ESTABLISHED 1965 www.caymancompass.com – 50 CENTS – WEDNESDAY MARCH 9, 2016 SPORTS | PAGE 18 CUC JUNIOR TRACK AND FIELD CHAMPIONSHIPS THIS WEEKEND High of 84 Low of 75 Seas: Rough with wave heights of 5 to 7 feet with higher swells on the north and west coasts. Small craft should continue to exercise caution over open water. EDITORIAL | PAGE 4 OPTING OUT OF PUBLIC HEALTHCARE #203 Alissta Towers, 85 North Sound Road, Grand Cayman KY1-1109, T: + 1 (345) 949-9744 E: Aleisha.Lalor@caribbeanalliance.com www.caribbeanalliance.com HSA employees do not use gov’t insurance Other public authorities also insure privately BRENT FULLER bfuller@pinnaclemedialtd.com A number of Cayman Islands public au- thorities, including the Health Services Authority, do not maintain employee health insurance with the government-run Cayman Islands National Insurance Company. CINICO insures roughly 3,600 employees, and their dependents, in the Cayman Islands government civil service and hundreds of others who work for statutory authorities and government-owned companies that operate outside of central government. However, a sig- nificant number of people are signed up to private insurance contracts as well. “There are about 3,000 people, including spouses and children [of employees], in the authorities who don’t use CINICO insurance,” CINICO Chief Executive Lonny Tibbetts con- firmed Friday. According to data provided by Mr. Tibbetts, only 11 of the 26 government statutory au- thorities and companies are covered under the CINICO insurance plan, totaling fewer than 250 workers and dependent family members. There are various reasons why the public sector healthcare insurer is not used by cer- tain authorities. In the case of the HSA, it’s a “moral hazard,” according to Mr. Tibbetts. “They could potentially treat their staff to profitability,” Mr. Tibbetts said. “It’s always a [healthcare] industry dilemma.” In the case of other public agencies, par- ticularly those with larger numbers of em- ployees, private sector insurers are used by the public authorities because they offer a wider selection of healthcare providers. “The majority of them … felt they wanted choice,” Mr. Tibbetts said. CINICO-insured pa- tients, who may get waivers to receive treat- ment at other hospitals or medical facilities, must use the Health Services Authority as their first “point of contact” for healthcare. Finance Minister Marco Archer began a government-wide effort in mid-2014 to get as many of Cayman’s nearly 6,000 public sector employees and their dependents onto CINICO SEARCH FINDS NO SIGN OF MISSING BOATERS Wives of missing men thankful for community support JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Three men and two children missing at sea since Sunday afternoon had still not been found Tuesday despite a continuing search ef- fort involving a U.S. Coast Guard plane, ma- rine police and volunteer boaters. Despite strong winds and high seas, the search party, limited to boats of around 50 feet or larger as conditions worsened, con- tinued to search the area around where the capsized fishing craft was spotted Monday. Gary Mullings, his friend Edsell Haylock and his nephews Nicholas Watler, Kamron Brown, 11, and Kanyi Brown, 9, were reported missing late Sunday after they did not return from a fishing trip to 12 Mile Bank in a twin- engined 28-foot Panga-style boat. They were last seen by another boat sometime between 3 p.m. and 4 p.m. Sunday heading back toward George Town with only one engine operating. Their capsized craft was spotted 20 miles southwest of Grand Cayman by the police helicopter Monday morning. Police recovered the upturned vessel Tuesday afternoon and were towing it into port. No sightings of any survivors were reported. As the search continued Tuesday, the wives of Mr. Mullings and Mr. Haylock thanked the community for their help, prayers and support. In a joint statement released to the Cayman Compass, Victoria Allen Mullings and Gemma Haylock said, “We would just like to express our McLean: Medical staff were never intended to have legal immunity Former health minister speaks out after controversial ruling JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Negligent medics were never intended to have blanket protection from being sued if a patient is killed or injured as a result of their mistakes, according to the health min- ister responsible for the legislation. Speaking in the wake of a judge’s ruling that the controversial section 12 of the Health Services Authority Law provides blanket immunity from lawsuits for all HSA staff, Gilbert McLean, who was minister when the law was passed in 2004, said he was shocked. He urged government to change the law as soon as possible. “It certainly was not the intention of legislators or government to exempt doc- tors of the HSA from liability of mal- practice, and I as minister held no such thought, then or now. “It has always been my view that the medical profession is the only profes- sion that legally plays so significant a role between health and sickness, life and PLEASE TURN TO PAGE 8 » PLEASE TURN TO PAGE 8 » PLEASE TURN TO PAGE 9 » Staff at the Health Services Authority, which runs the Cayman Islands Hospital, have legal immunity in cases of negligence, except in cases where bad faith is evident. - PHOTO: TANEOS RAMSAY2 LOCAL&REGIONAL WEDNESDAY MARCH 9, 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 - ZOOTOPIA 3D (PG13) 12:30 I 1:00 2D I 3:00 I 3:30 2D I 5:30 7:15 2D I 8:00 I 9:45 2D DEADPOOL (R) 1:10 I 4:00 I 7:10 I 9:40 RISEN (PG13) 1:30 I 4:15 I 7:00 I 9:30 EDDIE THE EAGLE (PG13) 1:20 I 3:50 I 7:20 I 10:00 GODS OF EGYPT 3D (PG13) 12:40 Daily Matinees Every Day $8.00 Seniors, Mon-Fri Before 6pm Cayman Cinema@cbcinema6cbcinema6 640-FILM (640-3456) Supply & Install Repair & Service Hurricane Shutters Roll-Up Shutters Accordion Shutters Re-tractable Awning Screen Porch, Patio & Screen Doors Ishmeal Graham Owner/Manager 345 926- 0481 345 326 -6386 pjane59@yahoo.com PO Box 2642 KY1-1101 GT Kings Seventh-day Adventist Church Elder Sophia Hamilton presents an award in recognition of services to the community to Family Resource Centre Director Miriam Foster. At left is Carol Best-Gould, Women´s Ministries leader for the church. NEW YORK (AP) – Prosecutors say a Florida match agent licensed by the soccer federation has pleaded guilty to money laundering and wire fraud conspiracy. Miguel Trujillo en- tered the plea Tuesday in Brooklyn for his role in a scheme to bribe FIFA officials. Trujillo was licensed by FIFA to negotiate and ar- range matches between FIFA member associations. Authorities said that beginning in 2008, he paid hundreds of thousands of dollars in bribes to high- ranking officials of FIFA and soccer federations in Central America and the Caribbean in schemes in- volving media and mar- keting contracts. Prosecutors say he acted on behalf of his own soccer busi- ness and other sports marketing companies. Tuesday’s guilty plea is part of American prosecutors’ ongoing probe into corruption in international soccer. His attorney did not immediately re- spond to a message seeking comment. FIFA agent pleads guilty to corruption Miguel Trujillo entered the plea Tuesday in Brooklyn for his role in a scheme to bribe FIFA officials. Miriam Foster, director of Cayman’s Family Resource Centre, was recognized Saturday at the church ser- vice launch of Honoring Women Month for her work in services for youth, women and families, and her leader- ship of the center. Ms. Foster was pre- sented with a plaque by Kings Seventh-day Adventist Church Women’s Ministries leader Carol Best-Gould and students of Cayman Academy presented gifts to each FRC staff member. Politicians, educators, business people and other members of the public at- tended the service at Kings Seventh-day Adventist Church. The theme of the month is “Step It Up For Gender Equality.” Throughout March, sev- eral events have been or- ganized in conjunction with the observance of International Women’s Day, on Tuesday, March 8. Minister of Education, Employment and Gender Affairs Tara Rivers spoke to the congregation about poli- cies and achievements toward creating a level playing field for women, while Minister of Community Affairs, Youth and Sport Osbourne Bodden commended the Family Resource Centre for its work in addressing the needs of family, especially women. In her speech, Ms. Foster described a course for stu- dents at Cayman Academy, the island’s only Adventist school, that addresses dating protocols and gender- related concerns. The speaker for the service was Jewel Meikle, vice principal at Cayman Academy. For a full list of activities this month, contact 949-0006 or email frc@gov.ky. Ms. Foster was presented with a plaque by Kings Women’s Ministries leader Carol Best- Gould and students of Cayman Academy presented gifts to each FRC staff member. Church service launches Honoring Women Month3 LOCAL NEWS CAYMAN COMPASS • WEDNESDAY MARCH 9, 2016 Governor: Audit reports must not face ‘long delay’ Minimizing release delays an “important principle” BRENT FULLER bfuller@pinnaclemedialtd.com Cayman Islands Governor Helen Kilpatrick has backed the prompt release of inde- pendent government audits once those are completed, following recent public com- ments that the process sur- rounding the release and evaluation of reports from the auditor general’s office may be changed. “It is an important prin- ciple of the audit process that there is not a long delay between produc- tion of a report and its gen- eral publication,” Governor Kilpatrick said in a state- ment released Monday. Governor Kilpatrick also said she continued to sup- port the work of the indepen- dent government offices, in- cluding the auditor’s office. The Cayman Compass re- ported last week that private discussions among mem- bers of the government’s Public Accounts Committee and the auditor’s office have been held on the subject of audit reports and that PAC committee chairman Ezzard Miller publicly expressed some displeasure about the current process. Mr. Miller’s comments in the committee did not specifically address the public release of the au- ditor general’s reports, but rather centered on what the civil service does with those reports after it receives them. The issue of how, when and to whom government au- dits are released has been a thorny one among elected of- ficials, who are currently in- volved in a wholesale review of parliamentary standing orders. Those orders, among many other things, set out how the Auditor General’s Office’s reports are to be made public. PAC meetings continue Public Accounts Committee meetings are ex- pected to continue this week, wrapping up a review of a number of reports completed by the auditor’s office in early to mid-2015. “The ability to make re- ports public shortly after they are delivered to the Legislative Assembly is a fundamental element of an effective independent leg- islative auditor,” former Auditor General Alastair Swarbrick said in a 2015 po- sition paper. “It is a key el- ement for effective gover- nance and accountability and delays in the public release of reports under- mines their usefulness in holding government to ac- count for their use of public resources.” A replacement for Mr. Swarbrick, who left the audit office in October 2015, is expected to be announced shortly. Once they reach the Public Accounts Committee, audit reports typically have attached a “management re- sponse” from the civil ser- vice or relevant agency that was audited. That response usually states whether the government service agrees or disagrees with the audit findings and how and when they will imple- ment changes based on the report. Mr. Miller’s statements made recently in the Public Accounts Committee indi- cated his belief that the way these reports are being han- dled now essentially serves to sidestep the duties of the Public Accounts Committee. “It is my view that we are cir- cumventing many of the re- sponsibilities of the Public Accounts Committee,” Mr. Miller said. “The ideal process would be that the auditor does his audit, has his findings, gives management … the oppor- tunity to respond to those findings. That report is then given to the PAC which does its own investigation and determines the appropriate- ness, the correctness of the recommendations and the findings, and that – based on what the PAC finds in agreeing or disagreeing on the odd case it may happen with the auditor general – that the recommendations become real.” Manderson supports audit work Deputy Governor Franz Manderson, who has said Mr. Miller’s comments were “an important point” that needed review, said ear- lier this year that his office would continue to support the audit work conducted by the independent office. “I have made complying with the recommendations of our oversight bodies one of our key performance mea- sures for the staff that re- port to me, so we want to make sure that we take the reports, especially those from the auditor general’s office seriously and that we implement their recommen- dations in a timely manner,” Mr. Manderson said. “[I] ab- solutely, 100 percent, sup- port the work of the auditor general and his office.” “It is an important principle of the audit process that there is not a long delay between production of a report and its general publication.” GOVERNOR HELEN KILPATRICK Governor Helen KilpatrickEzzard Miller Trial begins for woman accused of killing daughter CHARLES DUNCAN cduncan@pinnaclemedialtd.com Prosecutors say Tamara Butler stabbed her 6-year-old daughter dozens of times in their family home, opening the case against the wife of a high-ranking Royal Cayman Islands Police Service officer. The Crown laid out its case Tuesday in the first day of a four-day judge- alone trial of Butler for the October 2014 killing. Police found Butler before dawn on Oct. 27, 2014, standing on a beach in East End. The body of her daughter Bethany was in the front seat of a nearby car, covered with a blue comforter. Director of Public Prosecutions Cheryll Richards told the court that she plans to present forensic, DNA and blood spatter evidence proving that Butler killed her daughter that night. She said the young girl had dozens of stab wounds to her head, neck, chest and back. There were “pools of blood” in the house, and foot- prints in the blood showed that the girl had gone behind the bed to the space between the headboard and the wall. Ms. Richards said the evening before the child died, Butler had decided to shave her daughter’s head, but her husband, Lenford Butler, stepped in and stopped her. Mr. Butler had to work at George Town Police Station at midnight that night, so before he left their Savannah home, he gave his daughter his cellphone and put 911 on speed dial, showing her how to call in case of an emer- gency. The child locked her- self in the master bedroom when her father left. She did not call. But, the prosecutor said, there was an attempted 911 call from the phone at about 10:38 p.m. Ms. Richards told the court that before 5 a.m., two patrol officers in East End, unaware of what was hap- pening with Mr. Butler’s family, came across the de- fendant’s car parked along the highway in East End. They stopped and saw Butler in the bush off the road, her foot stuck in the rocks and several bedsheets on the ground nearby. Ms. Richards said the officers saw she had blood on her hands. They gave her one of the sheets so she could get herself out of the hole in the sharp rocks. The offi- cers asked her if she was OK and then “she got into the car and drove off,” the pros- ecutor said. The police officers called her husband, the critical in- cident manager on duty that night for the police service. Mr. Butler was on his way to check on his family in Savannah when they called, having had to turn around and drive back to George Town to get his house key. After speaking to Mr. Butler, the officers, joined by another patrol car from Bodden Town, searched the area. About an hour-and- a-half later, they found the car, and Bethany Butler’s body, along a small road to the beach about a half-mile from where they originally saw Butler. The girl’s head had been shaved. About an hour later they found the defendant nearby on the beach, wet and sandy. Her head, too, had been shaved, along with her eyebrows. The judge-alone trial is scheduled to last four days, ending Friday. Bethany Butler The judge-alone trial is scheduled to last four days, ending Friday. Teacher assaulted, car vandalized JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com A teacher at Clifton Hunter High School was assaulted and his car was vandalized in two separate incidents last week. Police confirmed they are investigating reports that a teacher was as- saulted on March 1 after a video appeared on Facebook showing a teen- ager repeatedly shoving a staff member outside the school buildings. The teacher’s car was later vandalized at a sepa- rate location. The tires were slashed and the phrase “Go Home” was daubed on the side of the vehicle. A police spokesperson confirmed that the victim in both cases was the same individual, but said po- lice were initially treating the matters as two sep- arate incidents. The video shows the student angrily confronting the staff member and shoving him in the chest. A security guard attempts to intervene and is brushed off by the student, who shoves the teacher again. The security guard again intervenes before the short clip ends. It is not clear if the video is the extent of the alleged assault. Education officials had no comment by press time. This photo of the vandalized car was posted on Facebook. The teacher’s car was later vandalized at a separate location. The tires were slashed and the phrase “Go Home” was daubed on the side of the vehicle.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 MARCH 9, 2016 • CAYMAN COMPASS WASHINGTON – They were just four words, but they de- noted something that led to a wonderful swerve in world history. They were words Ronald Reagan re- peatedly used when refer- ring to something that hap- pened long before he spoke his most famous four words: “Tear down this wall.” The other four words described the most important event in his eventful life, an event without which Reagan prob- ably would never have been in a position to bring down the Berlin Wall: “Then along came Nancy.” If she had not come along, he would not have come to the place he now occupies in history and in the hearts of his countrymen. When filling out forms that ask if one is married, many people perfunctorily check that box. The Reagans should have put not a check mark but an exclamation point: They were the most married couple imaginable. Ronald was a reproach to every husband who does not write love notes to his wife as they sit together in evening repose. It was a re- markable woman who could elicit such private devo- tion from a public man with presidential preoccupations. Reagan’s strength was re- flected in his preternatural cheerfulness, which flowed from his marriage. Politics requires the patience, en- durance and serenity that a happy marriage can confer. In a democracy, politics is a team sport. Parties are teams; congressional caucuses are teams; campaigns are teams. But often the most important team is the smallest, a har- monious marriage. Much, but not too much, has been made of Nancy’s protectiveness, her steely de- votion to her husband’s in- terests. Ronald Reagan was a friendly man who used friendliness as a buffer, keeping the world at a dis- tance from his sphere of pri- vacy. He had one true friend, and he married her. She un- derstood his amiable propen- sity for thinking the best of everybody, a mistake she did not make. Her cool public persona and occasionally icy deci- siveness sometimes obscured her warmth, her capacity for fun and her sly wit. She re- vealed the latter, for example, when describing a problem of Hollywood manners. What should you do, she asked, when you are in- vited to the home of an actor or director for a pri- vate screening of his newest movie – and the movie is dreadful? What do you say to your anxious host when he asks your opinion of his handiwork? Nancy impishly explained: You fix your host with an earnest gaze and ex- claim, “You’ve done it again!” Her husband was not the only master politician living on the second floor of the White House. Nancy bore the brunt of much criticism from people who were inclined but reluc- tant to assail her husband. She did not enjoy these slings and arrows, but she was shrewd enough to be stoical about her role as alternative target. Today, in the midst of an unusually unseemly po- litical season, it is salutary to remember that Nancy was faulted for what some con- sidered her excessive interest in decorum and elegance in public life. Now she goes to a grave on a hill, where she joins the love of her life. Atop that hill sits the Ronald Reagan Presidential Foundation and Library. Emerson said that any institution is the length- ening shadow of a man. This library is the lengthening shadow of the woman who channeled through it her de- votion that was undimmed through 12 years without her husband. He spoke often of America as a shining city on a hill, words first used long ago to describe the American aspi- ration at a time when the na- scent nation was a few hardy people on the continent’s rocky Atlantic shore. The hill to which Nancy now goes over- looks the sun-dappled Pacific shore of a nation grown great not just in size but in moral stature because of its fidelity to principles that the Reagans defended together. For generations to come, Americans will continue to climb that hill in Simi Valley to renew their devotion to the nation. And to one an- other, moved by the luminous example of two people who changed the world as, and because, they moved through it as one. George Will’s email address is georgewill@washpost.com. © 2016, Washington Post Writers Group It’s official: Not even the government wants to be locked into the government’s healthcare system. Only 11 of government’s 26 statutory authorities and com- panies use the Cayman Islands National Insurance Company (CINICO), covering fewer than 250 workers and dependents — compared to 3,000 workers and dependents who have private insurance contracts. Those opting out of CINICO include, notably, the Health Services Authority itself. Setting aside any apparent irony, CINICO CEO Lonny Tibbetts points out there may be a certain “moral hazard” in the HSA charging CINICO for services it provides to its own employees. In regard to the other 14 entities, however, it seems their decisions to “self-privatize” boiled down to the simple calculus that private insurance companies enable access to a range of healthcare providers, whereas CINICO funnels poli- cyholders into the public hospitals and clinics. Finance Minister Marco Archer has responded to the situ- ation by attempting to herd those public sector employees back into CINICO, saying it should make CINICO (and govern- ment) healthier financially in the long run, and estimating that government spends 20 percent of its annual budget on healthcare. A 2014 report showed that over the next 20 years, Cayman will face $1.18 billion in public healthcare liabili- ties under existing arrangements. We agree with Minister Archer’s recognition of the severity of the public healthcare problem. Where we disagree, fundamentally, is in his recommended treatment. The fact that an overwhelming number of public sector employees, when given the choice, don’t choose CINICO is one symptom among many that point to a single underlying condition. Let’s review a few issues that have been reported by this newspaper: Section 12: The HSA Law contains a provision that, in the opinion of Justice Richard Williams, grants immunity to HSA staff (including doctors) from clinical negligence lawsuits, unless “bad faith” can be proven. In other words, it’s nearly impossible to sue Cayman’s public hospital for medical mal- practice. Now that Justice Williams has brought Section 12 into the spotlight, we are hearing protestations from various corners of government that the section was never intended to grant blanket immunity. We remain skeptical, consid- ering that HSA has settled claims brought by at least eight people since 2005. Every time someone brings a liability suit against HSA, attorneys would examine Section 12 thoroughly. As it stands today, and for the foreseeable future, Section 12 remains in place as a legal reality. CarePay: In addition to wrongdoing perpetrated by then-HSA board chair Canover Watson when he defrauded taxpayers in the CarePay scandal, Mr. Watson’s trial depicted a climate of almost-unimaginable incompetence throughout HSA and CINICO, up to the very highest levels. The heads of HSA and CINICO admitted they did not even read the multimillion-dollar CarePay contract before signing it. Now, Deputy Governor Franz Manderson has ordered an internal audit of HSA and the health ministry. Meanwhile, police investigations continue. Bad debts: The HSA has amassed bad debts at an annual clip of $15 million since 2010. Acting Auditor General Garnet Harrison has said HSA will have written off “at least $120 million in receivables in the last nine to 10 years.” Much of the unpaid debt may have stemmed from government’s con- scious decision not to pursue collection through the court system, according to Financial Secretary Ken Jefferson. For reasons of space, we’ll end our list here. A preponderance of evidence indicates the following: Cayman’s public health system is so damaged and so ill- managed that it cannot be fixed by the people who broke it in the first place. The only hope for a cure is to bring in new people with new skills and new attitudes. The sole avenue for that sort of transformation is, as recommended in the laid-by-the-wayside Ernst and Young report, by outsourcing public medicine (and potentially CINICO) to the private sector. The healthcare field is the fastest-moving and most-rapidly- evolving industry in the world. What we have “done yesterday” doesn’t work today and most certainly won’t work tomorrow. Cayman is experiencing an erosion in confidence in our public health system that will be as difficult to restore in terms of public perception, as it is to seek redress in a court of law for grievances against HSA. As HSA itself and the other authorities have demonstrated, unless people are forced into the public health system,they are increasingly looking elsewhere. Instead of fighting them, the government should facilitate their search for service. Opting out of public healthcare GEORGE F. WILL GEORGE 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” LETTER SMB ‘blight’ I spend the winter months in Cayman each year, and every time I return I am impressed by the latest grand projects by Dart and other developers. One thing I am not im- pressed by, however, is the large abandoned building on the beach side of West Bay Road at Lawrence Boulevard. The building has been sitting there empty, unfin- ished, for years now, and the grounds are badly over- grown behind the ugly chain-link fence. What a bad impression for tourists and cruisers as they stroll along the road there. Isn’t there anything the government or owner can do to clean this mess up? Russ Barlow Then along came Nancy THE ROUNDABOUTS - BY CAYMANMAN5 LOCAL NEWS CAYMAN COMPASS • WEDNESDAY MARCH 9, 2016 Government passes UK cash test, one more hurdle remains BRENT FULLER bfuller@pinnaclemedialtd.com The Cayman Islands has more than enough operating cash in the bank, according to U.K. officials who are eval- uating whether the govern- ment will return to local budget autonomy ahead of the next fiscal year which be- gins in July. However, even if that au- tonomy is achieved, the gov- ernment will still have to seek U.K. approval for certain public-private sector partner- ship projects going forward. For now, one more test re- mains, that of whether the territory is paying too much each year to satisfy debt re- payments, but the result will not be known until the cur- rent budget year ends on June 30, Finance Minister Marco Archer said. Nonetheless, the acknowl- edgement that government had 116 days of cash re- serves, which could be used to cover operating costs if needed, on Dec. 31, 2015 – typically the point during the year when the public sector maintains its lowest amount of cash – is a major accom- plishment, Mr. Archer said. “This is clear, indepen- dent evidence of the steady and consistent progress the government has made,” Mr. Archer said. U.K. Overseas Territories Minister James Duddridge confirmed last month that the government cash reserves figure had been achieved, well above the 90-day sur- plus required in local law. Mr. Duddridge said the gov- ernment was “comfortably on course” to maintain those cash reserves through the end of the year. Typically, Cayman’s gov- ernment earns its greatest portion of tax revenue be- tween January and April, when most fees from the fi- nancial services industry are received and also when tourism’s high season is under way. Minister Archer con- firmed Tuesday that whether Cayman’s government can meet debt repayment require- ments by June 30 is largely a function of how strong the local economy remains. He was relatively confident that the final hurdle would be cleared. “Upon achieving full compliance with [finan- cial] ratios, that will allow government to not have to seek approval from the U.K., prior to bringing its budgets to the Legislative Assembly,” he said. “However, even though we will not have to seek pre-approval … the budgets must maintain compliance with the [finan- cial ratios].” Also, requirements es- tablished by the U.K. as part of the Framework for Fiscal Responsibility agree- ment with Cayman in 2011 will remain in the local law. This will have an effect on certain public projects, par- ticularly costly, multiyear endeavors that involve so- called “off the book” loans with the private sector to support financing. One such current project is the proposed cruise berthing facility in George Town harbor. The government will require approval from the U.K. for a financing pro- posal which, at this stage, in- volves some up front funding from the cruise ship in- dustry. If U.K. approval for that financing deal is not granted, the project will not go forward, whether or not the government maintains fiscal autonomy. This arrangement chafes with some local law- makers, including Bodden Town’s Alva Suckoo, who pointed out last year that the stringent financial re- quirements of the U.K.- imposed fiscal framework have “handcuffed” govern- ment in regard to some of the public projects it wishes to implement. “We could have acceler- ated the country’s climb out of the recession had we not been so severely limited,” Mr. Suckoo said. “We are left in a position where we have to move forward … devoid of the ability to stimulate the economy directly ourselves [referring to government].” Mr. Archer, while saying he could appre- ciate that view, noted that the Progressives-led gov- ernment did not intend to borrow money during the upcoming 2016/17 financial year at any rate. He has also said the fiscal framework represents generally good guidelines for government’s financial operations. “The only complaint that I would say is that be- cause of the requirements for the various reports and outline business cases [for public projects] … it does add a significant length of time to when you can bring a project online,” he said. “And it does add signifi- cant costs to the implemen- tation of the project, but it is meant to avoid some of the fiascoes that the country [has] experienced.” PAWS In The Sand raises funds for animal charity More than 200 animals lovers gathered at Rum Point Club on Sunday for the fifth annual PAWS In The Sand fundraising dinner. PAWS, which stands for the Protection of Animal Welfare Society, cares for around 48 animals each month, providing boarding for injured, abused or neglected pets. The evening included live and silent auctions, raf- fles, food and entertainment. Andre Visser was presented with a special Life-Saving Award by PAWS for his con- tributions to animal welfare. Founded in 2010 by Giuseppe and Susanna Gatta, Alex Stewart and Marleine Gagnon, PAWS is a non-profit society that aims to alleviate animal suffering, particularly in the eastern districts. Leading the auction was Master of Ceremonies, Andrew Bacon, who flew in from Canada to host PAWS In The Sand for the third time. “Year after year, I come down, not only because of Giuseppe,” said Mr. Bacon, “but because of all these nice people. I look on the same faces year after year, and it’s a wonderful cause.” Mr. Bacon auctioned off a villa stay in Jamaica, a deluxe barbecue grill, original paint- ings by local artists, a nine- pound wheel of Stilton cheese, and five slabs of salmon, as well as a dinner for eight. Silent auctions and raf- fles saw guests outbidding one another for wine, gift cer- tificates for local businesses, handcrafted accessories and artworks including jewelry, Talavera pottery, photographs and paintings. PAWS trea- surer Julia Darvill acknowl- edged that this year’s event had had the largest turnout to date. She has also acknowl- edged that the event helps to promote local artists and vendors, in addition to en- couraging “people to bid on things that are either locally made or given.” Other high- lights of the evening were song performances by Angela Adams, who flew in from New York, followed by a dance act inspired by the movie “Magic Mike.” Dressed in police uni- forms, Radames Tognazzo, Ed Chisholm, Derek Haines, Andrew Kronick and Mr. Gatta got on stage, giving the dancers of “Magic Mike” a run for their money until they wore nothing but boxer shorts stuffed with donations from guests. Additional entertainment was provided by DJ JR and the St. Matthew’s University vet- erinary students who carried posters of animals needing a home as they danced to ABBA’s “Take a Chance On Me.” The night came to an end with several guests returning home via catamaran, provided by Red Sail Sports. “It always touches me, year after year, to see so many people coming out for such a good cause,” Mr. Bacon said. “There are a lot of neglected animals on the island and the money that we raise goes a long way to making sure those animals have some care and compassion.” The date for the next PAWS In The Sand fundraising dinner has already been set for Saturday, March 4 next year. For more information about PAWS, contact Giuseppe Gatta at 916-1731, Susanna Gatta at 916-3957, or Alex Stewart at 925-4804 or email paygatta@candw.ky. Andre Visser, center, received a Life Saving Award for his contributions to animal welfare, presented by Andrew Bacon, left, and Giuseppe Gatta. PAWS founders Susanna and Giuseppe Gatta at Rum Point Club for the 5th Annual PAWS In The Sand fundraising dinner. – PHOTOS: MICHELLE O’SHEA HAYES The PAWS policemen were ready to take the stage and steal the show! James DuddridgeMarco ArcherWEDNESDAY MARCH 9, 2016 • CAYMAN COMPASS 6 DISTRICT DAYS District Days Sister Islands Fishing line bins now on Sister Islands Helping keep Cayman’s waters and shoreline clean just got a little easier in the Sister Islands. The Department of Environment re- cently announced its fishing line col- lection project has expanded to Little Cayman and Cayman Brac. Small col- lection bins are now located at all the major dive shops, and large bins are at the DOE building in Blossom Village on Little Cayman, and next to Scotts Dock and Kitco Dock on the Brac. The department is asking fish- ermen, divers, snorkelers and other members of the public to assist with this initiative by depositing line in the fishing line recycling bins. Line that is found wrapped around corals and sponges should be collected care- fully in order to avoid damaging the marine environment. DoE information on fishing line disposal notes that entanglement in lost or discarded fishing line is one of the most severe threats to juvenile turtles in the Cayman Islands, along with posing a hazard to other wildlife including birds. “Fishing line is nearly invisible un- derwater and causes drowning and severe injuries when it tangles tur- tles,” the department states, adding that fishing line takes more than 600 years to degrade. With sponsorship from Atlantis Submarines, poles donated by the Caribbean Utilities Company, and ad- ditional support from Cayman Turtle Farm, in 2015 the Department of Environment began installing fishing line collection bins at almost 40 sites, including public docks, dive shops and fishing supply stores across the three islands. Designs from students Sarah Tatum, Aiden Powery and Jose Daniel Unruch, the winners of a poster competition, are featured on the bin signs. Rather than ending up in the trash, the collected fishing line is recycled. “Even if unwanted fishing line is sent to the landfill, it can continue to en- tangle birds and other animals,” the DoE states. Department staff and volunteers collect the recovered fishing line from the bins, which they then clean and send overseas for recycling where it is made into artificial fish habitats and tackle boxes. Fishing line cleanup guidelines In the Cayman Islands, entanglement in lost and discarded fishing line is one of the leading causes of severe injury and death for turtles. Entangled turtles die from injuries caused by loops of line tightening around their neck or flip- pers or drown when they cannot break lines to reach the surface. Here’s how to prevent entanglements by re- moving line from the marine environment: ■■ Carry scissors or a dive knife to cut lines (scissors are more effi- cient and safer than knives). ■■ Make sure your tools are strong and sharp. ■■ Cut fishing line rather than pulling it, in order to avoid injuring your hands and damaging any corals and sponges that might be tangled in the line. ■■ If line has grown into corals and sponges do not try to pull it out – just cut any loose line on either side. ■■ Cut the line into manageable sections and coil it as you extract it to avoid getting tangled. ■■ If you are snorkeling, be ready to let the line loose as you go back to the sur- face to avoid pulling it. You can pick it up again when you dive back down. ■■ Hooks can still be attached to the line, so be careful while retrieving the line and also when transporting it (a solid bag or con- tainer for sharp objects may be useful). ■■ If you find a turtle tangled in fishing line, call DoE as soon as possible. ■■ If the turtle is found underwater, cut it free immediately to avoid drowning. ■■ If additional line is tightly wrapped around the flippers or neck (cutting into the flesh) it is best for a veteri- narian to remove it and treat the turtle. ■■ Because turtles are protected species, DoE should be called before transporting the turtle. Source: Cayman Islands Department of Environment Fishing line collection bins are now located across the Sister Islands. What: Mini Craft Markets Where: Cayman Brac Beach Resort When: Thursdays from 4-6 p.m. Heritage House Craft Markets feature an impres- sive array of craft work and island flavor, including jewelry, underwater photography, historical books, thatch work and assorted art. The Heritage House Mini Craft Markets now op- erate on a weekly basis at the Cayman Brac Beach Resort from 4-6 p.m. with rotating vendors. Some of the Mini Craft Markets will also incorporate various live demonstrations. On Thursday, March 10, there will be a thatch rope laying demonstration. Future Craft Market dates are March 10, March 17, March 24 and March 31. UPCOMING EVENTS AT BRAC HERITAGE HOUSE Offering snapshopts of Cayman’s history, the Maritime Heritage Trail winds its way through a number of lo- cations in the Sister Islands. With 36 stops around all three islands, the trail was launched in 2003 by a partnership of the Cayman Islands National Museum, the Department of Environment, the National Archive and National Trust. One of the stops on the Brac is Rebecca’s Cave, a sad reminder of the hurricane of 1932. The cave is named after 18-month-old Rebecca Bodden, daughter of Raib and Helena Bodden. The child died as a result of exposure after the family struggled through 30- foot storm surges and 200 mph winds to seek shelter in the cave the day of the storm. Heritage Trail: Rebecca’s Cave Coleen Gibson displays her thatch work, crochet pieces from her daughter and locally-made jewelry.CAYMAN COMPASS • WEDNESDAY MARCH 9, 2016 7 DISTRICT DAYS District Days Sister Islands In the March 9, 1966 edition of the Caymanian Weekly, a precursor of the Cayman Compass, Cayman Brac corre- spondent Lilian Ritch wrote: “We welcome ‘home’ Mr. and Mrs. Don Farquhar and young Richard of Wilmington, Del. and Mr. and Mrs. Howard G. Henry of Maryland. These are among our oldest friends who winter here. “Welcome, also, to our men recently returned home on vacation from N.B.C., among them Lloyd Bodden, who was ju- nior engineer on the ‘Ore Titon,’ Jim Dilbert of Watering Place, Gibson Connolly of the Point and Quellon Scott of Spot Bay. “Recently returned from Jamaica after a restful vacation is Mrs. Nathan Ebanks with her daughter Annie Grace and little granddaughter Annie. Annie Grace spent three months in the West Indies College, Mandeville. A year ago, she earned a cer- tificate by home study from the American Institute of Practical Nursing. Mrs. Alda is one of the West End’s most industrious personalities in thatch straw work. “Enjoying the fishing in their own fibre- glass boat with 40 h.p. Johnson Outboard Motor are young Kirby and Dervyn, sons of Capt. and Mrs. Clyde Scott of the West End. Kirby has completed his training for the National Guard of the U.S. Army. Last year, his mother, Mrs. Zenie, experi- enced the thrill of witnessing his unit’s return from Summer Camp and dispersal for leave. There were 700 trucks and jeeps filled with young men of ages 20-23 in uniform, of the same height, and all looking happy. There was the joy of spot- ting her son in this picture of beauty in discipline. Kirby is now in the Reserves, Communications Department. “Dervyn works in the New Orleans branch of the brothers’ firm, Scott Fence and Insulation Co. of Louisiana.” 50 years ago: Interesting experiences abroad Royal visit for Little Cayman’s Central Caribbean Marine Institute Prince Edward and his wife Sophie, the Earl and Countess of Wessex, visited Little Cayman at the invitation of the Central Caribbean Marine Institute. Prince Edward is patron of CCMI and was on his fifth visit to its Little Cayman Research Centre. He received an up- date on the extensive research and edu- cational programs that have developed over the last 12 years of the organiza- tion’s existence. The royal couple met with students studying at the research facility, as well as staff and local dignitaries, including Deputy Premier Moses Kirkconnell, Minister of Financial Services and Environment Wayne Panton, members of the public and other Institute stakeholders. “It was an incredible honor to have both the Earl and Countess of Wessex visit,” said Institute president Carrie Manfrino, who said the visit was an op- portunity for CCMI to celebrate its ac- complishments and acknowledge the contributions of its supporters. “The visit gave us a chance to really thank our patron, the prince, who has helped us enormously over the past de- cade with reinforcing our work as well as providing input,” she continued. “As a truly active patron, he has been a very important part of our organization.” Little Cayman Primary students meet the Earl and Countess of Wessex. - PHOTOS: MELLISA WOLFE Dartmouth student Tara Simmons makes a presentation to Prince Edward as professor Celia Chen looks on. Prince Edward and his wife Sophie with the CCMI staff. Prince Edward greets Bob and Debbi Truchan, Tonya Taylor, James Mansfield and Andy Molnar.The islands’ most-trusted news source 8 WEDNESDAY MARCH 9, 2016 • CAYMAN COMPASS insurance. Mr. Archer said several recommendations were presented to Cabinet and accepted, but he noted that issues related to current healthcare and employment contracts have slowed the process somewhat. Mr. Archer said Friday that he viewed the matter largely as one of finance, not a healthcare quality or choice issue. “It is my belief that CINICO would be well- served, and so would the country, if all the authorities joined one healthcare plan,” he said. “You would have a much larger pool [of insured individuals], greater funding, reduced risk overall and per- haps CINICO could provide lower premiums.” Mr. Archer also suggested some healthcare “portability” could be provided for in a better funded insurance plan so that patients “wouldn’t have to necessarily go to CINICO providers.” In any case, the gov- ernment is now paying for healthcare plans of the stat- utory authorities and gov- ernment-owned compa- nies, the finance minister noted. Some of those agen- cies raise their own revenues to cover operating costs, but many require yearly stipends from central government to keep operating. “Some of them are paying higher premiums for the same coverage that CINICO provides,” Minister Archer said. According to information provided to the Compass via a Freedom of Information request, health insurance rates for working civil ser- vants are $416 per month for single adults, $832 per month for married couples, $832 per month for single adults with children, and $1,242 per month for families. Similarly, retired pensioner rates under the Cayman Islands National Insurance Company plans are $870 per month for non- married individuals, $1,306 per month for non-married people with children, $1,741 per month for married cou- ples, and $2,176 per month for the CINICO family plan. Neither retired civil ser- vants nor active government workers are required to make co-payments, so the monthly premiums are funded en- tirely by the government. Mr. Archer proposed changing this in 2014, but Deputy Governor Franz Manderson said that proposal would be the subject of a longer term review and would not be im- plemented until at least 2018. Both civil service health plans under CINICO have a $5 million maximum “life- time limit” for healthcare cov- erage. There are no limits on prescription drug purchases, or inpatient or outpatient care. Overseas accommoda- tions and airfare, if neces- sary for treatment, are cov- ered 100 percent. Mr. Archer said healthcare costs for employees are the second- largest annual item in the budget next to staff salaries. “Government spends about 20 percent of its an- nual budget on healthcare,” Mr. Archer said. Mr. Archer said main- taining current benefits for civil service workers, retirees, seamen and veterans will re- sult in healthcare costs even- tually overwhelming the gov- ernment’s annual budget. A 2014 consultant’s report that looked at pending healthcare costs over a 20-year period estimated Cayman will face $1.18 billion in liabilities – at today’s dollar value – if the current healthcare coverage policies are maintained. “It is my belief that CINICO would be well- served, and so would the country, if all the authorities joined one healthcare plan.” MARCO ARCHER, finance minister Staff of the Health Services Authority are not required to have CINICO insurance. CONTINUED FROM PAGE 1 thanks and gratitude to ev- eryone [who] has helped in the search for our boys. “Everyone has gone above and beyond, especially the crew of friends who speedily put together the first search to go out on the same night to try and help them. “The families affected by this terrible time will need their privacy and we thank everyone from all over the world for their positive thoughts and prayers.” Fishermen Charles Ebanks, who joined the search on Monday in the 46-foot Viking fishing boat Trading Time, said he was desperate to find his friends. “I was out all day Monday. I didn’t find any- thing, but I gave it a world of a try,” he said. “I am so sad- dened by the whole thing. My sympathies go to the families. These are all some- body’s children, people’s hus- bands, people’s friends. We have a lot of love and respect for them.” Mr. Ebanks said he was close friends with Mr. Mullings and Mr. Haylock. He learned of their plight from fellow fish- erman Emil Terry, who was the first to begin searching for the missing men and children overnight Sunday. Mr. Terry later joined Mr. Ebanks on the search throughout Monday. Caribbean Marine Services, which operates a fleet of cruise ship tender boats, also loaned its boats to the effort Monday. Other vessels, including a sailing boat, the Maria, aided the search Tuesday, while Cayman Helicopters also of- fered assistance. The upturned boat was first sighted by the po- lice helicopter at 10:33 a.m. Monday. When the helicopter later returned to the location after refueling, the boat had drifted and could not be re- located. It was spotted again just after 5 p.m. by Cayman Helicopters, and the Coast Guard plane then dropped a tracking beacon at the site. Boats were out at the site all day Tuesday, searching in a grid pattern around the craft. The Guardian, a marine police boat that sustained damage in the early part of the search Monday, was re- paired and out at the scene Tuesday, attempting to right the upturned craft. “We would like to thank the boat captains who have volunteered during the search-and-rescue operation,” police said in a statement. Speaking at a press con- ference on another matter on Tuesday afternoon, Premier Alden McLaughlin said he was still hopeful that the oc- cupants of the boat may be found alive. “But things do not look good,” he conceded. “Our thoughts and prayers go out to the families.” Compass journalist Alan Markoff contributed to this article. HSA employees do not use government insurance Search finds no sign of missing boaters CONTINUED FROM PAGE 1 Smith Cove handbag thief imprisoned for 12 months Magistrate says crime that negatively impacts Cayman’s tourism industry needs deterrent sentence CAROL WINKER cwinker@pinnaclemedialtd.com A man who admitted stealing a handbag from a female visitor at Smith Cove was sentenced on Monday to a year in prison. Sentencing Al Handel Pearson, Magistrate Valdis Foldats said any crime that negatively impacted the tourist industry had to be met with a deterrent sen- tence. The magistrate handed down a term of 12 months immediate imprisonment plus a suspended sentence, as well as community service. Pearson, 42, pleaded guilty to stealing a handbag that belonged to a passenger from the Carnival Breeze cruise ship around noon on Dec. 30. She was in the water at Smith Cove at the time, with the handbag on the beach within her view. She saw Pearson approach the bag and shouted at him to stop, but he grabbed it and ran. She and her hus- band gave chase, as did other people, including a tour bus operator and a New York po- liceman on vacation. Pearson was caught and held until police arrived. The handbag was recovered. The magistrate said that for theft of a handbag in a tourist area, his starting point would be one year for an offender with no pre- vious convictions. He noted that Magistrate Kirsty-Ann Gunn had recently identified 12 months’ imprisonment as a suitable starting point for such offenses where the of- fender is of good character. Pearson, who had pre- vious convictions, was not of good character, the mag- istrate noted. Deterrence for this defendant required an increase to two years’ im- prisonment to send a mes- sage to other offenders with convictions for property of- fenses, he indicated, before giving discounts. Defense attorney Nicholas Dixey asked for a sentence of “time served” – Pearson being in custody since the incident – and community service so that he could make repara- tion to the community for what he had done. Mr. Dixey said this ap- proach would serve as a punishment; it would also have a rehabilitative effect, as it would impose a work structure in keeping with honest employment. The attorney compared Pearson’s offense to pick- pocketing on Oxford Street in London, and suggested that such offenses in England and Wales would not attract sen- tences of imprisonment of a length that would be re- served for more serious of- fences of dishonesty. In reply, the magistrate pointed out that while pick- pocketing was a problem that has been present on the streets of London since the time of Charles Dickens, thefts from tourist areas in the Cayman Islands was an alarming new develop- ment that merited a sen- tence of deterrence. Such of- fending had to be stopped before it becomes common, he emphasized. Dealing with Pearson directly, the magis- trate accepted from Mr. Dixey that his client was genu- inely remorseful and recog- nized that his offense was bad for tourism. Starting at the two-year mark, the magistrate said he would give a full one-third for Pearson’s guilty plea. Guidelines say full credit need not be given where ev- idence is overwhelming. In this case a bystander took a photo of Pearson sitting on the ground with two men holding him down and a handbag nearby. Subtracting one-third to reflect the guilty plea and the remorse expressed by the offender, the magistrate reached 16 months. He said he also felt able to suspend four months of the sentence for two years, on the condi- tion that the offender con- sent to undertake 80 hours of community service. Pearson did consent. He is to receive credit for his two- plus months in custody. A vacationing police officer and a tour bus driver detain Al Handel Pearson after he snatched a bag off the beach at Smith Cove on Dec. 30, 2015.The islands’ most-trusted news source 9 CAYMAN COMPASS • WEDNESDAY MARCH 9, 2016 Rachel Lera Parchment 09 Mar, 1930 – 21 Oct, 2013 Grandma, your 3rd birthday in Heaven has come around so quickly and I’ve thought about you daily ever since you've left me. There’s been an emptiness since you’ve been missing; everything is different. I hope the angels know what they have and since you used to love singing – I hope you’re in their choir. You were my "Rock" and everyone that knew us, knew that we were inseparable. I miss you very much and especially when I received my BA Degree in November 2014 and knew you were smiling down on me as you would've been so proud of your eldest granddaughter's achievements! Grandma, I will forever cherish our daily phone calls and every Saturday grocery shopping times together; amongst the many other things we've shared collectively, but just know that you will continue to live on in my heart, until I see you again. Loving you for always – Your granddaughter, Tasha Menzies and your two great-granddaughters, Janaé and Jaelynn Saturday grocery shopping times together; amongst the many other things we've shared collectively, but just know that you will continue to live on in my heart, until I see you again. Loving you for always – Your granddaughter, Tasha Menzies and your two great-granddaughters, Janaé and Jaelynn In Loving Memory Rachel Lera Parchment March 9, 1930 – Oct. 21, 2013 Mom My Angel Mom you're like an Angel Sent from up above, With all your kindness, tenderness And everlasting love. You have always looked after us And taught us right from wrong And when we were down or worried It's was always you who came along. You're not just Mom, but a friend of ours A friend we can't replace, And every time we think of you We see your smiling face. Although you’re gone in body Mom Your spirit still remains We will always cherish you Until we meet again. Remembering our loving Mother today on her birthday, and every day. Your children, grandchildren, & the rest of your family death and possible injury by a mistake. “If someone loses their life or sustains injury due to mal- practice, the least that should be available to the victim is compensation through a fi- nancial penalty.” He said until publicity around the recent case, he was unaware that Section 12 was being used to pro- vide protection to HSA staff in compensation claims, in- cluding medical negligence. He said he did not remember the full discussions around each clause of the law, but his recollection is that the in- tent of the disputed section was to provide some level of protection for directors on the HSA board. “In my opinion, it is not beneficial to the provision of affordable, high-quality healthcare if there is excessive litigation in a delivery system, but where healthcare practi- tioners are of the opinion that no matter what they do they cannot be held accountable, [except if the act or omission was in bad faith], that will only result in abuse and a de- terioration in the quality of care provided by the health- care system,” he said. “I hope that Section 12 of the HSA Law will be amended to reflect the initial intent,” he added. Justice Richard Williams ruled last month that the dis- puted section provides blanket immunity from medical mal- practice suits for anyone who works for the authority, ex- cept in cases where “bad faith” can be proved. His ruling fol- lowed arguments in the case of Norene Ebanks, whose child suffered serious birth defects as a result of what she alleges was the negligent management of her labor and delivery at the Cayman Islands Hospital. The Health Services Authority asserted that its staff are exempt from li- ability under section 12 of the HSA Law and the judge agreed, despite saying he was personally uncomfortable with such immunity. Section 12 states, “Neither the authority nor any director or employee of the authority shall be liable in damages for anything done or omitted in the discharge of their respec- tive functions or duties un- less it is shown that the act or omission was in bad faith.” Justice Williams said the implications of the clause were “troubling” and ad- journed his decision on a separate application that the law is incompatible with the Cayman Islands Bill of Rights, to give the attorney general another chance to join the case and justify that policy in court. But he said the wording of clause 12, re- gardless of his discomfort, is “clear and unambiguous.” Mr. McLean said he could not explain the pre- cise wording. He said he had been unaware until the re- cent ruling that such a clause existed in the law, which he tabled in the Legislative Assembly, but was drafted by government’s legal experts. Mr. McLean added, “However clause 12 in the HSA Law may have been constructed, it was never intended that the health practitioners at the HSA would be immune from neg- ligence claims.” He said the Cayman Islands Hospital and every other healthcare facility on island is required to main- tain medical malpractice in- surance as a result of the Health Practice Law, which was also passed during his tenure as minister. He said he was aware that the HSA maintains med- ical malpractice insurance. “It should thus be clear to see that the intention was to have malpractice insurance and no excep- tions were made to exclude any group of employees or practitioners in the Health Practice Law.” He said any discussion of legal immunity at the time the 2004 law was being drafted had centered on the board of directors and their concerns about liability, in a personal capacity, for deci- sions made by the board in good faith. He added, “The board saw its responsibility as largely dealing with administrative policy matters. Beyond that, it took the position that the medical environment was a very specialized field, deliv- ering healthcare services and was required to enforce and operate within standards, procedures and practices ap- propriate to the medical pro- fession, which were outside the competence of the board to determine, thus there was clear separation of responsi- bility between the two.” Lawyers from Samson and McGrath, who brought the landmark case on be- half of Ms. Ebanks and her daughter, made similar ar- guments in court, but the judge ruled that the wording of the clause was clear. A separate hearing will be held later this year on the issue of whether a law bar- ring the right to sue for vic- tims of medical negligence breaches human rights pro- tections guaranteed under the constitution. Magistrate refuses request for no conviction to be recorded CAROL WINKER cwinker@pinnaclemedialtd.com Being under the influence of alcohol was no excuse for the behavior that brought a man to Summary Court last week, when he pleaded guilty to wounding, posses- sion of an offensive weapon and disorderly conduct at a licensed premises. Defense attorney Dennis Brady told the court that his client, Duncan Winston Carter, used alcohol as a coping mechanism after he was made redundant from a civil service job he had held for 13 years. “He pleads guilty, not to a deliberate act, but to an unfortunate accident which would not have oc- curred but for alcohol,” Mr. Brady explained. Magistrate Grace Donalds said that the injury caused might have been accidental, but the consumption of al- cohol that fueled it had been deliberate. Crown counsel Neil Kumar said Carter attended Meringue Town Bar, owned by Lucille Barnes, around 2 a.m. on Nov. 1, 2014. There, Carter had an altercation with a family member of his and a scuffle took place. A security guard put him out and Carter was upset. He broke a bottle and tried to re-enter the bar, but secu- rity guards held him. When Ms. Barnes went out and spoke to him, Carter cut her hand with the broken bottle; stitches were required to close the wound. When interviewed by po- lice days later, Carter said that Ms. Barnes had held his hand. There was wrestling and a downward movement and that was when the bottle cut her. The magistrate had a summary of facts and photo- graphs of the injury. “I saw Your Honor’s reac- tion to the photo,” Mr. Brady acknowledged, adding that the appearance of the injury was much worse than it actu- ally was. He said Ms. Barnes got cut because she was trying to get Carter to desist from behavior she knew was out of character. The incident had started when someone made a dis- paraging remark about Carter’s grandmother. She had raised him and Carter was defending her, the at- torney explained. A social inquiry report had concluded that Carter’s potential for further of- fending was very low. Now 43, he was of previous good character, and had never been arrested. He did not carry any weapon to the bar and he did not go there in- tending to cause trouble. As a result of this inci- dent, he was trying to de- sist from alcohol, accepting that he was not physically equipped to handle it. Mr. Brady explained that Carter is a Honduran na- tional married to a non-Cay- manian on work permit. In order to go forward in work, he will need a clean police re- cord. The attorney therefore asked that no conviction be recorded against Carter. The magistrate said that in the circumstances of this case she did not feel it appropriate to not re- cord a conviction. Mr. Brady urged her to consider that even the person injured had supported the fact that she and the guards were trying to calm him down. But for the alcohol, Carter could have pleaded not guilty on the basis that it was an accident, “but he didn’t try to dance around the facts,” the attorney said. The defendant’s family was willing to assist him to pay compensation, he noted. “I ask that he be al- lowed to live and work in these Cayman Islands,” Mr. Brady concluded. The magistrate passed sentences of 40 hours of community service for disor- derly conduct, 90 hours for wounding and 40 hours for possession of an offensive weapon. She gave Carter one year in which to complete the total 170 hours. Wounding incident was fueled by alcohol, court hears CONTINUED FROM PAGE 1 McLean: Medical staff were never intended to have legal immunity Gilbert McLeanNext >