SECTION | PAGE ## TITLE FOR THE SPORT/ BUSINESS SKYBOX FRIDAY MARCH 31, 2017 • CAYMAN COMPASS It’s St. Ignatius Spring Fling time! Annual school fair will have you hopping for joy B5 Oxford Cambridge Boat Race Watch all the action on dry land B6 Art & Culture Events Events Concerts happening in South Florida ■ MUSIC Sea N’ B go Rock N’ Roll Live ‘60s show at Prospect Playhouse Theatre funds scholarship. B7 Young Image Makers Workshop The Cayman National Cultural Foundation offers free course to budding filmmakers B3 www.babichwines .co.nz Excellence Through Experience www.babichwines .co.nz Excellence Through Experience www.babichwines .co.nz Excellence Through Experience www.babichwines .co.nz Excellence Through Experience STOLI FLAVOURS 2 for $ 56 Until 31 July Registered Merchant of CaymanGiftCertificates. com SAVE ALMOST $5. Regular $13.99 each. Fine Wine and Spirits TORTUGA 15 stores island-wide and Mary Lou’s in Cayman Brac. For more information, please call 949-7701. 2for$28 Month of March only Marlborough Sauvignon Blanc 2014 Comedians, bands and quirky presenters take to the stage this month B2 CAYMAN WEEKENDER Sea N’ B go Rock N’ Roll EDITORIAL | PAGE 4 ‘WHERE’S ALDEN?’: DIFFERENT APPROACHES TO POLITICAL CHESS High of 86 Low of 75 Slight to moderate with wave heights of 2 to 4 feet. ESTABLISHED 1965 www.caymancompass.com – 75 CENTS – FRIDAY MARCH 31, 2017 Justice’s ruling on ‘Ritch Report’ appealed Consultant’s report considers residence applications BRENT FULLER bfuller@pinnaclemedialtd.com The Cayman Islands Information Com- missioner’s Office will appeal a January ruling by the chief justice which essentially ordered that a lengthy, $312,000 consul- tant’s report evaluating permanent residence issues be withheld from public view. Acting Information Commissioner Jan Li- ebaers’s office told the Cayman Compass on Thursday that it had submitted a notice of appeal in relation to Chief Justice Anthony Smellie’s Jan. 26 ruling. “The information commissioner’s of- fice believes that there are several find- ings within the chief justice’s ruling which raise significant legal questions about the Freedom of Information Law, and therefore, merit further consideration by the courts,” the notice from Mr. Liebaers’s office read. The Compass initially sought a copy of the report by the Ritch & Conolly law firm at the request of Premier Alden McLaughlin, whose government was looking for guidance on how to handle a burgeoning backlog of more than 800 permanent residence appli- cations from non-Caymanians at the time. Since then, nearly 200 more people have applied for the immigration status which conveys the right to remain in the Cayman Islands for the rest of one’s life. Chief Justice Smellie was brought into the matter when Premier McLaughlin’s ministry failed to turn over a copy of the consultant’s review at the request of Mr. Liebaers’s office. The information commissioner had sought the report, not for public release, but to examine it privately to determine whether any part of it could be made public. Mr. Liebaers ordered MORE INDEPENDENTS, MORE WOMEN IN 2017 GENERAL ELECTION Gas stations granted liquor licenses Two groups of independents form BRENT FULLER bfuller@pinnaclemedialtd.com The 2017 general election has brought out more independent candidates and more female candidates than its predecessor in 2013, according to figures reviewed by the Cayman Compass. For the first time since the 2000 election, the number of candidates identifying themselves as independents surpassed the number of those run- ning with the established political parties. Also, the percentage of female candidates went from 16 percent of the total in 2013 to 25 per- cent this year. The Progressives party claimed that it had put more women on its candidate slate for the up- coming election – six – than any other political group in recent times. There are 37 independent candidates (not af- filiated with either of the two major political par- ties) seeking office on May 24. In 2013, there were 24 independent candidates. The Progressives and the Cayman Democratic Party, have fielded about the same number of can- didates they did in 2013. However, there is no third political party in the 2017 election as there was four years ago with the People’s National Alliance. The Tomlinson group About one-third of the independent candidates are being supported by Chrissie Tomlinson Memorial Hospital founder Dr. Steve Tomlinson, who said Thursday that he was hoping “some Progressives candidates and some CDP candidates – but not too many” would be elected along with some independents. Sunday trading rejected for liquor stores, approved for gas station JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Six new liquor licenses have been granted to gas stations, including one to sell alcohol on Sundays. However, several applica- tions from liquor stores to open on Sundays were not granted by the Liquor Li- censing Board following its meeting last week. Peanuts store at the Red Bay Rubis station, which was already approved to sell booze, has been granted a retail li- quor license, which will allow it to sell alcohol on Sundays. Five other gas stations – Mike’s Esso on Seven Mile Beach, Jose’s on Crewe Road, Brown’s Esso stations in Red Bay and the George Town In- dustrial Park, and Rubis on Seven Mile Beach, were each granted package liquor licenses. Separate applications from Prentice Panton to open his Liquor for Less and Meringue Town stores on Sundays were rejected. The board did not give rea- sons for its decisions. Acting chairman Woodward DaCosta did not return calls and emails from the Cayman Com- pass this week. The Compass understands that the law, as currently in- terpreted by the board, allows PLEASE TURN TO PAGE 8 » PLEASE TURN TO PAGE 9 » PLEASE TURN TO PAGE 8 » The sign at the Rubis gas station in Red Bay advertises the sale of wine and beer inside the Peanuts store. - PHOTO: TANEOS RAMSAY2 LOCAL&REGIONAL FRIDAY MARCH 31, 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 THE PROGRESSIVES MEET YOUR PROGRESSIVES CANDIDATES! Friday 31 March 2017 Progressives Office – Crewe Road 5:30 pm – 9:00 pm Fish fry, drinks and entertainment THE PROGRESSIVES COME ON DOWN! 18 teams compete in relay swim Eighteen teams of four swimmers each took part in Saturday’s Massive Open Water Relay. Each leg of the relay in the water off Seven Mile Beach was 600 meters for swim- mers over age 12 and 400 me- ters for those under 12. Bra- zilian Olympian Nicolas Nilo Oliveira, who was on island for a Stingray Swim Club- organized clinic and moti- vational talk, was among the competitors. Michael Lockwood, presi- dent of the Cayman Islands Amateur Swimming Associ- ation, said, “This event is so different than our other sea swims and encompasses team building in a fun environment. A big thank you to Massive for sponsoring this exciting and well attended event. “Proceeds from this event will go towards Represen- tative Team events, which includes sending our big- gest swim team ever to the 2017 CARIFTA Champion- ships in Bahamas.” David Kirkaldy, president of Massive, which has sponsored the sea swim over the past three years, said, “This event is like no other on the CIASA calendar and, while having a competitive element, is also a fun and approachable way to bring others to the sport.” Winners Finishing first in their categories were the following teams: The Maples team of Paul Peat, Ivan Jones, Tim Dawson and Thomas Lynch won the Corporate relay team competition. The one-man “Team Jon,” consisting of Jon Roney won the 40 and over category, while team Overrated, with Elana Sinclair, Sam Bailey, Neil Hemp and Jake Bailey, won the 18-39 category. In the 15-17 category, For Migos was the winning team, comprising John Bodden, Liam Henry, Zachary Moore and Jonathon Key. Team CISC, with Corey Westerborg, Stephanie Royston, Isabella Watler and Carmella Ylagan, won the 13-14 category. The Pink Rainbow Fluffy Unicorns, comprising Finn Bishop, Sophie Ellison, Jackson Haywood and Ste- fano Bonati, won the 12 and under section. Taste of Cayman Flava booth winner Hannah Cripps, center, is the winner of the Taste of Cayman Flava photo booth competition. She wins a trip for two to Jamaica and dinner for 10 at Cayman Cabana. She is pictured with Cayman Cabana owner Luigi Moxam and Pinnacle Media Director Vicki Legge. Brazilian Olympian Nicolas Nilo Oliveira, who was on island for a Stingray Swim Club-organized clinic and motivational talk, was among the competitors. David Kirkaldy with team CISC, winners of the 13-14 category: from left is, Corey Westerborg, Stephanie Royston, Isabella Watler and Carmella Ylagan. VENEZUELA COURT SAYS IT CAN TAKE OVER CONGRESS’ POWERS CARACAS, Venezuela (AP) – Venezuela’s Supreme Court has ruled that it can take over responsibilities assigned to congress in what opponents of President Nicolas Maduro say is part of an attempt to install a dictatorship in the South American nation. In a decision late Wednesday night, the mag- istrates said that as long as lawmakers remain in con- tempt of past court rul- ings nullifying all legislation coming out of the opposition- controlled National Assembly, the high court can assume congressional duties it- self. The court’s decisions have consistently backed the government. Julio Borges, the assem- bly’s president, said that while past decisions had stripped power from con- gress, this move allows Maduro to rule by fiat. Sev- eral opposition leaders called for a new round of street demonstrations. “Maduro is now the Na- tional Assembly,” he told The Associated Press. “It’s one thing to try and build a dicta- torship and another to com- plete the circuit.” It was not immediately clear, however, what practical impact the ruling will have. Maduro has jailed scores of opponents and ridden roughshod over lawmakers’ powers ever since the oppo- sition swept congressional elections by a landslide in 2015 and immediately set out to remove the socialist leader from office through a recall referendum. The high court a year ago issued an order automatically nullifying all legislation coming out of con- gress, and earlier this week it moved to limit lawmakers’ immunity from prosecution. But foreign govern- ments are increasingly de- crying the shift toward au- thoritarian, one-party rule. Earlier this week, diplo- mats from the hemisphere gathered at the Organiza- tion of American States in Washington to debate whether to punish Maduro for breaking the democratic order and rule of law.The islands’ most-trusted news source 3 CAYMAN COMPASS • FRIDAY MARCH 31, 2017 The secret is out. Blue is the new green. doctorshospitalcayman.comThe 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 31, 2017 • CAYMAN COMPASS There’s a truism in political circles that goes, “Before voters ever choose their candidates – candidates have already chosen their voters.” That’s certainly what happened yesterday – Nomination Day – particularly with the Progressives. As the minutes and hours ticked by Wednesday, and the nomination deadline of 3 p.m. approached, the biggest mystery loomed larger and larger: “Where’s Alden?” Throughout Nomination Day, Compass journalists fanned out across Grand Cayman to keep tabs on which candidates were going to run, and where. In some instances, we already knew: Cayman Demo- cratic Party patriarch McKeeva Bush had announced early he would run in West Bay West, and he did. Inde- pendent candidate Kenneth Bryan had staked out George Town Central months ago. Incumbents Ezzard Miller and Arden McLean were going to seek reelection in North Side and East End, respectively. No surprises there. The candidates’ choices told us a lot about, at minimum, where the candidates feel their campaign themes would resonate the loudest. The CDP concentrated its power in West Bay, as well as select districts in George Town and Bodden Town. Independents tended to run where they live, have businesses, grew up or have family. A candidate who announced his or her intention early sent the message, “I am strong. This is my turf. Anyone who wants to win here will have to go through me first.” On the other hand, the Progressives’ “wait-and-see” strategy in George Town, of holding off until the last moment before going public with their decisions, sent a different message – not of weakness, per se, but of tactical calculation. Which brings us back to Premier Alden McLaughlin. One would think that Premier McLaughlin, as leader of the country as well as the Progressives party, should (like his rival CDP counterpart Mr. Bush) have his first choice of district and, as a political heavyweight, be able to dictate the decisions by potential opponents. In other words, as a “big dog,” the premier should have the “little pups” scrambling to get out of his way. But that is not how Premier McLaughlin chose to play his hand. For weeks, the prevailing assumption had been that the premier would run in either George Town Central (setting up a showdown with his former political aide Mr. Bryan) or in Prospect, where he lives and is registered to vote. With Mr. McLaughlin going on “radio silence” with the Compass (and we presume other media) and keeping his cards close to his vest, we shifted our own strategy to “zone coverage,” stationing one reporter at the George Town Central nomination office at the Town Hall and one reporter at the Moravian Church Hall in Prospect. The premier nearly managed to split our defen- sive scheme, but timely tips revealed to us that Premier McLaughlin was placing his bets on the district of Red Bay. One of our journalists rushed over to the nomination office at Seafarers Hall to interview our wily premier and snapped the photograph that appeared on the front page of Thursday’s Cayman Compass. Premier McLaughlin faces CDP candidate Denniston Tibbetts (who is the brother of the premier’s mentor Kurt Tibbetts) and independent Frank McField. Meanwhile, in George Town Central, Mr. Bryan’s opponent will not be Premier McLaughlin after all, but Finance Minister Marco Archer, who promises to be a formidable foe indeed. Thanks to the premier’s selection, the Red Bay area (where Shamrock Road splits from the East-West Arterial) has and will receive an intensity of attention it has not received since Durty Reid’s, the popular watering hole known for its “warm beer, lousy food and surly help,” was demolished in the name of eminent domain. For the next two months until the May 24 elections, Red Bay, which is home to aromatic jerk chicken stands, the Cayman Islands Brewery and The Prospect Play- house, is now the site of another kind of entertainment – grand political theater. ‘Where’s Alden?’: Different approaches to political chess 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” Thinking clearly about tax reform President Trump has said he is going to move on to tax reform after the debacle with Obamacare repeal. Is there any reason that we can ex- pect greater success with the tax reform effort? I argue no, unless the rules in the House and Senate are modi- fied, and those in Congress, whose brains are connected enough to distinguish be- tween tax rates and tax rev- enues, take control. Fortunately, we have a history, going back to the Coolidge administration in the 1920s, the Kennedy ad- ministration in the 1960s, the Reagan administration in the 1980s, and even the second Clinton administration, to give clear lessons about what works when reforming the tax code. The present tax code has been shaped by many different interest groups over the de- cades, and they have not gone away. Thus, for any tax reform to succeed, there must be more winners than losers – i.e., a real tax cut for the majority – because the losers always work harder (the squeaky wheel) to preserve their bene- fits than those who are likely to gain. The current congres- sional rules require revenue neutrality for tax changes, which is a non-starter for re- form, as long as revenue neu- trality is defined on a “static basis,” which it now is. Have you ever noticed that many of the big-government types who tell us that tax rates and regu- lations have little effect on in- centives or economic growth are the first to argue for higher taxes on cigarettes as a way of discouraging smoking? This observed change in be- havior is a “dynamic” effect of a tax change. As an example of the dis- connected brain, many big- government types who imposed high taxes and reg- ulations on their own econo- mies, tend to support Special Economic Zones (SEZs). SEZs are created to give companies special trade or tax and regu- latory breaks for investing in a SEZ, because policymakers believe lower taxes and fewer regulations will create more and higher-paying jobs, which is why some 3,000-plus have been created all over the world. New York State has been running TV ads, claiming that it is a good place to do busi- ness because it offers special tax breaks for new businesses moving into the state. On one hand, these same people who gave New York some of the highest taxes in the country, in part, on the argument that it would not hurt job creation and growth, are also telling us that special tax breaks will create jobs and growth – talk about brain disconnect. The political leaders in Texas, Florida and a number of other states have better- connected brains because they figured out that not having a state income tax would attract more busi- nesses as well as more and better jobs, and their states would grow faster than the high-tax states. Texas, Florida, Tennessee and the other no-income-tax states have been able to provide all of the government ser- vices that people want, often at higher quality. The empir- ical evidence for this asser- tion is that people have been moving from high-tax states like New Jersey to the low- tax states for decades. Before Congress starts on tax reform, it must ditch the rule calling for static rev- enue neutrality and move to full dynamic scoring (which should account for all of the taxpayer behavioral changes from the tax rate change). Second, there is considerable empirical evidence that gov- ernment spending is well above the growth and wel- fare/maximizing rate, and thus must be cut to reach long-term job creation and income potential. Congress, as it begins tax reform, should start with the proposition that the cor- porate tax rate should be no higher than 15 percent in order to be internationally competitive and foster more investment in the United States, and likewise the cap- ital gains tax rate also should be no higher than 15 per- cent. The individual tax rate should be no higher than 28 percent, as it was under the second Reagan administra- tion; anything higher will be a detriment to long-run growth and welfare. The law- makers then should attempt to score (i.e., determine how much tax revenue is likely to be realized under such a rate system), using full long- run dynamic analysis, which will give them a target as to how much they can spend. In the short run, deficits will be higher, but lower in the long run, if the spending caps are not exceeded. For too long, the tax code has been hostage to the spenders. It is time to reverse this, particularly given all of the useless, wasteful and even destructive government spending. Real tax reform re- quires that spending be ad- justed to the expected tax revenue from a non-highly destructive tax system. No more policy brain disconnect. Richard W. Rahn, a senior fellow at the Cato Institute and chairman of the Institute for Global Economic Growth, is on the Editorial Board of Cayman Financial Review. © 2016, The Washington Times RICHARD W. RAHN RICHARD W. RAHN5 LOCAL NEWS CAYMAN COMPASS • FRIDAY MARCH 31, 2017 Experience the opportunity of a lifetime! Currently seeking diverse and highly motivated High School graduates and University students for an eight-week internship, for positions covering various hotel operations for maximized learning and growing. Applicants must possess strong communication skills to engage with the resort’s guests and must be open to a flexible work schedule. Summer Internships at The Ritz-Carlton, Grand Cayman Please apply online at: ritzcarltonjobs.ky by April 30, 2017 Internship application is open to Caymanians only. KAYLA YOUNG kyoung@pinnaclemedialtd.com After returning to Grand Cayman from a trip abroad, Nathan Smith realized he had misplaced an important set of keys. Attached were not only his car keys but his wedding band of 13 years. Mr. Smith said he had placed the ring on the key chain for safekeeping while doing sports. He then caught a ride to the airport and set off for the U.S. “I thought I had lost the keys on the trip. I tracked every- thing from the airport forward and didn’t think I had lost them on the island. They must have fallen out of my pocket,” he said. Nearly three weeks after losing them, Mr. Smith had given up hope of re- locating them. However, one evening as he was driving through South Church Street, he noticed a sign outside the Pure Art store: “Hyundai keys found inside.” The sign jogged Mr. Smith’s memory. He had stopped by Pure Art to buy a gift before his trip. Owner Debbie van der Bol said her son Pete created the sign and posted it outside the business for two weeks. The company tried the sign as a last resort, after phone calls and outreach failed to find the owner. “We were just thinking about taking it down but we left it up. He drove by it and read it and thought ‘that’s nice,’ and then realized it was him,” Ms. van der Bol said. When Mr. Smith finally went inside the shop, there were his keys and wedding band. Mr. Smith said it was his first time losing his wedding ring. “It definitely wasn’t my finest moment,” he said. He called the effort by Pure Art an example of Cayman kindness. A lost keys sign outside of Pure Art was on display for more than two weeks. - PHOTO: NATHAN SMITH Haines to climb volcanoes to benefit CCMI KAYLA YOUNG kyoung@pinnaclemedialtd.com Veteran marathon com- petitor Derek Haines will be running three races and climbing two volcanoes this year to benefit the Central Caribbean Marine Institute. The 68-year-old has the backing of the Rotary Club of Grand Cayman in his ef- forts to raise $50,000 for the marine institute. Money will go toward a CCMI pilot project, Reefs Go Live, which provides real-time footage of coral reef activity to teach children about the ocean. The CCMI virtual classroom uses high-tech face masks and streaming equipment to broadcast live lessons from locations in Grand Cayman and Cayman Brac. Mr. Haines’s first mara- thon will be April 30 at Lake Atitlan, Guatemala, consid- ered one of the most chal- lenging marathons in the world. In June, he will travel south of Antigua, Guatemala, to climb the volcanoes Agua, reaching 12,336 feet, and Acat- enango, reaching 13,044 feet. He will then run mara- thons in San Francisco on July 23 and in Cayman on Dec. 3. While in Antigua, Mr. Haines said he will also check in on the Rotary-sup- ported Guatemala Literacy Project, a textbook program that serves 193 schools. “I wanted to continue with my fundraising, and CCMI seemed like a good fit for me,” Mr. Haines said. “It’s for education and some- body we had supported be- fore, and of course, it’s a local organization supporting local students.” Rotarian Chris Bailey will also contribute to the fundraiser by competing in a full Iron Man race in Panama in October. All money raised will go directly to charity, Mr. Haines said. Travel costs are self- funded and donations are not used for administrative costs.Athlete Derek Haines crosses the finish line at the 2014 Cayman Marathon. ACT OF ‘CAYMAN KINDNESS’ RETURNS LOST WEDDING BAND6 LOCAL NEWS FRIDAY MARCH 31, 2017 • CAYMAN COMPASS Scuba divers count shark population in Cayman waters JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com More than 100 sharks were counted by scuba divers in Cayman’s waters in Jan- uary as part of a “citizen sci- ence” project to help keep track of numbers of the pred- ators around the islands. The shark logger pro- gram released its first year of data last month. The statistics show that Caribbean reef sharks and nurse sharks are by far the most commonly sighted spe- cies in the islands’ waters. Tiger sharks, hammerheads and blacktip sharks have also been sighted around the is- land in the past year, but are comparatively very rare. Johanna Kohler of the De- partment of Environment said the shark logger project deployed recreational divers and scuba instructors to col- lect data from their dives. Each time they dive, par- ticipants record whether they see a shark. If they do see a shark, they record time, lo- cation, size and species and submit the data to the Department of Environment. December 2016 and Jan- uary 2017 were the biggest months for numbers, with more than 120 sharks spotted by divers in each of those two months. November, 2016 was the lowest, with just 14 sharks spotted. Ms. Kohler cautions against reading too much into the monthly figures, however, since numbers vary depending on the weather and the number of divers involved. The number of divers has varied but is ex- pected to increase as the pro- gram develops. For a more useful guide to shark prevalence around the island, the department has organized the data by di- viding the number of sharks spotted each month by the total number of dives carried out by the researchers. On that scale, April 2016 was the busiest month, with divers encountering sharks on 62 percent of dives. Ms. Kohler acknowl- edged there is no system- atic way to ensure the same sharks are not counted twice, but she said the data is useful in creating a pic- ture of how often sharks are seen in different locations around the island. She said it dovetails with other research through the Cayman Shark Project, a part- nership with Marine Conser- vation International, which uses multiple methods in- cluding tags to track shark movements to create an over- view of the health of local shark populations. The data is already helping to confirm the- ories about the season- ality of certain types of sharks in Cayman. “The tiger sharks were seen only in December and January, whereas hammer- heads were seen at different times throughout the year. It will be interesting to see if that trend is maintained as the project develops,” said Ms. Kohler. Sharks are under threat globally and were recently declared a protected species in Cayman under the Na- tional Conservation Law. Ms. Kohler said the project will help raise awareness and educate people about the im- portance of sharks to Cay- man’s coral reef ecosystems. Mauvis Gore of the Cayman Islands Shark Project said data from the studies will help with its research. Researchers on that project use a variety of methods, in- cluding monitoring reefs with baited cameras, to estimate shark populations at more than 30 test sites around all three Cayman islands. She said, “The shark logger program ties in with other methods that we use to es- timate the number and type of sharks around Cayman and any seasonality and loca- tion that is important, tying this in with the Marine Pro- tected Areas.” The Department of Environment is looking for more divers to get involved in the program. For information, contact sharkloggers@gmail.com. The statistics show that Caribbean reef sharks and nurse sharks are by far the most commonly sighted species in the islands’ waters. Divers are logging sightings of sharks in waters around the Cayman Islands.7 LOCAL NEWS CAYMAN COMPASS • FRIDAY MARCH 31, 2017 Judge raises concern over UNHCR letter to governor CAROL WINKER cwinker@pinnaclemedialtd.com A Mexican woman who claimed she was tortured by a drug cartel boss lost her quest for political asylum in Cayman this week. Justice Paul Worsley dis- missed her and her family’s application for judicial re- view of a 2013 decision by the Immigration Appeals Tribunal, but raised con- cerns about a letter sent to the Cayman Islands gov- ernor from the Office of the United Nations High Commissioner for Refu- gees relating to the fami- ly’s situation. The appeals tribunal had upheld a decision by the Chief Immigration Officer, who had turned down the family’s application in 2012. The applicants for asylum were a woman, her mother and her juvenile sib- ling. They came to Cayman via Cuba in July 2011. Justice Worsley con- cluded that any mistake by the chief immigration officer at the time, Linda Evans, had been corrected by the chairman of the tribunal re- viewing her decision. The judge said he ac- cepted the woman’s account of being in a relationship “not of her making” with a drug lord who tortured her. One of the grounds of ap- peal submitted by attorney Dennis Brady was that the chief immigration officer’s interview with the asylum seekers had been conducted in English rather than their native language. The judge noted that the woman had studied English to a high degree and the drug lord has wanted to use her lan- guage skills to assist him in the sale of drugs. The asylum seekers’ principal complaint was that the drug dealer was related to a police officer in Mexico and it was sug- gested that they therefore did not receive the pro- tection of the state. On that basis, they said, they should have been afforded refugee status. However, the judge con- cluded, he was not satisfied on the material put before him that those who acted in an appalling manner to- ward the woman and her family were agents of the state in the sense that the state had refused or failed to provide protection. He therefore declined to order a rehearing of the matter and he declined the request for the woman’s passport to be endorsed with a re-entry giving the right to work again. Justice Worsley said a matter that caused him some concern was a letter brought to his attention by Mr. Brady – a letter that came into existence after the appellants had filed for judicial review in 2013. It was signed by the deputy regional representative for the UNHCR and addressed to the governor of the Cayman Islands. The letter said that the UNHCR recognized the three Mexican nationals as refugees in need of protec- tion. It requested the sus- pension of any return of these refugees on the basis of a belief that they faced serious risk of persecution. Justice Worsley said he had inquired what steps had been taken to ob- tain opinions as to reasons that could be advanced to support their claims. Nothing had been done. Having made his ruling on the basis of material be- fore him, he addressed Mr. Brady informally. He said he hoped the letter was something that might still be pursued. Mr. Brady indicated it was. ® /™ Trademark(s) of Royal Bank of Canada. Used under licence. Making it better for Celebrating the 20,000 RBC Caribbean employee volunteered hours toward clean water & environmental initiatives over the past10 years. Together, we can protect our natural resources for future generations. Request for political asylum turned down despite UN support The UNHCR letter requested the suspension of any return of these refugees on the basis of a belief that they faced serious risk of persecution. A handcuffed man who escaped from a police car in West Bay has turned himself in to authorities. Travis Alexander Ebanks, 22, escaped police on March 21 near the West Bay Police Station. He turned himself in at the police detention center at Fairbanks on Tuesday, eight days after his escape, according to the Royal Cayman Islands Police Ser- vice. He did not return the police handcuffs. The whereabouts of the hand- cuffs are currently under investigation. Mr. Ebanks appeared in court Thursday to face charges related to a March 20 burglary of Tortuga Bakery & Shop in West Bay and stealing a motor vehicle. He has also been charged with escaping lawful custody and theft of government equipment. The police service com- mended Mr. Ebanks’s family for their coopera- tion in the case. He turned himself in at the police detention center at Fairbanks Tuesday. Escapee surrenders after 8 days on the runThe islands’ most-trusted news source 8 for bulk sales of a six-pack of beer or more to be al- lowed on Sundays under a “retail license,” which is what was sought by and granted to Peanuts. The other gas stations applied for “package li- censes,” which allows al- cohol to be sold during the week but not on Sundays. Attorney Cline Glidden, who represented several gas sta- tions at Friday’s meeting, in- dicated he would be seeking retail licenses for other gas stations at the next board meeting. Mr. Panton said he was disappointed that the board turned down his re- quest for Sunday opening at his stores on Airport Road, George Town and Savannah, which have package licenses. Mr. Panton said he could not see why a different type of license was required to sell on Sundays, but would consider his options in light of the board’s decision. Speaking at the meeting last Friday, Mr. Glidden, rep- resenting Peanuts at Red Bay Esso, said the store had received numerous requests from customers for Sunday service and wanted to offer liquor to locals and tourists seven days a week. The board granted a re- quest for a retail liquor li- cense and declined a sep- arate request from the same store for a beer and wine license, which would have allowed it to sell in smaller quantities. Robert Hamaty of Tor- tuga Rum Company, who spoke at last Friday’s meeting to protest the granting of licenses to gas stations, told the Compass the law is “a joke.” He said, “My views on the matter is that this is total madness. They are changing the whole landscape of how liquor licenses operate in the country.” He believes the granting of licenses to sell liquor on Sundays through a retail li- cense is a loophole that ex- ploits a mistake in the law. Mr. Hamaty said he be- lieves there had been a leg- islative drafting mistake and the actual intent of the law in respect of “retail licenses” was to limit carry-out sales from bars and restaurants to small quantities, not to allow buying in bulk. He said the “mistake” was already being used by some businesses to sell booze on Sundays and now appeared to be interpreted by the board to allow sales on Sundays from anyone with a retail license. Mr. Hamaty also raised general concerns at the meeting about liquor li- censes being granted to gas stations. He said that a Cabinet order, first made in 2002, forbade the sale of intoxicating liquor at gas stations and had not been revoked. He called on the attorney general to clarify the legality of granting li- quor licenses to gas sta- tions and urged the board not to grant the licenses. The businessman also took issue with comments from acting board chair Mr. DaCosta in a television in- terview that he was trying to protect his empire. “The only empire I know on this island is the gas sta- tions and Mr. Dart,” he said. “Show me proof that the Cabinet order was replaced and the prohibition has been lifted,” he said. Mr. DaCosta, speaking at the meeting, said the board had taken legal advice on the matter. “We have a revised law and several different memos from government stating that aspect of it,” he said. FRIDAY MARCH 31, 2017 • CAYMAN COMPASS He Only Takes e Best A heart of gold stopped beating. Two shining eyes at rest. God broke our hearts to prove to us He only takes the best. Little did we know that morning. The sorrow the day would bring. The end was sudden, the shock severe. We never knew that death was so near. When days are sad and lonely, And evening shadows fall. We hear your voice and see your face. Your sweet memory lingers on. God knew you had to leave us. But you didn’t go alone. For part of us went with you. The day God called you home. Mike Ellsworth Ebanks (Mikey) March 23, 1973 - March 31, 2006 “ Eleven Long and Sad Years Ago.” In Loving Memory of my Son Mikey From your Mother Annie, Father Errol Brothers, Sisiters, Aunts, Uncles And The Rest of the Family Celebrating the life of Helen The family of Helen Pooley Thomas will be holding a celebration of Helen’s life at Pedro St. James on April 8, 2017 from 5:30 pm onward Please dress in bright colours. If friends have any photos of Helen for the family’s condolence book, they will be gratefully accepted Overfl ow parking will be available courtesy of Cayman Islands Baptist Church. Marc, Kerensa, Jason & Charlie Thomas, Ken & Ann Pooley and Nicky Rousseau In lieu of fl owers, donations can be made in Helen’s name to the Cayman Islands Cancer Society. (BOB A/C 01201034541 or through Fidelity) Condolences can be registered at boddenfuneralservices.com Jillian Stone (née Cox) Jilly passed away gracefully at home on the 28th of March 2017. She was predeceased by her beloved husband, Johnny, and her younger brother, Mike. She will be dearly missed by her children, Charles, Googie, Ian and Frosty, her grandchildren, Isobel, Lily, Max, Madeleine, Charlotte, Alex, Stewie, and Graham, and her many friends. Jilly was kind and fun-loving, with a generous spirit, a great sense of humour and a deep love of her family. A funeral service announcement will be in Monday's Cayman Compass. In lieu of flowers, the family asks that donations be made to Cayman Hospicecare. the Cabinet Secretary to re- lease a copy of the report last year, using powers granted to him under the Freedom of Information Law. Premier McLaughlin responded by is- suing a “ministerial certificate of exemption” – preventing the Cabinet office from releasing the report to Mr. Liebaers. Premier McLaughlin’s use of the exemption certifi- cate under Section 25 of the Freedom of Information Law was the first time that section has been used by any govern- ment minister since the FOI Law took effect on Jan. 5, 2009. Mr. McLaughlin argued that the consultant’s report amounted to legally privi- leged advice, and that the ad- vice should be protected just as any other confidential ad- vice given by an attorney to a private citizen client. The in- formation commissioner’s of- fice took the matter to court, seeking a ruling by the chief justice. Chief Justice Smellie decided on Jan. 26 in favor of the premier’s position. “The starting point of the analysis must be, in my view, the recognition of the impor- tance of the entitlement to legal professional privilege …,” the chief justice said in his decision. “The premier, as minister and public au- thority within the FOI Law, must … be recognized as a person entitled to the pro- tection of legal professional privilege. The importance of legal professional privilege to the conduct of the affairs of the ministry of the premier for the advancement of the public interest is self-evident and may not be understated.” Given all the facts before the court, the chief justice ruled, it would not be “ap- propriate” to enforce the in- formation commissioner’s order for government to pro- duce the report. Chief Jus- tice Smellie said there was no indication that govern- ment officials were in con- tempt of the information commissioner’s order or that Premier McLaughlin had acted in “bad faith” by re- fusing to disclose the Ritch & Conolly report. Mr. Liebaers said Thursday that he hopes to get clarity on the matter from the Cayman Islands Court of Appeal on several issues raised in the chief justice’s judgment. Those include directions on the powers the information com- missioner’s office has to order government entities to release documents and the powers of government ministers to pre- vent that release. “In my view, I have every right to see that document [the Ritch Report],” Mr. Li- ebaers said. “We’ve had plenty of cases in the past … formal hearings [before the information commissioner], where government was re- lying on legal professional privilege exemptions in the Freedom of Information Law to keep records from being disclosed when it was clearly found that claim was wrong.” One such case, Hearing No. 25 before the informa- tion commissioner, involved the Cayman Islands Port Au- thority giving numerous doc- uments to its attorneys and claiming they could not be released because their law- yers had possession of them. Mr. Liebaers said since the chief justice’s ruling was made public, a number of government entities have been attempting to deny the information commission- er’s office access to records, even without a ministerial certificate of exemption sim- ilar to the one issued by Pre- mier McLaughlin. PR applications While the legal debate over the fate of the FOI Law in Cayman trundles on, hundreds of permanent residence ap- plicants are awaiting deci- sions. Some applicants have been waiting since October- November 2013, according to government records. The Immigration De- partment has announced the method in which it will begin hearing those applica- tions, but it has not set a date for when those proceedings will commence. Two cases before the Grand Court are seeking to challenge processing delays of two-and-a-half to three years on behalf of applicants who have filed for permanent residence. Those matters, in- volving an accountant and a financial services manager, are due to come back before the court in May. Justice’s ruling on ‘Ritch Report’ appealed CONTINUED FROM PAGE 1 Gas stations granted liquor licenses CONTINUED FROM PAGE 1The islands’ most-trusted news source 9 Some of the candidates Dr. Tomlinson’s group will support include Kenneth Bryan in George Town Cen- tral, Ellio Solomon in George Town West, Kenrick Webster in George Town East, Cath- erine Tyson in George Town South, Raul Gonzalez, Jr. in Newlands, Laura Young in West Bay South and Rudolph Dixon in Cayman Brac East. Dr. Tomlinson said he viewed his role in the elec- tion as “trying to change the culture of Cayman politics.” “We’re seeing a new wave of populism everywhere on the globe,” he said. “[Voters] are fed up with the stupidi- ties. We need to try to get pol- iticians working together … we can’t afford to be fighting with one another.” Premier Alden McLaughlin, who is leading the Progres- sives’ 15 candidates into the May 24 election, has argued that a coalition government attempt following the 2000 general election “lasted one year” because of the failure of the various personalities in- volved to come to a consensus. The implosion of that 2000- 2001 government is what led to the formation of Cayman’s two current political parties. Dr. Tomlinson argued that governments between 1965 and 2000 in Cayman were all formed in coalitions or “teams” of like-minded individuals. He rejected Mr. McLaughlin’s earlier statements that inde- pendents would not be or- ganized enough to govern after May 24. “You can tell the [Progres- sives] this: Don’t believe for one minute that the indepen- dents I’m supporting don’t have a cohesive plan,” he said. Dr. Tomlinson said he would consider victories by at least seven candidates he is supporting in the election to be “a win” for the country, even if they wouldn’t have enough members to form a government. McLean and friends Another group of inde- pendent candidates, possibly around 11, was formally an- nounced Wednesday night at a public meeting in East End to launch MLA Arden McLean’s candidacy for re-election. Mr. McLean has apparently been formally chosen as the leader of the group. The group consists of cur- rent MLAs Alva Suckoo, An- thony Eden, Ezzard Miller and Mr. McLean, as well as Bodden Town West hopeful Gilbert McLean. Mr. Suckoo said Thursday that it was announced in East End that the indepen- dents group would be sup- porting other candidates, in- cluding Karin Thompson in George Town North, Sharon Roulstone in George Town East and Paul Hurlston in George Town South. No other members were made public during the event. “There are a number of others who have joined us … like Ms. Roulstone … and Ms. Karin Thompson,” Mr. McLean said Wednesday night. “We’ve talked to Mr. [Mervin] Smith and Mr. [Dwayne] Seymour [independent candidates for West Bay North and Bodden Town East]; there are prob- ably about 11 of us.” Cayman Democratic Party leader McKeeva Bush has said his political group would also work with some of the independent candidates, like Mr. Suckoo and Mr. Bryan, should they win election. A majority of 10 seats is required to win the assembly for any party, coalition or po- litical group. CAYMAN COMPASS • FRIDAY MARCH 31, 2017 We have been asked to announce the passing of Mr. Elvis Orlon Watler of West Bay, who passed away on Friday, March 17, 2017. A Thanksgiving Service will be held on Saturday, April 1, 2017 at 2:00p.m. at Churchill’s Funeral Home, 328 Eastern Avenue, George Town. Viewing will be from 1:30-2:00p.m. Interment to follow at Prospect Cemetery. We have been asked to announce the passing of A Thanksgiving Service will be held on Interment to follow at Prospect Cemetery. Condolences can be registered at: www.churchillsfuneralhome.com We have been asked to announce the passing of Mrs. Merlina Shady affectionately known as “Merl”of George Town, Grand Cayman and St. Catherine, Jamaica, who passed away on Tuesday, March 21, 2017. A Memorial Service will be held on Saturday April 1, 2017 at 5:00p.m at Church of God Full Gospel Hall, George Town. Viewing will be from 4:30-5:00p.m. Mrs. Shady will be repatriated to Commador, St. Catherine, Jamaica. We have been asked to announce the passing of Mrs. Merlina Shady affectionately known as “Merl”of George Town, Grand Cayman and St. Catherine, Jamaica, who passed away on Tuesday, March 21, 2017. A Memorial Service will be held on Saturday April 1, 2017 at 5:00p.m at Church of God Full Gospel Hall, George Town. Viewing will be from 4:30-5:00p.m. Mrs. Shady will be repatriated to Commador, St. Catherine, Jamaica. Condolences can be registered at: www.churchillsfuneralhome.com We have been asked to announce the passing of Mr. George McLaren Smith affectionately known as “Larry” of West Bay, who passed away on Saturday, March 18, 2017. A Graveside Service will be held on Sunday, April 2, 2017 at 10:00a.m. at West Bay Cemetery. We have been asked to announce the passing of Condolences can be registered at: www.churchillsfuneralhome.com A viewing will be held on Friday, March 31 from 6:00-7:00p.m. at Churchill’s Funeral Home, 328 Eastern Avenue, George Town. We have been asked to announce the passing of Ms. Hazel Vienna Scott of Gun Bay, East End, who passed away on Thursday, March 23, 2017. A Thanksgiving Service will be held on Sunday, April 2, 2017 at East End Seventh-day Adventist Church at 3:00p.m. Viewing will be from 2:00-2:45p.m. Interment follows at Gun Bay Cemetery. We have been asked to announce the passing of Ms. Hazel Vienna Scott of Gun Bay, East End, who passed away on Thursday, March 23, 2017. A Thanksgiving Service will be held on Sunday, April 2, 2017 at East End Seventh-day Adventist Church at 3:00p.m. Viewing will be from 2:00-2:45p.m. Interment follows at Gun Bay Cemetery. We have been asked to announce the passing of We have been asked to announce the passing of Ms. Hazel Vienna Scott of Gun Bay, East End, who passed away on Thursday, March 23, 2017. A Thanksgiving Service will be held on Sunday, April 2, 2017 at East End Seventh-day Adventist Church at 3:00p.m. Viewing will be from 2:00-2:45p.m. Interment follows at Gun Bay Cemetery. We have been asked to announce the passing of Condolences can be registered at: www.churchillsfuneralhome.com Condolences can be registered at: www.churchillsfuneralhome.com We have been asked to announce the passing of Mr. Gerald Elmond McLean affectionately known as “Jerry” of Lower Valley, Grand Cayman, who passed away on Sunday, March 26, 2017. Details for a Thanksgiving Service will be announced at a later date The Family Of The Late Condolences can be registered at boddenfuneralservices.com & Bodden Funeral Service Facebook page. Norman Ellis regret to announce his passing on Wednesday, 8 March, 2017. Funeral services will be held at 3:00 P.M. Sunday, 2 April, 2017 at the Seventh Day Church of God, Red Bay located in Dilbert Plaza. Viewing will be from 12:00-2:30 PM at Bodden Funeral Service, 117 Walkers Rd. Shuttle service will be provided from the funeral home to the church until 2:30 PM The Family Of The Late Condolences can be registered at boddenfuneralservices.com & Bodden Funeral Service Facebook page. Amealo “Leroy” Walton regret to announce his passing on Wednesday, 15 March, 2017. Funeral services will be held at 2:00 P.M. Saturday, 1 April,2017 at the Veterans & Seaman’s Centre, Cayman Brac. Viewing will be from 1:00 P.M. Interment will follow in Spot Bay Cemetery. We have been asked to announce the passing of Ms. Gauzell Keturah Jackson affectionately known as “Gerzell” or “Gullie” of Cayman Brac and George Town, who passed away on Tuesday, March 28, 2017. Details of a Thanksgiving Service will be announced a later date. Condolences can be registered at: www.churchillsfuneralhome.com Loving Memories of our very Special husband and dad On your Birthday Our heart still aches in sadness, My silent tears still fl ow, For what it meant to lose you No one will ever know. Although you can't be here with us, We're truly not apart Until the fi nal breath we take You'll be living in our hearts. Dearest husband and dad to hear your voice and see you smile and just to sit and talk to you would be my dearest wish today on this your birthday We are thinking of you today and always We will love you forever Your lovely wife Catherine children Jennifer, Dewey, Duane and Dennis and the rest of the family Lowell Ebanks March 31, 1938 – September 28, 2006 Dearest husband and dad to hear your voiceDearest husband and dad to hear your voice and see you smile and just to sit and talk to youand see you smile and just to sit and talk to you would be my dearest wish today on this your birthdaywould be my dearest wish today on this your birthday and see you smile and just to sit and talk to youand see you smile and just to sit and talk to you would be my dearest wish today on this your birthdaywould be my dearest wish today on this your birthday March 31, 1938 – September 28, 2006March 31, 1938 – September 28, 2006 Loving Memories Loving Memories March 31, 1938 – September 28, 2006March 31, 1938 – September 28, 2006 On your BirthdayOn your Birthday children Jennifer, Dewey, Duane and children Jennifer, Dewey, Duane and children Jennifer, Dewey, Duane and children Jennifer, Dewey, Duane and Dennis and the rest of the familyDennis and the rest of the family Your lovely wife Catherine “Don’t believe for one minute that the independents I’m supporting don’t have a cohesive plan.” DR. STEVE TOMLINSON More independents, more women in 2017 general election Independent George Town Central candidate Kenneth Bryan looks on as his mother Donna, standing, witnesses his nomination and his cousin, Dawn Bryan-Kats, attends the nomination. Mr. Bryan is one of several candidates being supported by Dr. Steve Tomlinson. – PHOTO: BRENT FULLER East End’s incumbent independent representative Arden McLean registers his nomination Wednesday, accompanied by his nominators Shakirra Connor and Marvelle McLaughlin. Mr. McLean is leading a group of independent candidates in the May elections. - PHOTO: KAYLA YOUNG CONTINUED FROM PAGE 1Next >