ESTABLISHED 1965 www.caymancompass.com – 50 CENTS – MONDAY MARCH 6, 2017 Also Available RED BAY SEVEN MILE BEACH WATERFRONT WALKERS ROAD TOWN CENTRE PLAZA MESSRS. MCLEAN AND CONNOLLY’S MOTION Cayman Finance defends law firms, says MLAs threaten financial sector JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Cayman Finance, the primary organization representing the financial services industry in the Cayman Islands, has raised concerns that al- legations from independent legislators of poten- tially criminal wrongdoing by the island’s law firms could do significant damage to the terri- tory’s core industry. In a public statement, printed in full in to- day’s Cayman Compass, the organization took issue with the private members’ motion, tabled by East End legislator Arden McLean, seconded by George Town MLA Winston Connolly and supported by fellow independent mem- bers Alva Suckoo, Anthony Eden and Ezzard Miller. The motion ac- cuses law firms of illegal activity by practicing Cayman law off-island through their international offices and suggests there is a “prima facie case” for criminal prosecution against them for allegedly conspiring to defeat previous drafts of the Legal Practitioners Bill which sought to reg- ulate that practice. Cayman Finance, in its statement, said there has never been any prohibi- tion of practicing law outside the ju- risdiction and suggested this was a necessary part of the success of Cayman’s international fi- nance industry. Law firms have been operating international offices for decades without any suggestion from anyone that this was in any way illegal, the statement said. The group warns that the allegations could have an adverse im- pact on the financial services industry and on the reputation of the Cayman Islands. “The private members’ motion asserts that the partners of Cayman firms may be guilty of criminal conduct for allowing attorneys who are not admitted under Cayman law to practice Cayman law in the foreign offices of such law firms, and suggests that steps should be taken SYED CASE TO GO TO JURY THIS WEEK The jury in the trial of Hassan Syed is ex- pected to be sent out to consider its verdict Monday or Tuesday. Judge Philip St. John-Stevens has been reviewing the evidence in the case since Thursday afternoon. He spent Thursday afternoon and all day Friday going through each charge on the in- dictment and summarizing the evidence given in relation to each one. He is expected to finish up Monday and give legal directions to the jury before sending them out to consider their verdict. Former president of the University Col- lege of the Cayman Islands, Syed has denied 12 charges including obtaining pecuniary ad- vantage by deception, obtaining money trans- fers by deception and theft. The charges relate to allegations that he lied about his doctorate to get the president’s job and then dishonestly spent hundreds of thousands of dollars of the college’s money for personal use. He is also ac- cused of falsifying invoices and dishonestly submitting time sheets to get payment from the college in connection with work to set up a Civil Service College. In his closing remarks, Prosecutor Patrick Moran said Syed used his charm and status to manipulate his colleagues and take every penny he could from the college. The crown alleges Syed dishonestly spent more than $200,000 on his college credit card to fund a lavish lifestyle. Syed’s attorney Tom Price QC said in his closing remarks that the Crown’s case was “fundamentally flawed.” He said Syed had a system with the college’s accountant of bor- rowing and repaying money from the college. He acknowledged that the president’s debts had escalated but said there was no proof that Syed had intended to permanently deprive UCCI of funds. Schools conference focuses on math JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Education officials are putting a renewed focus on math educa- tion in Cayman’s schools. Addressing Cayman’s entire public school teaching body at the annual education conference at Clifton Hunter, Friday, Edu- cation Minister Tara Rivers said improving numeracy skills was the next major priority for the school system. Recapping new measures put in place over the last two school years, she said programs had been introduced to improve lit- eracy levels and student behavior. She said the conference, which featured international math coaches working with Cayman’s teachers on new methods, would place the focus on numeracy. “We have built the building blocks of literacy, we’ve focused on in- clusion and this conference will have a focus on rounding out those critical skills of numeracy.” Part-sponsored by the Cayman Islands Institute of Professional Accountants, Friday’s conference featured training sessions for the island’s teachers with local and international experts. Author and educator Kara Imm, co-director of New York based Math in the City, and Sue Gifford, a U.K.-based math pro- fessor and writer on early years maths education, led training sessions for teachers. Ms. Imm also held a sessions PLEASE TURN TO PAGE 9 » PLEASE TURN TO PAGE 9 » Dog joggers raise funds for charity Hundreds of runners and their four-legged friends took to the streets of Camana Bay Sunday for the annual dog jog in aid of the Cayman Animal Rescue Enthusiasts charity. Competitive runners and leisurely joggers, with their dogs, completed the five kilometer two-lap loop around the town center. This year’s event was sponsored by BritCay and all money raised goes toward CARE’s community spay and neuter program. – PHOTO: TANEOS RAMSAY ■■ To read the Cayman Finance statement in its entirety, please see Page 9. ■■ To read the Compass editorial, please see Page 4.2 LOCAL NEWS MONDAY MARCH 6, 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 - LOGAN (R) 12:30 | 3:35 | 6:40 | 9:40 RINGS (PG13) 12:45 | 3:45 | 7:05 | 10:10 THE GREAT WALL 3D (PG13) 12:40 2D | 3:40 | 7:00 2D | 9:45 THE SHACK (PG13) 12:35 | 3:55 | 6:50 | 9:50 JOHN WICK: CHAPTER 2 (R) 12:55 | 3:50 | 7:10 | 9:55 Premier delivers keynote in London In a keynote speech at a confer- ence at Blackstone Chambers, a set of barristers chambers that spe- cializes in commercial and public law and financial services, Premier Alden McLaughlin described in de- tail how the economic development of the Cayman Islands “is rooted in constitutional foundations.” In the speech, he briefly ad- dressed beneficial ownership, noting that Cayman had passed legislative amendments outlining definitions of beneficial ownership and enabling the creation of a searchable corpo- rate ownership registry for access by law enforcement and tax authorities. The premier is in London to meet with leaders of law firms, fi- nancial institutions, government departments and U.K. Members of Parliament. Mr. McLaughlin’s six day trip comes amid a packed Legislative Assembly session, with about 20 pieces of legislation on the table. Its timing was criticized by Opposition leader McKeeva Bush. The Assembly will recommence Wednesday morning. In the speech at Blackstone Chambers, Premier Alden McLaughlin briefly addressed beneficial ownership. Appeal dismissed for accessory to murder case Conviction upheld, sentence of 20 years affirmed CAROL WINKER cwinker@pinnaclemedialtd.com Leonard Antonio Ebanks, sentenced to 20 years for being an accessory after the fact to the 2008 murder of Frederic Bise, lost his appeal on Friday against that con- viction and sentence. Ebanks had been charged with his cousin, Chad Anglin, for the murder of the Swiss banker. They ended up being tried separately, however, and Anglin was found guilty of murder in May 2014. Mr. Bise’s badly beaten body had been found on the morning of Feb. 8, 2008, in the trunk of his burned-out car outside the West Bay resi- dence where he was staying. Ebanks’s trial took place in November 2014. A jury found him not guilty of murder, but guilty of being an accessory after the fact. Justice Charles Quin passed sentence in February 2015, describing the murder as brutal, evil and gruesome. He suggested that but for the destruction of evidence by Ebanks, the likelihood was that the investigation of the case against Anglin could have led to successful pros- ecution and conviction seven years earlier. In passing sentence, Justice Quin ordered that Ebanks serve the 20 years consecutive to the sen- tence he serves for the murder of Tyrone Burrell in 2010. Ebanks was con- victed of that offense in 2011, when the only sentence for murder was imprison- ment for life, and his appeal against conviction was dis- missed in 2012. Senior Crown counsel Elisabeth Lees advised that the sentence could only be consecutive if there is a tariff on the whole life term, a tariff sentence meaning a specific number of years. Jus- tice Quin said if Ebanks’s life sentence became a spe- cific term of years, the acces- sory sentence would become consecutive. But if Ebanks’s murder sentence remained life, the accessory sentence would be concurrent. Defense attorney Amelia Fosuhene submitted that the judge had to deal with the circumstances as they were at the time. Justice Quin suggested that the matter needed further argument and someone might take it to the Court of Appeal. All parties were refer- ring to the fact that Cay- man’s Legislative Assembly had passed the Conditional Release Law several months earlier, but it had not yet come into effect. This law re- quires the court to specify how long a convicted person must be incarcerated before he/she is eligible to be con- sidered for release on license. The starting point for murder is 30 years, but the judge may adjust this upward or down- wards depending on whether there are aggravating or ex- tenuating circumstances. The law and its regula- tions came into effect in Feb- ruary 2016. They require that individuals sentenced to life imprisonment before that date must receive a deter- minate sentence within two years – that is, February 2018. Ebanks has not yet had a sentencing hearing. Friday’s appeal was based primarily on two grounds. One was that the charge of being an accessory after the fact was not on the original indictment for murder, but was added late in the trial, just before closing speeches. Lead defense counsel Courtenay Griffiths sub- mitted to the Court of Ap- peal that Ebanks had a con- stitutional right to a fair trial and this included being in- formed in detail of the na- ture and cause of the accu- sation made against him. He said the late entry of the al- ternative charge was preju- dicial and unfair because it impacted how the defense would be conducted and how Crown witnesses would be cross-examined. Court president Sir John Goldring agreed that the question he and his fellow judges had to ask was, was the addition of the alter- native charge fair, or did it amount to a material irregularity. After adjourning to dis- cuss the matter with Justices John Martin and Sir Richard Field, the president an- nounced his decision. He said the appeal against conviction was dismissed because the addition of the alternative charge was not unfair. He pointed out that Ebanks’s defense was one of complete denial of involve- ment, whether as a principal or as an accessory. The ap- peal judges could not accept that cross-examination of Crown witnesses would have been any different. They referred to Cayman’s Criminal Procedure Code, which clearly states that on a charge of murder, a person found not guilty of murder may be found guilty of man- slaughter, or causing grievous bodily harm, or being an ac- cessory after the fact. Another ground of appeal concerned the judge’s sum- ming up of the case for the jury, but the Court of Appeal said Justice Quin gave clear and careful directions. Mr. Griffiths argued against the sentence of 20 years, saying it was “much too long.” He pointed out that the U.K. tariff for murder is 20 years, but in Ebanks’ case the jury had found that he did not take part in the murder. Justice Goldring said the jury had accepted that Ebanks assisted in de- stroying the weapon that Anglin used, assisted him in lifting the body into the trunk of the car, burning the car and Anglin’s clothes af- terward. It was not an over- statement to say that the damage to justice by such assistance had been extreme. Regrettably, Cayman has seen a dramatic increase in the number of murders, he commented, and this murder had been as callous and brutal as could be imagined. “We cannot say that 20 years is manifestly excessive,” he concluded. Mr. Griffiths was in- structed by Ms. Fosuhene. Lead counsel Simon Rus- sell-Flint and Ms. Lees re- sponded on behalf of the Crown. Regrettably, Cayman has seen a dramatic increase in the number of murders, he commented, and this murder had been as callous and brutal as could be imagined. Premier Alden McLaughlin delivers a keynote speech at a conference at Blackstone Chambers. The premier is in London to meet with leaders of law firms, financial institutions, government departments and U.K. Members of Parliament. Premier Alden McLaughlin with Attorney General Sam Bulgin and Justice Angelika Nussberger of the European Court of Human Rights.The islands’ most-trusted news source 3 CAYMAN COMPASS • MONDAY MARCH 6, 2017 O% ARTIFICIAL 1OO% QUALITY 5127 | BEST DRESSED CHICKEN | 100% QUALITY | PRESS AD | FULL PAGE COMPASS | 10.333 x 15.97 | CMYK | 4 JAN 2017 IS O 1 4 0 0 1 C ER TIF IED IS O 9 0 01 C ER TIFI ED Raised with care under the Jamaican sun, The Best Dressed Chicken has been producing all natural superior quality chickens since 1958, totally free of added hormones. The Best Dressed Chicken is available island wide. Learn more today at thebestdressedchicken.ky NATURALLY THE TASTIEST CHICKENThe 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” Republicans prom- ised voters all sorts of pro- growth reforms. They as- sured us that they learned a lesson about the dangers of expanding government and calling it “compassionate conservatism.” “Give us control of both Congress and the White House,” they said before the election, and “We’ll move our agenda to limit govern- ment and drain the swamp in Washington.” ■■ Repeal Obamacare! ■■ Cut tax rates! ■■ Slash wasteful spending! ■■ Reform entitlements! ■■ Eliminate sense- less red tape! Of course, now that they’re in power, they’re getting cold feet. It now appears there will be reform of the disas- trous Obamacare law, but not full repeal. Moreover, tax cuts are being jeopardized by a risky scheme for a $1 trillion “border-adjustable” tax hike. Based on President Donald Trump’s recent address to Congress, I’m also not holding my breath for much- needed spending cuts and en- titlement reform. And it’s un- clear whether we’ll see much progress cutting back on the mountains of regulation hin- dering economic vitality. Even the easy promises may not be fulfilled. The Foreign Account Tax Compliance Act (FATCA) is an odious law enacted back in 2010 when the left con- trolled all the levers of power. It’s horrible legislation that threatens the rest of the world with financial protec- tionism (a 30 percent levy on all money flowing out of the United States) unless foreign governments and foreign fi- nancial institutions agree to serve as deputy tax collectors for America’s anti-competi- tive worldwide tax system. That’s the bad news. The good news is that the Republican platform endorses the repeal of this onerous law. But will GOPers deliver on that promise? Especially if the left unleashes the kind of demagoguery we often see in Congress and that we saw from Obama during the 2008 campaign? I guess time will tell, but if the goal is good policy (and keeping promises), this law de- serves to be tossed in the trash. I’ve previously explained that FATCA is so brutal that it has led many overseas Amer- icans to give up their citizen- ship simply because FATCA made their lives miserable. They couldn’t open bank ac- counts. They had trouble finding places to manage their investments. Even retirement accounts became a nightmare. Some people said that these difficulties were just temporary and would disappear once everyone learned how the law operated. Hardly. The Wall Street Journal re- cently opined on this issue: “…the Foreign Account Tax Compliance Act (FATCA) became law in 2010 to go after fat cats stashing money abroad, these pages have re- ported that it has led the IRS to treat law-abiding Ameri- cans as criminals. …Under FATCA, Americans must now report overseas holdings of more than $50,000 even if they owe no taxes, or else face crushing fines. For foreign fi- nancial institutions, the pen- alty for not giving the IRS what it wants to know about their American clients is a 30 percent withholding penalty on any U.S.-sourced payment to these institutions. …With the GOP controlling Congress and White House, the time is ripe for Republicans to make good on their pledge and give FATCA the heave-ho.” Amazingly, even the “tax- payer advocate” at the IRS rec- ognizes the law is a disgrace, reversing the presumption of innocence in the Constitution: “The IRS has adopted an enforcement-oriented regime with respect to international taxpayers. Its operative as- sumption appears to be that all such taxpayers should be sus- pected of fraudulent activity, unless proven otherwise.” This is a remarkable de- velopment. I’ve groused be- fore that the IRS’s taxpayer advocate has a bad habit of advocating for the IRS rather than the American people, so FATCA must be really bad to generate a report that ac- tually defends the rights of taxpayers. It’s also bad news for fi- nancial institutions. An article in The Econo- mist has some very remark- able admissions, including the fact that compliance costs will be at least twice as high as the tax revenue that ostensibly is being generated: “Compliance costs, mostly borne overseas, are likely to be at least double the rev- enue that the law will gen- erate for America. The nec- essary overhauls of systems and procedures and the extra digging around to identify American clients could add $100 million or more to a large bank’s administrative costs. No wonder bankers have dubbed FATCA the Fear And Total Confusion Act. An OECD tax official describes the law as ‘awful, in a way, like a nuclear bomb’ but also sees it as ‘a remarkable leap forward for transparency.’” But I call it disgusting and I desperately hope that Trump gets rid of the subsi- dies that American taxpayers send to this parasitical Paris- based bureaucracy. But I’m digressing. The FATCA law is so onerous that it is advanta- geous for many to simply not invest in the American economy. And that means less growth and prosperity for the rest of us. But that’s just part of the story. Because the U.S. has im- posed this awful law on the rest of the world, other na- tions now want to do the same thing. Indeed, the tax- aholics at the OECD have modified a Multilateral Con- vention and turned it into an Orwellian regime for promis- cuous collection and sharing of data by almost every gov- ernment. This scheme, some- times referred to as the Global Account Tax Compliance Act because of its similarity to FATCA (I call it a nascent World Tax Organization), will boomerang on America be- cause of the presumption that we’re obliged to change our tax and privacy laws so that foreign governments can tax investments in the U.S. I’ve been criticizing this awful legislation from the beginning. Hopefully Con- gress and the Trump Admin- istration will give me one less thing to worry about. Daniel J. Mitchell, a senior fellow at the Cato Institute and chairman of the Center for Freedom and Prosperity, is on the Editorial Board of the Cayman Financial Review. A pair of elected legislators – George Town MLA Winston Connolly and East End MLA Arden McLean – have publicly accused the Cayman Islands’ largest law firms of criminality and conspiracy, and called for the prosecution of the partners of those firms. Outside of a strong rejoinder from Financial Services Minister Wayne Panton and a rather restrained statement from the Cayman Islands Law Society, the response from the general financial services industry was, in a word, nonexistent. After a full week of silence (given the situation, an inter- minable, and in our minds inexplicable, delay), Cayman’s financial services sector has finally found its voice. The good news is that voice is cohesive, clear and powerful. Along with today’s front-page news story, we have printed the statement from Cayman Finance, unedited and in its entirety. In this limited space we will draw out a few key paragraphs. First, skip ahead to the end. The final sentence reads, “we would urge the movers of the Private Member’s Motion to withdraw the Motion as soon as possible to avoid any additional damage to the Financial Services Industry.” Carefully note the choice of words “any additional damage” – meaning that Cayman’s financial services sector has already suffered damage because of Mr. Con- nolly’s and Mr. McLean’s reckless behavior. In other words, although private members’ motions are usually ceremonial, the allegations that this one contains are so sensational, utterly serious, and concern an industry that is so sensitive, that real and deleterious consequences are already accruing. (Don’t forget that, in addition to the legislative motion itself, they and Bodden Town MLA Alva Suckoo have introduced additional accusations that local law firms have hired private detectives to follow the MLAs around. To date, they have provided no information publicly to support their allegations). As Cayman Finance points out, the financial services industry “is directly responsible for more than half of the Islands’ economy, more than half of the government’s revenue and employs more Caymanians than any other industry. In light of its significance to the Islands, any damage to this industry could have far reaching implica- tions for the jurisdiction and its people as a whole.” In direct response to the specific allegations levied by Mr. Connolly and Mr. McLean, Cayman Finance states, “It is our understanding that the practice of Cayman law outside the jurisdiction is not regulated under the current law, and we are not aware of anyone having asserted prior to now that the practice of Cayman law in the foreign offices could result in the partners of Cayman firms committing a crime under Cayman law.” Local firms have had foreign offices for more than two decades, and those offices directly contribute some US$32 million in revenue to Cayman’s government every year. The content of the statement is substantial, and the identity of the group that sent it is just as significant. Far from being a mouthpiece for the law firms under attack, Cayman Finance is the official representative and advocate for Cayman’s diverse financial services sector. In addition to prominent attorneys, its board of directors includes leaders in the fields of accounting, banking, cor- porate services, consulting, directorships, funds, insurance, trusts and more – in partnership with the public sector. We have long advocated for Cayman Finance to be more assertive and vocal in countering external threats to our industry (for example, politically motivated “black- lists,” misleading “studies” on “tax havens,” and mis- guided news stories based on offshore leaks). We are pleased to see the sector finally raise its head, and its voice, to defend itself strongly against this threat from within. Cayman Finance: A loud and clear message to Arden and Winston MONDAY MARCH 6, 2017 • CAYMAN COMPASS The FATCA nightmare DANIEL J. MITCHELL DANIEL J. MITCHELLThe islands’ most-trusted news source 5 CAYMAN COMPASS • MONDAY MARCH 6, 2017 aa +1 (345) 928 2017 Isaac@IsaacRankine.com /IsaacDRankine www.IsaacRankine.com /IsaacDRankine /IsaacDRankine I N D E P E N D E N T C A N D I D A T E CHANGE. FOR A BETTER TOMORROW.DISTRICT DAYS 6 District Days George Town MONDAY MARCH 6, 2017 • CAYMAN COMPASS Students get lowdown on legal internships Students at George Town’s John Gray High School got the chance to hear about career options in the legal field late last month from a local law firm. Representatives Lisa Chin-Forde, Kenyah Pinnock and Sophie Davies from HSM IP (Intellectual Property) discussed the firm’s internship pos- sibilities with students at the school on Friday, Feb. 24, a press release states. The speakers gave a presen- tation and later joined in discussion with students about their future ed- ucation options, including attending the Cayman Islands Further Educa- tion Centre program. Ms. Chin-Forde and Ms. Pinnock, who are both currently IP assistants at the firm, were recruited as part of the CIFEC program, and spent time as interns at HSM IP. They talked about their experiences in the CIFEC program, as well their on the job ex- perience and future ambitions to become paralegals at the firm. Ms. Davies who works as an associate at HSM IP spoke with students about what employers look for when con- sidering hiring CIFEC students and in general about careers in the legal profession, especially in the field of intellectual property. According to the release, HSM has worked with the CIFEC program since 2012 and recruits up to 12 new students per year from CIFEC for internships. The firm’s continued involvement forms part of its commitment to the local community to provide oppor- tunities for young Caymanians to access the legal industry. “We are incredibly pleased to have CIFEC students play an inte- gral role in our team,” said the firm’s managing partner Huw Moses. “We aim to train them with the skills to achieve their full potential. We appreciate the opportunity to share our expertise with them and future students who may be inter- ested in pursuing a career in law.” The speakers gave a presentation and later joined in discussion with students about their future education options, including attending the Cayman Islands Further Education Centre program. From left, Sophie Davies, Lisa Chin-Forde and Kenyah Pinnock of HSM IP present at the John Gray High School Assembly. CIS celebrates cultural diversity Countries from around the globe were showcased at Cayman International School’s International Night held last month at the Arts and Recreation Center. According to a press release, the annual event, held this year on Wednesday, Feb. 15, is one of the highlights of the CIS school year as it provides school families with the opportunity to showcase the coun- tries they represent. The school has a representation of 32 countries among its faculty and student body. Though the night’s exhibition was the main feature, the festivities began earlier in the day. Students and faculty came to school dressed to represent their countries, and the Elementary school put on an Inter- national Assembly as each grade level presented dances and songs from countries all over the world. This year’s International Night was organized mostly by the stu- dents with the help of the Inter- national Night Committee. With the theme of “The Five Senses,” each represented country aimed to give the crowd a true expe- rience of its culture. One of the main attractions was the variety of food samples. Each booth staffed by students, teachers and par- ents, provided samples of its own local cuisines. Members of the CIS steel pan band provided entertainment for the crowd browsing the var- ious countries and regions. Along with the décor and displays at the booths, there was an African Sa- fari, a Leprechaun and Lady Lib- erty photo booth, a Greek diner and a green screen that placed people anywhere in the world they wanted to go. “It was certainly a successful International Night event, with lots of smiling faces having fun,” said CIS Director Jeremy Moore. “As always, we will approach the event with a Kaizen mindset and continually make improve- ments, but I know everyone greatly enjoyed this year’s International Night experience.”Students and families take part in an international night at Cayman International School. 50 years ago: Constitution proposals presented to district In the March 8, 1967 edition of the Caymanian Weekly, a precursor of the Cayman Compass, news from George Town included: “At a public meeting in the Town Hall, George Town, on March 2 Miss Annie H. Bodden and Mr. A.B. Bush outlined to the constituents of George Town the pro- posals agreed upon by the majority of elected mem- bers of the Legislative As- sembly for an advance in constitutional status for the Cayman Islands. “Briefly these are: The number of elected members in the Legislature should be increased from 12 to 14, and there shall be no nominated members. An Attorney-Gen- eral shall be appointed in order to divide the duties of the Government’s legal adviser from the Courts. An independent Speaker from outside the Legisla- ture shall be appointed to replace the President, His Honour the Administrator. The composition of the Ex- ecutive Council shall be changed so that there shall be five elected members in- stead of three, and no nomi- nated members. “In addition, the five elected members shall be given executive au- thority thus becoming the Member responsible for a specified portfolio, for ex- ample, ‘Agriculture and Nat- ural Resources.’ “The Executive Council would continue to bear col- lective responsibility for the actions of its individual members working with the Heads of their respective government departments. “Miss Bodden and Mr. Bush stated that they had opposed any change such as envisaged in these pro- posals because they had won their seats in a cam- paign during which they clearly stated that they were not in favour of constitu- tional change, taxation or gambling casinos. They per- sonally had not changed their minds in any way but wanted to hear the will of the people of George Town on this important issue. “After the two repre- sentatives had spoken, Mr. Bush asked if anyone else present would care to ex- press their view. “Nurse Beulah McLaughlin, Dr. R.E. McTag- gart, Mr. E.O. Panton, Capt. Theo. Bodden and several others strongly opposed any constitutional change and several questions were asked and answered. No person present elected to speak in favour of the proposals and it appeared that the majority of the audience, approx. 150, were in support of the stand which Miss Bodden and Mr. Bush were taking. “The main grounds for objection appeared to be the cost involved.”7 LOCAL NEWS CAYMAN COMPASS • MONDAY MARCH 6, 2017 BUILDERS EXPO Guiding home visionaries from planning to completion KAYLA YOUNG kyoung@pinnaclemedialtd.com More than 25 businesses offered insight into the ins and outs of home construc- tion or renovation at the Cayman Islands’ Builders Expo at Camana Bay’s Arts & Recreation Center this weekend. The Hurley’s Media event put architects, contractors, technicians and designers on display to create a one-stop shop for construction needs on Friday and Saturday. Kristen Augustine, plan- ning officer for the Depart- ment of Planning, said new builders can avoid many delays and headaches by taking the right steps from the beginning of the planning process. “People come to us be- cause they are going to start to build a house or they are doing an addition and making some changes. A lot of them aren’t familiar with the planning process and where to start,” she said. “They either don’t under- stand the process or they do things like [not meeting] the code or the regulations and it takes longer. If it meets the regulations, it’s all quick and simple. The key thing is to hire the right architect.” She reminded builders to consult with the 2009 In- ternational Building Code, which took effect in the Cayman Islands in December. Design Cayman managing partner Brian Macdonald emphasized the importance of involving a qualified ar- chitect to avoid surprises that can result in higher project costs. Lack of patience and re- alistic expectations can frustrate home builders, he explained. “People are going to need advice and guidance. What we’d like to do at the show is quickly explain the pro- cess,” Mr. Macdonald said. “There can be a big discon- nect between money and what people can get for their money.” He encouraged poten- tial builders to start a “look book” from the very begin- ning by tearing pages out of design magazines. From there, they can begin concep- tualizing the colors, shapes and feel they’d like to create for their home with the help of an architect. Island Electronics instal- lations supervisor Rennie Ramoutar shared the latest “smart” security technology on the show floor. For people on the go or those traveling off island, he described how a phone app now enables re- mote control of security sys- tems, home lighting and air conditioning. “Everybody now is busy and on the go. They use their smartphones to do ev- erything, so why not use it for your security system as well?” Mr. Ramoutar said. “Basically, if you forget to arm the system, you can log in from the app and turn it on. You don’t have to worry and go back home.” Several solar elec- tricity companies were also present at the show. Precision Solar represen- tative Dale Nickason said solar power has taken time to gain popularity on the is- lands, but he encouraged home owners to consider it for long-term savings. “You can pay the power company for the rest of your life or you can eliminate your power bill,” he said. Attendees visit architecture and design displays Friday at the Builders Expo. The event put architects, contractors, technicians and designers on display. - PHOTOS: KAYLA YOUNG Chinoy Logan and Kristen Augustine from the Department of Planning provide guidance on building code compliance. Architects Brian Macdonald and David Cerame of Design Cayman share insight on the creative process behind home planning. Rennie Ramoutar of Island Electronics explains facial recognition technology and smart programs for home security.8 LOCAL NEWS MONDAY MARCH 6, 2017 • CAYMAN COMPASS Man admits to 2014 bar robbery Police officer recognized masked defendant CAROL WINKER cwinker@pinnaclemedialtd.com A man who originally pleaded not guilty to charges of robbery in 2014 changed his mind on Friday and re- ceived a sentence of six years. The sentence is to be served concurrently with a term of eight years he is currently serving for a later offense. James Romano Whittaker pleaded guilty to robbing four people at Coconut Joe’s Bar and Grill on Oct. 16, 2014. He also admitted possession of an imitation firearm with intent to commit an offense, namely robbery. All offenses were charged as being com- mitted “with another person,” who was not named. Whittaker initially pleaded not guilty to these same charges in April 2015, and a trial date was set. Meanwhile he went on trial for what Crown counsel Scott Wainwright referred to as “a street robbery at knifepoint,” which occurred on Nov. 22, 2014. In that matter, Justice Charles Quin imposed a term of 10 years, which the Court of Appeal reduced to eight years last November. The Coconut Joe’s inci- dent was earlier than the street robbery by about five weeks. The court session on Friday afternoon began as a Goodyear hearing – that is, a request by Whittaker to know the highest his sentence would be if he pleaded guilty. Grand Court Justice Paul Worsley referred to “the careful submissions in writing” filed by defense at- torney Crister Brady. He noted that according to Whit- taker’s record of previous convictions, the longest sen- tence he had received before the eight years for the street robbery was three years for burglary. He said the sen- tence he had in mind would run concurrently, so that the court would be able to see how Whittaker behaved. Mr. Brady agreed and the indictment was put to the defendant. Whittaker then pleaded guilty to stealing, with an- other person, by fear of force, $600 and a gold chain from one victim; $15 and a gold chain valued at $300 from a second victim; a wallet with $5 cash and discount cards from a third; and US$40 from a fourth. The fifth count referred to the imitation firearm, to which Whittaker also pleaded guilty. Mr. Wainwright said the robberies occurred at the West Bay Road establish- ment around 11:40 p.m., when two masked men with handguns entered the bar from the rear and pro- ceeded to rob patrons and staff, taking $600 from the cash register. The intruders were on the premises for one and a half minutes and were caught on CCTV. Police officers viewed the CCTV, and although the rob- bers were masked, one of the officers recognized Whit- taker by other features. The person identified as Whit- taker was seen to be wearing distinctive shorts. When the officers obtained a search warrant and went to Whit- taker’s residence, a pair of shorts matching those in the CCTV was found in Whittaker’s yard. The shorts were sent to a forensic analyst and were found to be the same as those in the CCTV footage. Justice Worsley pointed out that Whittaker had tar- geted the club, he was part of a team and had worn a mask. The victims must have been terrified, he commented. The judge hoped that Whittaker, who is now in his mid-30s, would con- sider whether it was worth it to spend his best years in prison. The judge imposed terms of five years for each of the four robberies and six years for the firearm, but made the sentences concurrent with each other and concurrent to the term Whittaker is cur- rently serving. Compass records show that after the street robbery conviction, Whittaker ad- mitted he committed that offense because he needed money to purchase cocaine. He added that he did not think he should commend the officer who was vigilant in viewing the CCTV and recog- nizing Whittaker, “but it was good police work,” he said. The intruders were on the premises for one and a half minutes and were caught on CCTV. The Ministry of Home Af- fairs has named RCIPS Fleet and Stores Manager Darren Ebanks the newest Chief Of- ficer’s Choice. Acting Chief Officer Kathryn Dinspel-Powell, among other Ministry and RCIPS leaders, presented the award to Mr. Ebanks as the successful civil servant for the month of January. “I greatly appreciate being honored for just doing my job,” said Mr. Ebanks. “I would like to thank my team and all of my men- tors within the RCIPS who teach me so much, and help me grow every day. I am ex- tremely grateful for this rec- ognition, and I hope it will inspire others.” Mr. Ebanks has worked for the RCIPS for more than six years. As Fleet and Stores manager, he main- tains the entire fleet of vehi- cles, in addition to uniforms and equipment. “It’s a privilege to high- light the excellent work of a dedicated civil servant like Mr. Ebanks,” said Ms. Din- spel-Powell. “This recognition symbolizes and reinforces the values and standards that I encourage all staff to exhibit on a daily basis. The Ministry values the skills, knowledge and dedication that Mr. Ebanks brings to his job.” Mr. Ebanks was nominated by RCIPS Business Manager Charmaine Moss for his per- formance on the job and out- standing commitment. “Mr. Ebanks is a hard- working and highly moti- vated employee, who acts with integrity and profes- sionalism,” Ms. Moss said. “He has a passion for the job, and constantly motivates his peers to take on new chal- lenges. His unwavering com- mitment to the RCIPS is a source of inspiration for others. Mr. Ebanks is always enthusiastic, an excellent team player with a strong de- sire to impact positive change throughout the organization.” DARREN EBANKS AWARDED CHIEF OFFICER’S CHOICE Darren Ebanks with his award.The islands’ most-trusted news source 9 CAYMAN COMPASS • MONDAY MARCH 6, 2017 Dr. Wayne R. Porter MD F.A.A.D. Dermatologist call : 946-9020 between 9am to 5pm Dees Plaza #282 on Crewe Road, GT He will be in office from March 6th to March 10th, 2017 Life Extension Gym and Sauna 949-3753 “Frustration = Lacking Excuses ” COMPLETE TEXT OF CAYMAN FINANCE STATEMENT The recent Private Member’s Motion by Mr. Arden McLean and Mr. Winston Connolly In the context of the Private Member’s Motion, Cayman Finance strongly urges the movers of the motion and the other members of the House to remain focused on the need to protect the Cayman Islands Financial Services Industry, which is directly responsible for more than half of the Is- lands’ economy, more than half of the government’s revenue and employs more Caymanians than any other industry. In light of its significance to the Islands, any damage to this in- dustry could have far reaching implications for the jurisdic- tion and its people as a whole. One of the core components of the Cayman Islands Finan- cial Services Industry is the legal profession, which is one of the most important gate- ways for the flow of business to that industry, including fidu- ciary, public accounting, invest- ment funds, banking, insur- ance, reinsurance and capital markets business. Cayman law firms will often be the first point of contact for clients and onshore referrers who have an interest in doing business in the jurisdiction. As such, any unwarranted attack on the legal profession which results in significant damage to that profession could in turn have significant adverse effects on the Cayman Islands Financial Services Industry as a whole. The foreign offices estab- lished by the law firms have been a critical part of the suc- cess of the Cayman Islands Fi- nancial Services Industry over the last 22 years and rather than having “…a deleterious impact on the economy of these islands…depriving the economy of…economic ben- efits…” the opposite is true. The positive impact of such practices contributes approxi- mately US$32 million directly to the Cayman Islands Govern- ment in annual revenue. Many of the clients who use Cayman structures and services are based in countries that are far away from Cayman and in dif- ferent zones, such as the UK and Hong Kong. As such, they often want to deal with attor- neys in those jurisdictions or time zones. If they were not able to deal with attorneys who practice Cayman law in those jurisdictions, they would simply chose to deal with the attorneys who practice the laws of one of our competing jurisdictions in those coun- tries, which would deprive the Cayman Islands of the eco- nomic and employment op- portunities and government revenue that would flow from that business. It is our under- standing that the practice of Cayman law outside the juris- diction is not regulated under the current law, and we are not aware of anyone having asserted prior to now that the practice of Cayman law in the foreign offices could re- sult in the partners of Cayman firms committing a crime under Cayman law. The Private Member’s Mo- tion asserts that the part- ners of Cayman firms may be guilty of criminal conduct for allowing attorneys who are not admitted under Cayman law to practice Cayman law in the foreign offices of such law firms, and suggests that steps should be taken to investigate their conduct and if necessary bring charges against them for breaching Cayman law in this regard. These are very serious allegations, which as stated above have not been made be- fore (to the best of our knowl- edge) in the long history of the existence of foreign offices. These allegations bring adverse publicity to the legal profes- sion, which in itself could have an adverse impact on the ju- risdiction. If proceedings were actually to be brought against the partners in the law firms which have foreign offices the results would be disastrous for the jurisdiction as a whole. Cayman Finance would strongly suggest that instead of pursuing a course of action that could have such negative con- sequences for the jurisdiction, the parties instead focus their efforts on fixing the problems with the current law in the in- terests of all parties concerned. Without commenting on the specific provisions in the Legal Practitioners Bill, Cayman Fi- nance believes that in order to protect and promote the finan- cial services industry (which as previously stated is the main driver of the Islands’ economy) and the jurisdiction and its people as a whole, the juris- diction should bring into effect modern legislation to regulate the legal profession in accor- dance with international stan- dards, but with appropriate safeguards to protect the le- gitimate interests of Cayma- nian attorneys. The current Legal Practitio- ners Law was passed in 1969 when there were less than 30 lawyers and the circumstances that now exist differ vastly from those which existed at that time – our financial ser- vices industry is much larger and more sophisticated than it was back then, with almost 700 lawyers practicing in the jurisdiction, and the interna- tional standards for regulating the financial services industry have also changed drastically over that period. We under- stand that there are a number of gaps that exist in the cur- rent law, such as the lack of a code of conduct that applies to all lawyers and law firms and the lack of provisions to regu- late the practice of law outside of Cayman, and those gaps subject the jurisdiction to rep- utational risks that could ulti- mately have a significant ad- verse impact on the Islands’ financial services industry if they are not addressed in the near future. We understand that the lack of a code of conduct means that Cayman’s anti-money laundering framework is not in compliance with the FATF’s recommendations for AML re- gimes, which if not addressed could result in us receiving a poor assessment of our AML framework when it is assessed by the CFATF later this year. A poor assessment could have a significant adverse impact on the jurisdiction’s financial ser- vices industry. Given the amount of eco- nomic activity and govern- ment revenue that the foreign offices generate for Cayman, we believe that under any new law regulating the profession it should remain possible for Cayman law to be practiced in those foreign offices, but the law should seek to regu- late those who practice law outside the jurisdiction, whilst placing appropriate limits on those who will be able to be admitted in order to protect the legitimate interests of the jurisdiction and Caymanian lawyers and in order to ensure that the voting and economic control of the firms which practice Cayman law outside of Cayman is firmly rooted in Cayman. The law should also preserve the opportunities for Caymanian lawyers to be sec- onded to those foreign offices. We also believe that any new law should attempt to protect the legitimate inter- ests of Caymanians, by encour- aging the training and develop- ment of Caymanian attorneys and the provision of oppor- tunities for upward mobility within the profession. It should attempt to ensure that Cayma- nians have an appropriate level of input in the regulation of the profession, by being appropri- ately represented on the bodies which will be responsible for regulating and monitoring the conduct of attorneys within the profession. As already stated, we be- lieve that any new law should strike an appropriate balance between preserving the high standards of professional ser- vice that have been the hall- mark of the jurisdiction’s financial services industry, reg- ulating the legal profession in accordance with international standards and protecting the interests of Caymanians. There is room to argue on either side of the debate as to whether the proposed Legal Practitioners Bill achieves the appropriate balance between those various considerations. We do not in- tend to insert ourselves in that debate, but would urge all par- ties to remain focused on the broad objectives that we’ve outlined when formulating their respective positions on the Legal Practitioners Bill. We would argue that it would be much more construc- tive and beneficial for the ju- risdiction for the parties in- volved to focus on producing a legal practitioners law that addresses all of those objec- tives in a balanced way than it would be for them to focus on debating and dealing with the Private Member’s Motion. For this reason, we would urge the movers of the Private Member’s Motion to withdraw the Motion as soon as possible in order to avoid any addi- tional damage to the Financial Services Industry. Cayman Finance for parents on Thursday eve- ning and both women will be in schools Monday and Tuesday delivering sample lessons and working with teachers. The strategy puts the focus on linking math to real situ- ations. Kiva Powell, who or- ganized Friday’s training con- ference, said the focus was on coaching teachers in a practical way. “It is not just ‘sit and get.’ We are trying to embed prac- tice that can actually change the way teachers deliver lessons.” She said working with par- ents was also important in helping them help their chil- dren and ensuring students were not getting contradictory advice at home. The Cayman Islands will also host an international math teaching conference next year, Ms. Rivers announced in her address to teachers. The Realistic Mathematics Education conference, organized by the Freudenthal Institute, is a three-day event featuring educators from around the world. Christen Suckoo, chief officer in the Ministry of Edu- cation, said “Some of the best minds in the world in math are going to come to Cayman and speak about what is hap- pening with maths teaching around the world, and the best ways to improve.” Mr. Suckoo said Friday’s con- ference was part of an ongoing education for teachers. Peter Small, a partner at PwC and a former John Gray High School student, delivered the keynote address at the con- ference Friday, highlighting how his teachers had influenced him to get to where he is today. After the morning’s speeches, teachers rotated through a roster of different workshops on the Clifton Hunter campus. to investigate their conduct and if necessary bring charges against them for breaching Cayman law in this regard. “These are very serious al- legations, which have not been made before, to the best of our knowledge, in the long his- tory of the existence of for- eign offices. These allegations bring adverse publicity to the legal profession, which in it- self could have an adverse im- pact on the jurisdiction. If pro- ceedings were actually to be brought against the partners in the law firms which have for- eign offices the results would be disastrous for the jurisdic- tion as a whole.” The statement also ques- tioned the claim in the pri- vate members’ motion that the practices of Cayman’s law firms had a deleterious im- pact on the economy of these islands. “The opposite is true,” it said, suggesting the interna- tional offices of Cayman’s law firms have been a “critical part of the success” of the financial services industry as well as di- rectly contributing US$32 mil- lion to the Cayman Islands Government in annual revenue. “Cayman Finance strongly urges the movers of the mo- tion and the other members of the House to remain fo- cused on the need to protect the Cayman Islands Finan- cial Services Industry, which is directly responsible for more than half of the islands’ economy, more than half of the government’s revenue and em- ploys more Caymanians than any other industry. In light of its significance to the islands, any damage to this industry could have far reaching impli- cations for the jurisdiction and its people as a whole.” The independent MLAs have called for a full, independent investigation into their claims before the new draft of the Legal Practi- tioners Bill is debated in the house. They claim the bill pro- vides a backdoor to legalize lawyers practicing Cayman law from abroad. “We felt that this jurisdic- tion cannot simply move for- ward to ignore these very serious accusations made against some law firms and to blindly license certain prac- tices, which may be, at this point in time, illegal, without at the very least, the various allegations being properly in- vestigated and ventilated in the Legislative Assembly,” the five members said in a joint state- ment last week. The current draft of the Legal Practitio- ners Bill and the private mem- bers’ motion alleging poten- tial breaches of the law are on the LA’s agenda for its meeting, which resumes Wednesday. CONTINUED FROM PAGE 1 MESSRS. MCLEAN AND CONNOLLY’S MOTION Cayman Finance defends law firms, says MLAs threaten financial sector Schools conference focuses on math CONTINUED FROM PAGE 1Next >