ESTABLISHED 1965 www.caymancompass.com – 50 CENTS – MONDAY MARCH 14, 2016 High of 84 Low of 75 Slight to moderate with wave heights of 2 to 4 feet. ABCDE NATIONAL WEEKLY Politics Misstep taunts Rubio 4 Nation Corruption debilitates Tex. town 8 World Can kids learn the law? 10 5 Myths About heroin 23 The best medicine for your heart?Exercise, lots of it. PAGE 14 Pumping Blood THE WEEK OF SUNDAY, MARCH 13, 2016 . IN COLLABORATION WITH THE WASHINGTON POST Pumping blood EDITORIAL | PAGE 4 MISSING BOATERS: A REGRETTABLE RESPONSE TO THE POLICE RESPONSE SEVEN MILE BEACH WATERFRONT WALKERS ROAD TOWN CENTRE PLAZA CHICKENCHICKEN BURGER EXTRA LONGEXTRA LONG BUTTERYBUTTERYBUTTERYBUTTERYBUTTERYBUTTERYBUTTERYBUTTERY CHEESEBURGERCHEESEBURGER CHICKENCHICKEN BURGER Legal immunity goes beyond hospital Roads, planning and airports staff also have protection JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com The controversial immunity clause pro- tecting negligent doctors from lawsuits is rep- licated in at least five other laws, including the National Roads Authority Law and the Development and Planning Law, which was passed last year. Two legal professionals told the Cayman Compass that a judge’s ruling last month on section 12 of the Health Services Authority Law set a precedent that could be used to prevent lawsuits against staff at the NRA, the planning department and the Airports Authority, among others. “If an NRA employee is driving a vehicle in the course of his employment and crashes into you, the NRA and their insurer could de- fend the claim on the basis of the immunity,” said James Kennedy of Samson and McGrath, which brought the legal challenge against the Health Services Authority. Justice Richard Williams ruled that the “clear and unambiguous” wording in that law meant that all HSA staff effectively have im- munity from lawsuits unless “bad faith” could be proven. Despite expressing discomfort with the immunity, he said, legally speaking, the authority was within its rights to use Section 12 to prevent patients from bringing medical negligence suits. Gilbert McLean, the health minister at the time the law was passed, has said that was never the intent. A review of other legisla- tion shows that a version of the section exists in multiple laws passed by different govern- ments over the past decade. It is not known whether any other au- thority has used the clause to prevent law- suits, as the HSA has done. However, both Mr. Kennedy and Bilika Simamba, a legal consultant who previously worked as a legislative drafter for government, say Justice Williams ruling gives them power to do so in the future. Mr. Kennedy said the judge’s interpretation of the clause in the HSA law has far-reaching INDEPENDENT REVIEW OF MISSING BOAT RESPONSE JAMES WHITTAKER AND BRENT FULLER jwhittaker@pinnaclemedialtd.com, bfuller@pinnaclemedialtd.com The Governor’s Office has declared its re- view of the police response to reports of five boaters missing at sea will be completely independent. As the search for the three men and two boys officially moved from a “search and rescue” mission to “search and recovery” ques- tions continued to be asked about the speed of the initial police response. Governor Helen Kilpatrick confirmed in a statement late Thursday that she had agreed to appoint someone to carry out an inquiry following a request from Police Commissioner David Baines. That statement came several hours after Opposition Leader McKeeva Bush publicly called for an independent inquiry. Police, aided by the U.S. Coast Guard and volunteer boaters, have searched in vain across 2,000 square miles of ocean, over the past week, for any sign of survivors from the 28-foot Panga boat, which did not return from a fishing trip to 12-Mile Bank Sunday. Gary Mullings, his nephews Nicholas Watler, Kamron Brown, 11, and Kanyi Brown, 9, and his friend Edsell Haylock were on board. As of Friday, the search area, defined daily through analysis of drift patterns was more than 100 miles off shore. The family were informed that the operation had switched to a search and recovery mission, Auditors’ concerns remain about NRA deal BRENT FULLER bfuller@pinnaclemedialtd.com The Cayman Islands govern- ment may still be acting “without proper authority” during the re- negotiation process for a major land development agreement, of- ficials with the Auditor General’s Office said last week. “We have communicated again our concerns around this agreement in the way that’s being developed and how the process is going,” Acting Auditor General Garnet Harrison said during a Wednesday meeting of the Public Accounts Committee. “All government expendi- ture must be approved in the Legislative Assembly.” The concerns center on what has become known as the National Roads Authority agree- ment between the government authority and Dart Realty. The first section of that ar- rangement, which paved the way for construction of a Kimpton hotel and perma- nent closure of a section of West Bay Road along Grand Cayman’s Seven Mile Beach, was negotiated by elected min- isters “without the knowledge Students excel in robotics challenge Students from across the Cayman Islands competed in an underwater robotics challenge on Saturday. The teams were tasked with building and operating a remotely operated vehicle to complete a series of tasks in the pool of the Beach Suites hotel as part of the SeaPerch Challenge, a U.S.-based schools challenge to inspire youngsters to take an interest in science and technology. Pictured operating their ROV are, from left, Allie Rodrigues and Chris Touhey of Cayman Prep. The overall winners of the competition were the John Gray Bolts. For full story, see page 2. - PHOTO: LANCE PARTHE PLEASE TURN TO PAGE 8 » PLEASE TURN TO PAGE 9 » PLEASE TURN TO PAGE 8 »2 LOCAL NEWS MONDAY MARCH 14, 2016 • CAYMAN COMPASS Sponsored by: SATURDAY, MARCH 19th 8PM LONDON HAS FALLEN (R) 1:20 I 4:00 I 7:00 I 9:25 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 THE BROTHERS GRIMSBY (R) 12:50 I 3:00 I 5:10 I 7:20 I 9:30 GODS OF EGYPT 3D (PG13) 12:40 I 3:30 2D I 6:50 I 9:50 2D EYE IN THE SKY (R) 1:10 I 3:40 I 7:10 I 9:55 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. - MONDAY - Daily Matinees Every Day $8.00 Seniors, Mon-Fri Before 6pm Cayman Cinema@cbcinema6cbcinema6 640-FILM (640-3456) Dr. Wayne R. Porter MD F.A.A.D. Dermatologist call : 946-9020 between 9am to 5pm Dees Plaza #282 on Crewe Road, GT He will be in office from March 14th - 18th, 2016 LONG TERM RENTALS AT HARBOUR HEIGHTS 2BR/2BA CI$2,600 + utilities + 1 cleaning/wk. 4 separate units. Six to 8 months’ duration. Spectacular on SMB near Public Beach. No children. No pets. Month deposit required. Contact Paula/Shandy at 945-4295 John Gray students win robotics challenge JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com A team from John Gray High School triumphed Saturday in a science and technology challenge to build and operate a remote sub- mersible vehicle. Seven teams from five schools across Grand Cayman competed in the first SeaPerch Challenge at the Beach Suites hotel on Saturday. Students were tasked, over the past month, with building a remotely oper- ated vehicle from a kit and adapting it to perform a se- ries of challenges. The event, sponsored by Maples and Calder, cul- minated Saturday with the teams tasked with com- pleting two in-pool events, an underwater obstacle course and sprint challenge to dem- onstrate their vehicles’ fi- nesse and maneuverability. The teams also displayed posters and gave presenta- tions detailing their efforts over the past few weeks. The John Gray team of Jai Dixon-McKenzie, Najae Gordon, John Tatum, Zeb Yanez-Bush and Ethan Stewart, known as the Bolts, won the overall award and go forward to com- pete with the best underwater robotics teams from across the United States at Louisiana State University. “It feels amazing,” said Jai, 15, the team captain and boat pilot. “We’ve been working every day at lunch time and after school. We’ve learned a lot about how to build ROVs and working together as a team.” Their teacher, Desmond White, said he was proud of the boys’ efforts. A team from Cayman Prep, the Squad Bots, won the award for the most innova- tive design, and another team from the same school, the Prep School Parrots, won the best presentation award. Kaneesa Ebanks-Wilson, an associate at Maples and Calder and one of the event organizers, said it was in- spiring to see so many stu- dents excited and interested in science and technology. “We could not be more thrilled with how every- thing went. It was such a re- warding experience to watch the seven teams from var- ious local high schools put their science and engineering knowledge to the test during the underwater robotics competition.” Similar regional competi- tions have been held all over the United States as part of a curriculum-based chal- lenge that teaches students basic skills in ship and sub- marine design. The compe- tition was brought to the Cayman Islands for the first time this year through a partnership between Maples and Calder and the Women’s International Shipping and Trading Association. Christen Suckoo, chief officer in the Ministry of Education, said he was proud of all the participants and very happy with the perfor- mances of teams from John Gray and UCCI. “The John Gray victory should serve as a reminder to all of us that while, as in other systems, we have not yet resolved all of the issues we face, these issues are not representative of the public school student body as a whole, most of whom are hard-working, dedicated stu- dents who are capable of per- forming at the highest level.” The competition follows a series of free seminars hosted for more than 260 students from various local schools given by SeaPerch Executive Director Susan Nelson and Naval Surface Warfare Center electrical engineer Bill Porter. Saturday’s challenge also involved teams from Hope Academy and Triple C. Man killed in East End crash A 30-year-old man was killed after his car col- lided with an electricity pole near the Blow Holes in East End late Friday. The victim was named locally as Chris McLaughlin. Police said in a state- ment that the accident occurred just after 11:30 p.m. when a Toyota left the road and collided with a CUC pole. No other ve- hicles were involved and there were no passengers in the vehicle. The victim was unre- sponsive when emergency services arrived on the scene and had to be re- moved from the vehicle by the fire department. He was taken to the Cayman Island Hospital, where he succumbed to his injuries, the statement said. Suspected gunshot fired in failed robbery JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com An armed man smashed his way into a West Bay li- quor store with a concrete block, but ran away without taking anything in a failed robbery on Saturday night. Witnesses heard what they believed was a gun- shot during the attempted raid at Discount Liquors before the man fled on a bicycle. Robert Hamaty, owner of Tortuga Liquors, which operates the store on Willie Farrington Drive, said se- curity camera footage showed the man shatter the glass on a side entry door to the store. The front door has a push-to-enter security mechanism which requires staff to authorize anyone to come inside. Mr. Hamaty said the man was clearly seen car- rying a firearm in the se- curity footage. Staff had fled through the other door by the time he cleared the broken glass and entered the store. “Thankfully he didn’t get anything and no- body was hurt,” said Mr. Hamaty. He said a crowd gath- ered almost immediately outside the store and the man ran away through the broken side door without taking anything. Police said in a state- ment that staff believe they heard a “loud explosion which sounded like a gun- shot” as the man ran out of the store. The suspect was dressed in a dark jacket with a hoodie covering his head. He wore dark colored gloves and black shoes and was about 5 feet, 8 inches tall, according to police. Anyone with information can contact West Bay Police Station at 949-3999 or Crime Stoppers at 800-8477(TIPS). The teams were required to complete an underwater obstacle course to demonstrate their ROV’s manouverability. – PHOTO: LANCE PARTHE The winning team, John Gray Bolts: Zeb Yanez-Bush, Jai Dixon-McKenzie, Ethan Stewart, John Tatum and Najae Gordon. – PHOTO: JAMES WHITTAKER Chris McLaughlin in a Facebook photo posted by friends.3 LOCAL NEWS CAYMAN COMPASS • MONDAY MARCH 14, 2016 Personal Insurance *applies to new policies only. Certificate can be used with motor insurance. BRITISH CAYMANIAN INSURANCE CO. LTD. BritCay House, 236 Eastern Avenue, George Town, P.O. Box 74, Grand Cayman KY1-1102 Tel. 949-8699 12 Kirkconnell Street, Stake Bay, P.O. 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CALL 949-8699 or visit www.britcay.ky cgigrp No local cases; Zika continues to spread across the Americas CHARLES DUNCAN cduncan@pinnaclemedialtd.com Thirty-one countries in the Americas have docu- mented local cases of Zika, the mosquito-borne virus that has been linked to causing birth defects in ba- bies of infected women. An emergency com- mittee with the World Health Organization and the Pan-American Health Organization has been working to coordinate a re- sponse to the virus, while new cases, mostly from people who have visited infected countries, continue to show up from Kansas to Cuba. The Cayman Islands has no documented Zika cases, according to Dr. Samuel Williams-Rodriguez, the country’s leading public health official with the Health Services Authority. Responding to questions by email, Dr. Williams said, “So far, no patient meeting the case definition for ZikaV has been identified and tested in the Cayman Islands.” He added that sam- ples are regularly sent to the Caribbean Public Health Agency to be tested for dengue and chikun- gunya, and some are also tested for Zika. At a press conference last month, Premier Alden McLaughlin said, “In all likelihood the virus will find its way here in the coming months.” Most neighboring coun- tries, including Jamaica, have confirmed local cases of Zika. Cuba has reported four im- ported cases of the virus, though the country has not said there is any transmis- sion locally. A recent World Health Organization update notes that sexual transmission of Zika is “more common than we thought.” Only one-fifth of the people infected with Zika will ever show symptoms, including fever, rash and joint pain, according to the WHO. Zika is of partic- ular concern for pregnant women. Dr. Williams writes, “Investigations are ongoing to establish if there is any as- sociation between ZikaV and microcephaly and other con- genital malformations, and/ or Guillain-Barre Syndrome.” Microcephaly is a serious birth defect: babies are born with small heads and under- developed brains. In its most recent report, the WHO’s Zika committee noted, “So far an increase in microcephaly and other neo- natal malformations has only been reported in Brazil and French Polynesia, although two cases linked to a stay in Brazil were detected in the United States of America and Slovenia.” WHO researchers said they are also investigating microcephaly cases in Columbia. Dr. Williams said, “The in- cidence of microcephaly and [Guillain-Barre Syndrome] in the Cayman Islands has not increased.” Cuba recently reported four imported cases of Zika. “Due to the proximity and constant traveling be- tween Cuba and the Cayman Islands we are monitoring the situation in Cuba very closely,” Dr. Williams said. Five plead guilty to credit card fraud Offenses occurred in 2015 CAROL WINKER cwinker@pinnaclemedialtd.com Four men and one woman, all foreign nationals, entered various pleas to credit card related charges on Friday. Sentencing was set for Tuesday after Crown counsel Toying Salako said she was of the view that so- cial inquiry reports would serve no useful purpose. Three of the defendants are Romanian nationals: Ovidui-Giulian Dobrea, 40; Ionut-Catalin Petcu, 27; and Marius-Ioan Bud-Popa, 42. Ayoub Cheaaibi, 27, is a British national. The woman, Nytia Tynea Bradley, 26, is an American. All five pleaded guilty to conspiracy with persons un- known between Oct. 24 and Nov. 3 to defraud by using cloned credit cards. All five were charged with possession of criminal prop- erty – that on Nov. 3 they were in joint possession of $13,307.64 cash. Cheaaibi and Bradley pleaded not guilty; the three Romanians pleaded guilty. There were several charges of converting criminal property – cash – by using it to pay for goods or services. Cheaaibi pleaded guilty to converting $555 by paying it to a local store for a computer. Petcu admitted con- verting $465 by paying Treasure Island Resort for a stay. Cheaaibi and Bradley pleaded guilty to converting $188.87 by paying a local store for clothing, and $1,300 to another store for jewelry. Cheaaibi pleaded guilty to converting $75 to pay for a bottle of perfume, and $59 for aftershave. Bradley pleaded not guilty to these two charges. Dobrea, Petcu and Popa admitted converting crim- inal property by paying $1,441.54 for airline tickets, and $99 for aftershave. Popa pleaded guilty to transferring criminal prop- erty out of the Cayman Islands, the amount being US$182. [The sums of money in all other charges were in CI currency.] Bradley pleaded not guilty to attempting to ob- tain services by deception at the Treasure Island resort by presenting a fake credit card as genuine. Ms. Salako said the pleas as entered were acceptable to the Crown. Since each defendant has his or her own attorney, it took some time to find a date for sentencing that fit every- one’s diary. However, Justice Charles Quin was able to set Tuesday for the five to be brought to court from cus- tody to finalize the matter. When the five first ap- peared in Summary Court in November, the presiding magistrate heard that the conspiracy was to de- fraud local banks by dis- honestly withdrawing cash from Automatic Teller Machines with the use of cloned credit cards. The Zika virus, which can cause birth defects in unborn babies, is transmitted by mosquitoes.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. When a tragedy occurs, a natural reaction is to look for reasons … then, failing that — to look for scapegoats. This is precisely what we see taking place in the case of the five boaters who went missing at sea on Sunday, March 6, and who are now presumed to have died. Unfortunately, a significant number of people in the community have determined to turn this occasion of mourning into a rallying cry against the Royal Cayman Islands Police Service, who, in their efforts to locate the missing boaters, appear to be deserving of praise, not condemnation. Our thoughts remain with the family and friends of the missing boaters, particularly the parents of 11-year- old Kamron Brown and 9-year-old Kanyi Brown. Why did this tragedy happen? We have no adequate answers. But, based on the facts we do have, we can tell you this much: It wasn’t the fault of police. It is most regrettable that some of our colleagues have abdicated their duties as responsible members of the media by stoking emotions of anger, resentment and vengeance, and directing them against the police. They should remember that a journalist’s obligation to the community is to inform — not to incite. Some have alleged that police were reluctant to launch a search immediately upon learning of the missing boaters because boat operator Gary Mullings (the uncle of Kamron and Kanyi) was well-known to law enforcement as a major drug trafficker. Others have accused Police Commissioner David Baines of not valuing Caymanian lives, generally. The evidence at hand does not support either of those vicious conjectures. Rather, all indications are that the police response was professional, appropriate and effective — although the results were not what anyone would have wanted. Let’s quickly review the time line of events. More details are contained in today’s story and in previous articles from the past week. Sunday, March 6, 3 p.m.-4 p.m.: A fisherman spots Mr. Mullings’s 28-foot Panga-style boat around six miles off the coast of Grand Cayman, with only one of its two engines operating. Weather conditions are worsening. 3:41 p.m.: A cellphone on the boat experiences a “catastrophic disruption.” Police believe this may have occurred when the boat overturned. 11:57 p.m.: Police are notified of the missing boaters. At this time, Commissioner Baines is not on duty; he does not learn about the missing boat until Monday morning. Deputy Commissioner Anthony Ennis, who is a Caymanian, makes the (correct) call not to deploy the police helicopter or marine vessels for a variety of reasons, including the broadness of the potential search area, limited helicopter capabilities, rough seas and extremely poor flying conditions. Monday, March 7, 8:30 a.m.: Following investi- gations that narrow down the search area, police mobilize boats and aircraft. 10:33 a.m.: The police helicopter spots the capsized boat. There is no sign of debris or the missing boaters. Tuesday, March 8: The boat is recovered by police. Throughout the remainder of the week, police, vol- unteers and extra-jurisdictional agencies continue searching for the missing boaters, without success. After drawing fire on the radio, in the blogosphere and from opposition politicians, Commissioner Baines asked Governor Helen Kilpatrick to set up an indepen- dent review of the police response. She agreed. Now, the police aren’t perfect. Investigators may find potential areas for improvement in regard to this particular situation. In any process of split-second deci- sion-making amid a complex series of unknowns — things can and do go wrong. That being said, Commissioner Baines is confident that the investigation will exonerate the actions of his officers. We share that confidence, and we support our police. Missing boaters: A regrettable response to the police response MONDAY MARCH 14, 2016 • CAYMAN COMPASS The Holocaust and the Jewish identity WASHINGTON – Bernie Sanders is the most suc- cessful Jewish candidate for the presidency ever. It’s a rare sign of the health of our re- public that no one seems to much care or even no- tice. Least of all, Sanders himself. Which prompted Anderson Cooper in a re- cent Democratic debate to ask Sanders whether he was intentionally keeping his Judaism under wraps. “No,” answered Sanders: “I am very proud to be Jewish.” He then explained that the Holocaust had wiped out his father’s family. And that he remembered as a child seeing neighbors with concentration camp numbers tattooed on their arms. Being Jewish, he declared, “is an essential part of who I am as a human being.” A fascinating answer, ir- relevant to presidential poli- tics but quite revealing about the state of Jewish identity in contemporary America. Think about it. There are several alternate ways American Jews commonly ex- plain the role Judaism plays in their lives. (1) Practice: Judaism as embedded in their life through religious practice or the transmission of Jewish culture by way of teaching or scholarship. Think Joe Lieberman or the neighbor- hood rabbi. (2) Tikkun: Seeing Judaism as an expression of the pro- phetic ideal of social justice. Love thy neighbor, clothe the naked, walk with God, beat swords into plowshares. As ritual and practice have fallen away over the gen- erations, this has become the core identity of liberal Judaism. Its central mission is nothing less than to repair the world (“Tikkun olam”). Which, incidentally, is the answer to the perennial ques- tion, “Why is it that Jews vote overwhelmingly Democratic?” Because, for the majority of Jews, the social ideals of lib- eralism are the most tangible expressions of their pro- phetic Jewish faith. When Sanders was asked about his Jewish identity, I was sure his answer would be some variation of Tikkun. On the stump, he plays the Old Testament prophet railing against the powerful and denouncing their treat- ment of the widow and the orphan. Yet Sanders gave an entirely different answer. (3) The Holocaust. What a strange reply – yet it doesn’t seem so to us because it has become increasingly common for American Jews to locate their identity in the Holocaust. For example, it’s become a growing emphasis in Jewish pedagogy from the Sunday schools to Holocaust studies programs in the various uni- versities. Additionally, Jewish organizations organize visits for young people to the con- centration camps of Europe. The memories created are indelible. And deeply valuable. Indeed, though my own family was largely spared, the Holocaust forms an ineradicable element of my own Jewish conscious- ness. But I worry about the balance. As Jewish prac- tice, learning and knowl- edge diminish over time, my concern is that Holocaust memory is emerging as the dominant feature of Jewishness in America. I worry that a people with a 3,000-year history of cre- ative genius, enriched by inti- mate relations with every cul- ture from Paris to Patagonia, should be placing such weight on martyrdom – and indeed, for this generation, martyrdom once removed. I’m not criticizing Sanders. I credit him with sincerity and authenticity. But it is precisely that sincerity and authenticity – and the impli- cations for future generations – that so concern me. Sanders is 74, but I suspect a growing number of young Jews would give an answer similar to his. We must of course remain dedicated to keeping alive the memory and the truth of the Holocaust, particularly when they are under assault from so many quarters. Which is why, though I initially op- posed having a Holocaust museum as the sole repre- sentation of the Jewish ex- perience in the center of Washington, I came to see the virtue of having so sa- cred yet vulnerable a legacy placed at the monumental core of – and thus entrusted to the protection of – the most tolerant and open na- tion on earth. Nonetheless, there must be balance. It would be a tragedy for American Jews to make the Holocaust the principal legacy bequeathed to their children. After all, the Jewish people are living through a miraculous age: the rebirth of Jewish sover- eignty, the revival of Hebrew (a cultural resurrection unique in human history), the flowering of a new Hebraic culture radiating throughout the Jewish world. Memory is sacred, but vic- timhood cannot be the foun- dation stone of Jewish iden- tity. Traditional Judaism has 613 commandments. The phi- losopher Emil Fackenheim fa- mously said that the 614th is to deny Hitler any posthu- mous victories. The reduction of Jewish identity to victim- hood would be one such vic- tory. It must not be permitted. Charles Krauthammer’s email address is letters@charleskrauthammer.com. © 2016, Washington Post Writers Group Charles Krauthammer the Jewish identity Krauthammer PRINTED AND PUBLISHED BY: Caymanian Compass Limited (a subsidiary of Pinnacle Media Ltd) Compass Centre Shedden Road, George Town SEND US YOUR VIEWS OR NEWS: P.O. Box 1365 Grand Cayman KY1-1108, Cayman Islands Telephone: (345) 815-0095 Email: newsdesk@pinnaclemedialtd.com ADVERTISE WITH US: Telephone: (345) 949-5111 Email: sales@pinnaclemedialtd.com Website: www.caymancompass.com PUBLISHERS DAVID R. LEGGE AND VICKI L. LEGGE EDITOR-IN-CHIEF DAVID R. LEGGE A MEMBER OF THE INTER-AMERICAN PRESS ASSOCIATION “Give light and the people will find their own way”5 LOCAL NEWS CAYMAN COMPASS • MONDAY MARCH 14, 2016 Two from Jamaican fishing boat jailed for ganja possession K-9 Unit found ganja in stereo speaker box CAROL WINKER cwinker@pinnaclemedialtd.com Two men from the fishing boat Shiloh appeared in Summary Court on Friday morning and pleaded guilty to possession of 13.05 ounces of ganja. Ricardo Dale Johnson, 25, and Roger Agosten Cayasso, 54, pleaded not guilty to the more serious charge of im- porting the ganja on Tuesday, March 8. After hearing sub- missions from attorney John Furniss, Magistrate Kirsty-Ann Gunn allowed this charge to lie on file. Mr. Furniss pointed out that the 90-foot vessel was outside Cayman’s territorial waters when it developed en- gine problems, broke down and had to be towed in. The two crew members admitted having the ganja for their per- sonal use, but denied any in- tention to import it. Senior Crown counsel Tanya Lobban said the pleas to possession were acceptable. The magistrate said the amount was larger than usual for personal use. She agreed, however, that the men had expected to be at sea for a long period of time. She imposed prison sen- tences of seven days’ each, with credit for time served. Ms. Lobban presented de- tails of the offense. She said a Customs K-9 Unit alerted of- ficers to a black speaker box located near a top bunk in the crew quarters. Johnson identified the stereo and speaker box as his. When the speaker box was opened, officers found vegetable matter wrapped in two plastic bags. The matter was field tested; it showed positive for ganja. Further questioning led to both men admitting having it in collab- oration, intending it for their personal use. The substance was taken to Cayman’s Forensic Science Lab, where its identification was confirmed. Leaving the importation charge on file means that it was not proceeded with at this time, but it could be brought back if circum- stances changed. If nothing further occurs, the charge could be dismissed after six months. Mr. Furniss indicated later on Friday that the vessel was still in port being repaired. He hoped the defendants would have served their sen- tence by the time the Shiloh was ready to depart. Johnson is from Clarendon, Jamaica. Cayasso’s charge sheet showed a Kingston address. A press release from the Customs and Immigration departments late Thursday indicated that all 32 crew members had been processed and temporarily admitted to the islands after the vessel’s arrival on Tuesday. A Customs K-9 Unit alerted officers to a black speaker box located near a top bunk in the crew quarters. The fishing vessel Shiloh was towed into George Town harbor on Tuesday.6 DISTRICT DAYS MONDAY MARCH 14, 2016 • CAYMAN COMPASS District Days George Town 50 YEARS AGO: Captain W. Bodden visits In the March 16, 1966 edition of the Caymanian Weekly, a precursor of the Cayman Compass, George Town correspondent Miss Frances wrote: “Dr. R.E. McTaggart and Miss Ruth McTaggart returned from Kingston on the 10th after a most happy and memo- rable visit. Arriving by the same flight were Miss Ivy Johnson who spent a week making arrangements at the University of the West Indies for fur- ther laboratory training, Mr. Val Cottrell, Clerk of Courts for Grand Cayman, Miss Edna Jefferson of West Bay who spent some time with her uncle Hugh at Baltimore, Md., Mrs. V.G. Johnson, and Byron Lee and the Dragonaires. “We are happy to have Mr. and Mrs. F.L. Fletcher of the Lime House, West Bay here again on their usual visit and especially to see Mr. Fletcher looking and feeling fine again after a restful time in the island. Their guests Mr. and Mrs. O’Halloran left on the 7th after a pleasant stay. “Mr. and Mrs. Drumsill guests of Mr. and Mrs. Neil Eaton left for a week’s stay in Jamaica before going back home to Montreal, Canada. “Mr. and Mrs. T. Sutton, of Cable & Wireless arrived from Norwich, England recently. Mrs. Sutton is now private secretary to Mr. Clark the con- sulting engineer of the airport project. They are occupying the home of Miss Amy Bodden. “Rev. George Hicks, M.B.E., B.A., returned from Jamaica on the 12th after their memorable visit to see Her Majesty the Queen and the Duke of Edinburgh. “Captain and Mrs. Warren H. Bodden returned to their home in Tampa after a very happy 17 day visit. It is hoped that their trip has been beneficial. Capt. Warren is 75 years of age and was a master mar- iner for many years having retired a few years ago. He owned the famous schooner ‘W.H. Arbutus,’ which was built by the Arch Brothers in 1939 … Captain Warren is now enjoying the fruits of his labours. They will spend a few days in Miami before returning with his daughter and her husband to Tampa. While in the island they vis- ited Cayman Kai and Tortuga.” PIN students bake their way to better math skills Youngsters baked their way to better math skills during a recent after-school program. A group of Year 6 George Town students who attend the PIN (Positive Intervention Now) after-school program took part in a session on the afternoon of Feb. 10 that combined learning math skills with baking and enjoying some tasty cupcakes. Program coordinator Marlene Ricketts said the stu- dents had great fun with the interactive lesson. “Not only did our students gain an insight into the art of baking from scratch, they were also called upon to use their nu- merical skills in interpreting the recipe and measuring out ingre- dients, as well as their social skills in working in teams,” said Ms. Ricketts. “Their creativity was called into play as they assembled their cupcakes as well. It was a fun all- round exercise that had each stu- dent working hard to produce a great end result.” Run by the Education and Youth Committee of St. George’s Anglican Church, the PIN after- school program is for stu- dents ages 9 to 10 who attend George Town Primary School. Participants receive attention, instruction, guidance and posi- tive reinforcement to help them gain the skills, knowledge and motivation they need to fulfill their potential. The program, which runs three days a week from 3-6 p.m. is “greatly boosted by a team of volunteers from the church, from business and from the commu- nity who work with the students in areas ranging from academics, to the arts, to etiquette and char- acter/spiritual development,” said Ms. Ricketts. “The aim is also to help the children discover new interests by exposing them to a variety of areas – social, cultural, historical, environmental, tech- nical and others. Our baking ex- ercise is a good example of how we find creative ways to intro- duce new skills.” Youngsters in the program also enjoy periodic trips to local sites of interest, such as the National Museum and the Law Courts. Volunteers have also worked with the children on proj- ects such as photography and Power Point presentations that the students create. “We aim to broaden the stu- dents’ horizons in as many ways as we can to ensure that they be- come exposed to as many positive influences as possible,” said Ms. Ricketts. “Children at these ages are at a very important point in their lives, just about to ap- proach adulthood, so the choices they make now will have a huge impact on their lives moving forward. We do our best to set them on a positive path for their road ahead.” PIN coordinator Marlene Ricketts with students Justin Wright, Kaden Scott Aguilar, Kenrick Sappleton and Kellita Thompson as they work on math skills involved with making cupcakes. PIN students Justin Wright, Chaaya Ferguson and Jahsara Henry work as a team while making cupcakes.CAYMAN COMPASS • MONDAY MARCH 14, 2016 7 DISTRICT DAYS District Days George Town Ancient Greece comes alive at Prep Through costumes, drama, dance and food, ancient Greece came alive last week thanks to the efforts of some George Town students. Cayman Prep and High School Year 5 students put on an action-packed Greek Day on March 9 to wrap up their study this term of the ancient Greeks. Teachers and children went all-out, dressing up as ancient Greek characters. The day’s activities kicked off with drama against the backdrop of the Dart Park amphitheater. The students sang “Ode to the Greeks,” performed the moving and graceful dance of the myth of Persephone and Hades, and recited a selection of work from Aristophanes’s “The Frogs.” On their return to school, the students took part in a wide variety of ancient Greek- themed activities. Some had fun deciphering the Greek lan- guage and its use in modern day English, while others commanded the Spartan Army in a strategic, mathematical battle-planning game. Others tried their hand at crafting Medusa heads from wire, foil and paper, and designing san- dals using ancient equipment. Students interested in per- forming arts wrote their own songs and raps related to the Greeks, and performed in a variety of drama activities. A Greek feast followed, featuring traditional items such as hummus, pita bread, olives, dolmades and herbed chicken, followed by peach and chocolate baklava, and honey cake and ice cream for dessert. The day concluded with a mock Olympics. Prospect Primary students explore mangroves A group of Year 5 stu- dents from Prospect Primary School recently had the chance to go out on the water for a hands-on lesson about mangroves. The students had in a full day of lessons and a boat tour through the mangroves on March 4 led by Cathy Childs of the National Trust for the Cayman Islands. “This educational pro- gram has been funded by CUC for 14 years, and has been led by National Trust staff for about four years,” said Ms. Childs. “All eight of the govern- ment school Year 5 classes take part in this one-day immersion in mangrove knowledge, and it con- tinues to be a big hit with the students as well as the teachers,” she said. The Prospect Primary students had some class- room lessons on mangrove fundamentals, then headed for the waters of the North Sound on a boat supplied by Sea Elements to get a firsthand look at what they were studying. “The outing is great fun for the kids, as some have never been on a boat before, and many of the kids just appreciate the chance to do something different,” said Ms. Childs. In addition to building their knowledge about man- groves, the students learned about related marine and terrestrial life. “We also cover topics like the water cycle and climate change,” said Ms. Childs, noting that the preservation of Cayman’s mangrove eco- systems remains essential for plants and animals, as well as for the people who live here. “Through this program, we hope to impart an un- derstanding in the students of the many critical eco- system services the man- groves of Cayman provide,” she said. “These include pro- viding breeding grounds for the fish we eat and which live on our reefs, and of- fering storm surge protec- tion through their amazing ability to hold vast amounts of water. “In addition, through their evaporation cycle, man- groves supply significant amounts of precipitation to the western part of Grand Cayman, which receives 40 percent more rainfall than eastern Grand Cayman. This is largely thanks to the Central Mangrove Wetland, which though im- portant is at present not a protected area.” The students enjoyed learning about mangroves out on the water. Dancers perform the story of Persephone and Hades. Yasmyn Elliott and Talia McMillan-Collett were among the dancers performing the myth of Persephone and Hades. Year 5 students recite the chorus of ‘The Frogs’ at the Dart Park amphitheater. Math teacher Damian Kane looked the part.The islands’ most-trusted news source 8 MONDAY MARCH 14, 2016 • CAYMAN COMPASS HELP QuickBooks We are qualifi ed accountants and Quickbooks Pro Advisors who make accounting easy and aff ordable – stop procrastinating and make that phone call today. Call 926 4850 or email teachus@candw.ky. Need help with your Quickbooks or you don’t even have an accounting system? Want training on the best way to use Quickbooks or do you just want us to do it for you? or assistance of civil ser- vants,” according to the au- ditor’s office. Other aspects of the agreement, while le- gally binding on govern- ment, have been in the pro- cess of renegotiation almost since the inception of the Progressives-led administra- tion in a years-long under- taking that one senior civil servant called “tortuous.” Asked Wednesday by George Town MLA Winston Connolly whether all nego- tiations now surrounding the additional amendments to the NRA agreement were being conducted “law- fully,” audit office managers opined that there were still some risks associated with the way government was handling the issue. “We have flagged… a number of areas of disagree- ment in terms of whether or not we believe that the cur- rent processes being fol- lowed are in compliance with the law,” said per- formance audit manager Martin Ruben. “Are the cur- rent processes being fol- lowed in compliance with the law?” Public Accounts Committee chairman Ezzard Miller asked. “We believe that there are some areas that it’s ques- tionable whether or not the current process is following the law,” Mr. Ruben replied. Mr. Ruben further ex- plained: “When these agree- ments are negotiated and eventually signed… before any government official can technically sign an agree- ment to spend money, or col- lect money or [forgo] revenue, in our opinion, it should be the Legislative Assembly that has the final say. For ex- ample, you could have the [assembly] approving appro- priations and budget bills… and then have another whole set of financial transactions occurring during the year for which the LA has no knowl- edge. That is not the intent of the constitution and the Public Management and Finance Law.” Mr. Ruben said auditors have explained their con- cerns regarding the negotia- tions to government and are trying to get the administra- tion to comply with the law “in all respects.” It is a matter of some dispute, in the view of civil service leaders, whether the auditor general reached the correct conclusion in his 2015 audit that certain ac- tions by government with regard to the earlier NRA agreement negotiations were “unlawful.” For instance, Planning Ministry Chief Officer Alan Jones noted that certain stamp duty and customs duty waivers can be pro- vided, according to the law, without approval of the Legislative Assembly. The auditor general’s position has been that those “con- cessions” attached to cer- tain property development agreements involve gov- ernment waiving revenues it would normally receive and should be included in budget documents, if mone- tarily significant. “There are some differ- ences with the auditor gen- eral,” Mr. Jones said. “Some of those differences will only be resolved, I believe, if government… decides to make legislative changes.” Legislative changes with regard to waiving certain duties, or taxes that gov- ernment collects have been made relatively recently. However, auditors have said those changes would essen- tially serve to institution- alize corrupt practices that were criticized as part of their 2015 report on the gov- ernment land deals. The amendment to the Public Management and Finance Law involved giving the Cabinet, and in some cases the finance minister acting alone, the ability to waive government revenue collection in certain cir- cumstances: For instance, waiving customs duty on construction materials for a needed public project. Previously, the power to waive or reduce those fees lay with the financial secretary. This change was rec- ommended by a select gov- ernment committee which spent a year reviewing fi- nance law amendments and was approved in October by the Legislative Assembly. “This amendment con- tradicts the effective role Cabinet plays in the gov- ernance framework… re- duces transparency and ac- countability for these types of transactions and effec- tively politicizes an admin- istrative decision-making process,” Mr. Harrison told the legislature’s Public Accounts Committee during an earlier meeting. implications for the authori- ties and departments covered by similar legislation. “With the wide interpretation of the im- munity, it means that anyone dealing with these bodies will have no recourse against them if they are negligent in the perfor- mance of their duties.” For example, he said, if an ambulance driver crashed his vehicle into a member of the public in the course of his em- ployment, an insurer could de- fend the claim on the basis of the immunity. The immunity could also conceivably apply to the Department of Planning if it dealt negligently with a plan- ning application, including un- reasonably ignoring objections from the public. Samson and McGrath is con- tinuing to challenge section 12 of the HSA Law in court, arguing that it contravenes human rights guaranteed by the constitution. If the challenge is successful, a rewrite of other legislation will also likely be required, said Mr. Simamba. “This immunity has far- reaching consequences. In a nut- shell, it means that every con- ceivable suit you can ever bring against a private individual and even core government cannot be brought against such a public authority.” He said it also im- pacts the rights of employees of authorities and departments, covered by versions of section 12, to claim compensation for unfair dismissal. “It is possible that there are legitimate complaints that have gone uncompensated because of this kind of immunity provi- sion. I also suspect that there are other authorities that have settled such matters despite the immunity provision,” he said. The National Roads Authority Law, the Airports Authority Law, the Development and Planning Law, the Monetary Authority Law and the Maritime Authority Law all contain an al- most identical version of section 12 of the HSA Law. The disputed section states, “Neither the authority nor any director or employee of the au- thority shall be liable in dam- ages for anything done or omitted in the discharge of their respective functions or duties unless it is shown that the act or omission was in bad faith.” Justice Williams’s ruling fol- lowed evidence in the case of Donette Ebanks, who was at- tempting to sue the Health Services Authority after her daughter suffered severe birth defects as a result of what she claims was the negligent management of her labor and delivery. During testimony from HSA Chief Executive Officer Lizzette Yearwood it emerged that the authority has settled some neg- ligence cases out of court, de- spite section 12, and in other cases has used section 12 to pre- vent lawsuits. MLA McKeeva Bush, who was leader of government busi- ness when the law was passed in 2003, said he was unaware – until publicity surrounding the recent ruling – that the clause had been used to prevent law- suits. He said he recalled that compensation settlements were paid in cases of alleged neg- ligence when he was leader of the country. “The intent was to make it so the board was protected. It was never intended to take away the right of a patient to compensation.” In a Legislative Assembly private members’ motion publi- cized by Mr. Bush last week, he called for the law to be changed to reflect “the intent of the law as agreed by legislators in 2004.” Earlier versions of the HSA Law were worded differently. In the 2003 version of the legislation, the immunity cov- ered everything except for “dis- honesty, fraud or wilful neglect.” In 2004, that wording was re- placed with “bad faith” and a separate clause was added spe- cifically indemnifying directors. A note to the bill says the change was made because board directors felt the pre- vious wording did not fully protect them. In 2010 the law was updated again to its current wording. Legal immunity goes beyond hospital CONTINUED FROM PAGE 1 Auditors’ concerns remain about NRA deal CONTINUED FROM PAGE 1 Hackers using WhatsApp message to target victims A new scam is making the rounds as a WhatsApp message trying to trick un- suspecting victims into clicking on a link offering free Internet access for smartphone users. The Information and Communications Technology Authority warned the public recently about the scam. ICTA, on its website, writes that the message reads: “Now, You can do WhatsApp Without Internet From Today. WhatsApp launches Ultra- Light Wifi Feature to Enjoy Free 3G Internet wherever you go for whatsapp appli- cation, Click On Below Link to Activate Now – http://free- wifi-for-whatsapp.ay3.co/.” ICTA warns users not to click on the link. “This is a scam,” the telecom authority notes in the alert. The message, sent to some WhatApp users, is sim- ilar to an email phishing scam. Hackers use enticing messages to get victims to click on the link or download a file. Once someone clicks on it, the website can down- load and install malicious software to a user’s phone or computer, giving hackers the ability to record keystrokes and steal passwords and ac- count numbers. WhatsApp, which now boasts more than a billion users around the world, is a common target for email scams. In January com- puter security researchers with Comodo Labs warned of a new campaign tar- geting Whatsapp users with emails saying the re- cipient has a voice mes- sage or video to download from WhatsApp. Instead of an audio mes- sage from a friend, the re- searchers say, the user downloads malware that installs automatically on the computer.9 LOCAL NEWS an official acknowledgment that the chances of finding any survivors is remote. Family members told the Compass earlier on Friday they were still clinging to hope, “I haven’t slept since last Sunday, I haven’t eaten. I just want my husband to come home,” said Kym Watler, 23, whose husband Nicholas, also 23, is among the missing five. Garbriella Jessica Ebanks, Mr. Watler’s sister, said the family were going through mixed emotions. “Everyone is angry, but they are still hopeful,” she said. They have been joined by politicians, led by former Premier McKeeva Bush, in raising questions about the police response. Mr. Bush, said he was not satisfied with the gover- nor’s intervention and wants any investigation to be com- pletely independent of both the police service and the Governor’s Office. He said the inquiry should be carried out by a commissioner ap- pointed through the Ministry of Home Affairs. Mr. Baines has defended the actions of his officers, but said he had requested an in- dependent review in light of public concerns. “In order to be trans- parent about the RCIPS de- cisions and actions, there should be an independent and complete review of all the circumstances from the first report, to deployment and actions thereafter.” Governor Kilpatrick said, “I welcome the request from the Commissioner of Police for an independent review of the RCIPS response to this tragic incident. All our thoughts are with the fami- lies of those who are missing. A suitably qualified person will be appointed to lead this review and to report to me on its outcome. I intend to make the report public in due course.” Earlier on Thursday, Mr. Bush circulated a Legislative Assembly private members’ motion, saying an inquiry was needed “to determine the facts of what ensued on Sunday, March 6, 2016 and surrounding matters con- nected to the disappearance of the five individuals, in- cluding an 11-year-old and a nine-year-old child.” Mr. Bush has listed inde- pendent Bodden Town MLA Anthony Eden as the sec- onder on the private mem- bers’ motion, suggesting that the proposal has broad sup- port from the opposition side in the assembly. In the text of the motion, Mr. Bush alleges a “discrep- ancy” in earlier reports of what occurred by the gov- ernment Ministry of Home Affairs, and accounts given by members of the missing boaters’ families. “The recent disappearance at sea of five persons was not handled with [the] efficiency and promptness that is ex- pected,” Mr. Bush states in the motion. Ministry of Home Affairs officials were not certain what “ministry” reports Mr. Bush’s motion referred to. Day-to-day operations of the Royal Cayman Islands Police Service do not fall under the oversight of any government ministry and all media state- ments on the search effort came directly from the police. Criticism of the police re- sponse, both from family members and the commu- nity at large, has centered on the time lag between the first confirmed report of the missing boat at 11:57 p.m. Sunday and the launch of the police helicopter and search boat after 8:30 a.m. the fol- lowing morning. Senior officers last week defended their actions, telling the Cayman Compass the re- sponse had been prompt and professional. Air Support Unit Executive Officer Steve Fitzgerald said the weather conditions on Sunday night had ruled out using the police helicopter for an offshore mission. With no moonlight, low clouds and rain, he said, it would have been impossible, and against aviation regula- tions, to send the aircraft out. Mr. Fitzgerald also stood by the police decision not to deploy the aircraft at first light Monday, around 6:30 a.m. He said it was not until later Monday morning, once further interviews had taken place and phone records had been checked, that it emerged the boat was last sighted around six miles offshore and not at 12-Mile Bank as originally indicated. He said careful prepara- tion had enabled the pilot and crew to conduct an in- formed and well-planned search that located the missing boat within two hours. The boat was towed back to George Town harbor by marine police Tuesday afternoon. “Despite the criticism we have received, our ma- rine officers and our air op- erations officers have been working tirelessly in this search, and I want them and every other officer who has been involved in this case, whether searching or providing care to vic- tims, to know how much their efforts are noticed and appreciated,” Police Commissioner Baines said at the time. “I also want to thank the volunteers who joined this search both on land and on sea.” CAYMAN COMPASS • MONDAY MARCH 14, 2016 Tel number: 949-6141 Shedden Road, Elizabethan Square George Town KARAOKE NIGHT every Friday HAPPY HOUR everyday 4pm-8pm Lunch Buffet from Monday- Friday 10:30-3pm (Dimsum every Tuesday) (sushi every Friday) o f G R A N D C A Y M A N Facebook page: facebook.com/thaihousecayman Students learn about safe driving from grandmother’s loss A woman who lost a grandson in a road accident spoke to students at Cayman International School last week about road safety. Suzy Soto, whose grandson Zak Quappe died after a 2013 road accident on South Church Street, shared the experience of her family’s loss with more than 120 stu- dents in Years 8 to 12 during the interactive road safety presentation on March 10. “I want to save the youth of our islands,” Mrs. Soto said, explaining why she par- ticipated. “I want them to re- alize that one small choice, one mistake, can lead to tragedy. They won’t know what happened, but everyone they leave behind suffers.” Charles Gilman of the Streetskill Committee and Government Information Service also spoke to the stu- dents about the importance of road safety, highlighting the dangers of drinking and driving, speeding, and driving while distracted – including cellphone use. “To prevent teen fatali- ties, the most valuable thing we can do is to tell them about the realities of what happens if they drive irre- sponsibly,” Mr. Gilman said afterward. “We believe that this simple presentation has the potential to influence their decisions and one day prevent them from engaging in destructive behavior.” To increase awareness of the dangers of drunk driving, the session provided an op- portunity for youth to nav- igate an obstacle course while wearing Fatal Vision goggles, which distort a per- son’s sight in a manner that mimics the effects of alcohol. Students also watched the documentary “Road Impact: Cayman Islands,” produced by Cayman 27 television station in partner- ship with the Royal Cayman Islands Police Service. The film features interviews with survivors and family members of people who lost their lives in traffic inci- dents, as well as interviews with medical professionals and first responders. That documentary can be viewed online at www.youthfor- roadsafety.org. The Streetskill road safety campaign was launched in 2006 by Cayman’s National Roads Authority, the Royal Cayman Islands Police Service, the Cayman Islands Road Safety Advisory Council and Government Information Services. It aims to educate motorists, particularly young ones, about safe driving habits with an objective of elimi- nating road deaths in the Cayman Islands. Suzy Soto, whose grandson died in a motor vehicle accident, speaks to Cayman International School students about the dangers of unsafe driving. Independent review of missing boat response CONTINUED FROM PAGE 1 Although the boat was found Monday, there was no sign of the missing boaters.Next >