SECTION | PAGE ## TITLE FOR THE SPORT/ BUSINESS SKYBOX FRIDAY MARCH 10, 2017 • CAYMAN COMPASS Poinciana Festival Film, art and music is celebrated this weekend B5 Do ya feel lucky? The Irish Jog turns 25 this St. Patrick’s Day B6 Events Events Art & Culture Bringing art to the people The National Gallery takes exhibition to schools B4 ■ EVENTS Wheels 4 Meals Wheels 4 Meals The Motorcycle Riders Association spearheads food drive. B3 Light Up The Night Breast cancer beach walk promises to be pink B5 PHOTO: TANEOS RAMSAY CAYMAN WEEKENDER Wheels 4 Meals High of 84 Low of 73 Moderate with wave heights of 3 to 5 feet. EDITORIAL | PAGE 4 THE USE, MISUSE – AND ABUSE – OF PARLIAMENTARY PRIVILEGE ESTABLISHED 1965 www.caymancompass.com – 75 CENTS – FRIDAY MARCH 10, 2017 Also Available RED BAY SEVEN MILE BEACH WATERFRONT WALKERS ROAD TOWN CENTRE PLAZA Syed found guilty on all 12 counts; Judge rebukes premier for remarks ‘Dishonest and deceitful’ Syed facing long jail sentence JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Nearly a decade after he left the Cayman Islands claiming to be suf- fering from serious health issues, former college president Hassan Syed has been convicted of stealing more than $500,000 from his former employer. Syed was found guilty Thursday on all 12 counts against him re- lating to his time at the helm of the University College of the Cayman Is- lands between 2006 and 2008. At the conclusion of the trial, Judge Philip St. John Stevens called representatives for Premier Alden McLaughlin and Rooster FM to court to explain comments made in a radio interview midway through the trial, which led to a lengthy delay in proceedings. (See story below). It took a jury of five women and two men just over two days to reach unanimous guilty verdicts on each of the charges against Syed. The defendant, clutching prayer beads, remained impassive as the jury foreman announced the ver- dicts just after 1 p.m. Syed was allowed to spend the lunch hour inside the court building with a small group of supporters before his lawyer made an applica- tion for bail pending sentence, again citing his health concerns. Judge Philip St. John-Stevens said he accepted evidence from the prison’s doctor that Syed was in re- mission from intestinal cancer and needed further tests and monitoring in relation to other health concerns, including severe headaches, that would be exacerbated by the shock of the first weeks in prison. But he denied bail, saying Syed was facing a lengthy custodial sen- tence and represented a flight risk. “The evidence has demon- strated he is intelligent, persua- sive, manipulative and deeply dis- honest,” he said. “His 18-month presidency was obtained by dishonesty and was riddled with acts of dishonesty. He employed a number of deceitful ac- tions to deprive that college in ex- cess, certainly of $500,000.” He added that Syed had created false documents and invoices to ob- tain funds from the college and fled the jurisdiction when his dishonesty was about to be exposed. For those reasons, the judge said, he believed Syed had the capacity to dishonestly secure a means to leave the jurisdiction if granted bail. Syed’s lawyer, Amelia Fosuhene, citing evidence from the prison’s doctor, who has treated Syed over the past two years and was called to give evidence in the bail hearing, had asked for her client to be given time to have tests he needed, in- cluding an MRI to screen for pos- sible brain aneurysms. Toyin Salako, for the Crown, ob- jected to bail, saying Syed could still receive treatment in prison. Syed, in handcuffs, was led into a waiting police car and was taken McLaughlin’s radio comments led to trial delays JAMES WHITTAKER AND BRENT FULLER jwhittaker@pinnaclemedialtd.com bfuller@pinnaclemedialtd.com Premier Alden McLaughlin and broadcaster Hurley’s Media were publicly admonished Thursday over a radio interview that threatened to derail the trial of Hassan Syed be- fore it reached the jury. Lawyers for Mr. McLaughlin apologized during a brief court ap- pearance for what the premier ac- cepts were “ill-judged and incau- tious” remarks made on the Rooster FM morning talk show midway through the trial. The Feb. 17 radio interview, during which the premier referred to Syed as a “scamp” and questioned the evidence of a police officer who had testified in the case, led to a near three-day delay in the trial and an application from the defense to have the jury dismissed. Neil Timms, QC, who appeared for Mr. McLaughlin, said his client had reacted to protect his repu- tation following news broadcasts about a police officer’s testimony that Mr. McLaughlin had declined to give a statement in the Syed case. He said the premier had never intended to influence or impact the trial but had been compelled to act, with an election looming, to pro- tect his reputation against implica- tions that he may have done some- thing wrong or have something to hide. Mr. McLaughlin disputed the police officer’s account and went on to make remarks about Syed during the interview. “It was an error of judgment in the heat of a virulent election cam- paign,” said Mr. Timms. Syed’s attorney Tom Price, QC, argued in a Feb. 20 hearing, the de- tails of which were subject to a media reporting gag until the con- clusion of the trial, that the pre- mier’s comments could have influ- enced the jury against Syed. He said the comments had come from a “man of extraordinary in- fluence” at a “critical time in the proceedings” and were so dam- aging to Syed’s right to a fair trial Former UCCI president Hassan Syed is led in handcuffs to a police car on Thursday after a jury found him guilty on 12 charges. - PHOTO: MATT LAMERS PLEASE TURN TO PAGE 9 » PLEASE TURN TO PAGE 9 »2 LOCAL NEWS FRIDAY MARCH 10, 2017 • CAYMAN COMPASS Order early to avoid disappointment 94-PASTA (947-2782) Located in the Marquee Plaza Easter Feast featuring Niman Ranch, all natural Humanely Raised Ham. Ham Feast, 6 or more $95 Deviled eggs, green beans & carrots, scalloped potatoes and bread pudding $45 Niman Ranch Easter Ham Men take a ‘Walk in Her Shoes’ Wearing sky-high sti- lettos or slightly easier-to- manage wedge heels, dozens of men descended on Ca- mana Bay on Wednesday evening to take part in the second annual “Walk in Her Shoes” fundraiser for the Crisis Centre. Miss Cayman contes- tants, all in impressive heels, demonstrated how to walk confidently while tow- ering several inches above their natural heights, but this didn’t stop several high- heeled male novices from taking a tumble. The participants had the option to do between one and five laps along a stretch of Market Street, from the Bay Market to Must Love Dogs. Some teetered precari- ously, some fell over, some strode confidently forward, while others even broke into a run to try and beat other competitors to the finish line. Crisis Centre Executive Director Ania Milanowska said she was delighted with this year’s turnout and fundraising. By Thursday morning, the final count of the money raised was still being tallied, but Ms. Milanowska said she expects it will show that about $60,000 was raised. “What I love the most about ‘Walk in Her Shoes’ is the fact that men are actually involved,” she said. “They are standing up for women they love – for their mothers and wives and sisters and friends and our clients at the center. This is the best part for me. “It is great to know they care, that this is not just a woman’s issue. It involves women, men, children.” “Walk in Her Shoes” co- incided with Interna- tional Women’s Day, as well as the Crisis Centre’s 14th anniversary. The money raised will help fund the Crisis Cen- tre’s newest project – a drop- in center called Estella’s Place in Crown Square on Eastern Avenue. “At Estella’s Place, we can invite not just women and children, but also men if they need help, to come here,” Ms. Milanowska said. Some of the participants in Wednesday’s ‘Walk in Her Shoes’ strut down Market Street in Camana Bay. Camila Ferreira, Valerie Banks, Elena Dobrogajewski with baby Alec, and Ania Milanowska - PHOTO: MAGGIE JACKSON Reece Vanasse (Best Shoes winner) and Alex Feoli (Best Walk winner) take a rest on the prizes they won. - PHOTO: MAGGIE JACKSON Jouri Haylock takes a walk with Miss Cayman contestants Mahalia Seymour, left, and Anika Conolly. Men set off on their ‘Walk in Her Shoes’ stroll at Camana Bay Wednesday evening to raise funds and awareness for the Cayman Islands Crisis Centre. - PHOTOS: TANEOS RAMSAY3 LOCAL NEWS CAYMAN COMPASS • FRIDAY MARCH 10, 2017 JUSTIN EBANKS FOR NORTH SIDE A BETTER TOMORROW TODAY INDEPENDENT CANDIDATE 936 4836 Minister: Cayman cannot ‘dictate’ global finance rules BRENT FULLER bfuller@pinnaclemedialtd.com There is no significant evi- dence of Cayman-established law firms moving large num- bers of staff overseas to the detriment of their local op- erations, Financial Services Minister Wayne Panton said Wednesday during a Legis- lative Assembly debate on the controversial Legal Prac- titioners Bill. However, Mr. Panton said the government did have evidence of foreign opera- tions starting up that were “practicing Cayman Islands law” and using Cayman-reg- istered financing vehicles without maintaining any local presence. It is the latter activity that the passage of the Legal Practitioners Bill seeks to prevent, Mr. Panton said. “We have firms that have no connection to Cayman … no office in Cayman and they have people who are practicing Cayman Islands law,” Mr. Panton told the as- sembly. “We have a [current] law which is deficient in its ability to deal with that.” Mr. Panton said it was simply a function of the modern financial services in- dustry in a globalized world that required local law firms to maintain and grow their presence in overseas “centers of commerce” like Hong Kong, Singapore and London. “If we’re not there, meeting their expectations in those centers of commerce … we are going to lose busi- ness,” the minister said. “We do not get to dictate the rules of global finance.” Mr. Panton said “the truth” is that Cayman’s global com- petitive advantage in finan- cial services has narrowed in recent years as other regional competitors have started to catch up and adopt some of Cayman’s practices. The Legal Practitio- ners Bill seeks to estab- lish methods to promote the training and advancement of qualified Caymanian profes- sionals, the minister said. “The perception is that too few Caymanians have made it to the top as equity part- ners [at law firms],” he said. However, some recent numbers from the financial services industry indicate the winds of change are blowing, the minister said. The large law firms have reported 65 percent staff retention of Caymanians after three years on the job, which Mr. Panton said is better than in many other jurisdictions. The Caymanian Bar As- sociation has 130 student members and there are now 21 Caymanian articled clerks [trainee lawyers], with a fur- ther 114 who have completed that training, he said. Of the roughly 700 law- yers now licensed in the ju- risdiction, about 240 are Cay- manian, Mr. Panton said. “This bill finally goes a long way to addressing con- cerns around these issues and puts in place mecha- nisms through which Cayma- nians may become a part of this very significant legal fra- ternity,” Mr. Panton said. “We don’t need mecha- nisms which give Cayma- nians anything,” Mr. Panton continued. “There are many young Caymanians out there and others in the profession … who got there on their own merit. We simply need a framework that provides that platform for them to do that … they don’t need to be handed anything.” The government would not support any “mandates” that made “a certain number of people” law firm part- ners regardless of merit, the minister said. The bill creates an eight- member council, called the Cayman Islands Legal Prac- titioners Association, to promote the qualification, training and promotion of Caymanian lawyers. All at- torneys must be members of that council, Mr. Panton said. If Cayman fails to pass the current bill, which successive administrations have tried to do over the past 15 years, it is “guaranteed to fail” a terri- torial assessment by the Ca- ribbean Financial Action Task Force due later this year, the minister said. “It is the absence of a bill like this … that is what is against the interests of Cayman lawyers,” he said. Opposition, opportunities Independent members of Cayman’s parliamentary op- position have long opposed the most recent draft of the lawyers’ bill, and George Town MLA Winston Connolly gave some of their reasons Thursday morning. “The problem with the bill, as it is drafted, [is that] these equal opportunities have not been given by the same people that we want now to remain fully in charge of the [legal] fraternity,” Mr. Connolly said. “Once gone, [the opportunities] will likely never come back.” Mr. Connolly, who worked for Walkers Global and Ma- ples and Calder – Cayman’s two largest law firms – be- fore becoming a director in a financial services com- pany, said many reasons had been given for supporting the Legal Practitioners Bill but that fundamental problems of Caymanians in the legal industry were not addressed. “Nobody has acknowl- edged the situation that ex- ists with Caymanian lawyers in this country,” he said. “The ones that are schooled here are not making it to equity partnership and there’s a cul- ture of fear where people don’t speak up. To modernize a law and not put in the provisions that would protect our people is no real modernization.” Mr. Connolly said he was not making an argument for forced promotions of individ- uals who are unqualified. “I do not believe in affir- mative action; I do not be- lieve in putting Caymanians into a position because they are Caymanians, but equally they should not be kept out of a position because they are Caymanian,” he said. Mr. Connolly said he re- alized he was “commit- ting professional suicide” by making such public com- ments in Cayman, but that if he didn’t speak out, others wouldn’t or couldn’t. “Their mouths are sealed for all eternity unless they are willing to pay back the money they received for that silence,” he said. “What has been said to me repeatedly is there is a culture of fear in and around the large law firms …. People, if they speak out, feel they are going to be blackballed.” The debate on the Legal Practitioners Bill is likely to continue for the remainder of the week at least.The islands’ most-trusted news source 4 – EDITORIAL – Opinion&Letters The Cayman Compass welcomes comments, opinions and viewpoints from readers. Letters to the editor can be emailed to editor@pinnaclemedialtd.com, submitted via www.caymancompass.com, sent by post or hand-delivered to the Compass office. FRIDAY MARCH 10, 2017 • CAYMAN COMPASS I would be grateful if you could publish this letter to clarify and correct two key points made in your edito- rial of March 8. First, as the ministry re- cently discussed with local media, the internationally accepted recommendations of the Financial Action Task Force (FATF) does list central- ized registers as one mecha- nism via which jurisdictions can maintain beneficial own- ership information. This rec- ommendation has been in place for several years, and currently there is an ongoing process by which jurisdictions are undergoing a fourth round of FATF peer reviews to as- sess the effectiveness of their chosen mechanism (as well as their adherence to the other FATF recommendations). Second, the opinion issued by the European Data Protec- tion Supervisor (EDPS) specif- ically addressed the issue of the proportionality and risk to privacy rights of public registers. However, regarding the already accepted and im- plemented standard for ju- risdictions to maintain ben- eficial ownership information in non-public central regis- ters or similarly effective sys- tems, the EDPS opinion sup- ports Cayman’s position of establishing a centralized platform that is not acces- sible to the public. Dax Basdeo, Chief Officer, Ministry of Financial Services The use, misuse – and abuse – of parliamentary privilege One thing about the Brits and their legal system, they’ve got a long history, and anyone who wants to research it – or challenge it – has a high hill to climb. We refer specifically to the concept, which we have here in the Cayman Islands, of parliamentary privilege, also known (a bit erroneously) in some circles as legis- lative immunity. Nearly a century before Christopher Columbus embarked upon his maiden voyage to the New World, in 1397 to be precise, Thomas Haxey presented a bill to the House of Commons that was critical of the costs of King Richard II’s coterie. At the urging of the offended monarch, the lords condemned Haxey for treason, under punishment of death. Through the protection of the Archbishop of Canterbury, Haxey avoided execution, and in 1399 after King Henry IV took power, the judgment was reversed. Haxey’s situ- ation now stands a seminal case establishing the right of free speech in the House of Commons. Another early, and perhaps even more directly relevant case, involves a bill introduced by Member of Parliament Richard Strode in 1512 (a mere nine years after Columbus espied the Sister Islands, and a half century before the birth of Shakespeare). Strode’s bill concerned conditions for workers in the Cornwall tin industry. Before he could travel to Parliament to present the bill, he was prosecuted in the local court, fined and imprisoned. Upon his release, Parliament annulled the judgment and preemptively voided any legal proceedings brought against current or future lawmakers for their actions in Parliament. Stepping forward 500 years, parliamentary privi- lege is a well-established right in the U.K. and has been transmitted throughout the Commonwealth, including Cayman’s Legislative Assembly. The intended purpose of parliamentary privilege seems clear: to allow elected representatives to carry on the people’s business and to pursue debate without fear of intimidation or restraints on their independence as legislators. It is a noble concept and perhaps a necessary con- dition of parliamentary governance. However, far too often in Cayman’s Legislative Assembly, we witness the power of parliamentary priv- ilege being exercised so that lawmakers can – in the spirit of politics rather than policy – say things they would never dream of otherwise uttering in public. Rather than attempting to hold a spendthrift sov- ereign accountable, or to advocate for the vulnerable and voiceless, we see Cayman’s lawmakers invoking parliamentary privilege in order to broadcast (some- times bizarre) allegations against individuals or orga- nizations, to abuse personal and political opponents, to engage in hateful speech against certain groups or even … ahem … to accuse the Compass of perpe- trating “a treasonous attack on the Cayman Islands” by exercising its right to free speech (that was neither libelous nor defamatory). Put another way, our lawmakers take up the defen- sive shield of parliamentary privilege and employ it as a weapon to bash their adversaries into submission. Parliamentary privilege aims to promote courage. It also galvanizes cowardice. Cayman’s political campaign season is nascent. Lawmakers have just begun what may be the final session of the Legislative Assembly under the ruling Progressives government and before the upcoming May 24 elections. It is of particular importance for the public to be aware of the existence of parliamentary privilege, and that our lawmakers are acutely aware of the special protections they enjoy – and their oppo- nents lack – while they launch fiery verbal salvos. The courts cannot hold lawmakers accountable for what they say in the Legislative Assembly. The only checks on lawmakers’ actions within parliament are the consequences of voters’ actions within the polling stations. LETTERS TO THE EDITOR To the people who stole my scooter Yesterday began as any other day, nothing too dif- ferent from a regular work day. As usual, I was a bit tired these days but still beat the alarm clock. I show- ered, got dressed and had my usual breakfast. I flossed and brushed my teeth and it was time to head out to work. As I am working long hours and most times weekday and weekends. I was a few min- utes later than usual. I live in the Seven Mile Beach area but unfortu- nately on the wrong side of the street. There’s nothing wrong with my side, but the other side of the road has some of the most desired residences on the island. I can still dream! I was just heading out to the back of my building to where my moped is parked to take the short ride to work. Again, it was just another usual day, and then a few moments later, the day be- comes anything but usual. There was one little problem, or in my case not so little. A question went through my head, “How do you ride to the office when there is no moped where it should be?” Then self-doubt began to set in and I started to retrace my steps from the night be- fore. Somehow, did I walk home instead? That would have been re- ally nice if that had hap- pened. Alas, the truth sets in. It doesn’t help that there are no security cameras nearby. I was then thinking that my secure bike tire lock didn’t stop the thieves. The only way it could have hap- pened was the moped had to be physically lifted onto a truck or into a van by some really strong guys. Therefore, the ques- tion I would like to pose is, “Why do some try spoil it for the rest of us?” I love the Cayman Is- lands and its people. I enjoy both expats as well as native Caymanians. This country is very special and I am so happy to be here, but it is disappointing that some do their best (or is it their worst) to attempt to spoil it for the rest of us. Perhaps the thieves have become ex- perts in their field but they do impact working people and don’t seem to care about their actions. Life goes on, and all I ask is if you do happen to see a blue Piaggio Typhoon with li- cense 148 666, please let the authorities know where and when you noticed it, as the person driving it isn’t me! Still loving Cayman! Cheers, William Paré Ministry responds to Compass editorial PRINTED AND PUBLISHED BY: Caymanian Compass Limited (a subsidiary of Pinnacle Media Ltd) Compass Centre Shedden Road, George Town SEND US YOUR VIEWS OR NEWS: P.O. Box 1365 Grand Cayman KY1-1108, Cayman Islands Telephone: (345) 815-0095 Email: newsdesk@pinnaclemedialtd.com ADVERTISE WITH US: Telephone: (345) 949-5111 Email: sales@pinnaclemedialtd.com Website: www.caymancompass.com PUBLISHERS DAVID R. LEGGE AND VICKI L. LEGGE EDITOR-IN-CHIEF DAVID R. LEGGE EXECUTIVE EDITOR PATRICK BRENDEL A MEMBER OF THE INTER-AMERICAN PRESS ASSOCIATION “Give light and the people will find their own way” [T]he question I would like to pose is, “Why do some try spoil it for the rest of us?”The islands’ most-trusted news source 5 CAYMAN COMPASS • FRIDAY MARCH 10, 2017 Grow your own way Explore your career opportunities and complete your application by visiting: www.pwc.com/ky/careers Application deadlines: Scholarship – March 31st Work Experience – April 7th “When looking for a University it was important to me to find a place that would allow me to continue with my passion for swimming. The UK was the best fit and while studying accounting, I’ve even participated in the Olympics.” - Geoff Butler, 2014 scholarship recipient, studying at the University of Edinburgh. “When I was studying accounting in Canada, I wasn’t sure which line of service I liked best. I did work experience during the summers with the tax group. Then I joined the firm after graduation with the audit group. Now with experience in both I know tax is the right fit for me and I’ll rejoin that group in the summer.” - Sarah Hale, 2014 scholarship recipient, joined the firm in 2016. “I majored in business in the US and joined the firm after graduation to learn more about accounting. I received study support for the CPA while getting work experience. My path wasn’t traditional for scholarships but it was right for me PwC.” - Cara Verhoeven, joined the firm in 2014. © 2017 PricewaterhouseCoopers, a Cayman Islands partnership. All rights reserved. Explore PwC Scholarship and Work Experience Programs Grow your own way Explore your career opportunities and complete your application by visiting: www.pwc.com/ky/careers Application deadlines: Scholarship – March 31st Work Experience – April 7th “When looking for a University it was important to me to find a place that would allow me to continue with my passion for swimming. The UK was the best fit and while studying accounting, I’ve even participated in the Olympics.” - Geoff Butler, 2014 scholarship recipient, studying at the University of Edinburgh. “When I was studying accounting in Canada, I wasn’t sure which line of service I liked best. I did work experience during the summers with the tax group. Then I joined the firm after graduation with the audit group. Now with experience in both I know tax is the right fit for me and I’ll rejoin that group in the summer.” - Sarah Hale, 2014 scholarship recipient, joined the firm in 2016. “I majored in business in the US and joined the firm after graduation to learn more about accounting. I received study support for the CPA while getting work experience. My path wasn’t traditional for scholarships but it was right for me PwC.” - Cara Verhoeven, joined the firm in 2014. © 2017 PricewaterhouseCoopers, a Cayman Islands partnership. All rights reserved. Explore PwC Scholarship and Work Experience Programs Grow your own wayExplore your career opportunities and complete your application by visiting: www.pwc.com/ky/careers Application deadlines: Scholarship – March 31st Work Experience – April 7th “When looking for a University it was important to me to find a place that would allow me to continue with my passion for swimming. The UK was the best fit and while studying accounting, I’ve even participated in the Olympics.” - Geoff Butler, 2014 scholarship recipient, studying at the University of Edinburgh. “When I was studying accounting in Canada, I wasn’t sure which line of service I liked best. I did work experience during the summers with the tax group. Then I joined the firm after graduation with the audit group. Now with experience in both I know tax is the right fit for me and I’ll rejoin that group in the summer.” - Sarah Hale, 2014 scholarship recipient, joined the firm in 2016. “I majored in business in the US and joined the firm after graduation to learn more about accounting. I received study support for the CPA while getting work experience. My path wasn’t traditional for scholarships but it was right for me PwC.” - Cara Verhoeven, joined the firm in 2014. © 2017 PricewaterhouseCoopers, a Cayman Islands partnership. All rights reserved. Explore PwC Scholarship and Work Experience Programs6 LOCAL NEWS FRIDAY MARCH 10, 2017 • CAYMAN COMPASS Law firm: Changes to residency system ‘largely cosmetic’ BRENT FULLER bfuller@pinnaclemedialtd.com The Cayman Islands law firm at the center of two high-profile court challenges to the local Immigration Law said Thursday that Cabinet- approved changes to the system used to evaluate per- manent residence applica- tions were “largely cosmetic” and would not negatively af- fect most applicants. More than 900 people are awaiting word on their ap- plications, some of which were filed more than three years ago. Legal delays and confusion over the perma- nent residence grant system have led to no applications being heard since at least January 2015. It was not immediately clear when either the Immi- gration Department or the Caymanian Status and Per- manent Residency Board would begin hearing the backlogged applications for permanent residence – which is the right to remain in Cayman for the rest of one’s life. The government made no specific announcement regarding that but Pre- mier Alden McLaughlin said Wednesday the changes would clear the way for the applications to now be heard. “From what we gather, it will be a combination of the board and Immigration De- partment administrators who will be making assessments and it is hoped, therefore, that this will mean that the backlog is dealt with quicker than may otherwise have been the case,” an email sent to PR applicants from HSM Chambers law firm partner Nicholas Joseph read. The biggest change from the prior regulations gov- erning the grant of perma- nent residence is that all ap- plicants, regardless of what job they hold, will be given full points (15) for their cur- rent position. “Every applicant, whether they are the head of large fi- nancial services enterprise or a domestic helper, will re- ceive 15 points for … current occupation,” Mr. Joseph said. However, the new reg- ulations, which were ap- proved on Feb. 28 by Cab- inet, make no mention of what government intends to do with its “priority occupa- tions” list described in the law. Priority occupations are specifically designated jobs which are considered to be especially important or de- sired within the Cayman Islands economy. If an ap- plicant for permanent res- idence holds one of those jobs, the regulations allow them to receive up to an additional 15 points for their occupation. At this stage, Mr. Joseph said, it is assumed that all applicants will receive no points under the priority oc- cupation designation, since no jobs have been listed as priority occupations. “HSM Chambers’ general view is that the new regu- lations are largely cosmetic and do not constitute a ma- terial change for most appli- cants,” Mr. Joseph said. “Our view is that these changes taking effect today will mean that almost all applicants will receive more points.” For instance, a sur- geon applying for residence would have received eight points for his or her occupa- tion under the former regula- tions. With the changes made on Feb. 28, that applicant now receives 15 points, an increase of seven points. Permanent residence ap- plicants under the Immi- gration Law must receive a total of at least 110 points to be awarded that status and are judged on a wide range of areas, including job, salary, experience, edu- cation, community involve- ment, age, nationality and whether they have Cayma- nian family connections. The HSM analysis also cleared up a few other areas of the new points system for residency applicants. Applicants with “school age” children, those above four years and nine months old and below age 16, will have $15,000 deducted from their salary for each child of that age they have when their salary is evaluated under the points system. Applicants who have children above age 16 and below four years and nine months, will have $12,000 deducted from their salary for each child, when that score is calculated. All permanent residence applicants are scored based on their age, but those ap- plicants between the ages of 18 and 24 at the time their application is made are currently given only four points out of a pos- sible 10. Those applicants will now be judged on their age at the time their appli- cation is heard by the board or Immigration Department, not at the time they applied. If those applicants are be- tween 25 and 34 years old at the time the board hears the application, they would be given a full 10 points. For all other appli- cants, they will be judged on their age at the time the application was filed, not when it is heard. The Immigration Department building on Elgin Avenue. - PHOTO: CHRIS COURTThe islands’ most-trusted news source 7 CAYMAN COMPASS • FRIDAY MARCH 10, 2017 8 LOCAL NEWS FRIDAY MARCH 10, 2017 • CAYMAN COMPASS Chris Ollen McLaughlin 15th Sep 1985 - 11th Mar 2016 You left me beautiful memories Your love is still my guide, And though we cannot see you, You’re always by my side. Sadly missed by your parents, daughters, sisters, nieces and nephews. The Family of the late Patrick Alexander Roberts Aff ectionately known as ‘Peter’ / ‘Backo’ Regret to announce his passing On Monday, 27 February 2017. A service of thanksgiving for his life will be held at 10:30am, Saturday, 25 March 2017. At the New Destiny Church 505 McCormick Rd., Apopka, Fl. 32703 Interment will be at Edgewood–Greenwood Cemetery 141 South-Edgewood Drive, Apopka, Fl. 32703 We have been asked to announce the passing of Mr. Melvin Welcome Affectionately known as “Melo” of Honduras and George Town, Grand Cayman, who passed away on Thursday, March 2, 2017. Details of a Thanksgiving Service will be announced at a later date. We have been asked to announce the passing of Mr. Melvin Welcome Affectionately known as “Melo” of Honduras and George Town, Grand Cayman, who passed away on Thursday, March 2, 2017. Details of a Thanksgiving Service will be announced at a later date. Condolences can be registered at: www.churchillsfuneralhome.com We have been asked to announce the passing of Mr. Kermit Conolly Stamp James of Honduras and George Town, Grand Cayman, who passed away on Thursday, February 16, 2017. A Thanksgiving Service will be held on Saturday March 11, 2017 at Church of God Chapel, Walkers Road. George Town, at 2:30 p.m. Viewing at 1:00 -2:15 p.m. Interment to follow at Dixie cemetery We have been asked to announce the passing of Mr. Kermit Conolly Stamp James of Honduras and George Town, Grand Cayman, who passed away on Thursday, February 16, 2017. A Thanksgiving Service will be held on Saturday March 11, 2017 at Church of God Chapel, Walkers Road. George Town, at 2:30 p.m. Viewing at 1:00 -2:15 p.m. Interment to follow at Dixie cemetery of Honduras and George Town, Grand Cayman, who passed away on Thursday, February 16, 2017. Condolences can be registered at: www.churchillsfuneralhome.com We have been asked to announce the passing of Mr. Neptune Sylvester Affectionately known as “Ned” of George Town, Grand Cayman, who passed away on Tuesday, March 7, 2017. Details of a Thanksgiving Service will be announced at a later date. We have been asked to announce the passing of Mr. Neptune Sylvester Affectionately known as “Ned” of George Town, Grand Cayman, who passed away on Tuesday, March 7, 2017. Details of a Thanksgiving Service will be announced at a later date. We have been asked to announce the passing of Condolences can be registered at: www.churchillsfuneralhome.com No convictions for two police officers who overused Tasers Magistrate weighs their entire career against ‘isolated incident of poor judgment’ CAROL WINKER cwinker@pinnaclemedialtd.com Suspended police officers Austin Etienne and Cardiff Robinson attended Summary Court on Thursday to learn Magistrate Philippa McFar- lane’s decision to record no convictions against them. She had found them both guilty of common as- sault after a trial that in- cluded viewing of camera footage from the Tasers both men used on a man in East End after pursuing him from George Town in the early hours of May 3, 2014. Instead of a conviction, she conditionally discharged them for 12 months – the condition being that they not commit any offense in the next 12 months. She also or- dered each one to pay $400 in costs – $100 for each day of the trial, which she thought had gone on longer than it needed to. The men first came to court in March 2015 and trial took place over four dates in 2016, with the magis- trate handing down her ver- dicts on Nov. 29. The officers had pleaded not guilty and gave evidence that they used their Tasers because they feared for their safety and the safety of fellow officers. The magistrate said she gave them the benefit of the doubt regarding their first use of the Tasers, but said subsequent deployments of the devices amounted to ex- cessive use of force. The court met Thursday morning, when attorneys Dennis Brady and Natasha Bodden spoke in mitigation for the men. The magistrate indicated she was impressed with the character references submitted by their colleagues and superiors. Senior Crown counsel Candia James advised that the maximum sentence in Cayman is one year impris- onment. She submitted that the offending in this case was in the most serious cate- gory because of the degree of harm caused and the culpa- bility of the officers. She de- scribed the officers’ actions as a gratuitous infliction of violence after the suspect had been restrained. Ms. James provided a guideline case, which the magistrate referred to in her decision. The magistrate gave Rob- inson and Etienne a chance to address the court. Each spoke of his belief that at the time, he was acting appropri- ately. Given more time to re- flect, they could have taken another course of action. The magistrate accepted that the officers had a dif- ficult job, especially when they have to deal with disorderly and difficult people late at night. People being detained can be- come violent as a result of being angry or in an at- tempt to secure their re- lease, she said. She quoted from the case Ms. James provided – that when violence is directed at officers, they have the dif- ficult task of ensuring that the force they use is pro- portionate and reasonable in all the circumstances. That required an assess- ment of the situation and how it was likely to de- velop. That was not always easy because incidents can move fast and be unpre- dictable, she indicated. The magistrate acknowl- edged that she had strug- gled with the question of sentence before exercising her discretion not to record a conviction. One consideration was the message sent to the public. Cayman today is not the Cayman of 10, 20 or 30 years ago, she noted, and the police service de- serves the public’s support. She considered what had happened to be an iso- lated incident of bad judg- ment and how it could af- fect the men’s careers. They had been suspended since their verdicts. She pointed out that po- lice send files for charges, but it is the Office of the Director of Public Prosecu- tions that actually reviews a file and makes the deci- sion to charge a person. She said it was appropriate in this case for the charges to have been brought; the evidence was very strong and the case was proved against each man. She said she thought they understood the gravity of what they had faced, and having the matter hanging over them for so long was a form of punishment. Death toll rises to 34 in fire at youth shelter in Guatemala SAN JOSE PINULA, Guate- mala (AP) – A blaze that killed at least 34 girls at a shelter for troubled youths erupted when some of them set fire to mattresses to protest rapes and other mistreatment at the badly overcrowded in- stitution, the parent of one victim said Thursday. Officials said they are still investigating who started the fire Wednesday at the long- criticized shelter on the out- skirts of Guatemala’s cap- ital. It houses troubled and abused boys and girls as well as juvenile offenders. Nineteen victims were found dead at the scene, and 15 more succumbed one by one to their grisly injuries at hospitals in Guatemala City. Several more girls were fighting for their lives, some with severe burns over more than half their bodies. The fire started when someone ignited mattresses in a dormitory that held girls who had been caught the day before during a mass breakout attempt, au- thorities said. On Thursday, distraught parents haunted hospitals and the morgue, passing scraps of paper scrawled with the names of loved ones they hoped to find. Geovany Castillo said his 15-year-old daughter Kim- berly suffered burns on her face, arms and hands but survived. She was in a locked area where girls who took part in the escape attempt had been placed, he said. “My daughter said the area was locked and that sev- eral girls broke down a door, and she survived because she put a wet sheet over herself,” Castillo said. “She said the girls them- selves set the fire,” he said, adding: “She said the girls told her that they had been raped and in protest they es- caped, and that later, to pro- test, to get attention, they set fire to the mattresses.” Another surviving 15-year- old girl said that male resi- dents had apparently been able to enter at least some of the girls’ dormitories be- fore the fire. She and others took refuge on a roof for fear of being attacked and saw the fire break out in a nearby building. “I saw the smoke in the place,” she said. “It smelled like flesh.” The state-run Virgin of the Assumption Safe House has long been the subject of com- plaints about abuse, inade- quate food and crowded and unsanitary conditions behind its 30-foot wall. The shelter was built to hold 500 young residents but housed at least 800 at the time of the fire. Guatemalan President Jimmy Morales issued a statement blaming the di- saster on the courts for ig- noring a request by his administration to transfer ju- venile offenders out. “Before the fire, the gov- ernment had asked the ap- propriate authorities to im- mediately transfer youthful offenders to other detention centers, to avoid greater con- sequences,” the president’s office wrote. “The government regrets the fact that those authorities did not heed that request in an opportune way, something which could have prevented the tragedy.” Jorge de Leon, Guate- mala’s human rights pros- ecutor, said in a state- ment that during the mass breakout the evening before the fire, at least 102 children who escaped had been lo- cated, but others managed to flee. He said younger chil- dren fled the shelter because they were being abused by older residents. “According to what they say, the bigger kids have con- trol and they attack them constantly,” de Leon said. “They also complain that food is scarce and of poor quality.” In 2013, a 14-year-old girl was strangled by another resident, investigators said. Authorities said DNA tests might be necessary to iden- tity some remains. A doctor at one hospital asked parents waiting outside for informa- tion to come back with pho- tographs, dental records and details about tattoos or other distinctive features. Piedad Estrada, a street vendor, arrived with a pho- tograph of her 16-year- old daughter. She said the teen was pregnant and had been at the shelter for nine days because she ran away from home.The islands’ most-trusted news source 9 CAYMAN COMPASS • FRIDAY MARCH 10, 2017 The Family Of The Late Condolences can be registered at boddenfuneralservices.com & Bodden Funeral Service Facebook page. Conrad Rutkowski regret to announce his passing on Sunday, 5 March 2017. A funeral service will be held 3:00 PM Saturday 18 March 2017, at Cayman Islands Baptist Church, Pedro Castle Rd. In lieu of flowers please makes donations to Cayman Hospice Care. The Family Of The Late Condolences can be registered at boddenfuneralservices.com & Bodden Funeral Service Facebook page. Berkley Kelly regret to announce his passing on Thursday, 23 February 2017. Funeral arrangements will be announced at a later date. The Family and Friends Of The Late Condolences can be registered at boddenfuneralservices.com & Bodden Funeral Service Facebook page. Mongkol Srilamai regret to announce his passing on Wednesday , 1 March 2017. Viewing will be held 3:00-5:00 PM Monday 13 March 2017, at Bodden Funeral Service, 117 Walkers Rd. Mr. Srilamai will be repatriated to Thailand The Family Of The Late Condolences can be registered at boddenfuneralservices.com & Bodden Funeral Service Facebook page. Myrna Putns regret to announce her passing on Thursday , 2 March 2017. Mrs. Putns will be repatriated to Canada. The Family Of The Late Condolences can be registered at boddenfuneralservices.com & Bodden Funeral Service Facebook page. Hannah Lee regret to announce her passing on Saturday , 4 March 2017. Mrs. Lee will be repatriated to the U.S.A. The Family Of The Late Condolences can be registered at boddenfuneralservices.com & Bodden Funeral Service Facebook page. Jeffrey Broderick regret to announce his passing on on Thursday, 23 February 2017. A formal Requiem Mass will be held from 3:30 PM to 4:15 PM on Saturday, 11 March 2017 at the St. Ignatius Catholic Church, Georgetown (Church attire ). A Celebration of Jeffrey’s Life will follow from 5:30 PM to 8:30 PM at Pedro St. James Castle, Savannah (casual attire ). In lieu of flowers, donations can be made to the Literacy Is For Everyone (LIFE) programme. into custody. A sentencing hearing will take place in April. After a trial that lasted nearly six weeks, Syed was convicted of two counts of theft, seven counts of ob- taining money transfers by deception, and three counts of obtaining a pecuniary advan- tage by deception. The professor lied about his qualifications to get the president’s job in 2006 and then used his college credit card for more than $200,000 of personal purchases, in- cluding exotic holidays and expensive jewelry for his girl- friend, the court heard. He also spent college funds on a car and bathroom fur- nishings for the same woman. The jury heard evi- dence that Syed had cre- ated false invoices to claim more than $73,000 in refunds for products he had never bought in connection with a project to set up the Civil Service College. He also filed time sheets for hundreds of hours of con- sultancy work on the same project, falsely claiming just under $85,000 in fees from the college, which he was not entitled to. Syed also lied to UCCI’s ac- countant to obtain a $70,000 salary advance before fleeing Cayman in early 2008. It emerged during trial that the bulk of his ill-gotten gains were spent on his girl- friend. Syed’s lawyers argued that he was a middle-aged man, smitten with a much younger woman, who had foolishly showered her with gifts but always intended to pay the money back. They said he had been negligent but not dishonest. Prosecutors argued that Syed had dishonestly stolen the cash to live a lavish life- style and then fled the island when his crimes were ex- posed in 2008. He was extradited to the Cayman Islands from Switzerland after being lo- cated in 2014. that the entire jury should be dismissed. Justice Philip St. John- Stevens lifted the gag order at the end of the trial Thursday and summoned legal counsel for Premier McLaughlin, Hurley’s Media and Rooster host Woody DaCosta, who conducted the interview to explain their actions. The judge told them their remarks on the show were “perhaps not the most appropriate in the circumstances.” He added that it was the responsibility of media or- ganizations to have safe- guards in place to prevent such comments being broad- cast during an active trial. “The effect of that broad- cast was to delay the trial for two-and-a-half days,” he said. “The court was faced with an application to dis- charge the jury. It involved an extensive and expensive inquiry. After careful con- sideration, the trial pro- ceeded. The court was sat- isfied no unfairness had been generated.” Lloyd Samson, repre- senting Mr. DaCosta, who was in court in person, said his client understood the “potentially catastrophic” impact the interview could have had on the trial and made an “unreserved apology to the court.” “He accepts what he did was wrong,” said Mr. Samson. Rachel Smyth, for Hur- ley’s Media, said the broad- caster and its owner Randy Merren, who also attended court, apologized to the court and the public for the incident and had put in place procedures to ensure there was no repeat. Justice St. John-Stevens said any remarks during a trial that alluded to the ve- racity of witnesses or the in- nocence or guilt of the de- fendant could amount to contempt of court, punishable by up to six months in prison. He said it was the effect of the actions, not the moti- vation that was important, and such remarks could lead to trials being aborted. No formal contempt charges were brought, and there will be no further ac- tion in connection with the interview. The premier, who was in the Legislative Assembly and did not appear in court, told the Cayman Compass later on Thursday that he had no further comment on the matter. “Mr. Syed has been con- victed and the time for any appeal has not expired. I do not at this time pro- pose to add to the statement given in court,” Premier McLaughlin said. The details of the inter- view and the repercussions it caused for the trial were kept from the jury, who were told only that proceedings were being delayed to deal with legal matters. During his applica- tion for the jury to be dis- missed, Syed’s attorney Mr. Price read out a transcript of Mr. McLaughlin’s com- ments on Feb. 17. The pre- mier was being interviewed by Mr. DaCosta during the radio show. Mr. McLaughlin ap- peared to dispute evidence given in the trial on Feb. 16 by Royal Cayman Islands Police Service Inspector Ru- dolph Gordon. In court, Mr. Gordon was asked whether he had received a response to written questions submitted during the Syed investigation from both Mr. McLaughlin, then the education min- ister, and former UCCI board chairman Danny Scott. Inspector Gordon said he had not received written answers to those questions from the two men. Mr. McLaughlin told Rooster FM that he did talk to the police. “In fact, they came to my house. Three of them came. I met them in my home office. I don’t know if they’ve forgotten all of that.” The premier also said he told the officers that he knew nothing about the Syed matter and that there was nothing he could help them with. “At the very least, we say, this could have the effect of undermining the evidence of Mr. Syed,” Mr. Price said. Deputy Director of Public Prosecutions Pat- rick Moran disputed this assertion. Mr. Moran said the questions asked of In- spector Gordon dealt only with the witness state- ment he sent in writing to the premier. At no point did the officer claim he had not spoken to the premier. “There’s no issue that [the premier] refused to make a witness statement, despite repeated requests by police,” Mr. Moran said. “How much relevance does that bear to the issues the jury has to decide? In my re- spectful view, little if any.” Another comment made by Mr. McLaughlin during the “Cayman Crosstalk” ap- pearance was in relation to Syed himself. According to the show transcript, the premier’s comment was: “I certainly don’t want the prejudiced result, because I firmly be- lieve Syed is a scamp.” “We submit [these com- ments] are so powerful, from such an important person, at such a critical time in the proceeding … no decision [of the court] can cure them,” Mr. Price said. Again Mr. Moran dis- agreed: “The ‘scamp’ had the full support of this min- ister throughout the whole time with which we’re con- cerned. If this jury will al- ready have taken the view that this defendant had admitted scampish be- havior … what difference does it make?” Ultimately, the trial judge decided that all seven jurors could continue de- ciding the case after speaking to them, in gen- eral terms, about whether they had heard, or were aware of, the Feb. 17 radio show appearance. Jurors told the court they had not heard it at all. Syed found guilty on all 12 counts; Judge rebukes premier for remarks It took a jury of five women and two men just over two days to reach unanimous guilty verdicts on each of the charges. CONTINUED FROM PAGE 1 McLaughlin’s radio comments led to trial delays CONTINUED FROM PAGE 1 Premier Alden McLaughlinNext >