ESTABLISHED 1965 www.caymancompass.com – 50 CENTS – Wednesday February 24, 2016 sports | page 16 Cruise passengers run For Fun High of 86 Low of 74 Slight to moderate with wave heights of 2 to 4 feet. editorial | page 4 suzy soto: a true treasure oF these islands Visitor beaten, robbed in sMb area brent Fuller bfuller@pinnaclemedialtd.com A tourist who was visiting the Cayman Islands for the first time was attacked and robbed near an apartment complex in the Raleigh Quay area early Tuesday. The 29-year-old man had been at Calico Jack’s bar until around 1 a.m. After leaving the bar, he walked along the road near the intersection of Raleigh Quay and the Esterley Tibbetts Highway where police said he was assailed. According to reports received by the Cayman Compass, a vehicle pulled up along- side the victim and a man stepped from it wielding a knife. The victim tried to run but was caught and beaten by the suspect. He suf- fered a broken arm and injuries to his face. A police report stated: “The passenger ex- ited the vehicle armed with a knife, dressed all in black, with a black scarf covering his face. The passenger threatened and kicked the man about his body while demanding his wallet. The victim threw his wallet out of his pocket, which the [suspect] picked up.” The male driver of the vehicle was not in- volved in the attack, the victim told police. The suspect took the victim’s wallet, which had about $60 inside, and got back into the vehicle, which then sped off. No arrests had been reported in the attack as of press time Tuesday. The victim, who is from Germany, was treated overnight at the Cayman Islands Hospital and released Tuesday morning. Anyone with information regarding this incident is asked to call the George Town Criminal Investigation Department at 949-4222 or the Miami-based call centre of Crime Stoppers at 800-8477(TIPS). Joint enterprise crimes could be reviewed James Whittaker jwhittaker@pinnaclemedialtd.com The U.K. Supreme Court has ruled that the law on “joint en- terprise” – which allows someone to be convicted of murder even if they did not strike the fatal blow – has been wrongly interpreted for more than three decades. The historic legal judg- ment changes the way the courts in all jurisdictions which use U.K. Common Law, in- cluding the Cayman Islands, handle some crimes involving multiple defendants. It is expected to pave the way for a number of high-pro- file cases in the U.K. and the Cayman Islands to be re-exam- ined, but lawyers here say it will not “open the floodgates” for a series of appeals. The joint enterprise law has been a feature of multiple cases in the Cayman Islands, from bank robberies to abduction and murder. Joint enterprise is used to convict multiple defendants who Weather keeps 54,000 cruise passengers away Cayman missed out on nearly 54,000 cruise ship passengers because of poor weather conditions in January and February. While rough seas in and around Hog Sty Bay in recent weeks diverted several ships to the Spotts cruise landing, other ships passed by the island entirely and stakeholders estimate a total revenue loss of at least $5 million for the island as a result. For more on this story, see page 9. – Photo: Kelsey JuKaM PLEASE TURN TO PAGE 8 » unemployment rate falls sharply Total population more than 60,000, survey says brent Fuller bfuller@pinnaclemedialtd.com Cayman’s overall unemployment rate fell from 5.6 percent in spring 2015 to 4.2 per- cent in fall 2015, the government Office of Economics and Statistics reported Tuesday. The drop in the jobless rate was solely due to a decrease in unemployment numbers among Caymanians. The ESO statistics revealed that just more than 1,200 Caymanians were jobless in fall 2015, compared to 1,562 Caymanians without employment in fall 2014. The unemployment rate for Caymanian workers stood at 6.2 per- cent in fall 2015, the lowest it has been since the global financial crisis of 2009-2010. Conversely, the number of unemployed per- manent residents rose during the same period. There were 129 (2.8 percent) permanent resi- dents jobless in fall 2014, compared to 283 (6.6 percent) in fall 2015. The unemployment rate among non-Cay- manian workers also rose slightly, from 0.9 percent to 1.4 percent during the same period. Typically, the unemployment rate for work permit holders is quite low because they are not allowed to stay on island without a job. “The continued decline in the Caymanian unemployment rate from 9.4 percent in 2013 to 6.2 percent in 2015, is the outcome of delib- erate economic policies and strategies bearing fruit,” Finance Minister Marco Archer said. “This was achieved through cooperation and hard work between the business community, the public sector and the wider society. “I recognize that achieving full employ- ment for Caymanians in the medium term may not be easy, but it is also not impos- sible and requires additional training, a pos- itive attitude and a willingness to offer em- ployment opportunities.” The 4.2 percent overall jobless rate was also lauded by the Cayman Islands Chamber of Commerce this week. “If this was the U.S., [the statistics] would be taken as full employment,” Chamber President Paul Pearson said. PLEASE TURN TO PAGE 9 »2 LOCAL NEWS Wednesday February 24, 2016 • Cayman Compass SATURDAY NIGHT: For your viewing pleasure, minors under the age of 18 will not be admitted to any film starting after 6pm, unless accompanied by their parent. © y x *Additional charges will apply per 3D ticket requested. - WEDNESDAY - ZOOLANDER 2 (PG13) 12:50 I 3:15 I 7:30 I 10:00 DEADPOOL (R) 1:00 I 3:30 I 7:00 I 9:30 KUNG FU PANDA 3 3D (PG) 12:20 I 2:40 2D I 5:00 I 7:20 2D I 9:40 50 SHADES OF BLACK (R) 1:30 I 4:10 I 7:40 I 10:10 THE BOY (PG) 1:20 I 4:30 I 7:15 I 9:35 HOW TO BE SINGLE (R) 1:10 I 3:50 I 7:10 I 9:50 Daily Matinees Every Day $8.00 Seniors, Mon-Fri Before 6pm Cayman Cinema@cbcinema6cbcinema6 640-FILM (640-3456) First lionfish tournament of 2016 to be held this weekend Scuba divers will take to the water this weekend to catch invasive lionfish as the first Cayman United Lionfish League tournament of 2016 kicks off. Foster’s Food Fair IGA has given a $20,000 spon- sorship to help fund the CULL tournament. Lionfish are an invasive species in the Atlantic Ocean and Caribbean Sea and threaten reef ecosystems. “Being fairly new to our waters, the large predator fish do not see them as prey yet, so their numbers are in- creasing rapidly,” said Mark Orr from the Department of Environment. “They are also voracious eaters, so they are wiping out the small grazer fish on the reefs. Without the grazers, our reefs become threatened from algae over- growth which can smother the coral.” Lionfish are proficient re- producers – one alone can produce 30,000 eggs every four days – making their population hard to manage. Cayman’s best tactic for managing the population has been for scuba divers to catch the lionfish and remove them from the reef. “The dive industry has been doing a great job culling lionfish on a daily basis around the popular dive sites, but there is a lot of the island that is not reached by the dive industry,” said Mr. Orr. “CULL tournaments are an important part of the ef- forts to control lionfish be- cause our teams travel to the areas around the island where divers do not go on a regular basis, cleaning out the majority of lionfish in those areas.” This is the 17th CULL tournament in Cayman. Pre- event registration for diving teams who want to take part will be held on Thursday at Duke’s Seafood and Rib Shack on West Bay Road or at Ocean Frontiers in East End, from 5-8 p.m. There will be cash prizes for the team that catches the biggest lionfish, the smallest lionfish, the most caught and the biggest overall weight of the catch. Teams can be made up of a minimum of two people and a maximum of eight, and each team must have at least one DoE- licensed lionfish culler. Foster’s is supporting the CULL tournament as a gold sponsor for the third time. In addition, the Cayman Islands Tourism Association has been supporting the event since 2012. “Foster’s is very happy to again partner up with CITA and CULL to work towards keeping the lionfish popula- tion down on our reefs,” said Foster’s Food Fair Managing Director Woody Foster. “The monies collected from a charge on plastic bags in the stores is being put to good use to assist with funding this and other environmental programs in the community.” Tiffany Dixon-Ebanks, executive director of the tourism association, said the organization is happy to sponsor the tournaments and the CULL organization generally, and expressed its gratitude to Foster’s for its support. “Every fish caught for the CULL is analyzed by the Department of Environment, and then sold to local restau- rants,” she said. “This makes culling tournaments valuable to our society both scientifi- cally, for data gathering, and socially by providing us with a sustainable local fish to enjoy at restaurants.” The tournament will be held on Saturday and Sunday. The public is in- vited to attend the weigh- ins on both nights, from 4-6 p.m. at Duke’s Seafood and Rib Shack on West Bay Road. Free samples of pre- pared lionfish will be served at the event. airport adopts one-way road system The Cayman Islands Airports Authority announced this week that a new clockwise one-way traffic flow system is being adopted at Owen Roberts International Airport. Previously, vehicles could travel counter-clockwise around the part of the airport loop road in between the short-term and long- term parking areas. Now, all vehicles will have to travel clockwise once they are on the loop road, traveling by the arrivals and departures curb areas. White tip beer rebrands as ‘Guy harvey’s’ Kelsey JuKam kjukam@pinnaclemedialtd.com The Cayman Islands Brewery is partnering with artist and conservationist Guy Harvey to raise more money for marine conser- vation and shark research and to boost the brand’s recognition as the com- pany prepares to launch its White Tip lager in the U.S. market. The beer brand has been relaunched as “Guy Harvey’s White Tip,” with its branding featuring Mr. Harvey’s artwork and sig- nature. His artwork will also appear on the brew- ery’s T-shirts, hats, key chains and glasses. The brewery began selling White Tip four years ago, donating 5 cents from every bottle and can sold to the Department of Environment’s marine con- servation fund. The brewery has been collaborating with Mr. Harvey for the past two years, donating a portion of White Tip profits to the con- servationist’s foundation, which researches sharks. “This is a tremendous opportunity for the brewery because Guy Harvey is a world-renowned name,” brewery spokesman Matthew Leslie said. “If you live on the East Coast or you’re a fisherman, you know who Guy Harvey is.” Mr. Leslie said the new brand will help the brewery “get a strong footing” when it launches White Tip in the U.S. in the next two months. He said the brewery will first begin selling White Tip in areas where Guy Harvey is well-known, such as South Florida.3 LOCAL NEWS Cayman Compass • Wednesday February 24, 2016 †Conditions apply. Subject to credit approval. Offers subject to change without notice. Customers earn 7,000 AAdvantage Miles as follows. You earn a welcome bonus of 3,000 AAdvantage Miles on your first purchase of any amount. 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Apply today and get FREE† additional cards! †† Cash Back Scotiabank / AAdvantage® MasterCard® Get a Welcome Bonus of up to 7,000 AAdvantage® miles† Scotiabank Gold® MasterCard® Get a Welcome Bonus of US$40† Cash Back Scotiabank Gold® MasterCard® Travel Rewards ®Scotiabank / AAdvantage® MasterCard®Scotiabank / AAdvantage® MasterCard® Discover what’s possible JP, QC appointed to prisoner release board Brent Fuller bfuller@pinnaclemedialtd.com A former magistrate and a Queen’s Counsel have been appointed to lead the first Cayman Islands Conditional Release Board, created under new legislation governing the release of convicted prisoners on license. The nine-person board will be chaired by Debra Humphreys, a retired vice president at Cayman National Bank and former head of the Cayman Islands Justices of the Peace Association. Ms. Humphreys also served as a court magistrate in Cayman. Richard de Lacy, QC, has been appointed as deputy chairman of the board. The other seven ap- pointed members an- nounced this week include attorneys Timothy Derrick and Nicholas Dunne, min- ister of religion Godfrey Meghoo, educational psy- chologist Susan Bodden, Baraud recruitment man- ager Alan Brady, former at- torney and HospiceCare staffer Danielle Coleman and Alecia La Toya Folkes. The board will meet pe- riodically to consider the re- lease of prisoners who have served up to 60 percent of their sentence under the new Conditional Release Law. The board will also consider the recall of certain paroled pris- oners who are alleged to have violated their terms of super- vised release. Governor Helen Kilpatrick said the board should con- sist of members with “diverse skills” who are committed to the rehabilitation of of- fenders and public safety. The Conditional Release Law, passed unanimously in October 2014 and put into ef- fect this month, introduces a system that sets general guidelines for the release of all prisoners on license con- ditions. It applies to all in- mates, including juveniles, and to those already serving a life sentence without the possibility of parole. In criminal cases, the sen- tencing guidelines – called tariffs – are largely left to the court’s discretion. The only exception stated in the law is for murder offenses, which require a sentence of 30 years prior to any consideration of release on license. In cases where there are aggravated or extenuating circumstances surrounding the killing, the prison term can be set higher or lower by a judge. All other criminal of- fenses that carry more than a one-year sentence re- quire the offender, under the Conditional Release Law, to serve at least 60 percent of that sentence in prison. If the prisoner is deemed to no longer be a threat to the community, he or she will serve the remainder of the sentence under super- vised release. Sentences of a year or less require re- lease after 60 percent of the jail term is served, barring exceptional circumstances. Prison visitors arrested for smuggling Two people visiting in- mates at Northward prison over the weekend were ar- rested on suspicion of smuggling contraband. When the visitors were searched, prison officers discovered ganja and a cell- phone. The visitors were de- tained to await the arrival of police officers from the Bodden Town Police Station. “I am very proud of my staff,” said Director of Prisons Neil Lavis. “They did a thorough job of in- specting and searching those entering the prison. When we find something, we will prosecute to the full extent of the law.” The Prison Law specif- ically addresses bringing contraband into prison fa- cilities. If found guilty, of- fenders face steep penal- ties, including prison time. “If members of the public take the risk of throwing items over the perimeter wall or smuggling items in to prisoners, they are making the decision to face serving time themselves,” said Mr. Lavis. “We are working very hard to stem the flow of cell- phones, drugs and alcohol into the prisons. But our ef- forts will only be successful with the cooperation [of] the community.” Some of the contraband found on Northward prison visitors this past weekend. The board will meet periodically to consider the release of prisoners who have served up to 60 percent of their prison sentence under the new Conditional Release Law. Richard de Lacy, QCDanielle Coleman New Proud of Them recipients chosen Twelve people have been chosen in this year’s Proud of Them initiative to be fea- tured on roadside billboards around Grand Cayman. Highlighted for their ef- forts, achievements and po- tential in academics, com- munity service, culture and/or sports, the recipi- ents were presented with their certificates and cash prizes on Feb. 18 by Youth Minister Osbourne Bodden at the George Town Yacht Club, with their families in attendance. This year’s recipients are: Jessica Ebanks (Academics), Brett Mobley (Community Service), Chauntol Hylton (Academics), Ned Miller (Culture), David Lee (Academics), Kory McLean (Academics/Sports), Marika Scotland (Academics/ Community Service), James Geary (Sports/Community Service), Jacie Mascarenhas (Academics/Community Service), Cole Morgan (Sports), Ileann Powery (Sports) and Arin Taylor (Sports). This is the fifth round of the Proud of Them initiative, which was launched in 2012 as a way to celebrate the achievements of the young people of Cayman. To date, 60 young men and women have been fea- tured in the program. At last week’s ceremony, Minister Bodden said of the recipients, “They are a fan- tastic, committed group of young leaders. I congratu- late them, their parents and extended family for pro- ducing young citizens of such caliber.” Pictured with the ministry’s chief officer, Dorine Whittaker, third from left, and Minister Osbourne Bodden, fourth from left, are Proud of Them recipients, from left, Ned Miller, Kory McLean, James Geary and Cole Morgan, and seated, from left, Chauntol Hylton, Ileann Powery, Jacie Mascarenhas and Marika Scotland. (Several awardees were absent.)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. 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 findtheirownway” During the Cayman Heart Fund Red Dress Gala held Friday night at the Grand Cayman Marriott, fund founder and Chairman Emeritus Suzy Soto said this is the last year she would be involved with orchestrating the event. Knowing Mrs. Soto and her level of energy as we do, we’re not going to hold her to that statement 100 percent. Nevertheless, now is a good time to take a moment to pay tribute to Mrs. Soto for her immeasurable contributions to the Heart Fund, other causes, the hospi- tality industry and the Cayman Islands as a whole. About four months ago, Mrs. Soto received the Cayman Culinary Society’s Lifetime Achievement Award. (In addition to founding the Heart Fund, Mrs. Soto was one of the principle movers behind the first Taste of Cayman celebration in 1988 — just to give our readers a taste of Mrs. Soto’s myriad of contributions to the community.) During her acceptance speech, she regaled the audience with stories about her “early days” in Grand Cayman, when she and her first husband Eric Bergstrom established the Tortuga Club in East End in 1963. She would go on to open the Cracked Conch Restaurant in 1981, which she sold in 2005. It was there, at the Cracked Conch, that the Cayman Heart Fund was born. In 2007, at her own birthday party at the restaurant, Mrs. Soto declined gifts, and instead collected checks from her guests to start the fund. The Heart Fund and its annual gala have, of course, grown since then. The event now attracts some 300 attendees and raises an average of $30,000 to $35,000 per year. The money goes to a number of programs and services, including the Cayman Islands Hospital cardiac recovery unit; portable defibrillators in public schools on both Grand Cayman and Cayman Brac, and in the RCIPS helicopter; an annual health fair; the Children’s Health Task Force in public schools; doctors’ symposiums; last year’s celebration of World Heart Day; and ongoing efforts to purchase a new ambulance for the public hospital. If anyone has earned the right to take some time off and relax with family, it’s Mrs. Soto. Of course, we don’t know how “relaxing” that might be, considering Mrs. Soto, with her late husband Bob Soto, have eight children, 19 grandchildren and six great-grandchildren, at last count! Scuba diving pioneer Mr. Soto, himself a local legend in his own right, was perhaps Cayman’s greatest treasure hunter. Now, Mrs. Soto may or may not be a hero, but she certainly is a treasure — this Mr. Soto well knew. At the end of last year, Mrs. Soto published a biog- raphy of Mr. Soto, filled with stories told in his own words, called “Extraordinary Adventures.” In the book, an entire chapter is dedicated to his wife, called, “Adventures with Suzy: 1998-2006.” One anecdote, “A dangerous night in Little Cayman,” recalls their building of Sir Turtle Beach Villas in Little Cayman. It was, as they say, a dark and stormy night on the tiny Sister Island, when Mrs. Soto started expe- riencing chest pains. Medical personnel at the Little Cayman Clinic instructed Mrs. Soto to get to Cayman Brac right away. The problem was — no flights were being allowed, because of the weather. Eventually they were able to secure a boat (what else, considering it’s the Sotos), and made good their journey despite rough seas. We’ll allow Mr. Soto to continue the story here: “We made it to the Brac, got to the hospital and I went to get the car. When I returned to the hospital, Suzy was lying on the cart and I asked why they were not taking her in and the doctor said, ‘We’re dealing with an emergency, a man tried to kill himself by stabbing himself in the stomach.’ “I said, ‘Well, he wants to die and my wife wants to live, so tend to her now!’” And what a life she has led. Suzy Soto: A true treasure of these islands Wednesday February 24, 2016 • Cayman COmpass Letter to the editor On ‘joint enterprise’ The recent decision of the U.K. Supreme Court in the cases of Jogee and Ruddock, decided together only days ago, is sending rip- ples through the legal frater- nity and the community as a whole. For about 30 years, the courts in the U.K. have applied the doctrine of joint enterprise which, even then, was not entirely new in the Commonwealth. Though the doctrine applies to all of- fenses, it receives more con- spicuous attention in murder cases. In that application, ba- sically it says that if a person commits murder, any other person who participated in the planned killing is as guilty as the person who pulled the trigger. For this purpose, par- ticipation includes enabling, aiding, abetting, counseling or procuring. This principle is enacted in section 18 of the Cayman Penal Code. Historically controversial cases arise where something that was not in the specific plans happens. For example, two offenders decide to rob a bank and that each will carry a loaded gun. However, due to the exigencies of the situation, one of the offenders shoots and kills someone. Before now, it was generally held that in such a case the possi- bility of shooting was foresee- able and therefore the further offense (murder in this case) must also be automatically ascribed to the other gunman. All that the prosecutor needs to show is – the obvious in this particular case – the fore- seeability of killing someone in the course of the robbery. In the first of the two cases, Jogee and Hirsi went to the flat where the deceased lived and there was an altercation. At one point, the deceased was in the hallway. Hirsi was in- side the front door, armed with a knife he had gotten from the kitchen. Jogee was outside, striking a car with a bottle and shouting encouragement to Hirsi to do something to the deceased. At some stage Jogee came to the doorway, with the bottle raised, and leaned forward past Hirsi towards the deceased, saying that he wanted to smash it over the de- ceased’s head, but he was too far away. The altercation ended when Hirsi finally stabbed the deceased, killing him. Hirsi pleaded guilty to murder. The issue was whether Jogee was also guilty of murder. Jogee, who knew that Hirsi had a knife and might cause really serious bodily harm, was also convicted of the murder, this on the basis of the joint enter- prise principle. In considering the appeal, the court accepted the rel- evance of foresight but said that what is illegitimate is to treat foresight as “an in- evitable yardstick of common purpose.” In other words, the fact that shooting and pos- sibly killing someone was foreseeable does not auto- matically make the second gunman guilty of murder. A court has to go further to examine the extent to which that foresight is relevant to the incidental offense. The court explained that the choice of disposal of the case was whether to quash Jogee’s conviction for murder and order a re-trial or whether to quash his conviction for murder and substitute a con- viction for manslaughter. The court then quashed the con- viction and invited the parties to make written submissions on that question. A decision on this will come later. In the second case, origi- nating in Jamaica, basically Ruddock and Hudson robbed the deceased of his car. He was later found dead. Hudson pleaded guilty to the murder. Ruddock essentially denied the murder but admitted par- ticipating in tying up the de- ceased, an act consistent with robbery but not necessarily murder. The trial judge failed to tell the jury that if they were sure that Ruddock was a party to carrying out the rob- bery, it did not automatically follow that he was also party to the murder of the deceased. However, again on the basis of the principle, Ruddock was convicted of murder. The effect of these cases is that prosecutors will have a heavier burden to prove the incidental offense in relation to the secondary participant. They must not only advance the foreseeability argument, but go further to show how foresight played into the in- cidental offense. However, whereas in the past the choice was to get a conviction on the same offense as the prin- cipal offender or face an ac- quittal, now they can seek, as an alternative, a conviction for a lesser offense, in this case manslaughter. The result is likely to be that some of- fenders who might have been acquitted altogether may now be convicted, not of murder but manslaughter. It is also possible that since now judges also have the option to con- vict for manslaughter, some offenders who might have been convicted of murder may now be convicted only of manslaughter. The effect of the ruling on past convictions is already being debated. However, it is unlikely that many past con- victions will be reopened. This is mainly because the court reaffirmed the prin- ciple that where a conviction has been arrived at by faith- fully applying the case law as it stood at the time, it can be set aside only by seeking ex- ceptional leave to appeal out of time. It further observed that an appeal court has power to grant such leave, and may do so if there is sub- stantial injustice, but it will not do so simply because the law applied has now been de- clared to have been mistaken. In other words, the mere fact that previous miscon- ceptions about the meaning of a statute have been put right does not afford a proper ground for allowing an exten- sion of time in which to ap- peal against conviction. To put it simply, applications for leave to appeal out of time on the basis of the new ruling are likely to be granted only in particularly harsh appli- cations of the old principle. The length of time that has passed since the conviction is likely to be a factor. Further, the fact that since the coming into force of the Conditional Release Law in Cayman, even those sentenced to life im- prisonment for murder will all return to court to be given finite sentences is likely to in- fluence the courts’ decisions on extension of time. Finally, the ruling also illus- trates how sometimes princi- ples that are largely sound can be challenged by exotic facts, resulting in the refinement of a long-standing principle. Bilika H. simamba, Consultant Legislative Counsel5 LOCAL NEWS Cayman Compass • Wednesday February 24, 2016 Clarendon ‘in mourning’ over NRA worker’s death BReNt FulleR bfuller@pinnaclemedialtd.com Family members in Cayman and Jamaica are grieving the passing of Denvil Mitchell in a late Sunday motorcycle-SUV crash on Grand Cayman. Mr. Mitchell, 40, origi- nally from the Milk River district in Clarendon parish in Jamaica, had lived in Cayman for more than a de- cade and was married to the eldest daughter of West Bay MLA Capt. Eugene Ebanks. “The district is in mourning today,” said Mr. Mitchell’s friend Carlton Williams, referring to Milk River in Jamaica where Mr. Mitchell was born. Mr. Williams received a call shortly after Sunday’s fatal accident, but said he and Chris Johnson, a cousin of Mr. Mitchell’s, did not re- alize the seriousness of the crash at first. “We thought it was just something minor,” he said. They attended the Cayman Islands Hospital later Sunday night to find Mr. Mitchell had died. “He was a good, jovial person, very friendly,” Mr. Williams said. “I was shocked [by the death].” “He was always having his jokes,” added Mr. Johnson. The two believe Mr. Mitchell had been at a pool tournament in East End earlier in the evening and was on his way back. Mr. Johnson said Mr. Mitchell had phoned him just before the crash occurred to say he was coming over to Mr. Johnson’s house. Mr. Mitchell was de- scribed by the two as a mo- torcycle enthusiast and they noted he “knew how to handle a bike.” Neither man wished to comment on how they believed the accident occurred. A family meeting was held Monday night at Capt. Eugene’s home in West Bay for grieving relatives. Police arrested the 53-year-old driver of a Kia SUV who was suspected of drunken driving and causing death by dangerous driving. The Kia collided with Mr. Mitchell’s motorbike along Shamrock Road in Savannah across from the Countryside Shopping Centre just after 8 p.m. Sunday. No charges had been filed as of press time Tuesday. Mr. Mitchell has a 12-year-old son from a pre- vious relationship who lives in Jamaica. He worked for the Cayman Islands National Roads Authority as a machine op- erator between 2006 and this year, with a brief break be- tween 2010 and 2011. Many of his relatives still live in Jamaica, including brothers, a sister and other close relatives, Mr. Johnson said, but Cayman was where he had made his home. “This is where he was planning to stay for the rest of his life,” Mr. Johnson said. “He was a good, jovial person, very friendly. I was shocked [by the death].” Carlton Williams Denvil Mitchell poses for a photo with his motorcycle. Marathon public accounts meetings scheduled this week BReNt FulleR bfuller@pinnaclemedialtd.com A total of eight reports completed by the Cayman Islands Auditor General’s of- fice between 2014 and 2015 will be reviewed in the space of three days this week. The auditor’s office an- nounced Tuesday that the Public Accounts Committee would meet to review the re- ports, which cover a wide va- riety of subjects, between Wednesday morning and Friday evening. It will be the first time the accounts com- mittee, made up of five law- makers and chaired by North Side MLA Ezzard Miller, has met since October. This will also be the first accounts com- mittee meeting to be chaired by Mr. Miller since he resigned the post during the former United Democratic Party gov- ernment’s administration. The committee, which in- cludes Mr. Miller, government backbench MLAs Joey Hew and Roy McTaggart, indepen- dent MLA Winston Connolly and opposition MLA Capt. Eugene Ebanks, will review a number of weighty sub- jects during the course of their hearings. The panel has the power to summons wit- nesses, including government ministers, if required. land management This audit from June 2015 revealed, among other things, that former Minister Juliana O’Connor-Connolly “directed” that government funds be used to buy a $125,000 prop- erty in Cayman Brac. The purchase price, which auditors said had never been formally approved by the Legislative Assembly, was much higher than the property sold for about two years earlier. Ms. O’Connor- Connolly did not respond to Cayman Compass queries seeking comment at the time the report was released. In addition, the audit questioned development de- cisions made by government and the Central Planning Authority regarding cer- tain high-profile, high- dollar projects. Auditors alleged that the appointed boards that ad- vise government on land de- velopment decisions do not have open meetings, often do not provide reasons for their rulings and are comprised of appointed members who have potential conflicts of in- terest with certain develop- ment projects. The planning authori- ties in Grand Cayman and Cayman Brac were reap- pointed with all the same members shortly after the re- lease of the auditor’s report. nation Building Fund This July 2015 report on a program of the United Democratic Party govern- ment alleged a complete lack of financial controls and oversight regarding the former Nation Building Fund that left the government at risk of fraud. The findings of the report, generally affirmed and sup- ported by Cayman’s civil ser- vice, led by Deputy Governor Franz Manderson, were re- ported to the Royal Cayman Islands Police Service, which for months had been looking into matters connected with the funds. The out- come of those investigations was not known. Then-Auditor General Alastair Swarbrick reported that $13.2 million was spent from the Nation Building Fund between 2009 and 2013. The operation of the program was done “outside the gov- ernment’s own governance framework,” the auditor general said. There was no formal application process for any of the disbursements from the fund, whether for assistance to church pro- grams, scholarships or other expenditures until 2012, when applications for fund scholarships appeared, audi- tors found. Money from the Nation Building Fund was spent on the following (among other things): Unfinished church projects, including the con- struction of buildings, a ve- hicle, a $3,000 loan for a pastor that remained unpaid at the time of the audit, and $30,000 on refurbishments and planning fees for a gym- nasium in West Bay that au- ditors could never find. The latter represented “an abuse of public funds,” according to auditors. West Bay MLA McKeeva Bush, who was premier at the time the Nation Building Fund was implemented, called the audit report “en- tirely fictional.” it security One of the areas of great concern to auditors was that current information tech- nology infrastructure, in many areas, was not suffi- cient to protect against ei- ther external hacking or in- ternal sabotage. Former Auditor General Swarbrick reviewed IT se- curity in 2012 and found 19 areas in government’s soft- ware systems that were judged to be either high- or medium-risk in their vul- nerability to attacks on the “confidentiality, integrity and availability” of the govern- ment’s systems. High-risk areas were defined as those that posed an immediate risk and threatened the opera- tions, finances or reputation of the government. Four “high level” risk areas were generally identified in the auditor’s review as ex- ternal vulnerabilities from individuals on the Internet accessing data without user names and/or passwords; in- ternal vulnerabilities from users within the government accessing databases they should not have access to; and concerns that cyberat- tackers were able to gain “ad- ministrator-level access” to government computer servers from inside the systems. The 2012 audit of govern- ment computer security is- sues was not published be- cause of concerns it would have alerted hackers or others who wished to do the Cayman Islands harm. Auditors urged govern- ment officials to address the problem at that time. They did not do so. A follow-up review in 2015 found that the prob- lems with government’s IT security had gotten worse. Nine areas in the govern- ment IT systems were iden- tified as high risk last year and 11 others were consid- ered medium risk. Additional problems included the use of outdated and unsupported software programs and sig- nificant vulnerability of sen- sitive government informa- tion to potential cyberattacks. It will be the first time the accounts committee, made up of five lawmakers and chaired by North Side MLA Ezzard Miller, has met since October. Mr. MillerWednesday February 24, 2016 • Cayman Compass 6 DISTRICT DAYS District Days Sister Islands In the Feb. 23, 1966 edition of the Caymanian Weekly, a precursor of the Cayman Compass, Cayman Brac corre- spondent Lilian Ritch wrote: “This week we bid farewell to our District Nurse, Mrs. Naldi Ritch Scott who has served faithfully since Sept. 1963 at the clinics at Stake Bay and Spot Bay. She returns to Jamaica. Our good wishes go with her for the future. “An infant school is nothing new, nor is such one new to the district of Spot Bay. But just at this time the need be- came a challenge and the P.T.A. of Spot Bay Primary School are demonstrating their acceptance of responsibility as a functioning body. “The Macedonian cry came out from Teacher Morris at their meeting Feb. 7. He had many children under school age wishing to start, 20-odd 5 year olds, and the school may only accept them at 6 years. Would someone volunteer to open an Infant school in the district? This ser- vice has for years been well rendered by Ms. Hessie Dixon near Booby Point, but she, temporarily, has halted due to illness. “The president, Mrs. Caswell Dobinson volunteered. The Association is spon- soring the project, the membership un- dertaking to provide necessary furniture. Already there is a new bench furnished by Messrs. Lunsford Hurlstone and Hulroy Walton. The vice president, Mrs. Silas Bodden is treasurer. “Opening on Monday morning the 14th, there is already an enrollment of 23 4 and 5 year olds. “Their first visitor on this morning was the Director of Education himself, Mr. V.L. Jackson who is pleased with the project. Mrs. Robinson tells us that she was in this work as a young woman for six years and recalls with justifiable pride that among her scholars in whom she laid the foundation were Layman Scott, now head teacher of West End School and Leland, now Lieut. Scott, Master of one of Jamaica’s coast guard vessels.” 50 years ago Farewell to nurse, need for new infant school highlighted Agriculture shows offering plenty of fun Local farmers, crafters and entertainers are busily preparing for the Brac Agriculture Show scheduled for this weekend at the Brac Agriculture Grounds on the bluff. Offering a full array of displays and con- tests reflecting local agriculture and heritage, as well a generous dose of family friendly fun, the agriculture show on Saturday will be a notable one this year, with special rec- ognition for the many Brac farmers and agri- culture pioneers honored at the 2016 Heroes Day celebration. Crowds are expected to arrive early for the show, which kicks off at 8 a.m. and runs until 5 p.m. A multitude of competition categories range from hot sauces to cakes and even Lego, and sales booths will feature cotton candy, a variety of food, fruit, plants and more. Exciting demonstrations by the Royal Cayman Islands Police Service, the Fire Department and West End Primary School, among others, will join exhibits of preserves, antiques, plants, crafts and pets. The cattle, horses, goats, pigs, fowl, rabbits and exotic birds that are always a big draw are expected to delight kids and adults alike. Scheduled entertainment from Hi Tide, the J.R. Douglas Band, Cake Walk and Koalition dance group will add a festive air to the event. Highlights include a raffle grand prize of US$2,000, with tickets going for $10. Entry for the show, now in its 13th year, is $8 for ages 11 and up, $4 for kids 4-10 and free for kids 3 and under. From 10 a.m. to 2 p.m. the Elections Office will also be holding a voters registration at the show. To register as a voter for the scheduled 2017 election, status holders need to bring an original birth certificate, original Caymanian Status certificate and photo I.D. – either a passport or driver’s license. Caymanians with Caymanian parent(s) or grandparent(s) must bring a birth certificate, the birth certificate of their parents or grand- parents born in the Cayman Islands and a photo I.D. Little Cayman Ag Show Little Cayman’s Ag Show is slated for March 19 at the Community Park in Blossom Village with a $5 entry fee. Competition cate- gories include plants, produce, baking, jewelry, photography, and arts and crafts. There will also be a raffle, live demon- strations, open mic, a coconut toss, a dog show and Little Cayman’s “A Way” play live in the afternoon. For further information on the Little Cayman show, call 925-6442. To accommodate Grand Cayman residents who want to attend the brac agriculture show, Cayman airways has added an extra flight on the day of the show. a total of nine flights will leave for the brac on saturday, five of which will land in enough time for passengers to get to the show. Flights to the brac on saturday are: KX 4420, departing Grand Cayman at 7:15 a.m. and arriving on the brac at 8:10 a.m., with a stop in Little Cayman; flight KX 2401 departs at 7.30 a.m., arriving at 8:05 a.m., non stop; flight KX 4422, departs at 10:10 a.m., arrives at 10:55 a.m., with a stop in Little Cayman; KX 4005 departs at 10:10 a.m., arriving at 11:50 a.m., non-stop; flight KX 4523 departs at 12:20 p.m. and arrives at 1 p.m., non- stop; KX 4624 departs at 2.45 p.m., arriving in Cayman brac at 3:40 p.m., with a stop in Little Cayman; KX 4007 leaves Grand Cayman at 3 p.m., arriving at 3:40 p.m.; KX 4425 de- parts at 5:10 p.m. and arrives at 6:05 p.m.; KX 2105 leaves at 6.30 p.m. and arrives on the brac at 7:05 p.m. a previous Cayman Brac agriculture show. - PHOTO: ED BEATY There will be plenty of crafts on display at the show. The plant sale is always a popular element of the show. Extra flightsCayman Compass • Wednesday February 24, 2016 7 DISTRICT DAYS District Days Sister Islands CCMI summer camp registration begins Registration is now open for the Caribbean Marine Ecology Camp taking place this July. Held at the Central Caribbean Marine Institute’s picturesque Sunset Cove facility, the Edmund F. and Virginia B. Ball camp accepts high school students aged 14-18. Two sessions run from July 2-8 and from July 23-29, with a maximum of 12 students per session and admission for qualified students with good aca- demic standing on a first-come first- served basis. The program, which is open to Cayman residents as well as inter- national students, promises action- packed fun for young people with an interest in tropical marine ecology and conservation. Learning about fish, coral and other marine life, campers will attend lessons and have the chance to interact with marine ecology experts, such as researchers and resi- dent graduate students. The setting on Little Cayman’s south sound allows easy access to mangroves and Owen Island, an unin- habited islet. Campers will spend their time ex- ploring Little Cayman’s marine envi- ronment and terrestrial habitats. A full schedule each day of field trips, lec- tures and fun educational activities will give them the skills to identify most common Caribbean fish species, and the opportunity to gain first-hand experience with the Institute’s coral nursery, to dissect invasive lionfish, and become familiar with coral reef ecology and threats. Campers do not need to have dive experience, but those planning to dive must arrive already scuba-certified. Camper accommodations at Sunset Cove include en-suite bathrooms and air conditioning. Camp fees include room, three meals a day, pickup and return to Little Cayman airport, and all field trips and diving. The cost for interna- tional campers is US$1,900. Cayman Island residents are eligible for scholarships for up to 65 percent of camp costs. For more information, visit www.reefresearch.org. Capt. Keith Tibbetts GeorGe Nowak Capt. Keith P. Tibbetts Sr. was appointed in 1947 to the Assembly of Justices and Vestry, which later became the Legislative Assembly. He was also a member of the LA until the late 80’s, except for one three-year term when he lost an election. On Cayman Brac, Captain Tibbetts was the proprietor of KP Tibbetts Variety store in Watering Place, where he sold ev- erything from food items to appliances. In this old image, Captain Tibbetts poses in his Cayman Brac of- fice sometime in the mid 80’s. Though a very savvy businessman, he would give credit to anyone in need – most of the time. Reminding his constitu- ents where he stood after one election, he placed a sign on his door that read: “NOTICE: No credit to those that did not vote for me. KP Tibbetts.” Captain Tibbetts passed away in 1996. This photograph is from the book ‘The People Time Forgot’ by George Nowak, available at the National Museum. All proceeds from the sales of the book go toward museum projects. Labour and Pensions office opens Sister Islands resi- dents are reminded that the Department of Labour and Pensions office will be open again on Cayman Brac on Wednesday, Feb. 24, to as- sist with inquiries from em- ployees and employers. A press release notes rep- resentatives from the depart- ment will be meeting with employees and employers, an- swering queries in regards to the Labour and Pensions Laws, as well as any que- ries relating to Occupational Safety and Health. Representatives will also be on hand to assist with inquiries about the recently announced minimum wage which comes into effect on March 1. The Department of Labour and Pensions of- fice is located at 256 Creek Road and will be open from 9 a.m. to 4 p.m. For appointments, call 244-4008 or email gene.hydes@gov.ky. Walk-in inquiries are also welcome. Capt. Keith Tibbetts in his Brac office. - Photo: GeorGe Nowak The Caribbean Marine Ecology Camp will be held at Sunset Cove. - Photo: CoUrteSY oF CCMIThe islands’ most-trusted news source 8 Wednesday February 24, 2016 • Cayman Compass Visiting Sports Medicine Physician specializing in non-operative musculoskeletal & joint conditions. Dr. Melissa Mascaro MD Cayman Clinic @ 439 Crewe Road, GT Is available for consultation from Friday February 26 – Tuesday March 1, 2016 (Including Saturday) Call: 949-7400 between 8:30am to 5:pm to make an appointment play different roles in the same crime. In a bank rob- bery, for example, the get- away driver and the gunmen are held equally culpable. The U.K. ruling does not change this aspect of the law, which has never been controversial. According to Bilika Simamba, consultant legisla- tive counsel, the change cen- ters on crimes that escalate beyond the original intent, for example, where a rob- bery goes wrong and one of the group shoots and kills someone. Previously, all of those involved could have been convicted of murder. Following the Supreme Court judgment, prosecutors now must show intent to as- sist or encourage the killing on behalf of the accomplices in order to secure murder convictions. Mr. Simamba believes they are now much more likely to be charged with manslaughter in such circumstances, unless it is shown that they played a sig- nificant role in the killing. Changing 30 years of legal tradition stemming from a precedent-setting judgment in a Hong Kong murder ap- peal, the Supreme Court de- cided it was not enough to show that a defendant had “foresight” that the second crime was a possible conse- quence of the first. “The error was to treat foresight … as auto- matic authorisation [of the crime] … whereas the cor- rect rule is that foresight is simply evidence of intent to assist or encourage,” the Supreme Court said in its legal summary. “It is a question for the jury in every case whether the intention to assist or en- courage is shown.” The ruling came after a panel of judges considered two separate joint enterprise murder cases, one from the U.K. and one from Jamaica. The court heard that Ameen Jogee had carried a broken bottle and shouted encouragement to his friend Mohammed Hirsi when he stabbed former police of- ficer Paul Fyfe in the heart at a home in Leicestershire, England. Jogee, who was convicted of murder, argued he was not inside the house when the stabbing took place and, though he may have an- ticipated that violence was likely, could not have fore- seen that his friend intended to kill the victim. Shirley Ruddock admitted in police interviews to taking part in a robbery in Jamaica where the victim was tied up, but claimed to have no part in the murder of the victim, who was killed by his accom- plice in the robbery. Both men were granted leave to appeal after the Supreme Court gave its deci- sion last week. Prathna Bodden, attorney with Samson and McGrath in Grand Cayman, described the decision last week as a “big day in the legal world.” She said there would be some cases in Cayman that would be open to review. “It will perhaps open grounds of appeal in cases where people have been con- victed on foresight alone, but it won’t open the floodgates for appeals,” she said. Another Cayman Islands defense lawyer, Amelia Fosuhene, said the decision would certainly lead to ap- peals against murder convic- tions in the U.K. and possibly in Cayman as well. “The fact is there are a number of cases which I am aware of in the U.K. which will naturally result in convictions for murder being quashed. “Jogee basically says the court, police, lawyers have got this doctrine wrong for the last 30 years. So every case where joint enterprise was a foundation for convic- tion is open to review. That is a huge amount of work for both the courts and lawyers.” She said she was not im- mediately aware of any spe- cific case in Cayman that would warrant an appeal as a result of the Supreme Court’s decision. She sug- gested all joint enterprise cases should be reviewed. However, she warned that even those who had been jailed as a result of the mis- interpretation of the law may not get chance to appeal. The Supreme Court noted in its decision that the fact that the law had been mis- interpreted was not in it- self grounds for appeal in all cases. The judges said lawyers would have to show a sub- stantial risk of injustice for appeals to be heard. Mr. Simamba said going forward, the application of the joint enterprise principal could actually result in more convictions for manslaughter. He said criminals who played a secondary role in a murder could still be con- victed of murder if the evi- dence were strong enough, but were more likely to be charged with and convicted of manslaughter. “Whereas in the past the choice was to get a convic- tion on the same offense as the principal offender or face an acquittal, now they can seek, as an alternative, a con- viction for a lesser offence, in this case manslaughter,” he said. “The result is likely to be that some offenders who might have been acquitted altogether may now be con- victed, not of murder but manslaughter. It is also pos- sible that since now judges also have the option to con- vict for manslaughter, some offenders who might have been convicted of murder may now be convicted only of manslaughter.” The Supreme Court judg- ment states, “In a line of cases the courts recognized that even where there was a joint intent to use weapons to overcome resistance or avoid arrest, the participants might not share an intent to cause death or really serious harm. If the principal had that in- tent and caused the death of another he would be guilty of murder. Another party who lacked that intent, but who took part in an attack which resulted in an unlawful death, would be not guilty of murder but would be guilty of manslaughter.” Joint enterprise crimes could be reviewed Several high-profile Cayman cases feature joint enterprise Carol Winker cwinker@pinnaclemedialtd.com Joint enterprise has been a feature of numerous high- profile cases in Cayman in recent years, including the murders of Estella Scott- Roberts, Frederic Bise and Marcus Duran, as well as in the New Year’s Day robbery of Diamonds International and a holdup at Blackbeard’s liquor store. Murder of Estella Scott-Roberts “By any standards, this was a horrendous crime,” Sir John Chadwick summarized when he gave the Court of Appeal decision that upheld the con- victions of Larry Princeton Ricketts and Kirkland Henry for the October 2008 murder of Estella Scott-Roberts. Following a birthday dinner with friends at a West Bay Road restaurant, she was seized by two men who forced her into her car and drove her to Barkers in West Bay. They bound her with tape and raped her. She suffocated and died after a plastic bag was taped over her head. Her car was then set alight with her body inside. The court affirmed the sentences of imprisonment for life. The men had been tried together in Grand Court in February 2010. Henry ad- mitted abduction, rape and robbery, but denied placing the plastic bin liner over Mrs. Scott-Roberts’s head; he said Ricketts had done that. Henry’s attorneys argued that he had withdrawn from what had been a joint enterprise. Chief Justice Anthony Smellie, who heard the Grand Court case, convicted both men on the basis of joint enterprise. Henry claimed not to have participated in the murder. However, the judge pointed out that by saying “It’s up to you,” and then standing by and watching, Henry gave im- plicit encouragement. Henry knew his accom- plice had used a knife to cut her hand at the beginning of the incident; he had to be aware that serious bodily harm would probably result from their joint enterprise. Murder of Frederic Bise Swiss banker Frederic Bise was murdered in February 2008. Chad Anglin was charged with the murder, tried in 2014 and found guilty. Leonard Antonio Ebanks was tried separately, but the basis of the Crown’s case was that the murder was a joint enterprise. The prosecutor said Bise had been strangled and se- verely beaten around the head and neck before being dragged into the boot of his car, which was then set alight in the driveway of his West Bay home. He said it would have required at least two people to place Mr. Bise in the back of the car. He told the jury that the prosecu- tion would prove that it was Ebanks, along with Anglin, who had killed the banker in a “joint enterprise” murder. A jury found Ebanks not guilty of murder but con- victed him of being an acces- sory after the fact. Justice Charles Quin, who described the murder as brutal, evil and gruesome, im- posed a sentence of 20 years. Murder of Marcos Duran Jordan Manderson was charged with murdering Marcos Duran in 2010. The Crown’s case, as pre- sented by Cheryll Richards, director of public prosecu- tions, was one of joint enter- prise – that there was a plan to rob Mr. Duran, who was said to be a known numbers seller, and that Manderson was one of the robbers. Mr. Duran died from a gunshot wound to the head. In reaching a not guilty verdict, Justice Charles Quin asked himself a series of questions: Could he be sure Manderson knew of the planned robbery and took part before and at the time of the killing? Did he know guns were part of the plan? If he knew about the guns, could the judge be sure the defen- dant was aware it was likely one of the other participants would kill Mr. Duran? Could he be sure that Manderson killed Mr. Duran or that one of the other alleged partici- pants killed him? Justice Quin found there was no evidence that Manderson knew of the guns, had used a gun, or had fore- seen that a gun would be used to kill or cause grievous bodily harm. In August 2014, Raziel Jeffers was tried for Mr. Duran’s murder. Ms. Richards said there was no evidence to suggest that Jeffers was the shooter, but the prosecution attempted to prove that he had organized the robbery and alerted the gunmen to the location of Mr. Duran as he made cash pick-ups. She said there is no sug- gestion that Jeffers fired the fatal shot or that he was present when it was fired. “The Crown’s case is that he is culpable in law for the of- fense of murder because of the roles that he played in masterminding and then aiding and abetting the un- lawful attempt to rob,” she said. Jeffers was convicted of manslaughter and sentenced to 20 years. New Year’s Day jewelry store robbery Three men who pleaded guilty to robbing Diamonds International on New Year’s Day 2014 received dif- ferent sentences. The con- cept of joint enterprise arose in mitigation offered by defense attorneys. The robbery of goods valued at US$814,750 in- volved use of a loaded firearm. Jonathan Mark Ramoon, who carried the firearm and pointed it at a security guard, was sen- tenced to 15 years. James McLean, who smashed glass showcases with a hammer, was sen- tenced to 12 years. He pleaded guilty to the firearm charge on the basis of joint enterprise. His attorney said he did not know a firearm would be used, but Justice Quin pointed out that McLean failed to withdraw from the robbery once the gun was pulled out. The getaway car driver, Christopher Julian Myles, re- ceived 10 years. His attorney successfully argued that Myles did not know a gun would be used and, having stayed in the car, never saw a gun. Blackbeard’s robbery Justice Francis Belle ex- plained how a jury should deal with joint enterprise in the trial of three men who had pleaded not guilty to the December 2014 robbery at Blackbeard’s Liquor Store in Grand Harbour. They were also charged with robbing a customer and possessing an unlicensed firearm. Justice Belle reminded ju- rors they had to reach sepa- rate verdicts for each count and each defendant. If they were sure a defendant acted with others to rob the store, it did not matter what role he played. If they found that he did not act with the others in a common purpose, or if they were not sure, the verdict would be not guilty. Jurors found Andrew Lopez, Bron Webb and Randy Dale Connor guilty and they were each sentenced to 12 years’ imprisonment. Devon Wright Jr., 24, received nine years after his guilty plea. CONTINUED FROM PAGE 1The islands’ most-trusted news source 9 Cayman Compass • Wednesday February 24, 2016 Cruise ship passenger arrivals affected by bad weather Kelsey JuKam kjukam@pinnaclemedialtd.com Poor weather conditions in January and February caused Cayman to miss out on thousands of cruise ship passengers, and as a result, millions of dollars in revenue. According to Joseph Woods, manager of cruise op- erations for the Port Authority, Cayman missed out on 32,026 cruise ship passengers in January and 21,899 passen- gers in February as ships passed by as a result of the choppy water and high waves in the port. “The weather has not been kind to us the last few weeks,” Captain Marvin’s president Ronnie Anglin said. “The cruise ship industry is about 30 percent of Captain Marvin’s business, but that’s a 30 percent we can’t do without. When you take a lick like that, it affects everybody.” The weather also forced Captain Marvin’s to cancel its Stingray City tours on sev- eral days. Mr. Woods estimated the total revenue lost for the island due to the di- version in January and February amounts to approx- imately $5 million. Chris Kirkconnell, vice president of operations at Kirk Freeport, said the amount of money lost could be twice that. “January is one of the highest volume cruise ship months and one of the higher ticket months in the year, so losing any days in January makes an impact more than any other time of the year,” Mr. Kirkconnell said. He said that the “av- erage spend” – the amount of money cruise ship passen- gers spend on island – is con- siderably higher in January than in other months. He thinks a cruise dock could alleviate some of the problems caused by poor weather, and that there were “definitely” days in January and February when ships passed by Cayman when they shouldn’t have had to. However, he noted that “there will be some days where no matter what you do, the ships can’t stop in town.” Tortuga Rum Company President Robert Hamaty said missing out on thou- sands of cruise ship pas- sengers in January and February was “a big loss” for Cayman. “From a merchant’s point of view, it’s a big loss be- cause all the tours get can- celled, the shops don’t do any business,” Mr. Hamaty said. “We’re talking about a very large amount of money.” He agreed that if Cayman had a cruise dock, some of the diverted ships could have stopped, but also that there are just some days when “it’s unavoidable” that ships are forced to pass by the island. Mr. Hamaty, who is also the chairman of the Royal Watler Tenants Association, said the terminal lost out on even more cruise ship pas- sengers beyond those on the diverted ships in January and February as tenders could not operate to the north of Hog Sty Bay and boats had to go to the pro- tected north and south ter- minals instead. Biden in ‘92: No nominations to the Supreme Court in an election year Senate Republicans de- termined to block President Obama’s promised Supreme Court nominee embraced an unlikely ally Monday: Vice President Biden. More precisely, they embraced a fourth-term Sen. Joseph R. Biden Jr. (D-Delaware) who, while serving in 1992 as chairman of the Senate Judiciary Committee, delivered a sprawling, 90-minute floor address that included a call for halting action on Supreme Court nominees in an election year. Biden delivered his re- marks in late June, as the court approached the end of its term – the traditional season for re- tirement announcements – and as President George H.W. Bush waged an uphill campaign for a second term amid an eco- nomic slowdown and sinking approval ratings. Were there a vacancy, Biden argued, Bush should “not name a nominee until after the November election is completed,” and if he did, “the Senate Judiciary Committee should seriously consider not scheduling confirmation hear- ings on the nomination until after the political campaign season is over.” “Senate consideration of a nominee under these circum- stances is not fair to the presi- dent, to the nominee, or to the Senate itself,” he continued. “Where the nation should be treated to a consideration of constitutional philosophy, all it will get in such circumstances is partisan bickering and polit- ical posturing from both par- ties and from both ends of Pennsylvania Avenue.” Biden, as vice president, has called in recent days for the Senate to take up the nomination Obama prom- ises to make to replace Justice Antonin Scalia, who was found dead Feb. 13 in Texas. “To leave the seat va- cant at this critical mo- ment in American history is a little bit like saying, ‘God forbid something happen to the president and the vice president, we’re not going to fill the presidency for an- other year and a half,’ ” he told Minnesota Public Radio on Thursday. Biden said Monday in a statement that the 1992 speech pertained to “a hypothetical vacancy” and that the excerpt Republicans highlighted was “not an accurate description of my views on the subject.” “In the same statement critics are pointing to today, I urged the Senate and White House to work together to overcome partisan differences to ensure the Court functions as the Founding Fathers in- tended,” he said. “That re- mains my position today.” Republicans wasted no time highlighting Biden’s long- forgotten remarks. The cur- rent Judiciary Committee chairman, Sen. Charles E. Grassley (R-Iowa), rose on the Senate floor Monday after- noon to deliver fulsome praise for Biden and the newly un- earthed speech. Grassley set out what he called “Biden Rules”: There ought to be no presiden- tial Supreme Court nomina- tions in an election year, and if there is such a nomination, the Senate ought to “seriously consider” not holding hear- ings on the nominee. In the 10 days since Scalia’s death, politicians of both parties have been forced to square their current positions on whether or not to confirm Obama’s promised nominee with their past statements on judicial nominations. For instance, Senate Majority Leader Mitch McConnell (R-Ky.), who now fa- vors leaving the nomination to Obama’s successor, has been confronted with a 45-year-old law review article in which he suggested that “political mat- ters” should not be relevant to the Senate’s consideration of a Supreme Court nomination. But Biden’s remarks were especially pointed, voluminous and relevant to the current situation. Embedded in the roughly 20,000 words he de- livered on the Senate floor that day were rebuttals to virtually every point Democrats have brought forth in the past week to argue for the consideration of Obama’s nominee. Biden anticipated, for in- stance, that he would be ac- cused of blockading an em- battled Republican president’s nominees out of political expe- diency. “That would not be our intention,” he said. “Instead, it would be our pragmatic con- clusion that once the political season is under way, and it is, action on a Supreme Court nomination must be put off until after the election cam- paign is over. That is what is fair to the nominee and is cen- tral to the process.” And he dismissed fears that an eight-member court could not effectively func- tion: “The cost of such a result – the need to reargue three or four cases that will divide the justices four to four – are quite minor compared to the cost that a nominee, the pres- ident, the Senate, and the na- tion would have to pay for what would assuredly be a bitter fight, no matter how good a person is nominated by the president.” As Biden’s remarks circu- lated Monday, one Republican senator broke with his col- leagues to call for hearings and an up-or-down vote on Obama’s nominee. Sen. Mark Kirk of Illinois, who faces a difficult campaign this year in a Democratic state, said in a Chicago Sun-Times op-ed that he could support “a nom- inee who can bridge differ- ences, a nominee who finds common ground and a nom- inee who does not speak or act in the extreme.” © 2016, The Washington Post The number of under- employed workers in the islands – those who are working part-time, but not considered to be fully employed at 37.5 hours per week – stayed about the same between fall 2014 and fall 2015. What did increase significantly, according to the statistics office survey, was Cayman’s overall population. Estimates by the ESO noted the total popula- tion in the three islands rose to 60,413 by fall 2015, compared to an estimated population of 58,238 in fall 2014. The 60,000-plus figure represents the highest total population the Cayman Islands has ever seen. Among the employed, non-Caymanian workers and permanent resi- dents still outnumbered Caymanian workers. According to the fig- ures, Caymanians made up 47 percent of the em- ployed population, while non-Caymanians to- taled about 53 percent of those working. Of those considered to be among the working age population, age 15 and over, Caymanians made up 52.5 percent. Permanent residents and non-Cayma- nian work permit holders made up 47.5 percent, sta- tistics show. Work permits The sharp decrease in overall Caymanian unem- ployment comes against the backdrop of a sig- nificant increase in the number of work permits held in the islands. In fall 2014, when the Caymanian unemploy- ment rate was at 7.9 per- cent, the Immigration Department reported about 20,500 active work permits and government contracts. In fall 2015, with the Caymanian unemploy- ment rate at 6.2 per- cent, the corresponding number of work permits was nearing 22,500. This month, the total number of work permits and gov- ernment contracts held in the islands was said by immigration officials to be more than 23,000. Over the past five years, work permit num- bers have seen a steady increase in Cayman, from a low of about 18,500 in the 2011-2012 era to last week’s tally of more than 23,000. As fairer weather prevailed on Tuesday, four cruise ships arrived in Cayman. - PHOTO: TANEOS RAMSAY Unemployment rate falls sharply “If this was the U.S., [the statistics] would be taken as full employment.” Paul Pearson, Chamber of Commerce president CONTINUED FROM PAGE 1Next >