or any adverse treatment. The bill makes it a criminal offense to take detrimental ac- tion against an employee who discloses wrongdoing. Prison terms of between two and five years upon conviction are con- templated in the proposal. Damages can be paid to an employee who has been vic- timized, and employers can be held vicariously liable for re- taliatory actions taken by their agents or other employees against a whistleblower. As an alternative, em- ployees may report suspected wrongdoing to the government director of labor and pensions, who would refer the matter to the Labour Appeals Tribunal for review. “All employers and em- ployees in the Cayman Islands [will] be subject to this new law,” Mr. Manderson said. “To be effective, the law will need to be properly understood by all persons and enforced.” “I want to encourage all public servants to re- port misconduct and wrong- doing without fear of any type of retribution.” The islands’ most-trusted news source 9 Cayman Compass • Friday November 20, 2015 In Loving Memory of Roger R. Powell Feb 27, 1975 – Nov 22, 2014 We only have a picture now, A frozen piece of time. to remind us how it was, When you were here, and ours. From your broken hearted Mom & Dad Memorial Service for the late Zoila Elizabeth Bodden Sunday Nov.22nd, 2015 at 5:00pm At the home of daughter Lavern Barnes 24 Schooner Ln., West Bay Phone: 917-5425 Thinking of You on Your Third Anniversary in Heaven In Memory Of We regret to announce the passing of Mark Bettencourt Who departed this life On Sunday, 15 November 2015. Condolences can be registered at www.boddenfuneralservices.com Mr. Bettencourt will be repatriated to the USA We regret to announce the passing of Margaret Frederiks Who departed this life On Tuesday, 10 November 2015. Condolences can be registered at www.boddenfuneralservices.com Ms. Frederiks will be repatriated to Canada We regret to announce the passing of Douglas Carney Who departed this life On Sunday, 15 November 2015. Condolences can be registered at www.boddenfuneralservices.com Mr. Carney will be repatriated to the USA of Public Prosecution for charges, concluded 15 cases over the 2014-2015 fiscal year, down from 30 the year before. At the end of June, the commission reports, investi- gators had 12 active cases, two people awaiting trial, two people awaiting charges from the prosecutor, and two more people charged. Eleven cases are pending, awaiting further information. Two of the active cases involve defendants awaiting appeal hearings. The commission has not brought charges against a defendant in two years. “These investigations are often long, drawn out and methodical,” Mr. Baines writes. He added, “They have far-reaching implications and as such the evidence takes time to gather and analyse.” “The investigators who make up the Anti-Corruption Unit (the ACU) work tirelessly interviewing witnesses, an- alyzing, assessing and re- cording data in order to progress investigations to the point where persons can be charged and prosecuted for these crimes,” he writes. According to the report, corruption investigators con- ducted 106 interviews and served three letters for pro- duction of documents. “The majority of the work of the investigators during the last reporting period has been on long term protracted investigations which have been complex and time con- suming as evidenced by the high number of interviews conducted,” the report states. It adds, “Whilst no per- sons were convicted in the last year, two persons were charged and an additional person is still awaiting trial.” The commission has not met since February, ac- cording to manager of the Commissions Secretariat Deborah Bodden. The commission, which is down to one permanent member, is made up of the police commissioner, auditor general and the complaints commissioner, along with two members appointed by the governor. Former Complaints Commissioner Nicola Williams left her post at the beginning of the year for a new position as ombudsman for the U.K. Armed Forces. Ms. Williams has been replaced on the commission by Acting Complaints Commissioner Bridgette Von Gerhardt. Auditor General Alastair Swarbrick recently left his po- sition to join the Organisation for Economic Co-operation and Development in Paris. Deputy Auditor General Garnet Harrison has replaced Mr. Swarbrick as acting au- ditor general. The two appointed mem- bers, Leonard Ebanks and Sir Peter Allen, resigned from the commission in February at the end of their terms. The governor is responsible for appointing the two indepen- dent members, but neither has yet been replaced. Mr. Baines, commending the departed independent members, said the commis- sion is “indebted to your ser- vice over the past five years and wish you all the best.” An estimated 400 to 500 people in the Cayman Islands currently have per- mits to own spear guns, but due to the ban on importa- tion of new weapons and re- placement parts, many of the spear guns here no longer work and cannot be repaired. Mr. Miller noted in a pri- vate members’ motion filed in the assembly last year that a “very generous inter- pretation” of the Customs Law lists prohibited goods, including crossbows, cat- apults or any other man- ually operated weapons. Those items cannot be im- ported unless the commis- sioner of police agrees to allow them for a Caymanian to pursue “sporting activi- ties” or activities related to “national heritage.” Mr. Panton said because of the tradition of spearfishing in the Cayman Islands, he is willing to let the National Conservation Council recon- sider the issue, possibly al- lowing the use of properly li- censed spear guns in certain non-restricted areas. However, that would have to be balanced against a de- cline in large fish popu- lations around Cayman’s reefs over the past four de- cades, he said. “Spearfishing itself is a form of fishing which has specially high impact on the largest breeding fish and has been demonstrated through many studies to reduce the population of the large pred- atory species of fish,” Mr. Panton said. “Snapper, grouper and other large species of fish are essential to maintain the balance of the ecosystem on the reefs. “The government is not unsympathetic to the per- spective that we can consider [amending the rules banning importation of spear guns], but it has to be done in an appropriate way,” he said. Panton: Spearfishing rules may be changed CONTINUED FROM PAGE 1 Spear guns like the one pictured, which was seized in North Side, are not allowed to be imported into the Cayman Islands and can only be used under the terms of a ‘grandfathered’ spear gun license. – Photo: DePartment of environment CONTINUED FROM PAGE 1 Mr. Panton Anti-Corruption Commission probing 12 casesNext >