High of 85 Low of 75 Slight to moderate with wave heights of 2 to 4 feet. The cayman islands journal Optimism over tourism development boom THIS ISSUE: Special report Risk Management and Captive Insurance >>PAGE 13 marketS Millennials An investor’s perspective >>PAGE 2 inveStmentS Performance survey Mixed results for private pensions >>PAGE 4 touriSm Getting there First steps making Cuba a US tourist destination >>PAGE 7 PAGE 13 SPECIAL REPORT December 2015 A Special Advertisi ng Feature! MANAGEMENT & CAPTIVE INSURANCE RISK D ec ember 20 1 5 • w w w . ca yjo ur n a l . com 158 Optimism over tourism development boom Private equity drives financial sector consolidation in Cayman ■ ■ JameS WHittaker At one end of Seven Mile Beach, the Kimpton Seafire resort is nearing completion. At the other end of the beach, and the other end of the spectrum, developers are just get- ting started on transforming the failing Treasure Is- land into a Margaritaville Resort.These two projects, and a handful of other develop- ments, including confirmation that a new hotel is in the works for Beach Bay, Bodden Town, have been touted by government as evidence that investor confidence is returning to Grand Cayman’s tourism industry. Arrival figures, which hit record levels in 2014, have plateaued in 2015. On several occasions Tourism Minister Moses Kirkconnell has stated that additional beds are needed to allow for further growth. Build it and they will come, is the philosophy being espoused by government and some of the investors bringing new projects to the Cayman Islands.The diversity of intent in the new projects: luxury, with a touch of kookiness from the Kimpton, a party atmosphere from Margaritaville and upscale eco- tourism from Beach Bay, suggests businesses are seeking new tourists rather than simply competing for market share. The same can be said of Health City Cayman Islands as it moves forward with plans for an on-site hotel. Jackie Doak, chief operating officer of Dart Realty, said new hotel stock itself was an incentive to new tour- ists. Beyond the attributes of the design and branding, Kimpton Seafire has appeal, she says, as the first new hotel in the Cayman Islands in over a decade. “One of the benefits of Kimpton is they have a pres- ence in most of the gateways that serve Cayman with direct flights,” she said. “We think it will increase the tourism rather than take from other hotels.” ■■ micHael klein The appeal of Cayman’s financial service firms to private equity companies is a non-traditional driver for consolidation in the industry that is likely to continue, according to a panel examining M&A trends for fund manag-ers and service providers at Campbells Fund Focus conference in November. However, concerns that mergers and acquisitions or spin-offs involving Cay- man’s financial services firms will ulti- mately lead to a reduction of the work- force don’t necessarily have to play out, panelists said. A large number of Cayman busi- nesses recently have been subject to management buyouts or acquisitions, often in partnership with private equity funding. In the past three years alone the Cayman Islands Monetary Authority received 16 applications for shareholder changes from local service providers.In 2012, Walkers sold its fiduciary busi-ness, with about 100 staff in six countries and annual revenues in excess of $50 mil-lion, to Intertrust, and in May of this year the law firm announced it would relaunch its professional services business. Appleby announced the management buyout of its fiduciary business backed by private equity firm Bridgepoint in July, fol-lowing a similar management buyout at Ogier’s in 2014, which resulted in a new fiduciary company called Elian. Since then, Elian has formed a part-nership with global financial services company SEI and in September Elian agreed terms to buy corporate service provider SFM Europe. Colin MacKay, the group director of Elian Fund Services in the Cayman Islands, said the drivers for spin-offs and mergers and acquisition often evolve around value realization – the owners simply want to cash in – in addition to other strategic mo- tivations such as the expansion of service lines or the client-driven expansion into new regions and jurisdictions. The easiest way to gain entry into a new market “is to buy your way in, be- cause that buys a regulated business,” MacKay said. “But essentially it comes back to the basic driver that one and one should PLEASE TURN TO PAGE 9 » PLEASE TURN TO PAGE 9 » An aerial view of the Kimpton hotel development, taken in October 2015. Editorial | pagE 4 Handouts to voters: CHarity or vote buying? esTaBlished 1965 www.caymancompass.com – 50 CENTS – Wednesday deCember 2, 2015 Animal tethering practices questioned KeLsey JuKam kjukam@pinnaclemedialtd.com Roni Wildoner was traveling along the eastern coast of Grand Cayman in October when she spotted a bull tethered on the side of the road near Breakers. She in- vestigated and found that the an- imal was tangled in his rope. A plastic makeshift water trough, with jagged, sharp edges, was empty, save for a handful of leaves. Ms. Wildoner said she was con- cerned that the bull, tethered very close to the roadway, was tangled in the brush, and that it had no shade and no water. Ms. Wildoner, who visits Cayman annually with her family, said she was shocked by the way some ani- mals are treated here. In her home state of New Jersey, she is the chief of the Bergen County Society for Prevention of Cruelty to Animals, an agency that investigates and prose- cutes animal cruelty. In 2012, during another visit to Cayman, she high- lighted the treatment of an iguana that someone had taped to a piece of wood to offer as a photo opportu- nity to tourists visiting Hell. “As a tourist traveling along your coast, I find it appalling that ani- mals are tethered along the roadway in extreme heat without water or adequate shelter from the elements,” she wrote to the Cayman Compass. “Are there laws in Grand Cayman?” Ms. Wildoner asked. While there is nothing in Cayman Islands Animals Law that prohibits tethering, parts of the law regulate the tying up of animals on the side of the road and describe when it would be considered animal cruelty. However, according to the Department of Agriculture, no one has ever been prosecuted under this section of the law, and no one has ever been fined or sen- tenced to jail time for mistreating a horse or a cow. The Animals Law 2015 revision specifies that a person PLEASE TURN TO PAGE 8 » CArePAy triAl Watson collected, deposited check for carepay contract Defense says HSA board chairman was assisting hospital brent FuLLer bfuller@pinnaclemedialtd.com Canover Watson personally collected and deposited a check for US$686,000 that repre- sented the first payment for the implementa- tion of the CarePay patient swipe-card system for the government hospital, jurors heard Tuesday in Watson’s criminal trial. However, defense attorney Trevor Burke, QC, argued that Watson, the former chairman of the Health Services Authority board, was seeking to get things rolling to start the system and was asked to deposit the check by the head of the Jamaican company that owned the CarePay system. Mr. Burke said his client, Watson, had been “criticized” by prosecutors for orga- nizing and collecting checks that went into the bank account of a company called AIS (Advanced Integrated Systems) Cayman Ltd. That company, the Crown alleges, was con- trolled by Watson and his business associate Jeffrey Webb. Mr. Burke sought to put the issue in a dif- ferent light Tuesday during cross-examination of Health Services Authority Chief Executive Lizzette Yearwood. He asked Ms. Yearwood whether she would have assisted in collecting and depositing the US$686,000 check if AIS Jamaica owner Douglas Halsall had requested her to do so, given the tight time lines for the project at the time the CarePay contract was signed. Ms. Yearwood responded that she would OTs, London officials expect to broach beneficial ownership tad stoner tstoner@pinnaclemedialtd.com Premier Alden McLaughlin and a six- member Cayman Islands delegation at- tended Tuesday afternoon’s opening session of the three-day annual Joint Ministerial Council in London. Ongoing questions of beneficial owner- ship, while not on the formal agenda, are expected to be among the more conten- tious subjects addressed in private meet- ings among the group of 12 Overseas Territories and Foreign and Commonwealth Office leaders. The council is meeting Tuesday and Wednesday at Lancaster House, hosted by U.K. Minister for Overseas Territories James Duddridge. Leaders “will have discussions with ministers from a range of U.K. government departments,” the FCO said. This year’s agenda includes child safe- guarding, economic development and set- ting a vision for the U.K. and the Overseas Territories in 2030. PLEASE TURN TO PAGE 9 » Cayman islands Premier Alden Mclaughlin, left, and Overseas territories Minister James Duddridge at the opening of the Joint Ministerial Council meeting in london on tuesday. PLEASE TURN TO PAGE 9 »2 LOCAL&REGIONAL Wednesday december 2, 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. © y x *Additional charges will apply per 3D ticket requested. - WEDNESDAY - $8.00 VICTOR FRANKENSTEIN (PG13) 1:20 I 4:20 I 7:00 I 9:40 THE NIGHT BEFORE (R) 1:30 I 4:00 I 7:20 I 9:50 HUNGER GAMES: MOCKINGJAY PART 2 (PG13) 12:20 I 3:25 I 6:30 I 9:40 SECRET IN THEIR EYES (PG13) 4:10 I 9:30 CREED (PG13) 1:10 I 4:10 I 7:05 I 10:00 SPECTRE (PG13) 12:45 I 4:15 I 7:30 PEANUTS 3D (G) 1:00 I 7:15 www.tonymosleylifeinsurance.com A photo story on page 2 of the Nov. 27 issue of the Cayman Compass under the title “Happy Thanksgiving!” incorrectly identified the former trading name of the company hosting the gathering. The company is Foreshore Offshore, which is being rebranded as eShore (Cayman) Ltd. CORRECTION Rainy November brings end to 2015 hurricane season Charles DunCan cduncan@pinnaclemedialtd.com A quiet hurricane season ended Monday with 11 named storms for the year, four of which reached hur- ricane strength. None had major effects on the Cayman Islands. November, while quiet for tropical storms, saw al- most double the average rainfall for the month. More than 11 inches of rain fell in the month, according to the Cayman Islands Weather Service. Forecasters say they ex- pect clouds and rain coming off a tropical system and moving through the region through Saturday. “This is typically a tran- sitional month for us,” said Weather Service forecaster Gilbert Miller, looking to the month ahead. He said December traditionally marks the end of the rainy season in Cayman as cold fronts from the north take over from the tropical sys- tems to the south. Winston Gall, also with the Weather Service, said November’s 11.4 inches of rain is on the high side for the month – the 30-year av- erage for November is 6 inches according to Weather Service data – however it is just half the record for November rainfall, set in 1996 when heavy storms brought more than 22 inches of rain to the Cayman Islands. “This has been system driven,” he said, with upper- level conditions bringing the extra rain to the islands. The past month has been much wetter than October, which is typically one of the rainiest months for the Cayman Islands. Almost 5 inches of rain fell in October, well below the 30-year av- erage of more than 8.5 inches. Mr. Miller said the skies will be mostly cloudy through this week with some showers and thunderstorms. He warned that the storms could be heavy at times and the islands may see some local flooding. Of the 11 named storms, no hurricanes or tropical de- pressions hit the Cayman Islands this year, though the territory did see sev- eral tropical waves move through, with flooding rains and winds that caused minor damage. Author celebrates published work VICKI WheaTOn vwheaton@pinnaclemedialtd.com Cayman resident and prominent attorney Douglas Schofield has been writing novels for many years, but only on Tuesday was his hard work rewarded with the pub- lication of his book “Time of Departure” by St. Martin’s Press, New York. Mr. Schofield has had two previous books published, “Flight Risks” and “Succession,” but with limited distribution because to the relative ano- nymity of Miwk Publishing Ltd in the U.K., the publisher of those first two novels. “Time of Departure” began as a screenplay that Mr. Schofield wrote 10 years ago, and it subsequently won first prize for its genre in Fade In magazine’s annual screen- writing competition. The author has already completed his next novel, which is presently untitled, and plans to continue writing in the hope of becoming a success doing what he loves. “I’m re- ally encouraged that I’ve been picked up by major publishing house, St. Martin’s Press,” said Mr. Schofield. “Of course, I’m hoping for the best.” This latest book, “Time of Departure,” will be avail- able for purchase in book stores, and online as an e-book through major retailers such as Amazon.com and iBooks. Douglas Schofield’s latest book ‘Time of Departure’ was released on Tuesday. Marin having trouble coMing up with $1M cash bond NEW YORK (AP) – Former Brazilian soccer federation president Jose Maria Marin is having trouble coming up with the $1 million he is to post as part of his bond on federal corruption changes. Arrested in Switzerland in May while preparing to attend the FIFA Congress, the 83-year-old was extra- dited to the United States and pleaded not guilty on Nov. 3 to charges of rack- eteering conspiracy, wire fraud conspiracy and money laundering conspiracy. U.S. District Judge Raymond J. Dearie set bond at $15 million, including $1 million in cash, a $2 million corporate surety bond and a mortgage on a Manhattan apartment. All were due to be given to the court’s clerk by Nov. 6. While the mort- gage was submitted, Marin’s lawyers asked for extensions to submit the cash and cor- porate surety bond. A day after sending a letter to the court saying Marin planned to give the court a check this week for $769,000 and to pay the balance by April 4, Charles A. Stillman, a lawyer for Marin, wrote the court Tuesday saying the balance will be paid by Friday. Marin is among 14 soccer officials and mar- keting executives indicted on corruption charges. The U.S. government investiga- tion is ongoing.3 LOCAL NEWS Cayman Compass • Wednesday december 2, 2015 It’s the Tomlinson Furniture ...Your Chance to WIN lots of prizes! It s the Tomlinson Furniture Tomlinson Furniture T Your Chance toYour Chance toYWIN lots of prizes! 40TH ANNIVERSARY CHRISTMAS BONANZA ENTER TO WIN THE GRAND PRIZE OF A LIVING ROOM SECTIONAL VALUED OVER $ 2400 FREE ISLANDWIDE DELIVERY! DRAWINGS DEC. 22, 2015 HOW TO ENTER: Shop at Tomlinson Furniture between December 1 - 20 and receive BIG DISCOUNTS and a chance to WIN a brand new Sectional valued at over $2500.00, and other consolation prizes. It’s our way of saying Thank You for making Tomlinson Furniture your home furniture store. sales@tomlinsonfurniture.ky | www.tomlinsonfurniture.ky AND LOTS OF CONSOLATION PRIZES! 9 Walkers Road | George Town | At the 4-Way Stop by GT Hospital 20% OFF Shop at Tomlinson Furniture & The Mattress Gallery with this coupon between January 1 - 30, and get 20% OFF your purchase. Valid on purchases of CI$500 or more. In stock items only not on special orders. Gay rights battle paralleled in Bermuda James Whittaker jwhittaker@pinnaclemedialtd.com A landmark ruling in the Supreme Court of Bermuda giving same-sex couples equal rights on immigra- tion and employment issues has been cited as further evidence that the Cayman Islands needs to modernize its own laws. Premier Alden McLaughlin, currently in London along with Bermuda Premier Michael Dunkley and other Overseas Territories leaders, said the Cayman Islands would likely face a similar court defeat if it did not alter its own policies on Immigration. The atmosphere in Bermuda, where a church- led protest group has raised a petition in defense of tradi- tional marriage, mirrors the conflict in Cayman, where traditional Christian values have been cited as justifica- tion for different treatment of homosexual couples. Mr. McLaughlin said, “The ruling from the Bermuda Supreme Court concerning recognition of same-sex unions reinforces my be- lief that the Cayman Islands must review and make neces- sary changes to our immigra- tion regulations. “If we don’t amend those regulations so as not to dis- criminate, I have no doubt that we will face a sim- ilar judgement by the Grand Court here.” He said the necessary changes would be made in the regulations and not the law itself and could be ad- dressed by Cabinet and not in the Legislative Assembly. The Cayman Islands is currently facing a “test case” on the issue in the form of an appeal brought by former law professor Leonardo Raznovich against the Immigration Board’s decision not to allow him to be listed as a dependent on his male partner’s work-permit, a re- quest routinely approved for married couples. Mr. McLaughlin has indi- cated that government will seek to deal with that spe- cific issue without intro- ducing wider legislative rec- ognition of same-sex unions at this point. James Austin-Smith, chairman of the Cayman Islands Human Rights Commission, has previ- ously noted that govern- ment needs to make much broader changes to its laws to be compliant with the European Convention on Human Rights, which ap- plies to both Bermuda and Cayman. Mr. Austin-Smith has in- dicated that government im- mediately needs to introduce legislation to recognize same- sex unions and outlaw dis- crimination on the basis of sexual orientation. He said the law had been clarified through a prec- edent-setting ruling by the European courts ear- lier this year in a case brought against Italy to de- termine whether it violated human rights legislation by failing to recognize same- sex unions. Bermuda Chief Justice Ian Kawaley cited the same judg- ment in his ruling on Friday. He ruled that aspects of Bermuda’s Immigration and Protection Act were incom- patible with the islands’ human rights legislation be- cause they allowed discrim- ination against same-sex couples. The immediate im- pact of the ruling will be that same-sex partners of Bermudians will be afforded the same rights to reside and seek employment as spouses of Bermudians. Senator Michael Fahy, the Minister of Home Affairs, told the Bermuda media Friday that the ruling could have wider consequences on legislation relating to bank- ruptcy, estates, wills, health insurance, pensions and so- cial insurance. Mr. Kawaley’s ruling dealt specifically with the as- pects of the legislation re- lating to employment, as that was the complaint brought by the Bermuda Bred Company, a social jus- tice campaign group. But he suggested that Bermuda ultimately would be required to accept same-sex partnerships because of the European Court’s ruling in the Italian case. He wrote, “Bermuda ap- pears to be under a pos- itive international law duty under Article 8 of the ECHR to create some co- herent legal framework for the recognition of same- sex relationships formed by Bermudians.” Several experts, including Mr. Austin-Smith, have made the same point in respect to Cayman’s laws. Mr. Raznovich said Tuesday he was pleased gov- ernment is looking to amend the Immigration Law as a matter of urgency. He added that the Bermuda ruling gave further weight to the argument for change in Cayman. “The Supreme Court of Bermuda’s decision is con- sistent with, and lends fur- ther strong support to, our legal position in the Cayman Islands,” he said. “The Supreme Court of Bermuda has acknowledged in its judgment the implica- tions of the decision of the European Court of Human Rights in the Oliari case [the Italy case] for all British Overseas Territories to which the European Convention on Human Rights has been extended.” Romania seeks extRadition of national fRom Cayman Carol Winker cwinker@pinnaclemedialtd.com A formal request has been received from Romania for the extradition of Mihai Tanjala, who is in custody in Cayman, Chief Magistrate Nova Hall heard in Summary Court on Tuesday. The magistrate issued a warrant for Tanjala’s ar- rest on Oct. 29, and he first appeared in court on Oct. 30, when he was remanded in custody. He was arrested on evi- dence that he had been con- victed of corruption against the laws of Romania. The magistrate noted that, in her opinion, information about Tanjala’s conviction was such that it would jus- tify issuing a warrant for the arrest of a person convicted of committing conspiracy in the Cayman Islands. On Tuesday, Director of Public Prosecutions Cheryll Richards confirmed that the formal request for extradi- tion had been received. The attorney who ap- peared for Tanjala in October applied to come off record. The defendant said he would be applying for legal aid. The magistrate ordered a warrant for him to be pro- duced from custody again on Dec. 15 at 2:15 p.m. She also requested an in- terpreter of the Romanian language. No information was avail- able as to Tanjala’s age, resi- dence, status on the island, or details of any convic- tion in Romania.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. Wednesday deCember 2, 2015 • Cayman COmpass Freshman MLA Winston Connolly is one of three Cayman Islands lawmakers supported by the Coalition For Cayman. Mr. Connolly is one of six representatives elected from the district of George Town. He’s one of 11 members of the Progressives-led government. But when it comes to standing up in the Legisla- tive Assembly against the practice of “vote buying,” Mr. Connolly — unable to muster support from his col- leagues to introduce systemic reforms — stands alone. Proverbially speaking, Mr. Connolly flung the first rock at this beehive back in May, saying, “What I … have found in my two years in politics is that, on top of social services, the norm is to go to your politician for a ‘top up,’ so you don’t have to go through the proper channels and that, in my view, is wrong.” He continued, “My own view is that it serves to absolve those politicians that do hand out money from having to cure the issue for another month. It’s shut-up money. “When did it change that proud, able-bodied Cay- manians would rather not work — even for entry level pay — but go to politicians for cash and rely on social services instead?” Judging by the ensuing consternation among Cayman’s political class, Mr. Connolly’s aim was true. (For our part, we said at the time in an editorial: “If Diogenes is still looking for an honest man, tell him to stop. We have found him.”) Mr. Connolly took another shot at the topic in October, during discussions over “one man, one vote.” He said, “I saw firsthand during the last election, money being handed out. Let’s not fool ourselves into thinking elections can’t be bought.” The government approved the implementation of “one man, one vote” — specifically, transitioning to a system of 19 single-member voting districts — for the 2017 election, but without Mr. Connolly’s proposals to outlaw vote buying and to enact term limits for legislators. Not only were Mr. Connolly’s ideas not adopted, apparently they were not even given serious consideration. Responding to Mr. Connolly’s concerns, Premier Alden McLaughlin said, “In my experience … you don’t buy any elections. You may influence a few votes here or there … but you don’t buy elections.” Ponder Mr. McLaughlin’s statement, which we think is a concise summation of the conventional wisdom pre- vailing among both of Cayman’s major political parties. As Mr. Connolly rightfully points out, fostering an informal system of political patronage — where individ- uals obtain assistance by directly lobbying elected rep- resentatives — subverts legitimately structured public assistance programs and thwarts their intent, which ideally should be to empower people to break free from dependence on others … not addict them to it. Last week in the House, Mr. Connolly reiterated his concerns about vote buying and expressed his disap- pointment about the lack of support from his colleagues. He said that when politicians decide who gets handouts and who doesn’t, such “charity” could be seen as “corruption.” He said, “That could easily turn from one ‘c’ word to another.” We have received a considerable feedback on Mr. Connolly’s remarks. Many of our readers agree with him. Many don’t. One of our regular commenters was particularly, and characteristically, candid. She said the anti-vote buying motion would “cut [Mr. Connolly’s] voting popu- larity in half with the people.” She said people look forward to the “turkey, ham or fruit basket at Christmas, or a $50 food card now and then.” She said, “There are people who need that, and they deserve it, and I do not call it vote buying.” Suggesting lawmakers start saving now for the goodies they’ll soon be giving away to voters, our com- menter said, “Come 2017, politicians will be crawling up people’s front door for that one ‘X’ that can get them in. … The ‘X’s’ have never been free.” Really? Our view is that in a free society, the “X’s” must always be free. Anything else is too high a price to pay. Handouts to voters: Charity or vote buying? Letter to tHe editor Protect Cayman’s reef fish As a Caymanian I ap- prove of the Department of Environment’s marine parks expansion proposal. I am very much concerned how- ever, that if the goal is (as it should be) to restore his- toric reef fish populations rather than merely stop the decline, I believe that much more needs to be done to re- duce our take outside the protected areas in addition to expanding the parks. We will be increasing the risk of completely strip- ping the (soon to be smaller) fishing zones bare of ed- ible species if other current practices are not also mod- ified while we expand the parks. It is well past time for us to realize that our tiny reef shelf can no longer feed both our growing resident and tourist populations. In a nutshell, I propose that we limit our take from the reef to personal consumption numbers, by Caymanians only, by line only. I am writing this fully aware that we have many people here who will not understand how dire our reef fish decline is, but please consider what every old timer knows and I quote … “no suh, fishin ain’t like it was when I was a boy!” Changing our fishing regu- lations to become sustain- able in the face of changing realities is not about taking away our heritage, but rather it is about restoring this dwindling heritage that we will be passing down to our descendents. I am writing in the hope that those who do see the need for more protection, will join me by writing to the DOE before the Dec. 4 dead- line for public input to their proposed expansion. See the DOE proposal details at their website. My experience in the diving industry and knowing what drives divers to choose a destination strongly suggests to me that if divers currently spend ap- proximately $140 million per year visiting Cayman (by some estimates), we are likely falling short of our stay-over tourism potential by several hundred million dollars per year due to our grossly depleted reef fish population. The single most precious species for diving tourism (and food) is the precociously friendly Nassau grouper, yet it is among our most endangered. I would recommend total protection for all of our most endangered species in Grand Cayman (the grou- pers, cubera snappers and largest squabs) until num- bers fully recover. I would also strongly recommend a reasonable catch limit of perhaps four to six fish per person per day. Having no catch limit currently leaves spawning aggregations highly sus- ceptible (only the grouper spawning aggregation sites are protected). So far, every Caymanian sport fisherman that I have asked has said he would support a catch limit on the reef and many have said it is well past due time. I strongly recommend shifting the depth limit within the parks to 600 feet in order to be enforce- able and to create truly ef- fective parks. Fishing the deep edge of the parks’ reef means still allowing the same failure to continue that has plagued our parks for 29 years. Every Caymanian that I have asked has said he would support a Caymanian only fishing permit. A Caymanian only permit would eliminate a lot of today’s enmity to- ward expats while preserving use of our resources for Caymanians. More pointedly, it would go a long way to- ward reducing our take from the reef. Finally, I have not spoken to one fisherman who does not agree that we need more stringent enforcement of the laws. We need enforce- ment 24/7/365 island wide. Whatever DOE needs to ef- fectively enforce marine pro- tection should now be made available by requisition from the Environmental Protection Fund. The cost will be a drop in the bucket compared to the returns. Let’s do this right, so we can ensure food fish for Caymanians while tremen- dously increasing stay-over tourism income! If you agree that every effort should be made to reduce what we cur- rently take from the reef, please let the DOE know (in writing) before the Dec. 4 deadline for public input. We already missed one op- portunity in the mid ’80’s to restore our reef fish much faster and easier than it will be today. It’s been 29 years since the marine park was established, yet we’ve seen a massive continued decline. What will we be saying 29 years from now? Will we be lamenting an avoid- able loss or will we be able to catch our limit of (big) fish within minutes of wet- ting a line? Please see and share my 18 minute TEDx talk for more on this sub- ject at: www.youtube.com/ watch?v=1CkqA2s1oUk. Courtney platt 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” It is well past time for us to realize that our tiny reef shelf can no longer feed both our growing resident and tourist populations. In a nutshell, I propose that we limit our take from the reef to personal consumption numbers, by Caymanians only, by line only.5 LOCAL NEWS Cayman Compass • Wednesday december 2, 2015 ®/™ Trademark(s) of Royal Bank of Canada. Used under licence. ‡ All other trademark(s) are the property of their respective owner(s). More rewards faster Business spendPersonal and family spend Just one of the benefits of the RBC Rewards Visa‡ Business Platinum. You’ve worked hard to build your business, so reward yourself – by combining points from every RBC Rewards Visa Business Platinum card in your company. You can even combine your company points with your personal and family RBC Rewards Visa Platinum points to travel sooner! Plus, you get more great benefits – above and beyond what you get with some business cards. Call 949-4600 or visit any RBC Royal BankTM branch or go online at www.rbcroyalbank.com/caribbean/platinumbusiness. A business credit card that lets you combine employee, personal and family points. Only from RBC. New opportunities for filmmakers CayFilm back for 2016 James Whittaker jwhittaker@pinnaclemedialtd.com The Cayman Film Festival will be back next year and is looking to expand and in- clude new opportunities for local filmmakers to develop their talent. The event, this time, will feature the “48 Hour Film Project,” which challenges budding filmmakers to suffer through a “wild and sleepless weekend” to make a movie in two days. The project, held at dif- ferent film festivals around the world, will take place the week before the movie festival and the entries will be shown at the event. Tony Mark, director of the CayFilm International Film Festival, said the 2016 event would be expanded over three days from June 16-19 and feature a mix of movies from around the world, workshops and panel discussions. He expects to be able to announce some of the celeb- rity guests in the new year. “The planning is going well and we hope to have some big announcements about celebrities and special events soon. This year, we hope, will really put CayFilm on the festival map.” One new addition al- ready confirmed is the 48 Hour Film Project, a com- petition which started in Washington, D.C. in 2001 and now runs at festivals in more than 100 countries. Teams of filmmakers are assigned a genre, a char- acter, a prop and a line of dialogue and given two days to write, shoot and edit a short film involving those elements. Mr. Mark said the win- ning entries would go forward to the interna- tional competition at the Filmapalooza festival in Atlanta, with the eventual winner screened at the fa- mous Cannes festival. “The exciting thing is anyone can take part. You can shoot it on your iPhone if you want to,” he said. Another new addition to CayFilm 2016 is the Frank E. Flowers Local Filmmaker Award. The films must be made in Cayman or by a Caymanian and cannot have been shown previously at other local festivals or paid screenings. Local artists can submit their films be- tween Jan. 1 and April 15 at https://filmfreeway.com/ festival/CayFilm. Frank E. Flowers, the Caymanian writer/di- rector known for “Haven” and more recently for co- writing the crime drama “Metro Manila,” will present the award to the winning filmmakers. “There are so many op- portunities for filmmakers right now to get their work out there and get recog- nized,” said Mr. Mark, who ultimately hopes to develop a Cayman Media Academy on the island, offering cer- tificate programs for film students and evening work- shops for adults. “This year, we hope, will really put CayFilm on the festival map.” Tony Mark, film festival director Caymanian moviemaker Frank E. Flowers will present an award to a local filmmaker at next year’s CayFilm. CayFilm director Tony Mark at the opening of the 2015 Cayman International Film Festival in June. - PHOTO: MAGGIE JACKSONWednesday december 2, 2015 • Cayman Compass 6 DISTRICT DAYS In the Dec. 8, 1965 edition of the Caymanian Weekly, a predecessor of the Cayman Compass, Cayman Brac corre- spondent Lilian Ritch wrote about the visit of a British warship: “The visit of the anti-submarine frigate H.M.S. Rothesay, flagship of the British squadron stationed in the West Indies, was a great day in the history of the island. “From early morning the Islanders began gathering at the channel, the ear- liest arriving at 7:00 a.m., just in time to see the frigate heaving into view and steaming across the western tip of the is- land. They had the thrill of seeing the men lined up on her bow having their first view of the island. “By 8:00 a.m., the concrete pier pre- sented a colourful picture of happy ex- pectancy, with all the folks come together to express their welcome. Everybody was there – the young, the old, the children, the babes in arms. There were cameras, binoc- ulars and smiles everywhere. “At 9:00 our local ‘Steady Girl’ manned by Messrs. Winton Ritch and Olney Scott, the British flag waving in the breeze, re- turned from the vessel bringing our District Commissioner and the Chief of Police. They advised us that the Commodore and his party would land at 9:30 a.m., the men at 10:30 a.m. and visitors would be allowed aboard from 2-5 p.m.” Ms. Ritch wrote that after landing, there was a buffet lunch, followed by sightseeing and swimming for the vis- iting officers. Later, District Commissioner Anton Foster and his wife hosted a cock- tail party at their home. “The party was described by some of our young people as the most enjoy- able in a long while, perhaps because ‘the officers were all so very friendly and we responded.’” The petty officers and ship’s crew wished they could have stayed longer, Ms. Ritch wrote. “About 90 men came ashore. At dusk while waiting on the pier, there was evi- dence that ‘every nice girl loves a sailor,’ a few of the boys took last minute dips and the lovely tenors of ‘Auld Lang Syne’ said ‘We’ve had a happy day.’” 50 years ago Warship visit big news in Brac District Days Sister Islands Kelsey JuKam kjukam@pinnaclemedialtd.com For most kids, getting to school is simply a matter of hopping on a bus. Mathieu Pothier is not “most kids.” To get to school, the 10-year- old has to spend a lot of time on airplanes. Mathieu’s family is based in Little Cayman, where his father and mother, Marc and Sabine Pothier, manage Paradise Villas, an oceanside resort. The Pothiers have been living in Little Cayman for 17 years. Until this year, Mathieu attended school on the tiny island with a handful of other kids of various ages, who were all taught in one room by one teacher. Mrs. Pothier said that despite the small size of the Little Cayman school, the quality of the education was excellent. When Mathieu was one of the younger kids in class, she said he benefited from studying in the same lessons as the older kids, and was picking up advanced material very quickly. Soon, though, he became the oldest kid in the class as others moved away. “The schooling was very good; the teacher was excellent,” Mrs. Pothier said. “But it comes to an age where a kid is too old, and you’re going to be bored in Little Cayman.” Together, the Pothiers decided that Mathieu should attend school on Grand Cayman, where he would be able to partici- pate in extracurricular activities, and make friends with kids his own age. So this year, Mathieu began Year 6 at Cayman Prep, a school with a larger population than the entirety of Little Cayman. Mrs. Pothier said that some Little Cayman families move to Cayman Brac when their kids reach high school age, which is a move that especially makes sense for those who also have family on the Brac. She said they are the first family, as far as she knows, to be based in Little Cayman but have a child attend school in Grand Cayman. To make it work, the Pothiers rented an apartment in Grand Cayman and Mathieu and Mrs. Pothier fly home to Little Cayman most weekends, usually three times a month. That’s the arrangement they plan to keep up for the next six years until Mathieu finishes high school. “I did inquire with Cayman Airways if there was a possibility to buy tickets in bulk,” Mrs. Pothier said. Such frequent flying, both the expense and challenge of having to book flights early, is one downside of the arrangement, as is the separation from Mr. Pothier. For the most part, Mrs. Pothier said, it’s working fine, and has been a very positive experience for Mathieu. He is able to participate in sports like tennis, football and his favorite, hockey, which are generally not available for him on Little Cayman. Then there are music classes and language classes, like French and Spanish. While he was a bit overwhelmed the first couple of weeks, Mrs. Pothier said Mathieu adjusted quickly, aided by friendly fellow stu- dents and understanding teachers. “He’s really enjoying it,” Mrs. Pothier said. “So many days, he says, ‘Oh, school today was fun!” Little Cayman student attends school on Grand Cayman, where he can participate in more extracurricular activities and make friends with kids his own age. Jet-setting student flies to school Mathieu Pothier has adjusted well to attending a school with a larger population than Little Cayman, where he has lived his whole life.Cayman Compass • Wednesday december 2, 2015 DISTRICT DAYS 7 District Days Sister Islands KELSEY JUKAM kjukam@pinnaclemedialtd.com Before Harmony Learning Centre was founded in March 2011, there was no place in Cayman Brac where disabled adults could go to learn life skills – or even just participate in fun activities. Since then, the center has helped adults with disabilities who were previously stuck at home and socially isolated, providing them with educational and vocational program- ming designed to help them achieve their full potential. The program, which is not subsidized by the government, relies on donations to main- tain its operations and help a segment of so- ciety that is often forgotten. But now the non-profit organization founded and run en- tirely by volunteers needs help; by the end of December it will run out of funds needed to keep the center going. “The people with disabilities in the Brac deserve the same as anyone else out of life,” Harmony volunteer teacher Jocelyn St Pierre said. “There has to be more out of life than just being home … people want more from life than that, they want to be a contributing member of society and their community. These people need a place where they can continue to learn and grow.” After a 2002 survey found that 27 learning- disabled adults living in Cayman Brac could benefit from a facility similar what Grand Cayman’s Sunrise Adult Training Centre of- fered, government decided to start a branch of Sunrise on the smaller island. But those plans were derailed after Hurricane Ivan devastated Grand Cayman in 2004. Harmony Learning Centre In 2009, one family began exploring the idea again. Paula Malone, who is learning disabled, had retired from her job in Canada, where she had worked in a school cafeteria for 20 years. She moved to Cayman Brac to live with her mother, Barbara Malone. She loved the peaceful, sunny island, but was bored – there were few activities tailored for people with her abilities. So Paula’s sister, Angie Fawkes, and their mother, began meeting with the Education Department to see if plans to start a branch of Sunrise on the Brac could be revisited. “They loved the idea,” Ms. Fawkes said. “They love everything about it, but there is no funding for us.” Ms. Fawkes and her family and friends took matters into their own hands. They founded the Harmony Learning Centre in March 2011, and initially operated a monthly Saturday social program at the Heritage House, since the program did not yet have a teacher, or the funding to hire one. Eventually, one of Paula’s former teachers, Ms. St Pierre, who had come for a visit to the Brac, volunteered to run a day program eight months out of the year. “Since my retirement I have wanted to do something that would help people,” Ms. St Pierre said. “There was nothing in place for persons with a disability and [Paula] asked me to come and work here. I thought I could give her and others a chance at becoming more in- dependent and to be more involved in their community. I felt like I had another purpose in life.” The center’s day program, which began in October 2014, runs five days a week from 8:30 a.m. to 2 p.m. from October to April. The program provides assistance to five adults with learning disabilities between 18 and 58 years old. Learning life skills The Harmony Learning Centre teaches life skills like cooking, cleaning, personal grooming and gardening, and social skills through outings, teas and visiting the elderly. Program participants engage in daily physical exercise such as aerobics and dancing, and there is an academic component, tailored for each individual’s needs. They also make arts and crafts, many of which they sell to support the center. Since the day program began, Ms. Fawkes said that participants have made progress, with many proving that they are capable of doing things that no one ever expected of them. Ms. Fawkes’s sister, for example, recently learned how to do her own grocery shopping. “That’s a big ‘wow’,” Ms. Fawkes said. “Just one day a month, three hours, the fam- ilies were noticing progress, so now can you imagine a day program, five days a week?” Ms. St Pierre said that some program par- ticipants have learned to spell their names, solve basic math skills, and pick up life skills required to be independent. She sees how participants “take pride in what they accomplish independently or as a group.” “I have seen one person become much more independent in a very short time. This person would do nothing at first without her personal attendant to assist her,” Ms. St Pierre said. “She is now able to give directions to others and assist them when she can.” In the spring, the center hosted a fish fry fundraiser that each adult assisted with in some way. They also create Christmas crafts, some of which are sold at Pure Art in Grand Cayman. “One of our goals is to become self-suf- ficient,” Ms. Fawkes said. “So whatever we make, we sell to keep our program going.” Fundraising Recently, thanks to a $3,500 donation from Walkers, the center launched a gardening project. Program participants have wheel- chair accessible garden beds. Ms. Fawkes said they plan to use or sell all of what they grow. The vegetables can either go into their own lunches, or into the lunches that program par- ticipants make once a week, which they sell to the public. Despite the donations, keeping the pro- gram going has been a struggle. The center organizes fundraisers, like walkathons, fish fries and Christmas cookie sales, and occasional corporate sponsorships help keep the program going, too. Despite these efforts, the center is about to reach the bottom of its purse. It needs about $4,000 a month to run. Although Ms. St Pierre and other teachers vol- unteer their time, the center covers their living and travel expenses. Funds are also required to rent the house where the program is run, and to cover utilities and supplies. The center received a one-time $5,000 do- nation from the government about six months ago, but Ms. Fawkes said regular funding from government is unavailable until such time as the center is serving at least 15 people. The center could easily support that many people, but recruiting participants has been a challenge. Some families of learning disabled adults have been hesitant. “A lot of them don’t want to admit that their kids need anything,” said Laura Montoya, a friend of Ms. Fawkes who helps with the center. “They won’t try it out,” she said. “They have to experiment … It happens from seeing it happen, from the word of mouth, so this has to continue in order to even get one more or two more. The mentality is not going to change overnight.” Ms. Fawkes said that caregivers and par- ents of adults with disabilities sometimes do not realize that they need support, too, and that a place like Harmony helps them as well as their children. She said that many parents are elderly, which makes it even more neces- sary to teach life skills and foster the indepen- dence of adults with disabilities. Ms. St Pierre said she hopes that the gov- ernment will commit to funding the center, and that more parents of adults with disabil- ities become more involved in lobbying the government. She also hopes that the program can be a fully accessible site so that all partic- ipants are able to participate. “What we do at the center is try to help people reach their full potential, whatever this may be for them,” Ms. St Pierre said. “I am hoping that people will get a better under- standing of disabilities and start to focus on each person’s abilities instead.” The teacher said she wants people to un- derstand that each participant has “hopes and dreams,” the same as anyone else, and that the center can help them achieve those goals. “We just need to keep going,” Ms. Fawkes said. “Even if it’s just for one, we need to keep going.” Brac center for disabled adults faces funding shortfall From left, Joy Tibbetts, Jamaree Douglas and Paula Malone build garden beds at the Harmony Learning Centre. Harmony Learning Centre participants, from left, Vickie Scott, Jamaree Douglas, Joy Tibbetts and Paula Malone.The islands’ most-trusted news source 8 Wednesday december 2, 2015 • Cayman Compass who “tethers, confines or keeps any animal on a lead under such conditions or in such a manner to cause that animal unnecessary suf- fering” has committed an of- fense of “cruelty.” The law also states that an owner who leaves an an- imal “on a premises” has to make sure the animal is mon- itored periodically and has access to drinking water and food, is able to move freely, and has reasonable shelter against the sun and rain. The law says animals have to have access to accommo- dation that has appropriate drainage, is clean, ventilated and an appropriate size. According to the law, an animal owner who violates these conditions is “liable on summary conviction to a fine of four thousand dollars and to imprisonment for one year.” Two animal welfare of- ficers with the Department of Agriculture are assigned to investigate reports of an- imal cruelty and neglect. The investigating officers ex- amine the situation to deter- mine whether there are any potential animal welfare is- sues, and if there are, the owner is contacted. Their policy is to first at- tempt to educate and work with the owner to make sure acceptable animal welfare practices are followed. The officers will then make rec- ommendations regarding changes or improvements that must be made, deter- mine a time line for com- pliance, and conduct follow- up visits to ensure that the owner complies with the recommendations. Brian Crichlow, assistant director of the Department of Agriculture, said, “Only then, if education and co- operation fail to achieve the desired results,” does the department move to “en- forcement and prosecution,” although “in cases of se- vere animal cruelty or ne- glect, a different approach would be taken.” Mr. Crichlow said investi- gators find some form of vi- olation of the Animals Law in about 30 percent of the cases related to tethering, but “in the vast majority of instances, the violations are corrected through education and working with the owner.” The department does not receive reports about teth- ered animals very often, he said. In 2015, it received six reports in which someone was concerned about the condition of an animal that was rope-tied. Others who monitor ani- mals in the community said they receive reports about tethered animals more fre- quently. Sharon Hinds, pres- ident of the Cayman Islands Equestrian Foundation, said she gets calls weekly from concerned citizens about tethered horses. When she does, she checks to see whether the horse has shade and water, and whether it is injured or suffering from malnutrition. “I looked at one the other day. There was no shade, and it had kicked its water over,” Ms. Hinds said. She said she reports a case to the Agriculture Department if something is wrong, but that she does not call the department very often because by the time she gets out to check on the horse, many times it is ei- ther not in distress or it has been moved. Ms. Hinds said she gets a call usually once a week about a horse that is teth- ered along the side of Bobby Thompson Way, but she sees that the horse has water and is not in distress. “I can’t report it if I don’t see any serious violation,” Ms. Hinds said. “Do I think it is the best way to keep a horse, on the side of the road like that? No, I think it’s terrible. But we can’t be proactive to get that horse taken away un- less there’s a problem with it ... if the welfare officer takes a horse away, it’s because it’s serious neglect. Having a horse tied on the side of the road isn’t necessarily neglect in their eyes.” Even when owners are complying with the law, an animal may still be suffering or in danger, according to some experts. Brandy Darby, associate professor of veterinary clin- ical sciences at St. Matthew’s University, said she has seen tethering “really neg- atively impact the welfare” of some horses. “Things like rope burn in- juries around the legs, rope burn injuries around the neck of the animal where the tether becomes too tight ... they get tangled in it all the time,” Ms. Darby said. She said that in addition to seeing tethers that aren’t good for a horse’s welfare, the animals frequently do not have enough water. “There’s often a lack of shade, where they can’t get out of the sun, sometimes there are items in [their] en- vironment that are sharp and rocky, that could be a po- tential [cause of] injury,” Ms. Darby said. “And then a lot of them are tethered right by the road. If they hear a loud noise and they bolt and run. if they break free, they’re at risk [of] being hit by a car.” She said she thinks that in some cases of problem- atic tethering, a warning and efforts to educate the owner are sufficient. “Give the owner the ben- efit of the doubt. I’d cer- tainly rather see an owner be educated on how to keep his animal properly,” Ms. Darby said. In the past, Ms. Darby said, she has seen cases where the owner is a repeat offender and the treatment of an animal never alters de- spite multiple warnings, or the owner acquires another horse after authorities have already taken one away. “You need to step in at that stage,” Ms. Darby said. “And the law allows for that.” Ms. Darby said she is frustrated and saddened that “we allow this to go on.” “You can’t let bad become normal,” she said. “Someone has got to speak up and say this is not normal, this is not acceptable and we need to try to change this.” Ms. Darby added that parts of the Animals Law on tethering are vague. “‘Keep an animal under a lead under such conditions that cause unnecessary suffering.’ Well, what is unnecessary suf- fering? ... Why is any suf- fering acceptable?” she said. “There’s no definitions that go with these words.” The Animals Law states that the department can issue guidance as to the manner in which an animal can be tied up, and the Department of Agriculture has produced an educational brochure that elaborates on the conditions that should exist when an animal owner is tethering. The brochure is much more specific than what is written in the law, speci- fying that water should be kept in containers which cannot be tipped over, and that the tethering location should not be steep, rocky or waterlogged, and should be clear of rubbish, haz- ards, heavy brush, fences, wires and obstructions in which the animal could become tangled. The Department of Agriculture also told the Compass that the tethering of stallions is “discouraged due to their propensity to get loose when mares are in heat or when persons ride mares close to tethered stal- lions.” However, this is not specified in the Animals Law, nor in the department’s guidance brochure. According to Ms. Hinds, who represents the eques- trian foundation on the Animal Welfare Advisory Committee, which advises the government on policy mat- ters relating to the care of animals in the country, this will likely be part of the next revision of the Animals Law. “Why stallions and not mares and geldings, I have no idea,” Ms. Hinds said. She added that the eques- trian foundation is against tethering in general. “We don’t approve of it. We think it’s wrong, and we would like it to be against the law,” she said. Ms. Hinds said another modification to the law that might improve the way teth- ered animals are treated would be to give officers the ability to fine owners on the spot for violations, similar to the way traffic tickets are given. She said that the time and effort it takes to prosecute someone for a violation of the law makes it impractical. “By the time they go to the second visit, and they’ve complied with everything, then why are you taking them to court?” Ms. Hinds said. “Far better to go out there and talk to them, give them a warning, go back to them and if they haven’t done it, give a fine.” Ms. Hinds said that while she thinks “there’s no excuse for it,” the mistreatment or neglect of animals seems to have become more common because “the cost of living has gone up, and people are losing their jobs.” “Animals are the first things to be neglected,” Ms. Hinds said. “You feed yourself and your family before you feed your horse.” She said another issue ex- acerbating the problem is that people are just not edu- cated as to how to properly care for their animals. The Department of Agriculture says that while tethering cattle and horses, “is a traditional and common practice in the Cayman Islands, the Caribbean and many countries worldwide,” animal owners “must take care, be vigilant and monitor the animals regularly.” Animal tethering practices questioned CONTINUED FROM PAGE 1 Chicago mayor fires police chief in wake of video release CHICAGO (AP) – Mayor Rahm Emanuel fired the city’s po- lice superintendent Tuesday, a week after the release of a dash-cam video that showed a white Chicago officer fa- tally shooting a black teen- ager 16 times. Emanuel called a news conference to announce the dismissal of Garry McCarthy, who only days ago insisted to reporters that the mayor had his “back.” The mayor praised McCarthy’s leader- ship of the force but called it an “undeniable fact” that the public’s trust in the police had eroded. “Now is the time for fresh eyes and new leadership,” Emanuel said. Protesters have been calling for McCarthy’s dis- missal in response to the handling of the death of Laquan McDonald, a 17-year-old who was killed in October 2014. Some al- dermen, particularly mem- bers of the city council’s black caucus, have also been seeking McCarthy’s resigna- tion, citing the city’s crime rate and questions about the department transparency. The city released video of the shooting only after a judge ordered it to be made public. The release set off sev- eral days of largely peaceful protests. Officer Jason Van Dyke has been charged with first-degree murder. “Any case of excessive force or abuse of authority undermines the entire force and the trust we must build with every community in the city,” the mayor said. Police officers are only effec- tive “if they are trusted by all Chicagoans, whoever they are and wherever they live in the city.” Emanuel introduced McCarthy as his pick to lead the department in May 2011, replacing former FBI agent Jody Weis, who was unpop- ular with many rank-and-file officers who claimed Weis did not stand behind them. Alderman Howard Brookins Jr., a member of the black caucus, said he appre- ciated Emanuel’s “willingness to change course.” Emanuel, who also an- nounced a newly created task force on police ac- countability, said Chief of Detectives John Escalante will oversee the police de- partment until a permanent replacement is named. Chicago Mayor Rahm Emanuel and Police Superintendent Garry McCarthy at a press conference last month. - Photo: AP Concerns are being raised about the practice of tethering animals at roadsides in Cayman. - Photo: KELSEY JUKAMThe islands’ most-trusted news source 9 Cayman Compass • Wednesday december 2, 2015 “It is vitally important that we attend the JMC each year to keep the Cayman Islands in the forefront,” Mr. McLaughlin said before the meeting. “Through our participation, we can ensure that Cayman remains in the global spot- light and continues to build sustainable economies, create jobs and drive prosperity.” “Once we do these things, we can ensure a better quality of life for our citizens and vis- itors,” he added. While few agenda items are likely to prove contro- versial, Mr. McLaughlin led the Political Council in dis- cussions of beneficial own- ership – defined as someone who enjoys the benefits of owning an enterprise, yet whose name may not be on a company’s title. Cayman in particular has come under pressure from the U.K. in recent years to reverse long-standing legal practice and publish the names of beneficial owners. The moves are part of efforts by the G-8, the Organization for Economic Cooperation and Development, and the Financial Action Task Force to counter money laundering, bribery and corruption, in- sider dealings, tax fraud and terrorist financing. In its 46-page 2014 guid- ance “Transparency and Beneficial Ownership,” FATF said “the misuse of corporate vehicles could be significantly reduced if information re- garding both the legal owner and the beneficial owner, the source of the corporate vehi- cle’s assets, and its activities were readily available.” Cayman provides benefi- cial ownership documents to law-enforcement agencies, but has resisted public re- lease as part of privacy stat- utes supporting business confidentiality. In a Nov. 26 statement to the Legislative Assembly, Mr. McLaughlin reviewed 2013 ef- forts by the U.K. and the G-8 for a public, central register of beneficial ownership, adding that “just last week,” Mr. Duddridge had said the U.K. was seeking “direct access” by law-enforcement agencies to beneficial ownership infor- mation in both Cayman and other Overseas Territories. “This is not something to which the Cayman Islands can agree,” the premier told the assembly. Citing “established mech- anisms” for gaining access to the register,” Mr. McLaughlin said, “the information con- cerned does not belong to the Cayman Islands government,” but “is property of the owners of the respective legal entities. “There is no country in the world that allows unre- stricted access to beneficial ownership information by the law-enforcement agencies of another country.” To reveal the information without proper applications or having “cross-checked and verified” it “would place the Cayman Islands at a com- petitive disadvantage with other jurisdictions that do not permit unfettered access to beneficial ownership,” the premier said. “We will not agree to a public register unless and until that becomes the global standard and all of our com- petitors also subscribe to that standard,” he told legislators. Before Monday’s Political Council meeting, Mr. McLaughlin and Minister for Financial Services, Commerce and Environment Wayne Panton hosted the annual re- ception at the Cayman Islands Government London office for U.K.-based Caymanian uni- versity students. “Being in a room sur- rounded by the future of the Cayman Islands is a poignant reminder of why we are here and the importance of what we are striving to achieve during this week at the JMC,” said the premier, urging the group to take full advantage of potential apprenticeship and training opportunities while in the U.K. The premier left Cayman for London on Nov. 27, to attend a Political Council meeting – a gathering of Overseas Territories ministers – on Nov. 30. In a formal statement, he said it was “critical going into the JMC … that, wher- ever feasible, we as Overseas Territories, speak with one voice especially on areas of mutual interest, so this meeting is in essence our final tune-up before we sit with the U.K. government.” On Thursday, following the JMC, Mr. McLaughlin will speak at an invitation-only dinner for current and poten- tial Friends of Cayman. have had staff do it for her, and that she would not have done it at the re- quest of Mr. Halsall, only if the deposit was needed to assist the Health Services Authority. “I would not have [de- posited the check] person- ally,” she said. But Mr. Burke ar- gued that Ms. Yearwood did assist in “moving the CarePay contract for- ward” by agreeing that the Health Services Authority would pay the full amount due up front at the start of the contract and seek re- imbursement for half of the US$686,000 from the Cayman Islands National Insurance Company once appropriate officials had returned to the island to authorize payment. Mr. Burke said Ms. Yearwood would have “bought into the urgency” of implementing the CarePay contract in order to help collect hospital bills from patients that to- taled about $1 million per month during 2010. The lead defense counsel said during opening speeches at the trial last week that a number of high ranking officials in the Cayman Islands government were enthusiastic in their sup- port for the AIS agree- ment and the CarePay con- tract. That support soured later on, he said, as tech- nical problems with the system arose and ques- tions started to be asked regarding who was behind AIS Cayman Ltd. Disclosures During testimony in the trial Monday afternoon, Ms. Yearwood was asked whether Watson disclosed to her any personal inter- ests he might have held in AIS Cayman Ltd. “Absolutely not,” she re- plied. “At one point in time, I spoke to him because it was rumored …” At this point in the trial, Deputy Director of Prosecutions Patrick Moran stood up and indi- cated he did not wish Ms. Yearwood testifying to “ru- mors” before the court. Ms. Yearwood was not able to finish her answer to that question. Mr. Moran asked whether Watson had ever disclosed any details of his financial benefit with regard to the CarePay contract or the company known as The W Group that prosecutors said he ran with Webb. “No, sir,” Ms. Yearwood answered, adding that she also did not recall anything regarding AIS Consulting Ltd. – a com- pany prosecutors said Watson had formed in the British Virgin Islands – being mentioned to her at the time. Mr. Moran asked whether Ms. Yearwood was aware that Watson had “paid in” the US$686,000 check for the CarePay contract to the AIS Cayman Ltd. bank ac- count. Ms. Yearwood re- plied that Watson had col- lected the check from the Health Services Authority. “Is that normal, for a board chairman to col- lect a check for a company that’s contracted with the Health Services Authority?” Mr. Moran asked. “No, sir,” Ms. Yearwood replied. CarePay trial Watson collected, deposited check for CarePay contract CONTINUED FROM PAGE 1 Ms. yearwood OTs, London officials expect to broach beneficial ownership CONTINUED FROM PAGE 1 Shooting witness says he saw gunman in ‘Halloween mask’ Carol Winker cwinker@pinnaclemedialtd.com A gas station pump atten- dant told the court hearing the Devon Anglin trial he saw a gunman in a Halloween mask at the Hell Service Station the night 4-year- old Jeremiah Barnes was shot dead. Carlos Ebanks was working at the gas station on Feb. 15, 2010, when the shooting occurred. Asked what his first re- action was when he saw the mask, Mr. Ebanks replied, “I thought someone was coming to play a prank on someone.” Mr. Ebanks was giving evidence in the retrial of Anglin, who is accused of murdering Jeremiah, at- tempting to murder the child’s father Andy Barnes, and possession of an unli- censed firearm. The witness told Justice Charles Quin that Andy Barnes had driven into the station and was at pump 1 getting gas at the east end of the station. Mr. Ebanks said he was assisting cus- tomers at pumps 3 and 4 at the west end of the station at the time. Mr. Ebanks said the gunman was wearing dark trousers and a light greenish jacket with the hood up that obscured the head. He could not make out any facial features, although the side of the face toward him was not fully covered. He described the mask as bluish or bluish-green in color. As the person walked to- ward pump 1, Mr. Ebanks saw him pull a gun from his side. After the shooting, the gunman ran toward the back of the station where Mr. Ebanks had seen a car pull in moments earlier. Three other witnesses have also given evidence about the face of the shooter being covered. Andy Barnes said that when the shooter came around the corner of the building, he was trying to fix a bandana over his face and when he finished, it was above his nose, so that Mr. Barnes could see his eyes clearly. Dorlisa Barnes, his wife and mother of Jeremiah, was in the front passenger seat of the car at the time of the shooting. She said she saw Anglin coming around the corner of the building. When she first saw him, he was bare-faced. Then he brought something up to mask his face. Expert video analyst Grant Fredericks showed an enlargement of the shoot- er’s head from CCTV footage taken by a camera out- side the service station’s store door. From the magnified image, it appeared that the shooter had a mask from the bridge of his nose to below his jaw. Mr. Fredericks con- cluded it was a bandana- style, bluish-purplish item covering the person’s nose, mouth and chin area. 2016 public holidays announced The government on Tuesday confirmed the dates of the public holidays for 2016. There will be 11 public holidays: New Year’s Day, Friday, Jan. 1; National Heroes Day, Monday, Jan. 25; Ash Wednesday, Feb. 10; Good Friday, March 25; Easter Monday, March 28; Discovery Day, Monday, May 16; Queen’s Birthday, tentatively Monday, June 13; Constitution Day, Monday, July 4; Remembrance Day, Monday, Nov. 14; Christmas Day, Monday, Dec. 26 (ob- served as Dec. 25 falls on a Sunday); Boxing Day, Tuesday, Dec. 27 (observed as Dec. 26 is designated as the Christmas Day holiday). Hell Service Station on the night 4-year-old Jeremiah Barnes was shot. - phoTo: bRenT FulleRNext >