High of 84 Low of 75 Rough with wave heights of 4 to 6 feet. Small craft should exercise caution over open water. ESTABLISHED 1965 www.caymancompass.com – 50 CENTS – MONDAY JANUARY 16, 2017 THE WASHINGTON POST The content of his presidency EDITORIAL | PAGE 4 HAUNTED HOUSE: ‘GHOST CAYMANIANS’ AND PR LIMBO MADE WITH 100% BEEF RED BAY SEVEN MILE BEACH WATERFRONT WALKERS ROAD TOWN CENTRE PLAZA MADE WITH 100% BEEF RED BAY SEVEN MILE BEACH WATERFRONT WALKERS ROAD TOWN CENTRE PLAZA DEPORTATION CHALLENGE COULD SET LEGAL PRECEDENT BRENT FULLER bfuller@pinnaclemedialtd.com A blanket provision in Cayman’s Immi- gration Law that requires the removal of a non-Caymanian from the islands following conviction for any offense carrying at least a 12-month prison sentence may face court challenges in the coming months. One case, requesting judicial review of a prohibition order, was submitted in November on behalf of Ian Fernando Ellington. Ellington pleaded guilty to being an accessory after the fact to the September 2013 robbery of Ch- isholm’s Supermarket in North Side. Ellington argues that he was not given a “fair and reasonable” chance at a hearing be- fore the chief immigration officer’s decision on Sept. 3, 2016 making him a prohibited person in the Cayman Islands. “Ian Fernando Ellington is married to a Caymanian and should be given a chance to put his case forward against being designated as a prohibited person,” the judicial review filing states. A handful of cases that have come before the European Court of Human Rights in Stras- bourg, France, in recent years have debated issues similar to the ones being challenged in the Ellington case, according to U.K. bar- rister Colin Yeo. Mr. Yeo, a 15-year veteran British immi- gration attorney, wrote in a post on www. freemovement.org that the European Court of Human Rights decisions set out two situations in which a foreign criminal might succeed in fighting deportation on human rights grounds. ‘Cookout’ chefs descend on Cayman Over four days last week, a host of international and local chefs showed off their cooking and entertainment skills at the annual Cayman Cookout. Among the celebrity chefs were Anthony Bourdain, José Andrés, Emeril Lagasse and Eric Ripert. For more photos, see page 8. - PHOTO: STEPHEN CLARKE Cuban detainees react to new ‘wet-foot’ policy KAYLA YOUNG kyoung@pinnaclemedialtd.com Despite limited communication with the outside world, Grand Cayman’s deten- tion center for Cuban migrants was al- ready buzzing with chatter Friday about the abrupt “wet-foot, dry-foot” policy change in the United States. Most of the 83 migrants detained at the center had hoped to find refuge under the policy in the U.S., which until Thursday had granted legal status to Cubans who touched American soil. The Obama administration’s policy re- versal, however, has not deterred these mi- grants from seeking asylum. Edel Garcias, 19, said he and others have no intention of staying in Cuba if deported from the Cayman Islands, a common emer- gency stopping point for Cuban migrants en route to the United States. Garcias had planned to pass through Cayman before moving on to Gua- temala, Mexico and ultimately the southern U.S. border. “People are going to continue, because in Cuba the system that has been imple- mented obligates people to throw them- selves to the sea and emigrate far from their families,” he said. “Except now we are like normal Central Americans, like Mexicans or Hondurans.” Mr. Garcias said he left Cuba to avoid oblig- atory military service that goes against his family’s religious beliefs. Even after his de- tention in the Cayman Islands, he expressed no regrets about leaving Cuba. PLEASE TURN TO PAGE 9 » PLEASE TURN TO PAGE 9 » ABCDE NATIONAL WEEKLY Politics Intel agencies’ tough call 4 5 Myths Kleptocracy 23 Nation More towns can’t drink water 9 The content of his presidency From health care to Cuba, Obama will leave behind a record of liberal achievement PAGE 12 THE WEEK OF SUNDAY, JANUARY 15, 2017 . IN COLLABORA TION WITH Cuban migrants at the Immigration Department’s detention center in George Town vie to speak with a Cayman Compass reporter on Friday after hearing about the change in the U.S. ‘wet-foot, dry-foot’ policy. - PHOTOS: JEWEL LEVY2 LOCAL&REGIONAL MONDAY JANUARY 16, 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. - MONDAY - HACKSAW RIDGE (R) 12:30 | 3:35 | 6:40 | 9:45 ROGUE ONE 3D (PG13) 12:50 2D | 3:05 | 6:50 2D | 9:35 PASSENGERS (PG13) 1:00 | 3:50 | 7:00 | 9:40 MONSTER TRUCKS 3D (PG) 1:10 2D | 4:00 | 7:15 2D | 9:45 SING 3D (PG) 12:30 | 3:45 2D | 7:00 | 9:50 2D UNDERWORLD: (R) BLOOD WARS 3D 1:30 | 4:15 2D | 7:30 | 10:10 2D Defendant seriously injured in August 2013 driving offense CAROL WINKER cwinker@pinnaclemedialtd.com A man driving over 90 miles per hour in a 25 mph zone was sentenced last week to three years, four months imprisonment for causing death by careless driving. Dilroy Linwood-Watler of East End pleaded guilty to the charge; the victim was his brother Deuteron, who was visiting from Honduras. The incident occurred in the early hours of Saturday, Aug. 10, 2013, when the car Watler was driving collided with the seawall in the vicinity of East End Primary School. At a pre-sentence hearing last month, defense attorney Prathna Bodden explained that the delay in dealing with the matter was due to the serious injuries that Watler sustained. Because of neuro- logical damage, there were at one point questions as to whether he would be fit to plead, she said. Crown counsel Scott Wainwright told Justice Charles Quin that the speed limit in the area of the crash was 25 mph. At the point of impact, there is a very slight bend in the road which Watler failed to negotiate due to his speed – calculated by an accident reconstructionist to be 91.55 mph. Around 1 a.m. a woman driving in the area noticed a person lying on the ground with his feet on the car. She called 911 and fire officers arrived shortly after. They found someone trapped on the passenger side. By the time they could free him and get him to the hospital, he was declared dead on arrival. Watler was in the hos- pital for two weeks with in- juries to his head and chest. The woman who had called 911 said she had seen him at the Pirates Cove Bar around 11 p.m. drinking and dancing. Mr. Wainwright said there was no charge against Watler regarding any drinking be- cause, due to his medical state, no blood sample was obtained. There was an open bottle or can of beer in the car, he noted. He submitted photos of the scene and Justice Quin remarked, “It’s hardly recog- nizable as a car.” There were two aggra- vating factors: Watler did not have a valid driver’s license; he took the vehicle without the consent of the owner. Mitigating factors were Watler’s own serious inju- ries and his relationship with the brother, who was also de- scribed as his best friend. Deuteron was 26 at the time; Dilroy was 19. Ms. Bodden accepted that her client did not have a license. She clarified, how- ever, that the car belonged to a friend of Watler’s. He had planned to return it and he did not think his friend would object. She said there was no di- rect evidence of dangerous driving, which was part of the original charge. Watler, who had no memory of the incident, offered a plea of causing death by careless driving and the Crown ac- cepted it. The defendant was genuinely remorseful and did not know how to deal with what had happened, Ms. Bodden told the court. In passing sentence, Jus- tice Quin said this was a serious degree of careless driving, falling not far short of dangerous driving. He found it “quite amazing” that Watler had survived, noting that in their efforts to save his life, the medical professionals were not concerned about his al- cohol level. The quick ac- tions of the responders to the scene may well have saved his life, the judge added. “I accept everyone is grieving,” he said. “It is un- imaginable what the parents are going through.” Victim impact reports indicated that the mother and father were devastated: they had lost one son and the other was in prison. The judge said he was taking into account their very moving statements. The inci- dents had caused them sig- nificant emotional and fi- nancial stress. Watler’s father had said he hoped the defendant would get a job after release from prison and help take care of his brother’s children. Justice Quin emphasized the “terrifyingly excessive speed” and said Watler had shown total disregard for other road users; it was ex- tremely fortunate that he had not collided with a vehicle or pedestrian. With a maximum sen- tence of seven years, the judge said he chose five years as his starting point, partly because of the tragic cir- cumstances. With the stan- dard one-third discount for a guilty plea, the sentence was three years, four months. Victim impact reports indicated that the mother and father were devastated: they had lost one son and the other was in prison. Jail time for crash that killed brother Indian High Commissioner on courtesy visit The High Commissioner of India visited the Cayman Islands last week, where he held meetings with Governor Helen Kilpatrick, Acting Pre- mier Moses Kirkconnell, Fi- nancial Services Minister Wayne Panton and other Cabinet members. Sevala Naik, who has ju- risdiction as high commis- sioner in Turks and Caicos, Jamaica, British Virgin Is- lands and the Bahamas, as well as Cayman, also visited with members of the Indian community in Grand Cayman during this, his first official visit to the Cayman Islands. According to a Cayman Islands government press re- lease, Mr. Naik chatted with the governor and Cabinet ministers about highlights of the Indian economy, and to explore possible collab- orative ventures in different areas between the Cayman Islands and India.” He met the local Indian community at the Town Hall in George Town on Sunday, Jan. 8, to advise about rules and regulations affecting In- dians living abroad and an- swered other questions, par- ticularly about possible cultural outreach programs and educational opportuni- ties for children of non-res- ident Indians living in the Cayman Islands. He also vis- ited the Harquail Theatre to meet the Cayman National Cultural Foundation’s Ar- tistic Director Henry Muttoo and Manager Marcia Muttoo to discuss possible cultural exchange programs, ac- cording to the release. Mr. Naik also toured Health City Cayman Is- lands, which was opened by Indian doctor and phi- lanthropist Devi Shetty in 2014. Many of the hospital’s staff are Indian. The high commissioner got to check out some of Cayman’s wildlife as well, both above and below the water, with a trip on an At- lantis submarine and a visit to the Cayman Turtle Centre Island Wildlife Encounter. Mr. Naik was accompa- nied on his tours by his wife Sunitha and their two daugh- ters, as well as the unofficial Honorary Consul for India in the Cayman Islands, Dr. Krishna Mani. From left, Chief of the Governor’s Office Matthew Forbes, Sahithi Naik, Sunitha Naik, High Commissioner of India Sevala Naik, Governor Helen Kilpatrick, unofficial Honorary Consul for India Dr. Krishna Mani and Janvitha Naik JURY NOTICE The Grand Court jury report date has been changed. All Grand Court jurors in the Jan. 11 – April 4 session are advised that the report date of Monday, Jan. 16, has been changed and they should now to report for jury duty on Tuesday, Jan. 24, at 9:45 a.m. Call the Jury Information line at 244-3899 for the most up-to-date information. CLARIFICATION In the story “Stepfather sentenced for gross indecency” on page 6 of Friday’s Compass, a production error resulted in parts of some paragraphs being omitted. Referring to the defendant, the story should have read, in part, “In 2009, he was sentenced to three years for rape. [Records kept by the Compass show that the victim was his ex-wife and he pleaded guilty.]” CHILE LAUNCHES PROBE OF PRESIDENT’S DAUGHTER- IN-LAW FOR FRAUD SANTIAGO, Chile (AP) – Chilean prosecutors have launched a new formal criminal investigation tar- geting President Michelle Bachelet’s daughter-in-law. Natalia Compagnon, the wife of Bachelet’s oldest son, and her business partner Mauricio Caval at- tended a court hearing Friday. They are suspected of participating in illegal dealings through Caval, a company that provided real estate and consulting ser- vices for mining companies. Prosecutor Emiliano Arias says they are sus- pected of fraud during 2012-2013 in dealings with a businessman, selling him eight reports for $1.7 mil- lion with information lifted online from a copper com- pany. They could face up to five years in prison. Compagnon and Caval face another criminal probe following allegations of tax evasion in a real es- tate venture.. They are suspected of participating in illegal dealings through Caval, a company that provided real estate and consulting services for mining companies.3 LOCAL NEWS CAYMAN COMPASS • MONDAY JANUARY 16, 2017 +1.954.659.5080 l flgps@ccf.org clevelandclinic.org/flgps Make your connection to world class care. Our Global Patient Coordinators connect people from over 100 countries to a world renowned name in healthcare. Airport waving gallery closes on Tuesday Public invited to say farewell JEWEL LEVY jlevy@pinnaclemedialtd.com The Cayman Island Air- ports Authority is inviting the public to Tuesday’s offi- cial closure of the Owen Rob- erts International Airport’s iconic open-air waving gal- lery and observation deck. The farewell cere- mony takes place at the A- frame waving gallery from 4 p.m. to 6 p.m. The area is being closed as part of the ongoing air- port expansion and redevel- opment project, according to a press release from the Air- ports Authority, which adds that the closure is necessary to comply with international security regulations. “The waving gallery has been an integral part of the airport for many years, and while we are saddened that it will no longer be an area for the public to greet friends and family, we realize this is a necessary step that we must take in order to have a world-class airport facility,” said Airports Authority CEO Albert Anderson. The waving gallery has been in place since 1984 when the airport building was completed. The airport was opened to the public on Nov. 10 that year, followed by its operational opening on Jan. 26, 1985. The cost of the airport project at the time, including the control tower and Civil Aviation offices, was $8.7 mil- lion, with $4.1 million funded through a loan from the Ca- ribbean Development Bank. The architect was Chalmers Gibbs Martin Jo- seph Partnership and the con- tractor was Arch & Godfrey Construction. The Govern- ment Public Works Depart- ment supervised the project. The current $55 million dollar airport expansion and renovation is being carried out in two main phases. The first phase, on the west end of the terminal, commenced in October 2015 and includes the construction of an area for baggage screening, air- line administrative offices, a baggage pick-up area and a rooftop mechanical room. The second phase consists of easterly and westerly ex- pansions, and renovations to the existing interior of the terminal building. Light refreshments will be served at Tuesday’s closing event and the public will have the opportunity to take photos from the waving gal- lery before the area is closed off, organizers said. LOWER PORT FEES FOR CAYMAN SHIPS IN CHINA China is granting the Cayman Islands-registered ships “most favored nation” status, paving the way for lower port fees for the ves- sels, the Chinese ambas- sador to the United Kingdom confirmed during a visit to Cayman last week. Liu Xiaoming, on a two-day official visit to Grand Cayman, confirmed that China would implement an agreement signed by the U.K. to grant most favored nation status to Cayman-registered shipping entering Chinese ports. The agreement will reduce port dues paid by Cayman Is- lands ships and is seen as a boost to the competitiveness of the Cayman Islands Ship- ping Registry, according to a Cayman Islands government press release. The ambassador’s confir- mation followed earlier dis- cussions between the Gover- nor’s Office and the Chinese Embassy in London. Ambassador Liu paid a courtesy call on Governor Helen Kilpatrick after he ar- rived on island Thursday, and then visited Acting Premier and Minister for District Ad- ministration, Tourism and Transport, Moses Kirkconnell. Prior to a lunch hosted with Deputy Governor Franz Manderson, the ambassador met with Minister for Finan- cial Services Wayne Panton and Ministerial Councilor for Health and Culture Roy Mc- Taggart. He also toured the Cayman Turtle Centre before attending a reception with financial services and com- merce stakeholders. On Friday, he visited Cayman Enterprise City to learn about the special eco- nomic zone and met Cayman Finance Chief Executive Jude Scott. He then visited with members of the Chamber of Commerce and went on to the Cayman Islands Na- tional Museum. The public is invited to attend the closing ceremony at the waving gallery from 4-6 p.m. on Tuesday. Acting Premier Moses Kirkconnell with Chinese Ambassador Liu XiaomingThe islands’ most-trusted news source 4 – EDITORIAL – Opinion&Letters The Cayman Compass welcomes comments, opinions and viewpoints from readers. Letters to the editor can be emailed to editor@pinnaclemedialtd.com, submitted via www.caymancompass.com, sent by post or hand-delivered to the Compass office. PRINTED AND PUBLISHED BY: Caymanian Compass Limited (a subsidiary of Pinnacle Media Ltd) Compass Centre Shedden Road, George Town SEND US YOUR VIEWS OR NEWS: P.O. Box 1365 Grand Cayman KY1-1108, Cayman Islands Telephone: (345) 815-0095 Email: newsdesk@pinnaclemedialtd.com ADVERTISE WITH US: Telephone: (345) 949-5111 Email: sales@pinnaclemedialtd.com Website: www.caymancompass.com PUBLISHERS DAVID R. LEGGE AND VICKI L. LEGGE EDITOR-IN-CHIEF DAVID R. LEGGE EXECUTIVE EDITOR PATRICK BRENDEL A MEMBER OF THE INTER-AMERICAN PRESS ASSOCIATION “Give light and the people will findtheirownway” MONDAY JANUARY 16, 2017 • CAYMAN COMPASS WASHINGTON – The shortest honeymoon on record is of- ficially over. Normally, newly elected presidents enjoy a wave of goodwill that al- lows them to fly high at least through their first 100 days. Donald Trump has not yet been sworn in and the honeymoon has already come and gone. Presidents-elect usu- ally lie low during the in- terregnum. Trump never lies low. He seized the ac- tual presidency from Barack Obama within weeks of his election – cutting ostenta- tious deals with U.S. man- ufacturers to keep jobs at home, challenging 40-year- old China policy, getting into a very public fight with the intelligence agencies. By now he has taken over the presi- dential stage. It is true that we have only one president at a time, and for over a month it’s been Donald Trump. The result is quantifi- able. A Quinnipiac poll from Nov. 17-20 – the quiet, hope- and-change phase – showed a decided bump in Trump’s popularity and in general na- tional optimism. It did not last long. In the latest Quin- nipiac poll, the numbers have essentially returned to Trump’s (historically dismal) pre-election levels. For several reasons. First, the refusal of an un- bending left to accept the legitimacy of Trump’s vic- tory. It’s not just the dem- onstrators chanting “not my president.” It is leading Democrats pushing one line after another to delegiti- mize the election, as in: he lost the popular vote, it’s James Comey’s fault, the Russians did it. Second, Trump’s own in- stincts and inclinations, a thirst for attention that leads to hyperactivity. His need to dominate every news cycle feeds an almost compulsive tweet habit. It has placed him just about continuously at the center of the national conversation and not always to his benefit. Trump simply cannot re- sist playground pushback. His tweets gave Meryl Streep’s Golden Globes screed priceless publicity. His mocking Arnold Schwar- zenegger for bad “Apprentice” ratings – compared with “the ratings machine, DJT” – made Trump look small and Arnold (almost) sympathetic. Nor is this behavior likely to change after the inaugu- ration. It’s part of Trump’s character. Nothing negative goes unanswered because, for Trump, an unanswered slight has the air of concession or surrender. Finally, it’s his chronic in- discipline, his jumping ran- domly from one subject to another without rhyme, reason or larger strategy. In a week packed with confir- mation hearings and Russian hacking allegations, what was he doing meeting with Robert Kennedy Jr., an anti- vaccine activist pushing the thoroughly discredited idea that vaccines cause autism? We know from way back during the Republican de- bates that Trump himself has dabbled in this dubious territory. One could, how- ever, write it off as one of many campaign oddities that would surely fade away. Not so, apparently. This is not good. The idea that vaccines cause au- tism originally arose in a 1998 paper in the med- ical journal The Lancet that was later found to be fraud- ulent and had to be re- tracted. Indeed, the lead re- searcher acted so egregiously that he was stripped of his medical license. Kennedy says that Trump asked him to chair a com- mission about vaccine safety. While denying that the tran- sition team does say that the commission idea re- mains open. Either way, the damage is done. The anti- vaccine fanatics seek any validation. This indirect en- dorsement from Trump is im- mensely harmful. Vaccination has prevented more child- hood suffering and death than any other measure in history. With so many issues pressing, why even go there? The vaccination issue was merely an exclamation point on the scatter-brained ran- domness of the Trump tran- sition. All of which contrib- utes to the harried, almost wearying feeling that we are already well into the Trump presidency. Compare this to eight years ago and the near eu- phoria – overblown but nonetheless palpable – at the swearing-in of Barack Obama. Not since JFK had any new president enjoyed such genuine goodwill upon accession to office. And yet it turns out that such auspicious beginnings are not at all predictive. We could see it this same week. Tuesday night, there stood Obama giving a farewell ad- dress that only underscored the failure of a presidency so bathed in optimism at its start. The final speech, amazingly, could have been given, nearly unedited, in 2008. Why it even ended with “yes we can.” Is there more powerful evidence of the emptiness of the intervening two terms? When your final statement is a reprise of your first, you have unwittingly confessed to being nothing more than a historical parenthesis. Charles Krauthammer’s email address is letters@charleskrauthammer.com. © 2017, The Washington Post Writers Group Just about everyone in the Cayman Islands has heard stories about duppies. Some may actually believe in them, too. We can assure you that yes, here in Cayman, “ghosts” do walk among us … But not in the supernatural sense. What we are referring to are “ghost Caymanians” – hundreds, perhaps thousands, of people who were born in Cayman, have Caymanian parents, possess a Cayman passport and believe they are Caymanian. But they don’t legally have Caymanian status. One scenario that may result in the creation of a “ghost Caymanian” is the following: A husband and wife move to Cayman as work permit holders. While on island, they have a child. Later, the parents obtain official Cay- manian status, and by extension the child becomes a “Caymanian by entitlement.” However, if, after reaching the age of 17 (and before the age of 24), the child does not apply for a continuation of that status from the chief immigration officer, he can lose it forever. According to an analysis written by local immigra- tion attorney Nick Joseph, “We have for some years been seeing an increase of such persons who seem to be here with no express immigration permission, and may have fallen through the cracks. It may be that a substan- tial number of status grants will be required to resolve the issue.” As Caymanian Bar Association President Abraham Thoppil highlighted last week, an added wrinkle in the issue of ghost Caymanians is that different government departments can be inconsistent in determining for their purposes who is treated like a Caymanian and who is not. “The consequences range from the issue of whether a child may benefit from free medical treatment to Cayma- nian ownership of local businesses or to the most funda- mental of constitutional considerations,” Mr. Thoppil said. Considered in conjunction with the 900 or so candi- dates for permanent residence who remain in limbo while awaiting for officials to consider their applications, the exis- tence of ghost Caymanians is evidence that the Cayman government’s immigration problems span several political administrations and iterations of the Immigration Law. In fall of 2013, the Progressives passed a new Immi- gration Law implementing a “points system” to evaluate permanent residence applications. Almost immediately it became apparent that the points system was fraught with internal contradictions, vagueness and vagaries and could hardly be expected to pass muster under con- stitutional and international standards. The Progres- sives government’s “solution” was simply to refuse to consider PR applications and eventually enlisted local law firm Ritch & Conolly to evaluate the state of Cayman’s immigration regime. Premier Alden McLaughlin is refusing to make public the so-called “Ritch report” or even to summarize its key points. The Cayman Compass is currently pursuing its release via the Freedom of Information process. In the meantime, a number of PR applicants have filed legal chal- lenges seeking judicial redress and/or monetary damages. Make no mistake: Premier McLaughlin and the Pro- gressives are responsible for the current PR morass. They created it through legislation. They exacerbated it through delay. They own it. But Cayman will pay for it. However, the flaws and cracks in Cayman’s immigra- tion system go back for decades, since the beginning of our country’s modern history in the 1960s. Over time, because of negligence and oversight – and the conspic- uous absence of the Office of the Governor – some of those crevices have widened into crevasses, and the resulting “gray areas” have swallowed up perhaps thou- sands of Cayman residents. The human toll is legion. The next elections are in May. No doubt the Progres- sives are praying that immigration’s house of cards holds up until then. Regardless of when the flimsy façade does inevitably collapse, the results may haunt Cayman’s tax- payers for years to come. Haunted house: ‘Ghost Caymanians’ and PR limbo What happened to the honeymoon? Charles KrauthammerKrauthammer It is true that we have only one president at a time, and for over a month it’s been Donald Trump.5 LOCAL NEWS CAYMAN COMPASS • MONDAY JANUARY 16, 2017 PremierHealth BRITISH CAYMANIAN INSURANCE AGENCIES LTD. BritCay House, 236 Eastern Avenue, George Town.Tel. 949-8699 12 Kirkconnell Street, Stake Bay, Cayman BracTel. 948-1760 www.britcay.ky A member of Colonial Group International: insurance, health, pensions, life British Caymanian Insurance Agencies Ltd. acts solely as an agent on behalf of various insurers; it does not act as an insurance broker on behalf of its customers. Wherever you touch down, you’re just a phone call away from your health plan. 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CALL 949-8699 or visit www.britcay.ky Court of Appeal: Insurer can avoid payout in fatal 2011 crash BRENT FULLER bfuller@pinnaclemedialtd.com A vehicle owner’s previous traffic charges, which were not disclosed to her insur- ance company, permitted the insurer to avoid any right of recovery of funds in connec- tion with a deadly 2011 crash on the Esterley Tibbetts Highway, the Cayman Islands Court of Appeal has ruled. The court’s decision, re- leased last week, involves the death of a Pennsylvania man – Richard Martin – in a Nov. 30, 2011 crash and any “vicarious liabilities” arising from that accident. Mr. Martin was studying at Cay- man’s St. Matthew’s Univer- sity at the time. A lawsuit filed in 2012 by the Pennsylvania man’s widow claimed that both the vehicle driver, Patrick Brooks-Dixon, and the ve- hicle owner, Victoria Jane Banks, should be assessed some liability in connec- tion with the fatal crash. Brooks-Dixon was sentenced to prison in connection with the wreck. Ms. Banks, who was never accused of any criminal wrongdoing, was nonetheless accused in the civil suit of being “vi- cariously liable” due to the fact that Brooks-Dixon was driving her SUV when the deadly accident occurred. The trial court found Ms. Banks had an active insur- ance policy in place at the time of the wreck with the Insurance Company of the West Indies. However, the trial judge, Robin McMillan, found that ICWI was “enti- tled to avoid the policy” on the ground that Ms. Banks had not reported having been charged with numerous traffic offenses in 2010. She was convicted of those offenses in 2013, ac- cording to the court records, which were separate from the Nov. 30, 2011 fatal crash. Ms. Banks appealed the trial court’s ruling to the Court of Appeal, which dis- missed the matter in No- vember 2016, upholding the decision of the trial judge. Writing the unanimous judgment of the court, Jus- tice Dennis Morrison noted that Ms. Banks’s attor- neys had argued her insur- ance policy should have cov- ered the 2011 fatal accident, since the she was not con- victed of her various traffic offenses until 2013. “This is an untenable ar- gument,” Mr. Justice Mor- rison wrote. “[Justice Mc- Millan] was entirely correct in his decision that ICWI was entitled to avoid the policy on the ground of the appel- lant’s non-disclosure of the pending motoring charges. “There was no unconscio- nable conduct or want of good faith by ICWI,” Justice Morrison wrote. Brooks-Dixon pleaded guilty to causing death by dangerous driving in May 2102 and was sentenced to three years in prison. About six months later, Mr. Martin’s widow, Susan Yee, listed several claims made as a result of the fatal accident. For instance, the law- suit claimed that Mr. Mar- tin’s salary as an employee of Ms. Yee’s company, Ac- tive Data, would have been about US$196,000 per year. Child care he provided for his daughter Zoe and 15-year-old Kayla Yee, who the lawsuit states “treated [Mr. Martin] as her father,” about 25 hours per week – would cost about US$58,000 per year. Funeral costs for Mr. Martin were listed at more than US$83,000; the value of his Honda that was de- stroyed in the crash was listed at around US$5,600 and a Tag Heuer watch de- stroyed in the car crash was valued at US$2,500. “[Mr. Martin] was a loving a dedicated husband and fa- ther,” the lawsuit states. “In 2011, [Mr. Martin] enrolled at St. Matthew’s University School of Medicine to train to obtain a medical qualifica- tion to, among other things, develop [Ms. Yee’s] business further and provide an alter- native source of income for their family.” It’s not known if any of these claims were able to be collected. Attempts to reach Ms. Yee in Pennsylvania Friday were unsuccessful. Former fire chief returns to work after hit-and-run acquittal A senior Fire Service De- partment official who was ac- quitted last week of careless driving and leaving the scene of an accident, in which two brothers were injured, will return to work this week, ac- cording to the department. Former Acting Fire Chief John Bodden will return to duty Monday. He was placed on required leave – sus- pended with pay – after being arrested in June 2015 in con- nection with the Jan. 26, 2015 hit and run. Mr. Bodden was found not guilty on Tuesday, Jan. 10, after Magistrate Philippa Mc- Farlane found there was no case to answer. Two brothers, ages 20 and 14, were hurt in the in- cident, after being knocked off the bike they were both riding. They were struck by a vehicle while on the pedes- trian crossing in the four-lane section of the road near Sa- vannah Primary School. Chief Fire Officer David Hails said in a press release that Mr. Bodden would return to work “at the substantive rank of Station Officer.” “Due to the length of time Mr. Bodden has been off duty, he will be placed on day shift until he has carried out re- fresher training and under- goes performance assess- ments to determine that he is fit for operational duty,” Chief Hails said. The scene of the Nov. 30, 2011 crash that killed Richard Martin, a St. Matthew’s University student. – PHOTO: BRENT FULLER “[Justice McMillan] was entirely correct in his decision that ICWI was entitled to avoid the policy on the ground of the appellant’s non- disclosure of the pending motoring charges.” COURT OF APPEALDISTRICT DAYS 6 District Days George Town MONDAY JANUARY 16, 2017 • CAYMAN COMPASS 50 years ago: Tourism in the spotlight In the Jan. 18, 1966 edi- tion of the Caymanian Weekly, a precursor of the Cayman Compass, George Town was abuzz with the arrival of a group of tourism promoters: “A contingent of 23 people, most representing concerns which help to pro- mote Cayman’s tourist in- dustry, arrived here on Sat- urday’s BWIA flight for a three day visit. The flight, arranged as a tourist pro- motion visit in conjunction with the BWIA jet inaugural to the Cayman Islands, was originally scheduled for Dec. 17 when the first jet aero- plane landed at Owen Rob- erts Airport. It was delayed, however, because many of the party would have been unable to leave their busi- nesses at that time. “On hand to greet the visitors, among whom was Miami’s mayor, the Hon. Robert King High, was His Honour the Administrator Mr. J.A. Cumber, and other dignitaries. The owners and managers of Grand Cayman’s leading hotels were also at the airport to meet the visitors and to escort them to their var- ious lodgings. “One of the highlights of an interesting programme arranged for the visitors was a boat trip on Monday across the North Sound to Rum Point and Cayman Kai at North Side and thence to the Tortuga Club at Col- liers. Five of the group flew to Cayman Brac on Monday for a short visit. “The Caymanian inter- viewed three of the visitors at the conclusion of their stay and it was learned that although the island was termed ‘delightful,’ there is ‘much room for im- provement’ in promoting tourism here. “Gordon Lattey, Associate Editor of Air Travel Mag- azine, advised that facili- ties to attract more tourists must be set up or expanded. “‘I’m impressed with the island and with its people – but I think you have a lot of work to do,’ Mr. Lattey said, with the added advice, ‘You have attractions for sportsmen but nothing be- yond that – and there could be better roads.’ “Another bit of advice was offered by Al Dinhofer, editor of the Beachcomber publication, who has vis- ited nearly all the islands in the Caribbean. “‘Your island is right on the launching pad of to- morrow and either you go up by promoting or you’ll abort. Either you blast away with promotion of tourism or you’ll be left behind. “‘The island has great potential and one of the greatest attractions is the congeniality of the people,’ Mr. Dinhofer said. “In answer, Mrs. Frances Junge, head of the New York office of the Cayman Is- lands Tourist Board, said, ‘We know all this, and this is the reason we printed a general brochure at great expense to the Cayman Gov- ernment, but the island is only coming into its own in tourism. It’s coming along slowly – but it is coming.’” Another event caused some excitement in the wa- ters off George Town, as re- ported by Birney Jarvis: “‘I’ve a whale of a tale to tell you lads, a whale of a tale but true’ – and it was a whale of a whale that brought work to a stand- still at Sea View Lodge last Thursday morning. “Now there are some, it is true, who say this whale was nothing but a big black- fish – but ask any one of the people at Sea View what they think about it. “Capt. Frank Roulstone, a sailor of the seas in every- thing from whaleboats to five masted schooners and those iron buckets they call freighters, is pretty darned sure what he saw off the shore of his Sea View Lodge [was a whale]. “Blackfish or whale or whatever, a large black mammal, fish or thing, spouting in the best tradi- tion of ‘Thar she blows,’ was having a little fun off Sea View’s ironshore, around 10 a.m. Thursday. He – or she – stayed around for about an hour and then headed south. “No one’s ever admitted spotting a while in these wa- ters, at last in recent years, because everybody knows that whales like water that’s cooler than ours. One local whaling expert explained, however, that whales make an annual migration to warmer waters to calve, and that usu- ally occurs in January.” More than 130 staff, vol- unteers and supporters took part in the YMCA’s second annual Leaders for Youth conference on Friday and Saturday. The conference, held at St. Ignatius Catholic School in George Town, offered up two days of learning to the partic- ipants to support the YMCA’s work with Cayman’s youth. “We ended up having more than 130 participants – which we were very excited about,” said YMCA commu- nity relations director Van- essa Hansen, noting that staff from the Brac also took part in the exercise. “It really was a great day bringing staff, volunteers and community partners to- gether. Full of inspiration and incredibly energizing,” said Ms. Hansen. Established in Cayman in 2012, the YMCA of the Cayman Islands is a chari- table, cause-driven, nonprofit organization that strengthens the community through a focus on youth develop- ment, healthy living and so- cial responsibility, a press release states. The event’s theme was “Bridge of Hope,” with Friday bringing a full-day of training focused on Y pro- gram leaders and admin- istrators, while Saturday brings all staff, volunteers, and program partners to- gether with group activities and breakout sessions. Saturday’s activities chal- lenged the participants’ teambuilding and collab- oration skills, as well as building their knowledge of specific areas related to working with youth. Sessions included such topics as creating safe phys- ical and emotional environ- ments, community service, conflict resolution, as well as literacy and numeracy ba- sics. Other topics included giving meaningful leader- ship roles for youth, devel- oping young athletes, posi- tive discipline, working with special needs youth, and character development and values learning. “We had four trainers from the Y of Greater St. Peters- burg, and two from the West- field Area Y in New Jersey, as well as local presenters from our staff and from Depart- ment of Education Services,” said Ms. Hansen. “We are excited to be able provide this opportunity to come together, share ideas, and reinforce the mission be- hind the work that we do,” said Y operations director Gillian Roffey. “We were grateful to have both local and international presenters who provide ex- pertise and cultural exchange opportunities.” The Y of Greater St. Peters- burg and the Westfield area Y provide the YMCA of the Cayman Islands with support, direction, and sharing of best practices. Visiting presenters toured Y programs and had a chance to see some of the popular sites on island. Y participants at the Leaders for Youth conference. YMCA community gathers for second annual training sessionDistrict Days George Town DISTRICT DAYS 7 CAYMAN COMPASS • MONDAY JANUARY 16, 2017 School groups delve into art at the National Gallery The National Gallery of the Cayman Islands’ educa- tion programs have gotten off to a busy start already this school year with a number of visits from local schoolchildren. Year 3 students from St. Ignatius took in a field trip to the National Gallery on Wednesday, Jan. 4. The stu- dents toured the gallery’s temporary exhibition, Speak to Me – Understanding the Language of Art, where they learned about symbolism, and had fun completing the “Paladin’s Quest” floor puzzle art installation by Aston Ebanks. They then headed to the Susan A. Olde Art Studio to put their newfound knowl- edge of symbolism to use by creating self-portraits in- corporating personal sym- bols to reflect their indi- vidual identities. After the visits, the stu- dents continued working on their pieces at school, and proudly displayed their work in the hallway for all to see. The following week, the gallery welcomed 97 George Town Primary students in Years 3, 4, and 6, who experi- enced different tours and ed- ucational activities. On Tuesday, Year 3s en- joyed a Minds Inspired Ac- tive Learning Series tour of the gallery’s permanent collection and gathered to paint watercolor turtles at the art studio. Then on Wednesday, Year 4 students had fun touring the Deutsche Bank Sculp- ture Gardens and the gal- lery’s permanent collec- tion to learn all about Cayman’s ecosystems. On Thursday, the school’s Year 6 students toured the Speak to Me exhibition, then took part in the self-portrait exercise at the art studio. “The National Gallery of the Cayman Islands is a fan- tastic resource for students and teachers. Tours can be customized to fit school cur- riculum goals, and hands-on educational activities make memorable learning expe- riences. Tours are free and come with additional re- sources for teachers to bring back to the classrooms,” said the gallery’s communications and public engagement man- ager Kaitlyn Elphinstone. “Grants to assist with transportation are available, making art and lessons in the culture and heritage of the Cayman Islands acces- sible to all schoolchildren.” George Town Primary School Year 4 students tour the National Gallery’s permanent collection. St. Ignatius students’ self-portraits on display at the school. George Town Primary Year 6 students at work on their self-portraits at the art studio.8 LOCAL NEWS Check out these photos and others by visiting caymancompass.com/photogalleries or on facebook.com/caycompass (and don’t forget to tag yourself and your friends!) The ninth annual Cayman Cookout, held over four days, kicked off Thursday with chef Eric Ripert joining New Zealand winery Craggy Range owner Terry Peabody and guests on a private jet for wine tasting and lunch at Le Soleil d’Or on Cayman Brac. Next day, José Andrés made one of his trademark entrances – landing on Seven Mile Beach on a Jet Ski and showering assembled guests with Champagne from a golden gun. MONDAY JANUARY 16, 2017 • CAYMAN COMPASS Terry Peabody, fifth from left, and Eric Ripert, third from left, with the group that flew by private jet to Le Soleil d’Or on Cayman Brac on Thursday. - PHOTO: VICKI WHEATON Chef José Andrés makes a dramatic entrance to his featured event on Seven Mile Beach. - PHOTO: TANEOS RAMSAY Terry Peabody of Craggy Range Wineries, left, and Chef Eric Ripert enjoying lunch at Le Soleil d’Or. Tony Biggs, director of culinary arts for Certified Angus Beef, at the Beach Bash. - PHOTO: TANEOS RAMSAY Eric Ripert takes a stroll on Seven Mile Beach Friday. - PHOTO: TANEOS RAMSAY Breville representative Adèle Schober with, from left, chefs Rainer Zinngrebe, Roland Passot, Eric Ripert, José Andrés and Emeril Lagasse. - PHOTO: STEPHEN CLARKE Anthony Bourdain makes Rita Estevanovich giggle. - PHOTO: STEPHEN CLARKE Guests gather at the Barefoot Barbecue at Royal Palms on Friday. - PHOTO: STEPHEN CLARKE The Westin’s executive sous chef Thinesh Madhavan in action. - PHOTO: STEPHEN CLARKE Lascell Davis cooks burgers at the Beach Bash. - PHOTO: TANEOS RAMSAY Cape Dutch executive chef Philippe Haddad prepares lobsters at the Beach Bash at Rum Point. - PHOTO: TANEOS RAMSAYThe islands’ most-trusted news source 9 CAYMAN COMPASS • MONDAY JANUARY 16, 2017 NEW YEAR SPECIAL 2-WEEK TRIAL PROGRAM INCLUDING UNIFORM FOR $49 CAYMAN KARATE ACADEMY 926 5425 BOBDAIGLE@ME.COM WWW.CAYMANKARATEACADEMY.COM FOCUS DISCIPLINE CONFIDENCE The first instance in- volves a foreign criminal who has been convicted of a less serious offense and who has lived in the for- eign land for most of his or her life, knowing little or nothing about the country to which he or she would be forced to return. The second instance in- volves whether a foreign criminal has children and/ or a spouse in the land from which he or she is being deported. “The question becomes whether the family can be expected to relocate abroad, whether it is rea- sonable and proportionate for the family to be per- manently split by depor- tation of the foreign crim- inal, or whether the foreign criminal should be allowed to remain with his or her family,” Mr. Yeo writes. In the U.K., Mr. Yeo said, judges have typically been highly skeptical of family related claims made by the subjects of deporta- tion orders. “Strong evi- dence is need to prove this,” he writes. In Cayman, both human rights protections for family life and for the guar- antee of proportionate, ra- tional and procedurally fair decision-making exist under the Bill of Rights at- tached to the local Consti- tution Order (2009). Under section 82 of the local Immigration Law, a non-Caymanian who is not a permanent resident can be deported after convic- tion “in any country” where the sentence exceeds 12 months. Permanent resi- dent status can be lost if a person is convicted of a crime in the islands. Ellington was sentenced to two years in prison in March 2014 for his role in the Chisholm’s Super- market robbery. Deportation challenge could set legal precedent “People are going to keep trying, because to live in Cuba, you have to be crazy,” Mr. Garcias said. From behind the deten- tion center fence, dozens of migrants crowded around Garcias, desperate to have their cases heard by the out- side world. Ydilianis Alcolea, 21, pushed to the front and over shouts and pleas for help, she said she has a mes- sage for her government. “I want to tell them that it doesn’t matter what Obama has implemented, because we are Cubans and we won’t stay quiet. When we go back there, we are going to join the opposition movement and we are going to fight,” Ms. Alcolea said. She has been trying to reach the U.S. for two years, with a hope echoed by her fellow detainees: to find work and pro- vide a better future for her family in Cuba. “In Cuba, I don’t have dreams. I don’t have liberty. I want to get ahead and fight for my dreams. I want to pull myself up. I want my chil- dren and my family to have a better future,” she said. Several migrants said they have been detained in Cayman for a year or longer, a claim that could not be verified with local immigra- tion officials. Noemis Rivero, 55, said she has been in detention for five months and has no idea how much longer she will need to wait for a re- sponse to her asylum re- quest. Like others, she still holds hope of obtaining legal status in the U.S. or the Cayman Islands – anywhere other than Cuba. “Here we are asking for asylum as well. If God gets us asylum, we can live better here because it’s a wonderful island to live on,” she said. Rivero and others said they have been unsuc- cessful in attempts to orga- nize meetings with immi- gration lawyers in Cayman and have not received word on how long their cases will take to process. Acting Chief Officer for the Ministry of Home Af- fairs Kathryn Dinspel-Powell said in an official state- ment that she hopes the U.S. policy change will ease migration pressure on the Cayman Islands. “We welcome the policy change and are hopeful that as a result we will see fewer numbers of migrants arriving on our shores and that ul- timately it will lead to a de- crease in the loss of life at sea,” she said. The policy change will not impact the status of Cubans already living in the Cayman Islands. The government re- ported it will continue to manage migration in accor- dance with local laws. CONTINUED FROM PAGE 1 Most of the 83 migrants detained at the center had hoped to find refuge under the [“wet-foot, dry-foot”] policy in the U.S., which until Thursday had granted legal status to Cubans who touched American soil. CONTINUED FROM PAGE 1 Cuban detainees react to new ‘wet-foot’ policy POLICE ENTER LATEST BRAZIL PRISON TO SEE INMATES MASSACRED RIO DE JANEIRO (AP) – Po- lice in Brazil have entered two prisons in the coun- try’s northern state of Rio Grande do Norte where a riot left at least 10 inmates dead on Saturday, authori- ties said Sunday. A statement released by the office in charge of state penitentiaries said the re- bellion started Saturday af- ternoon in the Alcacuz and Rogerio Coutinho deten- tion facilities, located next to each other outside the city of Natal. Police entered the prisons on Sunday morning, according to the statement. The riot erupted from fighting between rival gangs and was the latest in a series of massacres in the South America country’s penitentiaries that have killed more than 100. Authorities have said they expect the death toll from Saturday’s re- bellion to rise. The Alcacuz facility has capacity for 620 inmates, but houses 1,083. The last rebellion in Al- cacuz prison was in No- vember 2015, when a tunnel was discovered in one pavilion. The facility should house 620 inmates but has 1,083. The recent outbreak of prison violence in Brazil began on Jan. 1-2, when 56 inmates were killed in the northern state of Ama- zonas. Authorities said the Family of the North gang targeted members of Bra- zil’s most powerful crim- inal gang, First Command, in a clash over control of drug-trafficking routes in northern states. Many of the dead were beheaded and dismembered. Then on Jan. 6, in the neighboring state of Ro- raima, 33 prisoners were killed, many with their hearts and intes- tines ripped out. Cuba sees explosion in internet access as ties with US grow HAVANA (AP) – Two days be- fore Christmas, Luis Gon- zalez received a little Chi- nese modem from Cuba’s state-owned telecommunica- tions company. The 55-year-old theater producer connected the de- vice to his phone and his laptop computer, which in- stantly lit up with a service unimaginable in the Cuba of just a few years ago – rela- tively fast home internet. “It’s really easy to sit and find whatever you need,” Gonzalez said as he sat in his living room updating his Facebook account, listening to Uruguayan radio online and checking an arriving tourist’s landing time for a neighbor who rents rooms in their building in historic Old Havana. “Most Cubans aren’t used to this convenience.” Home internet came to Cuba last month in a lim- ited pilot program that is part of the most dramatic change in daily life here since the declaration of detente with the United States on Dec. 17, 2014. While Cuba remains one of the world’s least internet- connected societies, ordi- nary citizens’ access to the internet has exploded over the last two years. Since the summer of 2015, the Cuban government has opened 240 public Wi-Fi spots in parks and on street corners across the country. Cubans were previously restricted to de- crepit state internet clubs and hotels that charged $6-$8 for an hour of slow internet. In a country with an av- erage monthly salary of around $25, the price of an hour online has dropped to $1.50, still steep but now well within the range of many Cu- bans with private income or financial help from rel- atives abroad. The government estimates that 100,000 Cubans connect to the internet daily. A new feature of urban life in Cuba is the sight of people sitting at all hours on street corners or park benches, their faces illuminated by the screen of smartphones connected by applications such as Face- book Messenger to relatives in Miami, Ecuador or other outposts of the Cuban dias- pora. Connections are made mostly through access cards sold by the state monopoly and often resold on street corners for higher prices. The spread of connectivity has remotely reunited fam- ilies separated for years, even decades. It’s fueled the spread of Airbnb and other booking services that have funneled millions in business to private bed-and-breakfasts owners. And it’s exposed Cu- bans to a faster flow of news and cultural developments from the outside world – sup- plementing the widespread availability of media spread on memory drivers. Cuban ingenuity has spread internet far beyond those public places: thou- sands of people grab the public signals through com- mercially available repeaters, imported illegally into Cuba and often sold for about $100 – double the original price. Mounted on rooftops, the re- peaters grab the public sig- nals and create a form of home internet increasingly available in private rentals for tourists and cafes and restaurants for Cubans and visitors alike. On the official front, Google and Cuba’s state-run telecoms monopoly Etecsa struck a deal last month to store Google content like You- Tube video on servers inside Cuba, giving people on the is- land faster, smoother access. While the explosion of internet in Cuba has taken place alongside the process of normalization started by Obama in 2014, it’s un- clear how much better rela- tions have speeded up Cu- ba’s move online. Obama said in an- nouncing detente that he welcomed “Cuba’s decision to provide more access to the Internet for its citizens,” but neither Obama’s team nor Cuban officials have detailed whether that decision was di- rectly linked to negotiations to restore diplomatic ties and began negotiations. What is clear is that Cuba began to dramatically increase access about six months later when the gov- ernment began opening Wi-Fi spots around the country. For many Cubans, the start of home internet in December is potentially even more sig- nificant, breaking a long- standing barrier against private internet access in a country whose commu- nist government remains deeply wary about informa- tion technology undermining its near-total control of media, political life and most of the economy. For many Cubans, the start of home internet in December breaks a longstanding barrier against private internet access. – PHOTO: AP/DESMOND BOYLANNext >