ESTABLISHED 1965 www.caymancompass.com – 50 CENTS – THURSDAY JANUARY 12, 2017 Personal Insurance Happy New Year! Have an even happier New Year paying less for more cover with home and car insurance! Fast claims service. Lowest deductibles, low premiums for comprehensive cover and save up to $400 on home and motor cover! Ask BritCay for a quote! BRITISH CAYMANIAN INSURANCE CO. LTD. BritCay House, 236 Eastern Avenue, George Town, P.O. Box 74, KY1-1102 Tel. 949-8699 www.britcay.ky A member of Colonial Group International: insurance, health, pensions, life Call 949-8699 www.britcay.ky cgigrp Official opening of Grand Court Chief Justice Anthony Smellie inspects the Royal Cayman Islands Police Service guard of honor outside the courthouse Wednesday as part of the official Grand Court opening ceremony. Officers in ceremonial dress uniforms marched to the courthouse as a small crowd of tourists gathered to witness the spectacle, part of the formal proceedings held every year to mark the official opening of court. The Chief Justice and other leading legal luminaries later addressed Cayman’s legal fraternity, highlighting the successes of 2016 and the challenges facing the judicial system in the year ahead. For more, see page 5. – PHOTO: TANEOS RAMSAY Government holds $11M in residence application fees BRENT FULLER bfuller@pinnaclemedialtd.com More than $11.2 million has been collected since October 2013 from permanent residence applicants in the Cayman Islands, according to records obtained by the Cayman Compass under the Freedom of Information Law. Less than $111,000 has been refunded since that time to unsuccessful applicants, as about 900 people continue to await deci- sions on their cases. The vast majority of the $11.2 million, ap- proximately $10.3 million, is considered re- fundable under the Immigration Law if none of the current applicants is successful in ob- taining residency status. The additional $900,000 paid in $1,000 one-time application fees would not be re- fundable under the law. The figures indicate that just less than $12,500 has been spent on average, per ap- plicant, on the outstanding applications. The figures reported relate only to those residents who have applied for PR status after living for eight years in the Cayman Is- lands. They do not include non-Caymanians who are married to a Caymanian and who have applied for a residency and employ- ment rights certificate. According to information provided by the Immigration Department, none of that cash is being held “in escrow” – in other words, in a specified, ring-fenced fund – for with- drawal at a later date. The money paid has Accident report: Wong did not cause wreck CAROL WINKER cwinker@pinnaclemedialtd.com An accident reconstruction- ist’s report included the opinion that senior immigration officer Garfield (Gary) Wong was not at fault for a collision that oc- curred in December 2013, Mag- istrate Grace Donalds heard on Tuesday afternoon. As a result of the incident, Wong is accused of careless driving, leaving the scene of an accident and driving under the influence of alcohol. He was driving a Dodge Ram truck at the time. One of the other ve- hicles involved was a BMW driven by a woman who was the Crown’s first witness. The BMW was headed toward Bodden Town and the truck was headed toward George Town in the vicinity of Hibiscus Gardens on Shamrock Road, the court heard. The accident reconstruc- tionist, who was consulted by the Crown, has not yet given evi- dence. Information from his re- port was elicited by defense FIRE OFFICER ACQUITTED IN HIT-AND-RUN CAROL WINKER cwinker@pinnaclemedialtd.com Senior fire officer John Sidney Bodden was acquitted on Tuesday of charges relating to a 2015 hit-and-run incident in which two brothers were injured. Mr. Bodden was acting fire chief on Jan. 26, 2015 – the National Heroes Day holiday – when the brothers were struck by a ve- hicle while in the pedestrian crossing in the four-lane section of the road near Savannah Primary School. When the defendant first appeared in court in July 2015, he was on required leave. In Oc- tober 2015 he pleaded not guilty to charges of careless driving and leaving the scene of the accident. Trial took place over four dates in 2016 and continued this week on Monday, when defense attorney Laurence Aiolfi made a submission of no case to answer. On Tuesday morning, Crown counsel El- eanor Fargin replied. Magistrate Philippa Mc- Farlane ruled in the afternoon, finding there was no case for the defendant to answer. The basis for the magistrate’s decision was that there was insufficient evidence that it was Mr. Bodden’s car that struck the victims. A written judgment is to be provided. Mr. Bodden’s car was a silver 2004 Lin- coln Continental. A case summary, which is not formal evi- dence but indicates what the Crown’s case is, stated that a silver Lincoln Continental PLEASE TURN TO PAGE 9 » PLEASE TURN TO PAGE 9 » PLEASE TURN TO PAGE 9 » Gary Wong2 LOCAL&REGIONAL THURSDAY JANUARY 12, 2017 • CAYMAN COMPASS Daily Matinees Every Day $8.00 Seniors, Mon-Fri Before 6pm Cayman Cinema@cbcinema6cbcinema6 640-FILM (640-3456) *Additional charges will apply per 3D ticket requested. 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. - THURSDAY - UNDERWORLD: (R) BLOOD WARS 3D 1:30 | 4:15 2D | 7:30 | 10:10 2D PASSENGERS 3D (PG13) 1:00 | 3:50 2D | 7:00 | 9:40 2D ROGUE ONE 3D (PG13) 12:50 2D | 3:05 | 6:50 2D | 9:35 SING 3D (PG) 12:30 | 3:45 2D | 7:00 | 9:50 2D FENCES (PG13) 3:30 | 9:40 ASSASSIN’S CREED (PG13) 1:20 | 4:00 | 7:15 | 10:00 MOANA (PG) 12:45 | 6:45 Legal change ‘clears the way’ for new developments BRENT FULLER bfuller@pinnaclemedialtd.com A number of “stalled” de- velopments, particularly along Grand Cayman’s Seven Mile Beach corridor, may be able to get under way now that laws regarding how high those structures can be built have been clari- fied, according to a recent legal analysis. Walkers Global law firm, which reviewed the issue of property setbacks in the tourism corridor, noted Monday that amendments to planning regulations ap- proved late last year kept those setback requirements the same for a 10-story building as for a seven-story building – 190 feet. The legal changes also al- tered the definition of “set- back” to include the hori- zontal distance between the high water mark and the building. “This amendment is an important development in the law and one which clears the way for developers to reach new heights in the Cayman Islands,” the analysis by three Walkers attorneys stated. A ruling in April 2016 by Grand Court Justice Seymour Panton had put into ques- tion the legality of new struc- tures in the Seven Mile Beach corridor that proposed to reach above seven stories. Justice Panton’s decision overturned earlier rulings by the Central Planning Au- thority and the Planning Ap- peals Tribunal that allowed Bronte Development Ltd. to proceed with the construction of two apartment buildings on Snooze Lane in George Town. According to the plan- ning application, one of the apartment buildings was to be 10 stories and the other was to be four stories. The land is on a relatively narrow strip between the George Town Villas and the Grand View condominiums. During the planning pro- cess, the authority received a number of objections to the new development from nearby strata members. Even- tually, members of the Grand View Strata Corp. sued the developer and the Planning Appeals Tribunal, resulting in Justice Panton’s ruling. In the 34-page judgment, Justice Panton identified the key issue, according to the court, as the existence of property setbacks – the dis- tance the development must be from the high water mark on the beach side. Justice Panton noted that Develop- ment and Planning Law reg- ulations, updated in 2011 and again in 2014, require all structures and buildings of up to three stories in a des- ignated hotel/tourism zone to be set back at a minimum of 130 feet from the high water mark. An additional 15 feet should be added to the setback requirements for each floor, four through seven, of a building. The planning law reg- ulations had not indi- cated what should happen with a building of between eight and 10 stories, Jus- tice Panton said. Essentially, the Walkers attorneys noted, the setback requirement for all such properties would be 190 feet. Opposition Leader McK- eeva Bush urged govern- ment members in November to support the development of even taller buildings in the tourism corridor, ar- guing in favor of 20- to 30- story buildings in the area. Now, no structure anywhere in the Cayman Islands stands higher than 10 stories. “Cayman can’t be left be- hind our competitors. We need to think of places like Monaco and Singapore and what they have done,” Mr. Bush said. “I am saying it is time for us to move to dif- ferent heights, to 20, 30 sto- ries. We will save land, we will save property and it will be better for these islands.” Pictured is the section of Seven Mile Beach land which was the subject of a court challenge last year. Government has now clarified property setback regulations regarding high-rise developments in the area, paving the way for future developments. DANIEL ORTEGA SWORN IN FOR 3RD TERM AS NICARAGUA’S PRESIDENT MANAGUA, Nicaragua (AP) – Daniel Ortega was sworn in for another term as Nica- ragua’s president Tuesday while his wife, Rosario Mu- rillo, became the new vice president, giving a married couple the reins of power for the first time in the Central American country’s history. Ortega, a 71-year-old former Sandinista guerrilla fighter, took the oath in Managua with the presidents of Venezuela, Bo- livia and Taiwan in attendance. He let his wife speak first. “I want to say to Nicara- guan women, here we are, we are going forward together and we have the future ahead of us winning the spaces that we deserve,” Murillo said. Ortega and Murillo were elected in November with 72.5 percent of the vote, but with a high rate of abstentions. Their party won 71 of the 92 seats in parliament. Ortega alluded to when he entered power in 2007 with the country’s business community against him. “The businessmen and a segment of the country were scared of our return be- cause of the seizures, the war, the chaos, but we have shown that it’s not like that,” he said. Nicaragua could face economic challenges in Orte- ga’s third 5-year term amid a steep drop in aid from Ven- ezuela, which has funded many social programs. A law is also being considered in the U.S. that could block Nica- ragua’s access to loans from international lending organi- zations, pushed by American legislators critical of a lack of government transparency. Sociologist Oscar Rene Vargas, a dissident Sand- inista, predicted Ortega will struggle with economic diffi- culties. And he criticized the married couple administra- tion installed by Ortega, who was one of the leaders of the rebel movement that ousted the four-decade Somoza family dictatorship in 1979. “A new dynasty has begun,” Vargas said. Violeta Granera, head of the opposition Broad Front for Democracy, said critics of Ortega will continue to be in the streets demanding that the country return to its insti- tutions and rule of law. “Nothing changes here,” she said. “The abstention in November was a clear mes- sage that the population calls for free, transparent, compet- itive and observed elections.” Public input invited on culture and heritage policy KAYLA YOUNG kyoung@pinnaclemedialtd.com The Ministry of Health and Culture is inviting the public to comment on a draft plan intended to protect and promote Caymanian culture. Ministry Chief Officer Jennifer Ahearn said the is- lands have witnessed a cul- tural reawakening and renewed interested in pre- serving local traditions, prompting the move toward government action. Through public consul- tation, the ministry hopes to define priorities in its 47- page draft document, devel- oped throughout 2016 by a steering committee and six subcommittees comprised of around 70 people. The draft broadly out- lines seven priority areas in- tended to guide future policy action: access, governance, legislation, knowledge, devel- opment, status of the artist and enterprise. Ministry Councilor Roy McTaggart described the cul- tural policy as long overdue and necessary, in part, due to the migratory nature of the islands’ population. “Together, our three islands make up a dynamic society that is constantly evolving and growing. I believe it is im- portant to safeguard the prac- tices of our cultural heritage, which is the backbone and heart of this country, while continuing to support sustain- able development,” he said. The draft was inspired in part by the U.N. Educa- tional, Scientific and Cultural Organization’s recommenda- tions on protecting the status of artists. This portion of the draft suggests creating social protections for artists, such as providing access to health- care and training opportuni- ties, as well as creating a na- tional artists’ database. Deputy Chief Officer Nancy Barnard said implementing such goals would depend largely on public input and definition of priority actions. “It’s like a calling [to be an artist] and they are here to be our artists,” she said. The ministry held its first open house Tuesday night and has two more sessions planned on each of the Sister Islands on Jan. 19. The Little Cayman meeting will be at the National Trust House from 11:30 a.m. to 1 p.m., and the Cayman Brac meeting will be at the Aston Rutty Civic Centre from 5:30-7:30 p.m. A feedback form is also available at the Government Administration Building in George Town. Through public consultation, the ministry hopes to define priorities in its 47-page draft document, developed throughout 2016 by a steering committee and six subcommittees comprised of around 70 people.The islands’ most-trusted news source 3 CAYMAN COMPASS • THURSDAY JANUARY 12, 2017 Thank You For your part in the Foster’s IGA 35th Anniversary Year of Giving 145,000 social impressions | $126,000 in donations | 1 year of lending a helping handThe 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. THURSDAY JANUARY 12, 2017 • CAYMAN COMPASS The election season is now well under way in the Cayman Islands, and so is the quadrennial whisper campaign about unseemly quid pro quo arrange- ments between candidates and residents, trading cash, favors or goods for votes. One way or another, it needs to stop. Cayman’s elections should be, in fact and in perception, a process that is clean, fair, ethical and without a whiff of undue influence or corruption. Although this will not appear on the government’s permanent residence quiz, almost everyone is familiar with the lore of how elections “really” work in Cayman: Air conditioners, refrigerators and turkey giveaways rule the roost (so to speak). Frankly, we have no credible evidence that blatant vote-buying is the rule in Cayman. If we are provided with any, we will publish it. (By the way, giving away refrigerators would have to be the least cost-effective method of securing votes. Even at A.L. Thompson’s superstore, a Whirlpool refrigerator carries a cost of $1,100 or more!) The mere absence of verification, however, does not remove the potential toxicity of rumors. If such voter tampering does exist, it needs to be identified and prosecuted. (Despite a search of the Compass archives and brain-mining of our most senior reporters as well as conversations with “old-timers” in the com- munity, we cannot identify even one case in Cayman’s entire history of a successful prosecution for an elec- toral offense.) Nevertheless, our election supervisor would be well-advised to clarify and make public once and for all what is allowed – and what is not – during campaigns. For example, is it acceptable for candidates to dip into their private resources and distribute gifts, aid or emoluments to their constituents? At what point does apparent compassion become obvious inducement to cast a ballot for a particular candidate? Even more concerning than the above hypothet- ical is the recent situation that materialized around the Progressives handing out tickets to last weekend’s Manny Pacquiao-hosted boxing event. The Progressives’ free ticket giveaway was not simply a matter of politicians dipping into their personal pockets and distributing goodies. Instead, it was a case where $20,000 of public taxpayer money was spent to sponsor an event; in exchange, the government was given a number of tickets to the event. Then the Progressives disseminated the tickets to chosen recipients, under the auspices of Minister Osbourne Bodden and Minister Wayne Panton of Bodden Town. Put another way, at some point, taxpayer funds were translated into a political party’s gifts. Thus far, the Progressives’ endeavors to ensuring fair elections has largely consisted of announcing that they will be double-checking the addresses of voters to make sure they are casting ballots in the appro- priate district. While that certainly is worthwhile, would it not be even more valuable to crack down on alleged vote-buying, or better yet, to put sharper teeth in the Elections Law? Another example: As it stands now, political parties, candidates and supporters are not held accountable for any election expenses that occur more than six weeks before Election Day. That is a loophole large enough to drive a Brink’s truck through. While it is vital that the letter of the law is adhered to, there is a difference between merely abiding by a mediocre or inadequate law, and raising the quality of the law itself. The voters in Cayman deserve for our elections to be administered according to the highest possible standard. Ensuring our elections are transparent and corruption-free LETTER TO THE EDITOR Bush: Setting the record straight on South America In the Jan. 4 issue of the Cayman Compass, the min- ister of tourism (Wayne Panton) published plans to get a consultant for the South American tourism market. In that article, the PPM minister tries to make it look like proper work was not done before on the matter of promoting the country in that region. Not so! The country ought to be sick and tired of the PPM taking credit for work they did not do – projects they op- posed – and the finances (sur- plus) of the country of which they opposed and disrupted the Legislative Assembly! The facts of the matter are as follows on the South American tourism projects, which as minister of tourism from 2009-2012 I promoted. 1. The Chamber of Com- merce, Cayman Islands Tourism Association and specifically the Marriott, Ritz and Westin were fully on board for our South American strategy which was to use Panama as a hub (Cayman Air- ways) for targets in places such as Argentina and Brazil which at the time had ever-increasing growth in the wealth of the middle class. 2. The same reasons the minister has outlined now (it’s winter in South America during our summer months, diversi- fying the visitor pool, etc.) were the reasons we stra- tegically started building this market. It seems as if after killing the Panama flight and strategy when this government came in, they now are rehashing an important portion of our tourism strategy, which was forward-looking when my government imple- mented it. All of a sudden now, for political gain, they are going to spend wasted funds on an- other consultant in order to do exactly what they found in place. Imagine, if they had just kept the course, where we would be now, four years later. 3. What funds were actu- ally allocated over the last four years to build the vis- itor numbers (marketing) which we knew would be a process that would take two to four years to bring about awareness in the minds of our po- tential Latin visitors? 4. They purposely destroyed a flight that was doing well (at least breaking even) and pulled the plug on the strategy, to now at the 11th hour pretend as if this is his idea, and that he has private sector support that was not there previ- ously. We had buy-in from all the major properties, CITA and the Chamber which is a rarity, and would have made much progress to date, if he had kept to our plan. Maybe he should dust off the plan and just implement it in- stead of playing politics with another consultant a mere few months before the election occurring. Here is what they should be doing: 1. Put back into rotation the Panama flight seasonally during the summer which allows for local traffic for residents and Cayma- nians as a vacation op- tion, and doubles as the best time for certain Latin American visitors to visit during their winter season. 2. Why does not the Depart- ment of Tourism reengage the contacts that we pre- viously helped to orches- trate from the local hotel brands that had represen- tation within countries such as Argentina and Brazil? Those resources are trusted, knowledge- able and cents on the dollar in regards to costs. 3. Allocate marketing dol- lars in order to build the brand of the Cayman Is- lands as a tourism des- tination, as we are only known as a financial hub in those countries. 4. Reengage strategies that I thought were inter- esting when I heard them; one such proposal was working with a bank that actually lent money to those middle-class persons specifically for vacations, as that is a norm in some of these cities. We would have been the preferred vacation destination and conducted joint cam- paigns and the such. 5. The private sector was so on board, I remember being surprised that hote- liers paid their own way and made multiple trips to target cities to partner with the DOT on their strategy and to introduce them to the right on-the- ground partnerships. We also put Panama in at the same time we put Dallas in with Cayman Air- ways flights, knowing that we would prove both to be lucra- tive markets, in order to get American to take over Dallas eventually and Copa to take over Panama. As we have seen, our strategy worked and American took over Dallas; however, they did not allow for the Panama strategy to work. Perhaps if they had left CAL on Panama season- ally and continued the Latin strategy, we would have had Copa flying here today from Panama. Concentrate on that rather than spending more on purchasing rickety Saab aircraft that do not work! The PPM has never had viable ideas! They have al- ways been good at smearing, and taking credit for the things they opposed and re- jected while in opposition. It is now election time 2017 and more and more of the same is coming from them! Opposition Leader McKeeva Bush It seems as if after killing the Panama flight and strategy when this government came in, they now are rehashing an important portion of our tourism strategy[.] 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 EXECUTIVE EDITOR PATRICK BRENDEL A MEMBER OF THE INTER-AMERICAN PRESS ASSOCIATION “Give light and the people will find their own way” Then-Premier McKeeva Bush, second from right, during a March 2012 visit to Panama with, from left, Cabinet Minister Mike Adam, Chief Officer Stran Bodden, George Town MLA Ellio Solomon, Bodden Town MLA Dwayne Seymour and Cayman Islands Chamber of Commerce President David Kirkaldy.5 LOCAL NEWS CAYMAN COMPASS • THURSDAY JANUARY 12, 2017 Back to drawing board for new court plan PwC proposals deemed unaffordable JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Three proposals for new facilities to meet the pressing demand for new court space in the Cayman Islands were dismissed as unaffordable, Chief Justice Anthony Smellie revealed Wednesday. He said consultants PwC, who produced a business case for the project, had been asked to go back to the drawing board and come up with cheaper alternatives. He was speaking at the formal opening of Grand Court for 2017 after a cere- monial inspection of a police guard of honor. Mr. Smellie said the lack of court space was a perennial concern that threatened to impact the administration of justice in the Cayman Islands. He said Cayman’s courts were facing a “relentless workload” comparable to that of much larger jurisdictions. The chief justice said, “We must do all we possibly can to avoid the situation, so lam- entably common in less de- veloped countries where people, all of them innocent until proven guilty and many of them ultimately acquitted of wrongdoing, languish in prison for unacceptably long periods of time before dis- posal of their cases. “Thanks to the stalwart efforts of all concerned, we are mercifully not yet in that situation, but we will find ourselves there inevi- tably, not long from now un- less the new building be- comes a reality.” The need for new court space has become an an- nual feature of the chief jus- tice’s address, delivered at the formal opening of court to Cayman’s legal fraternity. Last year, he reported that PwC had been recruited to work on the business case, a prerequisite for all major government projects. He said the firm had been instructed to work on the basis that at least 10 court- rooms and adjoining office space were needed. Speaking Wednesday, he said, “Three alternative de- sign options were developed by PwC but each of them presented immediate con- cerns about feasibility and affordability. As a result, it will be proposed to Cabinet that PwC are instructed to go back to the drawing board to develop a fourth and possibly fifth more affordable option.” The need for new space is particularly pressing in the summary courts, which handle an average of 10,000 criminal and traffic cases annually. He said the “dedica- tion and hard work” of all involved in the justice system had ensured there was no “gridlock” in the courts. Despite a lack of court- rooms and “other practical challenges,” he said summary courts disposed of 1,639 crim- inal and 8,860 traffic cases in Grand Cayman last year. There were 277 such cases in Cayman Brac, 144 cases involving youth offenders, while 47 defendants were re- ferred to the Mental Health Court and 44 new applicants entered the Drug Courts. Additionally, the coroner held 53 inquests. There were 500 family and civil cases; 121 indict- ments were filed in the Grand Court and 132 cases were disposed of – a marked in- crease on 2015, when 72 cases were disposed of. He said the cases spanned the gamut of criminal ac- tivity, including complex fraud cases, murder, robbery and a “marked and troubling increase in sensitive child abuse cases.” Support for swift passage of Legal Practitioners Bill JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Senior members of the legal profession urged the passage of the controversial Legal Practitioners Bill during the formal opening of court for 2017 on Wednesday. Alasdair Robertson, the head of the Law Society, and Abraham Thoppil, president of the Caymanian Bar Asso- ciation, used their speeches to express emphatic support for the legislation. Their comments were supported by Chief Jus- tice Anthony Smellie, who said he was pleased to hear of progress on the bill. “It is long overdue … the pro- fession has to compete in what has become a global economy,” he said. The most recent draft of the bill goes back before the Legislative Assembly at the next sitting. It was pulled from the agenda last year at the last minute for a fresh round of amendments after complaints from a number of local attorneys. Mr. Robertson said Wednesday that the latest draft was the best of the nu- merous versions that have been produced over the past 15 years. He said the legal profes- sion had grown from 20 prac- ticing attorneys when the original bill was passed in 1970 to more than 500 today, including more than 200 in Cayman, handling increas- ingly complex international cases. Mr. Robertson, global managing partner at Maples and Calder, said major in- ternational firms employ the vast majority of Caymanian lawyers and support staff. He said the 2016 version of the bill provided a “balance between protectionism and the need to compete globally.” He said it would secure and enhance opportunities for Caymanian lawyers while keeping control of the practice of law overseas within the Cayman Islands. Mr. Thoppil added his own endorsement of the bill, which he said promises a “new era” for the profession. “I can now congratulate government on grasping the nettle and pre- senting a bill that the CBA can support.” He said past discussions on the bill had been ham- pered by “ill-informed debate,” sometimes from people who had neither read it nor under- stood what it proposed. He said the bill would not fix all issues facing Cayma- nian lawyers and said more needs to be done to support their advancement. “The CBA has long been concerned about the lack of opportunity for Caymanian litigators to gain experience and progress,” he said. He added that this was ag- gravated by an “increasing de- pendence” on the English Bar and the use of video confer- encing to allow lawyers in the U.K. to do work that could be done locally. He highlighted a recent case where the parties had requested their counsel to appear by video link from overseas. “This is symptomatic of a mindset here and in London. Not so gradually, that sce- nario is becoming common- place and, unless challenged, it may become the norm. This is a public policy issue that will have to be addressed in the near future.” Several local lawyers still oppose the Legal Practitioners Bill, believing it will margin- alize Caymanian lawyers. Four local attorneys – Sammy Jackson, Selena Tib- betts, Anthony Akiwumi and Vaughan Carter – wrote to Financial Services Minister Wayne Panton last year to highlight concerns about the bill and to indicate that nei- ther the Cayman Law Society nor the Caymanian Bar Asso- ciation spoke for them when they endorsed the draft. Legal heavyweights back controversial bill Grand Court justices Ingrid Mangatal and Charles Quin, Chief Justice Anthony Smellie, Governor Helen Kilpatrick, Justices Richard Williams and Robin McMillan, assemble with members of the legal fraternity for the formal opening of court. – PHOTO: TANEOS RAMSAYDISTRICT DAYS 6 District Days Bodden Town THURSDAY JANUARY 12, 2017 • CAYMAN COMPASS 50 YEARS AGO: Richard Frederick on the mend after a successful surgery In the Jan. 18, 1966 edi- tion of the Caymanian Weekly, a precursor of the Cayman Compass, Floris McCoy was welcomed by the paper as she took over for Haig Bodden as the Bodden Town correspondent: “We welcome Miss Floris McCoy as our new corre- spondent for the district of Bodden Town and take this opportunity of thanking Mr. Haig Bodden for his ser- vices in this capacity over the past months. Ms. McCoy reported: “Mr. Forestal of Cable & Wireless has indicated that their circuit to Bodden Town is now in working order and telephone calls can be put through to this district at any time. “Mr. Richard Fredrick, one of the older residents of this community, recently had surgery in the George Town hospital. He at this time is up and around and he is coming along fine. He wishes to express thanks to the hospital staff for the good treatment given to him while there and special thanks to Dr. Hus- band for a job well done in helping to relieve six years of suffering. “Mr. Clive Whittaker, off the Deamaris of National Bulk Carriers, returned home on the 12th. He is happy to be with his family and friends again. “Mr. Samuel Foster ar- rived home on Friday. He is an employee of National Bulk Carriers. “After spending a few weeks in Bodden Town among family and friends, Stalin and Charlie Berry (sons of Mrs. Lindal Berry) returned to New York. Stalin will be joining a ship to go up to Vietnam and Charlie will be going to school. The boys were very much appreciated and we will miss them. “Mrs. Anton Bodden, after spending five months with her daughter in New York, came home on the 10th. Accompa- nying her was her brother Mr. Leslie Miller, now re- siding in New York. “Miss Orma Bodden, one of our island’s experienced school teachers, took over the North Side School as Head Teacher. Miss Bodden has worked in five of the seven school districts in the island. We congratu- late her on her work in all the schools and wish her a good year at North Side. “Some of us felt very happy to see the islands’ Teachers’ Association have their first meeting in the Town Hall at Bodden Town. This was an interesting meeting and we look for- ward to having the teachers in Bodden Town again. “Miss Janice Watler, after spending two weeks with her family during the Christmas season, returned to her studies in Jamaica. “Mr. James Lawrence, having been home for a few months, returned to America on the 6th. “Miss Zola Carter ar- rived here from Jamaica after spending two weeks with a friend.” A glimpse into local history: Logan Bodden’s House This single-story cottage- style house in Bodden Town was built by William Jackson in 1924 and is known in the community as Logan Bod- den’s house. According to the National Trust’s Historic Properties Register, the house was originally a cottage and later renovated to a cabin. It is built on a founda- tion of ironwood stilts, with walls of wattle and daub and a zinc gable roof. It also fea- tures a wood porch. The Trust notes the house was used in the past as the District Postal Distribution Centre. In a 2015 interview with Compass reporter Jewel Levy, local WWII veteran Clifton Bodden shared an amusing anecdote about the house’s role in this capacity. In the 1930s, he said, there were only two shops in Bodden Town – one owned by Logan Bodden, which was located to “the windward,” today regarded as central Bodden Town, and Biddle McCoy’s shop, located to “the leeward,” down past the Guard House Hill. Mr. Bodden and Mr. McCoy were both members of the government assembly who met on occasion with others to discuss the town’s affairs. Mr. Bodden was a justice of the peace who sat on the right-hand side of the room in the Bodden Town Town Hall where meetings were held, and Mr. McCoy, a vestryman, sat on the left. It so happened that Mr. Bodden’s wife Dena was the town’s postmistress. Their home was next door to the little Bodden Town Post Of- fice, and whenever Mrs. Bodden felt like going home to wash, sleep or cook Mr. Bodden’s dinner, she would just close the office, no matter the hour. According to Mr. McCoy, when the mail came, she had a habit of taking it down to her kitchen, and when people came to collect their mail, she would send them around to the kitchen window to collect it. Mr. McCoy did not like this idea, and made it his duty to question Mr. Bodden in the next sitting of the as- sembly about his wife’s method of handling the mail business. At the meeting, Mr. McCoy reportedly said, “Mr. Logan, how Ms. Dena is being paid, and she is passing the mail out her kitchen window to customers. By golly, she can’t do that.” Mr. Bodden didn’t like this line of questioning, telling Mr. McCoy it was none his business. It caused quite an argument, and other members of the as- sembly had to part them before they came to blows. Other members of the House cast their disapproval on the two, pointing out they were a justice of the peace and a vestryman and must learn to respect each other. But the two were not fin- ished with their argument. Mr. Bodden was the only assembly member from Bodden Town who had a car, and the group would ride home with him after attending a meeting, in- cluding Mr. McCoy. In the back of the car, Mr. McCoy continued with the argument. Mr. Bodden told him how he felt. Finally, Mr. McCoy could take it no more and grabbed Mr. Bodden from behind, causing the old car to bounce off the road and into the bushes. Bunyo Watler, a pas- senger in the car, jumped over Mr. McCoy and grabbed the steering wheel to keep the car from receiving more damage. As Mr. Bodden and Mr. McCoy fought, Mr. Watler finally got the keys from the car, as others jumped out to give the two a piece of their mind and tell them they needed to have re- spect for each other. Mrs. Bodden was finally convinced she needed to re- main in the post office until her hours were up. Logan Bodden’s House. - PHOTO: JEWEL LEVY WW II vet Clifton BoddenDISTRICT DAYS 7 District Days Bodden Town CAYMAN COMPASS • THURSDAY JANUARY 12, 2017 JEWEL LEVY jlevy@pinnaclemedialtd.com A new roadside grill of- fering Czech foods, steaks and jerk chicken has opened in Pease Bay, Bodden Town. Opened last month, the Czech Inn Grill, in the building once occupied by Chester’s Jerk and Fry Fish stand, is open Monday to Thursday from 11 a.m. to 10 p.m., Fridays and Saturdays from 11 a.m. to 11 p.m., and Sundays 11 a.m. to 8 p.m. The owners, chef Jiri “George” Zitterbart, former head chef at Morgan’s Har- bour and Grand Old house, and fiancee Dahema Baker, have spruced up the prem- ises to create a more con- temporary feel, offering diners a luxury, outside grill-style menu. Mr. Zitterbart, 40, said he was tired of working for other people and ready to strike out on his own. The building, which was up for lease, captured his imagination with its rustic charm. It took around eight months to get the structure and surrounding areas in good shape and ready for its new incarnation, he said. “I know it is something good for Bodden Town be- cause there is nothing much in the way of a reason- ably priced restaurant in the central district,” said Mr. Zitterbart. “You can come sit down, bring your own beer and enjoy the ambience [while you] order from the extensive menu,” he said. New outdoor furniture, lighting and a contempo- rary bar-style food counter grace the space for a less formal dining experience. There is no inside dining since the whole building is a kitchen. Out front, the abundance of greenery and wildlife offers customers a comfortable outdoor feeling while they eat. Customers can also choose to dine out back, where there is a giant black- board and chalk to keep chil- dren occupied. Table-style seating has also been added on the side to encourage a so- cial atmosphere where cus- tomers can enjoy a beverage, play games and be enter- tained by a local parrot and other creatures. Chef Zitterbart said diners will not be disappointed with the fresh snapper, wahoo and lobster dishes. True to its name, the Czech Inn Grill will not be serving much in terms of local dishes, though Mr. Zit- terbart said he is putting a new twist on the way re- gional dishes like callaloo and jerk are prepared. Even fried chicken is prepared the European way. Guláš, a European beef and vegetable stew seasoned with paprika and other spices, comes with Czech-style dumplings. It is prized for its flavor in his na- tive country, he said. The menu also offers a range of other presentations, such as a variety of burgers (blue cheese, lamb, barbecue) and salads (Greek, Caesar and house mixed, served with chicken or shrimp), sand- wiches and brussels sprouts in broth, as well as pork belly and chicken wings. Prices are intended to be affordable for everyone. “The most expensive dish we have is $18. We also offer fish fresh from the local ocean, not frozen,” said Mr. Zitterbart. This is available as catch of the day when weather per- mits fishermen to bring in their catch. “We also have mussels and other types of seafoods, and so far the feedback we have gotten from people who stop in is very good.” Czech Inn Grill is located in Pease Bay, Bodden Town. - PHOTOS: JEWEL LEVY Jiri Zitterbart stands by a menu highlighting Guláš as the daily special.Czech Inn owners Jiri Zitterbart and fiancee Dahema Baker. Czech Inn Grill opens in Bodden Town Meagre Bay Pond hosts diverse wildlife Bodden Town’s Meagre Bay pond, a large saline water body tucked away just next to the main road in Pease Bay, provides a home for a wide variety of wild- life, from fish to birds and reptiles. Year-round the area teems with wildlife, such as flocks of rasps, pied-billed grebes, kingfishers, coots and herons, according to National Trust Field Officer Stuart Mailer. Fred Burton of the De- partment of Environment notes that as a former An- imal Sanctuary it auto- matically became a Pro- tected Area under the National Conservation Law when that passed and came into effect. Mr. Mailer says that the pond has welcomed a va- riety of interesting avian visitors lately. Last year, birders noted around a dozen anhinga, large water birds also known as snake birds and water turkeys, as well as several cormorants. Last Friday, Mr. Mailer was delighted to spot a white morph reddish egret, a very rare sight on Grand Cayman, which displays a distinctive dance which it uses to scare up small fish from the shallows. And on a visit this week, Mr. Mailer spotted three to four ospreys, which may be nesting, as well as another rare sight, a red-breasted merganser, a kind of duck. The pond attracts large flocks of lesser scoup, a mi- gratory duck, which can be seen there now. A rocky area on the far eastern side of the pond also is host to a rare plant that serves as a larval food for Cayman’s pygmy blue butterflies. A lesser scaup - PHOTO: ROB CURTISThe islands’ most-trusted news source 8 Community CALENDAR ■ COMMUNITY CALENDAR is published TUESDAYS and THURSDAYS. It is available to charitable or nonprofit organizations. Items should be submitted at least three working days before publication. Information must include name of sender, signature and contact number. ■ Items may be faxed to 949-2662, brought to the Cayman Compass office on Shedden Rd. or emailed to cwinker@pinnaclemedialtd.com at least three days in advance of publication. THURSDAY JANUARY 12, 2017 • CAYMAN COMPASS SATURDAY, JAN. 14 ELECTIONS OFFICE OPEN: The Elections Office on Smith Road is open today from 9 a.m. until 4 p.m. Caymanians who have not yet registered to vote are urged to register. The deadline is midnight, Monday, Jan. 16. Those not registered cannot vote in the May general elections. For downloading the registration form and more details visit www.elections.ky. The Elections office is on the second floor of Smith Road Center, 150 Smith Road. MONDAY, JAN. 16 VOTER REGISTRATION: Caymanians who want to participate in the next general election have until midnight tonight to register to vote. Contact the Elections Office, second floor Smith Road Center, 150 Smith Road. Check website www.electionsoffice.ky for documents needed or call 949-8047. WEDNESDAY, JAN. 18 DEPARTMENT OF COMMERCE AND INVESTMENT: The DCI office, including its Business Licensing Counter on the first floor of the Government Administration Building, will close at 3 p.m. for a staff meeting. The main office will reopen on Thursday, Jan. 19, at 8:30 a.m., and the counter will reopen at 9 a.m. For more information, call 945-0943 or email info@dci.gov.ky. THURSDAY, JAN. 19 LITTLE CAYMAN: Vehicle Licensing visit, 9 a.m. to 2:30 p.m., Little Cayman District Office. FRIDAY, JAN. 20 CHRISTMAS TREE DISPOSAL: Last day to drop off natural Christmas trees for recycling. Containers to collect discarded Christmas trees are at Ed Bush Stadium in West Bay, George Town cricket field, Spotts dock and the southern entrance to Frank Sound Road. Mulching takes place Jan. 21. For further information, contact DEH’s Solid Waste unit at 949-8793. SATURDAY, JAN. 21 BURNS SUPPER: Celebrating poet Robbie Burns, this event is hosted by HospiceCare, supported by the Institute of Chartered Accountants of Scotland, at Grand Old House. The evening will include a piper, four- course formal dinner with wine and whisky, speeches and Scottish dancing. Cost per person is $150. Tickets can be purchased from HospiceCare office at Trafalgar Place (above Duke’s), West Bay Road, For further information, contact chc@candw.ky or 945-7447. BRAC SOCK HOP: National Trust of Cayman Brac District Committee presents the annual sock hop fundraiser 6 p.m. to midnight, Public Beach. For more information, contact aloha@candw.ky. FRIDAY, JAN. 27 STOP SMOKING: The Public Health Department reminds smokers who wish to quit the habit that there are still some spaces left for the upcoming smoking cessation classes the department is offering. Classes start on Feb. 8 2017 from 5:15 p.m. to 6:45 p.m. every Wednesday for seven weeks in the Public Health waiting room. Registration deadline is today. For more information or to sign up, contact the Public Health Department on 244-2889/244-2621, or email sarah.hetley@hsa.ky or nola.sanderson@hsa.ky. GENERAL INTEREST SINGLE-MEMBER CONSTITUENCIES: The Elections Office invites voters, potential candidates and their agents to learn more about recent changes to the Elections Law that have created 19 single- member electoral districts. Email office@elections.ky to ask questions or request short presentations for groups or organizations. Local media will carry information on upcoming meetings, which will aim to address questions. HUMANE SOCIETY BOOK LOFT: North Sound Road. Open Monday 12:30-4 p.m.; Tuesday through Friday 9 a.m. to 4 p.m., Saturday 9 a.m. to 5 p.m., Thursday 5:30-7:30 p.m. Volunteers needed for front desk a few hours per week. Email humanesocietybookloft@ candw.ky or call 946-8053. Donations of books, games, CDs, stationery, DVDs, cards etc., in good condition always needed. RED CROSS THRIFT SHOP: The Thrift Shop opening hours are Tuesday to Thursday, 9 a.m. to 2 p.m. and 5-7 p.m. Friday hours are 9 a.m. to 2 p.m. and closed evenings. Saturday 7:30 a.m. to 1:30 p.m. SPECIAL OLYMPICS: Volunteers are needed. Tuesdays at the Truman Bodden Complex at 5:30 p.m. for track/field, football and bocce. No experience necessary, just a smile and patience. Wednesdays at Lions Pool 10:15–11 a.m. You do not have to swim, just be able to walk in water chest-deep. Thursdays at First Baptist Church for basketball, 5:30–7 p.m. Saturdays, volunteers needed for Adult Special Olympic swim conditioning at CIS pool 9:30–10:30 a.m. Deck support and in-water swimming assistance needed. For more information, contact Penny McDowall at 516-2578 or pjmcdowall@gmail.com. COMMUNITY CHESS: Tuesdays 5-8 p.m., West Indies Wine Company. Join the Cayman Chess Club for a complimentary chess class and open challenges weekly. Anyone can learn to play and enjoy chess, even beginners. LOST DOGS: The Department of Agriculture and veterinary students of St. Matthew’s University provide an online list of dogs housed at the Department of Agriculture Animal Rescue Shelter in Lower Valley. Anyone missing a dog can check www.smustudents.webs.com. BETHESDA COUNSELLING CENTRE: Caters to all who seek help. Open Monday to Friday 9:30 a.m. to 5:30 p.m. at 68 Mary St. Appointments available Saturdays and late evenings. Center is owned and operated by the United Church in Jamaica and the Cayman Islands. Call 946-6575. ARTISANS MARKET: Camana Bay every Wednesday, noon till 8 p.m. Visual Arts Society artists display arts, crafts, paintings, prints, hand-crafted jewelry and ceramics for sale. Email info@visualartcayman.com. OPEN CANVAS: Wednesdays. Visual Arts Society supports this event at KARoo Restaurant in Camana Bay. 7-11 p.m. No fee, easels provided. Contact info@ongart.com or jar.was@gmail.com. MUSEUM TOURS: The National Museum provides guided tours for students and school groups free of cost. Students will gain an understanding of Cayman’s geological formation, flora and fauna, seafaring and rope-making heritage, political history and more. Contact the museum to book a tour in advance at 949-8368 or email info@museum.ky. CLUBS, ORGANIZATIONS ALCOHOLICS ANONYMOUS: Meets daily to help with drinking problems. For more information, call 926-9044 or visit www.caymanaa.org. NARCOTICS ANONYMOUS: Is available for substance abuse help. Call the info line at 929–NANA (6262). AL-ANON GROUP MEETING: Are you troubled by someone’s drinking? Al-Anon Family Groups can help. Call 928-8843 or email caymanalanon@gmail.com for meeting times. OVERCOMERS OUTREACH: A Christ-centered 12-Step Recovery Group addresses addictions and those affected by them. Meetings at Cayman Islands Baptist Church, Pedro Castle Road, Mondays, 7 p.m. For details, contact Virginia Castillo at 946-2422, or visit www.overcomersoutreach.org. For more Community Calendar events, visit www.caymancompass.com/events. Voter registration for the May election ends on Monday, Jan. 16. The Elections Office on Smith Road will open on Saturday, from 9 a.m. until 4 p.m. ENJOY DINING ON OUR WATERFRONT DECK ... WHERE EVERY TABLE OVERLOOKS THE SEA Cayman’s Favourite Seafood & Steak Restaurant for over 45 years George Town, on the Waterfront Monday - Friday & Sunday 11:30am - 2:30pm Monday - Sunday 5:00pm - 10:00pm info@lobsterpot.ky • www.lobsterpot.ky RECEIVE A WITH YOUR SUNDAY LUNCH JOIN US FOR SUNDAY LUNCH FREE GLASS OF PROSECCO LUNCH DINNER CALL 949.2736The islands’ most-trusted news source 9 CAYMAN COMPASS • THURSDAY JANUARY 12, 2017 attorney Dennis Brady when he cross-exam- ined the investigating of- ficer in the case. Asked if he was aware of the report’s conclusion, the officer said he recalled that the defendant was not at fault. Mr. Brady suggested that the report stated that the maximum point of en- gagement suggested that the BMW drifted across the center line, causing the collision. The officer said that did not impact his investigation. Asked why he did not pursue an investigation against the woman driving the BMW, the officer said it was the defendant who left the scene, “which I thought was horrendous,” he added. He said he considered the woman to be part of the investigation, but not the priority because she was not the one who left the scene and her passengers had possible injuries. Asked about a roadside breath test for the defen- dant, the officer said Wong could not provide an ad- equate sample. Mr. Brady asked if the defendant had explained that he was suf- fering from acid reflux at the time. The officer agreed that was possible. Later, at the police station, the de- fendant provided a suffi- cient sample and the re- sult was a reading of 0.184. The legal limit in Cayman is 0.100. Crown counsel Scott Wainwright then called as his next witness, fo- rensic toxicologist Dr. Wil- liam Lee Hearn, who pre- viously worked in Miami. He began giving evidence about “mouth alcohol.” He said the theory was that if there is excess al- cohol in the stomach and then there is a “wet belch,” that could contaminate the breath sample and make the reading higher. Continuing his evi- dence on Wednesday morning, he said the Intox- ilyzer 5000 machine used in Cayman would detect “mouth alcohol.” He indi- cated some disagreement with the person the de- fense will be calling as ex- pert on the subject. Given time constraints and the need for further calcu- lations, Mr. Wainwright asked for an adjournment for mention again on Jan. 25 to ascertain availability of witnesses. The trial is expected to resume in March, when Mr. Hearn is scheduled to be in Cayman for another matter. On Tuesday, after Mr. Wainwright called the driver of the BMW as his first witness and she agreed to the contents of her state- ment, Mr. Brady questioned her. She said she had been breathalyzed at the scene and the officer told her she was under the limit. Mr. Brady said to her, “I suggest your vehicle strayed onto the path of the truck. What do you say to that?” She replied, “I don’t recall.” gone into the government’s general revenue. “The fees are not paid into a fund account, but ac- counted for as unearned rev- enue until the applications can be dealt with,” an Im- migration Department state- ment sent to the Cayman Compass on Wednesday read. Unearned revenue means that while the application fees have been collected and placed in government general revenues, the same money is subtracted from the liabili- ties side of the ledger. Essen- tially, the government carries the money from the residence applications as an ongoing liability to be paid back out of the general revenues when required. The government has posted budget operating surpluses of more than $100 million in each of the past three years, and cur- rently maintains more than 90 days’ worth of operating cash on hand. Precisely when either the Immigration Department or the Caymanian Status and Permanent Residency Board will hear any of the out- standing applications is still not known, due to ongoing legal difficulties associated with the points system used to award such grants. The Cayman Islands gov- ernment has neither ap- proved nor rejected any permanent residence ap- plications under the cur- rent Immigration Law since at least January 2015. The government has blamed the state of uncertainty over the applications partly on an August 2015 ruling by Chief Justice Anthony Smellie on the permanent resi- dence applications of two non-Caymanians. The issues identified in the 2015 court judgment dealt with two major areas: First, the actions of the Im- migration Appeals Tribunal in judging two cases in which the non-Caymanians, a Canadian and a Jamaican, had applied for permanent residence. The tribunal’s ac- tions in the cases were deter- mined to be a “miscarriage of justice.” Those applica- tions were made under a former version of the Immi- gration Law. The two appli- cants were granted perma- nent residence following a re-hearing of their case be- fore the tribunal. The second matter involves the current per- manent residence system and how points toward that status are awarded to ap- plicants. Currently, appli- cants are required to secure 110 points out of 215 avail- able in the application pro- cess. Questions have arisen regarding how 15 of those 215 points are to be awarded in the process. Chief Justice Smellie con- cluded in the judgment that there were “immediate and obvious concerns” about the current two-tiered system for awarding permanent resi- dence applicants a total of 15 points for their occupation and another 15 points if their job is considered a “priority occupation” according to reg- ulations attached to the Im- migration Law. Premier Alden McLaughlin has said on a number of occasions that he would reveal government’s proposals to deal with the issues described by the chief justice, but to date he has not done so. Since the chief justice’s decision was released 17 months ago, a number of legal challenges involving in- dividual grants of permanent residence have been filed and two key cases are soon to go before the courts. One in- volves a funds manager who has alleged in a judicial re- view filing that government has placed an “unlawful moratorium” on permanent residence applications after it failed to hear his applica- tion from June 2014. A second case involves an accountant who has re- ceived permanent residence, but who has pursued a case against the government for monetary damages after it took three years for his ap- plication to be heard. In a speech at the Grand Court opening ceremony on Wednesday, Cayma- nian Bar Association Presi- dent Abraham Thoppil advo- cated for a solution to “the plight of many hundreds of expatriates.” “The implications for them, their families, our so- ciety and our wider com- munity are potentially ex- tremely negative,” Mr. Thoppil said. “It is hoped that the new year will find appropriate relief and that the due functioning of our immigration regime and the fulfillment of its diffi- cult but very necessary task can recommence.” was seen in the vicinity of the incident. A press release from po- lice days after the incident described the vehicle as a light-colored sports car. Among the agreed facts during trial was a list of Lin- coln Continentals registered in Cayman since 2000 and their colors. Both victims sustained injuries. The older brother, 20, was treated at hospital and released. The younger brother, 14, sustained a fractured skull, fractured hip and fractured left leg; he was hospitalized for about two weeks. The incident occurred around 6:50 p.m., about 35 minutes after sunset. The brothers were said to have been knocked off a bicycle that both were riding – one sitting on the crossbar and steering, the other on the seat, pedaling. In addition to the two charges for which not guilty verdicts were recorded, the defendant faced charges of using a vehicle without a certificate of roadworthiness and permitting the use of an unregistered vehicle. He en- tered guilty pleas early in the matter and was fined $200. Accident report: Wong did not cause wreck CONTINUED FROM PAGE 1 Fire officer acquitted in hit-and-run CONTINUED FROM PAGE 1 Government holds $11M in residence application fees CONTINUED FROM PAGE 1 Homeland Security pick cites securing border as top priority WASHINGTON (AP) – Donald Trump’s choice to lead the Department of Homeland Security likes the idea of a wall to secure the border with Mexico but says tech- nology and manpower are also a must. “A physical barrier in and of itself will not do the job,” retired Marine Gen. John Kelly told members of the Senate Homeland Security and Governmental Affairs Committee during a con- firmation hearing Tuesday. “Certainly it has to be a lay- ered approach.” The normally blunt- talking Marine walked a fine line in his answers to sev- eral questions about how Trump’s Homeland Security Department will carry out its many varied missions, specif- ically efforts to find and de- port immigrants living in the country illegally. He struck a balance between defending Trump’s hard-line positions on immigration and border security, and the more mod- erate positions of some sena- tors, especially Democrats. Asked about the fate of young immigrants protected from deportation by Presi- dent Barack Obama, Kelly told Democratic Sen. Kamala Harris of California that “the law would guide him” in every decision he will make if confirmed. Kelly also said the agency does not appear to have a particularly efficient way to track visitors who have over- stayed their visas and sug- gested it may be appropriate to “send someone to their house … and ask them why they haven’t departed.” Answering questions about his plans to secure the border, stop the flow of drugs and curb illegal border crossings, Kelly told lawmakers border security should not only focus on the frontier with Mexico, but said “security of the border starts 1,500 miles south of the Rio Grande in the jungles of Latin America.” He added that the U.S. should do more to curb demand for drugs in the United States and help stem the violence in a trio of Central American countries whose residents have been fleeing to the United States in recent years. Kelly’s confirmation is almost assured – a reality expressed by both Repub- lican and Democratic sena- tors Tuesday – but members of the committee nonethe- less pressed him to specify his stances on immigra- tion enforcement, border se- curity and some of Trump’s more controversial sugges- tions during the campaign, including the possibility of a registration system for Muslim immigrants. Kelly told lawmakers he does not support registering people based on ethnicity or religion and said he did not think religion should be a basis for counterterrorism or law enforcement operations. “I don’t think it’s ever ap- propriate to focus on some- thing like religion as the only factor,” Kelly said. He also said he accepts with “high confidence” re- ports from the intelligence community that Russia at- tempted to interfere in the 2016 presidential election. Kelly said he did not anticipate that immigra- tion enforcement officials would focus on young im- migrants living in the country illegally who have been temporarily protected from deportation. Retired Marine Corps Gen. John Kelly arrives for his confirmation hearing after being named by President-elect Donald Trump to be Secretary of Homeland Security. - PHOTO: AP As a result of the incident, Wong is accused of careless driving, leaving the scene of an accident and driving under the influence of alcohol.Next >