SECTION | PAGE ## TITLE FOR THE SPORT/ BUSINESS SKYBOX EASTER SPECIAL FEATURE EDITORIAL | PAGE 4 THE HAPPIEST MAN EVER TO LEAVE THE CAYMAN ISLANDS High of 86 Low of 74 Slight to moderate with wave heights of 2 to 4 feet. 1 SPECIALFEATURE CAYMAN COMPASS • FRIDAY APRIL 7, 2017 ESTABLISHED 1965 www.caymancompass.com – 75 CENTS – FRIDAY APRIL 7, 2017 Asylum seekers pose legal questions KAYLA YOUNG kyoung@pinnaclemedialtd.com An influx of asylum applica- tions is putting pressure on the Cayman Islands Department of Immigration to address gaps in staff training and shorten mi- grant detention times, which can currently drag out for a year or longer. Prison service officials confirmed that most of the 49 Cuban migrants detained in George Town have re- quested asylum, providing them legal protections estab- lished under the U.N. 1951 Refugee Convention. Immigration staff training will aim to resolve questions about the convention, officially recognized in Cayman’s asylum INFORMATION CHIEF ‘SURPRISED’ AT GOVERNOR’S DECISION Liebaers considers legal options on “Ritch Report” BRENT FULLER bfuller@pinnaclemedialtd.com Acting Information Commissioner Jan Li- ebaers said this week that he was not consulted about Governor Helen Kilpatrick’s March 31 deci- sion to quash the release of a $312,000 taxpayer- funded consultant’s report. Mr. Liebaers said on March 30 that he would seek to appeal a Grand Court ruling that pre- vented him from seeing the consultant’s report, but the governor’s decision has now thrown that appeal into doubt. “I was surprised,” Mr. Liebaers said. “I believed, and I still believe, we have legitimate reasons to seek this appeal [to the courts] and maybe if the governor had heard those reasons, she would have decided differently.” Governor Kilpatrick’s office was contacted Wednesday for a response to Mr. Liebaers’s state- ments, but nothing was received by press time. In a statement released earlier in the week, the gov- ernor noted she had read the consultant’s report, known as the “Ritch Report,” and “is content that it does constitute legal advice.” Governor Kilpatrick informed Mr. Liebaers’s office that it “would not be in the public interest” for the information commissioner to see a copy of the immigration consultant’s report written by the Ritch & Conolly law firm at the request of Premier Family on trip down memory lane SPENCER FORDIN sfordin@pinnaclemedialtd.com Marguerite Bernard, the daughter of former Cayman commissioner Ivor Otterbein Smith, had waited 65 years to see the Cayman Is- lands again before arriving in Grand Cayman last week and refreshing her precious memories of growing up in George Town. Ms. Bernard left Cayman in 1952. Now 80 years old, she returned to celebrate her birthday, meet with old friends and share her memories with her family.“I always have talked about Cayman,” she said Wednesday during an interview with the Cayman Compass. “I’ve never forgotten my time in Cayman or my friends. … I just couldn’t believe I was in Cayman again.” “When the plane touched down, she started to cry. She just burst into tears,” added Judy Bernard, Margue- rite’s daughter and Commissioner Smith’s granddaughter, who is on her first trip to Cayman. “She was finally back here. It was just beautiful. “We’ll be driving along and she’ll say, ‘Oh, I remember swimming in that bay.’ Or, ‘Oh, I remember pic- nicking here,’” she added. Marguerite Bernard said that sev- eral buildings – including the post of- fice, town hall and library – all look just as she remembered them, and she described an idyllic childhood nur- tured by the island’s natural beauty. She recalled roller skating around the post office and playing piano in concerts at Town Hall, and she said she went to school in a small thatched-roof building nestled right Former Commissioner Ivor Smith’s family, from left, his daughter Marguerite, great-grandson Josa Chadha and granddaughter Judy Bernard. - PHOTO: TANEOS RAMSAY Bodden Towner celebrates 100th birthday Friends and family helped Ariel Christian celebrate her 100th birthday on Wednesday at The Pines Retirement Home. Ms. Christian’s mother, Nettie Levy, lived to the age of 105. For more, see page 2. - PHOTO: JEWEL LEVY PLEASE TURN TO PAGE 8 » PLEASE TURN TO PAGE 8 » PLEASE TURN TO PAGE 9 »2 LOCAL NEWS FRIDAY APRIL 7, 2017 • CAYMAN COMPASS Dine in!Take Out! Purchase any Niman Ranch menu item from Cimboco or any Feast from Chicken! Chicken! Family Feast & Easter Weekend Feast on the Beach Niman Ranch menu items or Easter Ham FROM CIMBOCO & CHICKEN! CHICKEN! 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All in the family: BT woman turns 100 Ariel Christian celebrates her birthday; her mother lived to 105 JEWEL LEVY jlevy@pinnaclemedialtd.com Ariel Christian, the daughter of Nettie Levy who lived to the age of 105, cel- ebrated her 100th birthday among family and friends on Wednesday. A resident of The Pines Retirement Home for the past seven years, Ms. Chris- tian, fondly known by family members as “Ma- Ariel” and by close friends as “Bonga,” was all smiles as she received a birthday cake, flowers and cards. Throughout the day, many people came to visit, including Bodden Town MLA Alva Suckoo, Minister Osbourne Bodden and Bodden Town candidate Dwayne Seymour. Former Speaker of the House Mary Lawrence read greetings from family and members of the community. “Mary Lawrence, you be in everything … you’ll receive plenty blessings from God,” Ms. Christian told her. Friends and family were at her bedside to sing happy birthday as she received her birthday cake. “Give me a big piece of that birthday cake … it taste sooooo sweet … who made the cake? … Well, it’s made good and it tastes good too,” said Ms. Chris- tian, smacking her lips after she was given a taste of the pink and white cake frosting by a Pines nurse. “I feel very good but I don’t think I will live as long as Mama,” she said. “I just want to go to heaven when I die.” She asked for her brother Cedric Levy, who turns 92 in July. “I suppose he can’t drive anymore,” she said. Ms. Christian continued to identify family members. “Who are you, … Gerrilyn … Mary Christian … her daughter, oh! You mean Dell’s wife,” she said. “Who’s that? Twyla … I can hear that voice anywhere, How you all got here? … unna all look good,” she added. Corine Rankine and her daughter Vernell Byrd told their mother she looked good. “Mama can still re- member everything,” Ms. Rankine said. “Just the other day, she was asking about her nephew Olson and if he was still fishing and how the weather was for him. Osbourne Bodden told how he had grown up around Ms. Ariel and her family. “I call her Bonga, and I guess I got this from others in the neighborhood and family as a youngster. She comes from a family of long livers – her mom, Ms. Nettie, went over 100 as well,” he said. Mr. Bodden said it is “wonderful to have her with us so long,” and for her to still be of sound mind and know him still means a lot. “She was so happy when my wife Nancy and I, along with Ms. Heather Bodden and Maxine Bodden, visited and joked with her and took her a lovely bouquet. The visit left me feeling so happy for her and her family. She is being cared for extremely well by The Pines staff, and I thank them profusely for the job they do daily,” Mr. Bodden said. According to Mr. Bodden, the district now has three centenarians. Ms. Christian grew up on Nettie Levy Close along with her seven sib- lings and parents. She married the late Vibert Christian and they had three children, Vernell, Co- rine and Desmond. Ms. Christian worked at the Bodden Town Clinic for a number of years before she retired, and was known as the best seamstress in Bodden Town, her daughter Corine Rankine said. People from all over the island would come to get their clothes made by her, said Ms. Rankine. In her spare time, Ms. Christian would ride her bi- cycle and enjoyed many a party in her day. She also was one of the favorite cooks in the family and around the town. During Christmas time, she would prepare Cayman-style beef with Scotch bonnet pep- pers paired with sweet pota- toes dug from the yard and breadfruit picked from her brother’s yard. Celebrating 100, Ariel Christian is all smiles as Mary Lawrence reads her birthday cards. – PHOTO: JEWEL LEVY Ms. Christian worked at the Bodden Town Clinic for a number of years before she retired, and was known as the best seamstress in Bodden Town, her daughter Corine Rankine said.The islands’ most-trusted news source 3 CAYMAN COMPASS • FRIDAY APRIL 7, 2017 COME TO THE PROGRESSIVES CONFERENCE Saturday 8 April Family Life Centre 3:30 pm - Members’ Forum 6:30 pm - Open Forum Keynote Speaker: Don Seymour Address by Hon. Alden McLaughlin Dinner to follow Register by emailing info@ppm.ky or by calling 945-8292 THE PROGRESSIVES SUPPORT #CAYMANSTRONG WWW .PROGRESSIVES.KYThe islands’ most-trusted news source 4 – EDITORIAL – Opinion&Letters The Cayman Compass welcomes comments, opinions and viewpoints from readers. Letters to the editor can be emailed to editor@pinnaclemedialtd.com, submitted via www.caymancompass.com, sent by post or hand-delivered to the Compass office. PRINTED AND PUBLISHED BY: Caymanian Compass Limited (a subsidiary of Pinnacle Media Ltd) Compass Centre Shedden Road, George Town SEND US YOUR VIEWS OR NEWS: P.O. Box 1365 Grand Cayman KY1-1108, Cayman Islands Telephone: (345) 815-0095 Email: newsdesk@pinnaclemedialtd.com ADVERTISE WITH US: Telephone: (345) 949-5111 Email: sales@pinnaclemedialtd.com Website: www.caymancompass.com PUBLISHERS DAVID R. LEGGE AND VICKI L. LEGGE EDITOR-IN-CHIEF DAVID R. LEGGE EXECUTIVE EDITOR PATRICK BRENDEL A MEMBER OF THE INTER-AMERICAN PRESS ASSOCIATION “Give light and the people will findtheirownway” FRIDAY APRIL 7, 2017 • CAYMAN COMPASS The Cayman Islands is a wonderful place to visit, whether it’s for a few short hours off a cruise ship or on an extended stay-over vacation. Our population takes great pride in our “CaymanKind” hospitality and our rep- utation for being able to attract “repeat visitors.” We will not take umbrage, however, if one particular person chooses never to return to our shores – German cruise ship tourist Celal Kildag, whose “three-hour tour” was extended to four months as he awaited a local court’s decision that could have sent him off to a Turkish prison … or worse. Mr. Kildag, who is originally from Turkey but has lived in Germany since 1980, stepped off the MSC Opera onto Grand Cayman on Dec. 8, when he was arrested by Cayman authorities on an international arrest warrant, citing allegations of terror, murder and arson. In brief, Turkish authorities sought to have Mr. Kildag extradited to Turkey in order to face charges that he was involved in the burning of a school and the murder of two people in 1988 by a separatist group called the Kurdistan Workers’ Party or PKK. Mr. Kildag denied any involvement or knowledge of the offenses, and evidence was provided in court that he had not been in Turkey during that time. Cayman Magistrate Grace Donalds determined that Turkish authorities failed to explain why they had delayed pursuing charges against Mr. Kildag for 29 years and said it would be “oppressive” to send him to Turkey for trial. Well done, Magistrate Donalds. We will not attempt to speak to the legal points, which the magistrate has more than adequately assessed. Rather, from a strictly humane, moral and ethical per- spective, it would seem – not only “oppressive” – but just plain wrong for us to turn Mr. Kildag over to an authori- tarian power that has repeatedly demonstrated its hos- tility to certain ethnic groups, such as Kurdish people like Mr. Kildag, and to professional classes, such as journalists – as well as judges. Since a failed coup attempt against him last July, Turkish President Recep Tayyip Erdogan has conducted a crackdown against individuals and groups who may be suspected of disloyalty, leading to some 40,000 arrests and 110,000 suspensions or dismissals from public posts. Considering the circumstances and the scant evidence floated against him, sending Mr. Kildag to Turkey would have made Cayman culpable for whatever wrongs he suffered as a result. Fortunately, on Wednesday in Cayman’s court, wiser heads prevailed. Setting aside treaties, conventions and the ubiquitous “international obligations,” and at the risk of being sim- plistic, we all generally know who the “good” countries are, and who the … well … “not so good” countries are, in terms of their governments’ regard for basic human rights. The Erdogan administration in Turkey plainly falls in the latter category, along with (to varying degrees) Russia, Syria, Venezuela, China, and our dear neighbor to the north, Cuba. Before we laud ourselves too lavishly for our humani- tarian accomplishments, we would do well to remember the situation off Fairbanks Road, at the immigration deten- tion center for Cuban migrants who land on our shores. Putting aside the conditions at the facility itself, we are particularly concerned about the bureaucratic inertia that results in migrants being detained for many months, in asylum applications being delayed interminably, and, eventually, in people being forced back to an oppressive country they were willing to risk their lives to flee. A better – and more humane – solution is currently under discussion with the Cuban authorities. We hope so. It’s long overdue. The happiest man ever to leave the Cayman Islands Charles KrauthammerKrauthammer Karma, precedent and the ‘nuclear option’ WASHINGTON – For euphe- mism, dissimulation and outright hypocrisy, there is nothing quite as entertaining as the periodic Senate dust- ups over Supreme Court ap- pointments and the filibuster. The arguments for and against the filibuster are so well-known to both parties as to be practically memorized. Both nonetheless argue their case with great shows of pas- sion and conviction. Then shamelessly switch sides – and scripts – depending on the ideology of the nominee. Everyone appeals to high principle, when everyone knows these fights are about raw power. When Democrat Harry Reid had the majority in the Senate and Barack Obama in the White House, he abolished the filibuster in 2013 for sub-Supreme Court judicial appointments in order to pack three liberal judges onto the D.C. Circuit Court of Appeals. Bad karma, bad precedent, he was warned. Republicans would one day be in charge. That day is here and Repub- licans have just stopped a Democratic filibuster of Neil Gorsuch by extending the Reid Rule to the Supreme Court. To be sure, there are rea- soned arguments to be of- fered on both sides of the fili- buster question. It is true that the need for a supermajority does encourage compro- mise and coalition building. But given the contemporary state of hyperpolarization – the liberal Republicans and conservative Democrats of 40 years ago are long gone – the supermajority require- ment today merely guaran- tees inaction, which, in turn, amplifies the current popular disgust with politics in gen- eral and Congress in partic- ular. In my view, that makes paring back the vastly over- used filibuster, on balance, a good thing. Moreover, killing the fil- ibuster for Supreme Court nominations (the so-called nuclear option) yields two gratifications: It allows a superb young conserva- tive jurist to ascend to the seat once held by Antonin Scalia. And it constitutes condign punishment for the reckless arrogance of Reid and his erstwhile Demo- cratic majority. A major reason these fights over Supreme Court nominations have become so bitter and unseemly is the stakes – the political stakes. The Supreme Court has be- come more than ever a su- perlegislature. From abor- tion to gay marriage, it has appropriated to itself the final word. It rules – and the normal democratic im- pulses, expressed through the elected branches, are hence- forth stifled. Why have we had almost half a century of massive street demonstrations over abortion? Because the ballot box is not available. The court has spoken, and the question is supposedly set- tled for all time. This transfer of legislative authority has suited Amer- ican liberalism rather well. When you command the alle- giance of 20 to 25 percent of the population (as measured by Gallup), you know that whatever control you will have of the elected branches will be fleeting (2009-2010, for example). So how do you turn the political order in your di- rection? Capture the courts. They are what banks were to Willie Sutton. They are where you go for the right political outcomes. Note how practically every argument at the Gorsuch hearings was about political outcomes. Where would he come out on abortion? Gay marriage? The Democrats pretended this was about principle, e.g. the sanctity of precedent. But ev- eryone knows which prece- dents they selectively cherish: Roe v. Wade and, more re- cently, Obergefell v. Hodges. Liberalism does not want to admit that the court has become its last reliable in- strument for achieving its political objectives. So lib- erals have created a great philosophical superstructure to justify their freewheeling, freestyle constitutional in- terpretation. They present themselves as defenders of a “living Constitution” under which the role of the court is to reflect the evolving norms of society. With its finger on the pulse of the people, the court turns con- temporary culture into con- stitutional law. But this is nonsense. In a democracy, what better em- bodiment of evolving norms can there be than elected rep- resentatives? By what logic are the norms of a vast and variegated people better re- flected in nine appointed lawyers produced by exactly three law schools? If any- thing, the purpose of a con- stitutional court such as ours is to enforce old norms that have preserved both our vi- tality and our liberty for 230 years. How? By providing a rugged reliable frame within which the political churnings of each generation take place. The Gorsuch nomina- tion is a bitter setback to the liberal project of using the courts to ratchet leftward the law and society. How- ever, Gorsuch’s appointment simply preserves the court’s ideological balance of power. Wait for the next nomination. Having gratuitously forfeited the filibuster, Democrats will be facing the loss of the court for a generation. Condign punishment indeed. Charles Krauthammer’s email address is letters@charleskrauthammer.com. © 2017, Washington Post Writers Group A major reason these fights over Supreme Court nominations have become so bitter and unseemly is the stakes – the political stakes.The islands’ most-trusted news source 5 CAYMAN COMPASS • FRIDAY APRIL 7, 2017 6 LOCAL NEWS FRIDAY APRIL 7, 2017 • CAYMAN COMPASS 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. Please apply online at: ritzcarltonjobs.ky by April 30, 2017. Internship application is open to Caymanians only. Summer Internships at The Ritz-Carlton, Grand Cayman Miss Cayman promotes free cancer screenings KAYLA YOUNG kyoung@pinnaclemedialtd.com Reigning Miss Cayman Anika Conolly took her award- winning smile to The Dental Centre for a free mouth cancer screening on Thursday. Twelve Grand Cayman clinics participated in the annual free screenings for mouth and throat cancer, sponsored by the Cayman Is- lands Cancer Society. “For me, this is a re- ally great opportunity to make sure my health is in good shape. I hope that many people will take this opportunity to check their status as well. Early preven- tion is key,” Ms. Conolly said. The 27-year-old won the Miss Cayman crown in March, as well as the award for Best Smile. For those who could not attend Thursday’s screening, the cancer society offers free screening vouchers year round for mouth and throat cancer, mammograms, pap smears and prostate-specific antigen tests. Cancer society operations manager Jennifer Weber said the islands have seen an in- crease in mouth and throat cancer detections. She en- couraged more people to seek out screenings to promote early detection. “We know that early de- tection saves lives, so hope- fully the future trend will be less stage-4 cancers. If it’s out there, we want to catch it as early as possible,” Ms. Weber said. The Dental Centre’s Keelin Fox helped set up mouth and throat screenings in Cayman three years ago. She advised patients to pay attention to symptoms like hoarseness, mouth ulcers and cuts on the lip that last for weeks. Tobacco and alcohol use increase mouth and throat cancer risk, she said. In re- cent years, HPV infections have also led to cases in younger patients. “Historically this cancer was seen as a cancer that affected older men. But now we’ve seen a shift where we’re seeing younger people presenting. For people under 40, a lot of the time it might be HPV,” Dr. Fox said. The lips are a common site for mouth cancer to form, so she recommends using a strong SPF lip balm to pro- tect against sun damage. “The success of this day isn’t purely event turnout. The screening is a great op- portunity. We just want people to know about this and to talk about it, and to be aware of the signs and symp- toms,” she said. Woman overdosed after marriage breakdown, inquest hears JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com The death of Cassandra Lee Hurlston, whose body was found slumped in the front seat of her car on a dirt track off Seven Mile Beach in November 2015, was ruled a suicide after an in- quest this week. Ms. Hurlston, 38, who had three daughters, had been depressed after separating from her husband and took a cocktail of sleeping pills and anti-depressants, a cor- oner’s jury heard, during a three-day hearing. A toxicology report showed six different types of medica- tion in her blood and an au- topsy revealed 50 “greenish and white” pellets, a mix of prescription and over-the- counter drugs, in her stomach. Summing up the evi- dence, Wednesday, Queen’s Coroner Eileen Nervik said Ms. Hurlston had been upset at the breakdown of her marriage and had a recent history of depression. Five chapters of an unfinished novel, titled “Broken,” were found in her home, which the coroner cited as evidence of her “state of mind” at the time of her death. Government patholo- gist Dr. Shravana Jyoti gave the cause of death as di- phenhydramine toxicity, citing poly drug toxicity as a secondary cause. His re- port indicated that there were no signs of a struggle before death. Ms. Hurlston’s immediate family had raised concerns that she had been unlawfully killed, but Ms. Nervik sug- gested the investigation had found no evidence of foul play. She asked the jury, “Is there any evidence before you that would lead you to come to the conclusion that a third party was involved?” She said there should be evidence of a struggle if a third party was involved. Speaking after the hearing, Ms. Hurlston’s mother Debra Morris and her brother Kevin Ebanks said they did not be- lieve she had killed herself. Mr. Ebanks said he was upset that the family had not been able to present other evi- dence at the hearing which he believes would prove his sister had not taken her own life. He said they plan to take court action to contest the verdict, something that can be done through the Judicial Review process. Ms. Nervik spoke di- rectly to the family members following the jury’s unani- mous verdict of suicide, telling them, she sympathized with their pain as the mother of a child of around the same age. “You do have the sym- pathy of the court. We are trying to do our best in dif- ficult circumstances. It is quite tragic to lose a beau- tiful young lady, a mother, a daughter, a sister and a wife.” Ms. Hurlston was an ac- countant and, according to her family, an artist and writer in her spare time. Miss Cayman Anika Conolly gets a free mouth cancer screening from Dr. Keelin Fox at The Dental Centre. - PHOTO: KAYLA YOUNGThe islands’ most-trusted news source 7 CAYMAN COMPASS • FRIDAY APRIL 7, 2017 The islands’ most-trusted news source 8 FRIDAY APRIL 7, 2017 • CAYMAN COMPASS In lieu of fl owers a donation in Patsy's memory can be made to any of the following Charitable Organizations all of which Patsy admired and helped during her lifetime: - The NCVO -the Foster Home The Cancer Society The Humane Society Paws The family of the late Mary Patricia Alberga (Patsy) who passed away on Monday the 20th March 2017 wish to announce that a Memorial Service of Thanksgiving and Celebration of her life will be held at the Georgetown Church of Christ which is situated at 43 Anthony Drive (near to Pasadora Place) on Sunday, the 9th April commencing at 4 p.m. behind the library.“We were so young,” said Ms. Bernard, who turned 10 shortly after moving to Cayman in 1946. “Moving here, once we got in with friends, was wonderful. We had a wonderful time. My brother Brian and I loved it.” Ms. Bernard, who was born in British Guiana, re- called birthday parties at Government House in Cayman, climbing mango trees and making chewing gum from the milk of a nas- eberry tree. She retains indel- ible memories of riding her bicycle up and down George Town’s dirt streets and can even remember times when her brother misbehaved. “We got our water from a big cistern,” she said. “My brother would probably kill me for saying this, but he and a couple of his friends de- cided they would go swim- ming in the drinking water. “We had chickens, and we had some orange trees out back …. There was a big guinep tree in the back, and one side was his and one side was mine. We dare not touch anybody else’s guineps.” For Mr. Smith, of course, living on Cayman was a dif- ferent experience. The commissioner’s days were anything but carefree, and his daughter said he took particular pride in two developments. The island’s first hospital was a special area of interest, and Ms. Ber- nard’s appendix was removed in the modest building at some point during her stay. The commissioner’s other passion project was enhanced air cargo service, a develop- ment which would later re- sult in the airport on Cayman Brac bearing his name. The Brac airport – Gerrard Smith International – was origi- nally named after Mr. Smith and another former commis- sioner, Andrew Gerrard. It has since been renamed for the late Charles Kirkconnell. Ms. Bernard can recall her father sweating over every detail of the air cargo service. “The Cable & Wireless was right next door, and he’d always be popping over there to find out what was the latest he had to know about,” she said. “It was lit- erally a 24-hour job. Every time he turned around, there was something else that had to be done. But I think my mom didn’t let him take work home. It was just upstairs, ac- tually. The offices were down- stairs, and we lived upstairs. “But there were lots of cocktail parties and dinner parties that Mom had to put on for different governors. And she was a very self- conscious woman. To stand up in Town Hall and give a speech, she had to rise to the occasion.” To get home, Ms. Bernard recalled that she had to walk down a narrow road past a doctor’s house and the town jail, and she said that the family would often attend church gatherings on Seven Mile Beach. Those were small and simple, she said, and she recalled sitting in the sand while listening to sermons. And when they were not gathering in big crowds, Ms. Bernard’s family engaged in simple pleasures. There were no movie theaters and no television, but they still found ways to entertain themselves. “The majority of homes had verandas with swings,” she recalled. “They prob- ably still do, but I haven’t seen any. We used to sit on them, swing and sing and re- ally enjoy ourselves. We sang songs from here or songs that were very popular. Songs that were popular in the States, I’d say. And England too.” Ms. Bernard later at- tended boarding school in Barbados, and the family moved back to British Guiana – now known as Guyana – when Mr. Smith’s tenure as Cayman’s commissioner ended in 1952. Cayman’s chief adminis- trators were known initially, from 1750 to 1898, as “Chief Magistrates.” From 1898 to 1959, they were called “Com- missioner.” The title “Gov- ernor” was not used until Athelstan Charles Ethelwulf Long was appointed in August 1971. After his role as commis- sioner ended, Mr. Smith and his family moved to New Zea- land before finally settling in Vancouver, Canada, for the last few decades of his life. The former commissioner passed away at age 95 in 2002. He was made a member of the Order of the British Empire as a result of his years of government service. But he never spoke about his honors, and for his grand- daughter, the trip to Cayman has been a chance to see the world through his eyes. “I have to tell you this about my grandpa: I only learned a few years ago that the airport was named after him,” said Judy Bernard. “He never bragged. He really felt like he was serving every- body and that was expected of him. But he never went around talking about any- thing he had done. It was only until I was a lot older that I was able to understand for myself what he had achieved. He was really humble.” When they went through Mr. Smith’s possessions late in his life, the family found stacks of correspondence from Cayman and even an in- vitation to dine with Queen Elizabeth II aboard Her Maj- esty’s Yacht Britannia. Judy Bernard said she was struck by the beautiful penman- ship of the letters and the matching sentiment. “A lot of people wrote him,” she said. “The thing that came up over and over was, ‘Thank you for listening to us. Thank you for acknowl- edging our situation.’ It was always about the people.” Mr. Smith, who worked in carpet sales and home in- surance later in life, never really shed the dignity of his position. Judy Bernard said he was beloved for his kindness in the local gro- cery store he frequented in the last decades of his life, and she recalled the fastid- ious way he would dress for humble occasions. “He was always so proper,” she said. “He would call the town dump, ‘the tip.’ He would wear his hat and his suit to the tip because he was always so proper. He was always the commis- sioner. So lovely.” Mr. Smith was married more than 70 years, and Mar- guerite Bernard said both her parents passed away within a few months of each other. She was actually in Cayman on the anniversary of her fa- ther’s death – April 4 – and she said he’d be thrilled to see the way the island has developed. The commissioner never made it back to Cayman, but it was never far from his thoughts. And now, to see it with its population expanded tenfold, would be something. “He would be absolutely amazed,” said Ms. Bernard. “He wouldn’t believe it. He was always proud of the hos- pital and the airport, even though he didn’t like to brag about it or the OBE.” Family on trip down memory lane Alden McLaughlin. According to an email received Monday by the Cayman Compass from Acting Commissioner Li- ebaers’s office: “The Informa- tion Commissioner’s Office was informed by the Cabinet Secretary that Her Excellency the Governor has signed a certificate under subsec- tion 45(2) of the Freedom of Information Law. The certifi- cate states that the governor ‘has determined that the ex- amination of the record by the information commis- sioner would not be in the public interest’ but gives no further reasons.” Governor Kilpatrick later told the Compass that the costs of appealing an ear- lier court ruling that pre- cluded the release of the document would be “costly and time consuming.” Mr. Liebaers has sought to appeal that Jan. 26 deci- sion by Chief Justice Anthony Smellie to the Cayman Is- lands Court of Appeal. The decision by Governor Kilpatrick “shall not be sub- ject to challenge in judicial or quasi-judicial proceed- ings of any kind,” according to the relevant section of the Freedom of Information Law. The governor’s ruling ends efforts by the Compass and another requester, writing under the name Bender Ro- driguez, to make public a copy of the document via the Freedom of Information Law. The consultant’s re- view was requested by the premier, whose government was attempting to address a series of legal deficiencies in the process of awarding non-Caymanians perma- nent residence. On Wednesday, Mr. Li- ebaers said the appeal of that ruling had “certainly not been dropped”, and that the com- missioner’s office met with its attorneys to determine if and how it might proceed. Mr. Liebaers said he did not want the information commissioner’s office to ap- pear “trigger-happy” in taking individuals to court “for this, that and the other.” However, he said there were matters of grave concern to the Freedom of Information Law regime if the chief justice’s decision was left unchallenged. “If a public authority [gov- ernment entity], for whatever reason, claims legal privi- lege, we could have a situa- tion where we say ‘that’s the end of the line.’ That is surely not the intent of the FOI Law,” he said. Mr. Liebaers also said he believes the intent of the commissioner’s office in re- questing a copy of the Ritch Report has been misunder- stood. Just because his of- fice has sought a copy to read does not mean any of it would be released to the public. “We had a situation where the premier’s office was re- fusing access [to the docu- ment],” he said. “Clearly, the ICO needs access to that re- cord to do its job. The public authority perceives that as the information commis- sioner, perhaps, acting on behalf of the applicant [the person seeking the record]. That’s not so. Our exami- nation of that record … in about 50 percent of the cases, concludes the exemption used to withhold the record was applied correctly.” Chief Justice Smellie was brought into the matter when Premier McLaughlin’s min- istry failed to turn over a copy of the consultant’s re- view at the request of Mr. Liebaers’s office. The infor- mation commissioner had sought to examine it pri- vately to determine whether any part of it could be made public. Mr. Liebaers ordered the Cabinet Secretary to re- lease a copy of the report last year, using powers granted to him under the Freedom of In- formation Law. Premier McLaughlin responded by issuing a “ministerial certificate of exemption” – preventing the Cabinet office from releasing the report to Mr. Liebaers. 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 ruled in favor of the premier’s position on Jan. 26. Mr. Liebaers said Thursday that he hopes to get clarity 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 commissioner’s office has to order government entities to release documents and the powers of government minis- ters to prevent release. The chief justice ruled it would not be “appropriate” to enforce the information commissioner’s order for government to produce the report. Chief Justice Smellie said there was no indica- tion that government offi- cials were in contempt of the information commis- sioner’s order or that Pre- mier McLaughlin had acted in “bad faith” by refusing to disclose the report. Information chief ‘surprised’ at governor’s decision This photograph of former Commissioner Ivor Smith hangs in the Legislative Assembly. CONTINUED FROM PAGE 1 CONTINUED FROM PAGE 1The islands’ most-trusted news source 9 CAYMAN COMPASS • FRIDAY APRIL 7, 2017 Happy Third Birthday In Heaven Rowena Gone But Not Forgotten We Will Always Love & Miss You Love Mom & Dad, Kids: Emma, Elijah, Javier & Jeremiah Sisters: Keisha, Brittany & Paris Bro: Tylor, Nephews: D’Andre, Ayden & Se’Mar Nieces: Ka’Layah, Ki’Arah & Aivery Goodbyes are not forever Goodbyes are not the end They simply mean I’ll miss you until we meet again Condolences can be registered at: www.churchillsfuneralhome.com We have been asked to announce the passing of Ms. Gauzell Keturah Jackson aff ectionately known as “Gerzell” of Spot Bay, Cayman Brac and George Town, who passed away on Tuesday, March 28, 2017. A Thanksgiving Service will be held on Saturday, April 8, 2017 at 3:00p.m. at Red Bay Church of God (Holiness), Lord’s Way off Selkirk Drive. Viewing will be from 2:00-2:45p.m. Interment to follow at Prospect Cemetery. We have been asked to announce the passing of Ms. Asher Debra-Joy Chin of George Town, Grand Cayman who passed away on Tuesday, April 4, 2017. Details for A Thanksgiving Service will be announced at a later date. Condolences can be registered at churchillsfuneralhome.com We have been asked to announce the passing of Ms. Asher Debra-Joy Chin of George Town, Grand Cayman who passed away on Tuesday, April 4, 2017. Details for A Thanksgiving Service wil be announced at a later date. Condolences can be registered at churchillsfuneralhome.comCondolences can be registered at churchillsfuneralhome.comCondolences can be registered at We have been asked to announce the passing of We have been asked to announce the passing of Details for A Thanksgiving Service will churchillsfuneralhome.com We have been asked to announce the passing of The Family Of The Late Condolences can be registered at boddenfuneralservices.com & Bodden Funeral Service Facebook page. Rose Elizabeth Parsons regret to announce her passing on Monday, 3 April 2017. Funeral services will be held at 3:00 PM Saturday, 8 April 2017 at the Church of God Full Gospel Hall. Viewing will be from 2:00 PM prior to the service. Interment will follow in Dixie Cemetery. The Family Of The Late Condolences can be registered at boddenfuneralservices.com Dr. Waite Kirkconnell regret to announce his passing on Sunday, 2 April, 2017. Funeral services will be held at 1:00 PM Saturday, 8 April 2017 at Cotton Tree Bay Church of God Chapel. Interment will follow in Stake Bay Cemetery. In lieu of flowers donations made be made to the Cotton Tree Bay Church of God Chapel. Three-year sentence stands for injuring elderly couple in road incident CAROL WINKER cwinker@pinnaclemedialtd.com Corporate lawyer Simon Courtney lost his appeal against sentence and con- viction for reckless driving and causing grievous bodily harm to two elderly tourists in January 2015. After a jury trial, he was sentenced in July 2016 to three years’ imprison- ment and disqualified from driving for five years. Grand Court judge Charles Quin delivered the decision of the Cayman Is- lands Court of Appeal on Thursday afternoon. He provided copies of the 36- page judgment to the prose- cuting and defense counsel, but he did not read it into the record. Justice Quin, sitting as a single judge of the Court of Appeal, said only that the three judges hearing the matter on March 9 had re- jected all eight grounds of appeal against conviction and rejected all grounds of appeal against sentence. Courtney, 50, had pleaded not guilty to causing serious bodily harm to the couple in an in- cident on Sunday, Jan. 25, 2015, shortly after 5 p.m., when his car left the road and hit the victims, who were walking on the side- walk along West Bay Road. The car was a Mustang Shelby GT 500. Courtney had just left The Ritz-Carlton, Grand Cayman’s Sunday brunch. He maintained that the car had slid and spun because the road surface was wet. In giving evidence, he said he had left the scene to call 911. He said he be- lieved he had sustained a concussion in the incident, but no medical evidence was submitted to support that position. COURTNEY LOSES APPEAL IN RECKLESS DRIVING CASE Asylum seekers pose legal questions law. Immigration officials are participating in an in- tensive two-week course or- ganized by the Governor’s Office and facilitated by a specialist from U.K. Visas and Immigration. Matthew Forbes, head of the Governor’s Office, said much of the training focus will be on professionalism and expediency. Facility guards confirmed that several migrants have been held in detention for more than a year. Mr. Forbes said there is no maximum processing time for repatri- ation to Cuba to allow flexi- bility in case handling. The U.N. High Commis- sioner for Refugees recom- mends nations establish a maximum detention period to avoid excessive holding times. Commission guidelines state: “Without maximum periods, detention can be- come prolonged, and in some cases indefinite.” Prison Director Neil Lavis said during a tour of the George Town immigration center:“Bear in mind that these people were meant to be here for very short pe- riods of time, not lengthy pe- riods of time. I don’t think any of us, including immigra- tion, envisaged that people would be here for a long pe- riod of time.” Migrant detainees have no right to leave the George Town facility, un- less accompanied by staff, Mr. Lavis said. The Department of Im- migration delegates center management to the prison service, which took over the duty from a private con- tractor in 2014. Prison guards work at the facility during overtime hours and on a voluntary basis. “We are here to detain them. We are ordered by im- migration to ensure that they are kept secure, which is what our role is. If they want to go to a church service, we are very reasonable. We try our very best,” Mr. Lavis said. Article 26 of the Refugee Convention protects freedom of movement and Article 31 provides for non-penalization of asylum seekers. “Detention can only be resorted to when it is de- termined necessary, rea- sonable in all circum- stances and proportionate to a legitimate purpose,” ac- cording to a UNHCR report on refugee guidelines. “(Article 31) further pro- vides that restrictions on movement shall not be ap- plied to such refugees or asylum seekers other than those which are necessary.” Reasons for detention in- clude preventing noncoop- eration, establishing initial identification, recording pre- liminary interviews, and pro- tecting public health and na- tional security. Inside the center The center’s 49 detainees share a living space where they sleep on bunk beds. The bedroom is occupied by both men and women, in- cluding two pregnant women who were present during a facility tour. While separate living space is available, it is not in use. “When the numbers get down around 50, we move them into one or the other side. That allows us to do maintenance work in the entry side,” Mr. Lavis said. “We also have to be mindful of the public purse. To run two facilities when we could run it on one doesn’t make sense.” UNHCR guidelines recom- mend separating male and fe- male populations unless they are within the same family. “As a general rule, preg- nant women and nursing mothers, who both have spe- cial needs, should not be de- tained,” a UNHCR report says. “Alternative arrange- ments should also take into account the particular needs of women, including safe- guards against sexual and gender-based violence and exploitation.” One female migrant gave birth in January and is now living with a mi- grant family in George Town. Her housemates in- clude an asylum applicant and a 16-year-old girl, who has not been able to enroll in public school. The woman said she spent all nine months of her preg- nancy in the detention center, despite doctor recommen- dations that she be moved. She lived in the facility for a reported total of one year and four months. She said she cried when she first ar- rived at the center because it looked like a prison to her. Her asylum rejection came eight-and-a-half months into her pregnancy, complicating her appeals process, she said. The baby’s father was al- ready expatriated to Cuba. The woman has also been or- dered for deportation. Another woman, who is currently nine months preg- nant, was awaiting relocation last week out of the facility. She also spent her entire pregnancy in detention. While case appeals can delay processing times, many detainees in the immigration facility complained that they have not received any re- sponse on their case. One male detainee who has been held for five months in March requested that Gov- ernor Helen Kilpatrick re- view his case. “We ask God, our great Lord, to open your heart and those of your cabinet to help resolve this matter and to give a positive answer to the great problem that faces Cubans who find ourselves stranded here,” he said. Another detainee noted the impact of sitting indefi- nitely in detention. “No one knows what it feels like to be impotent, to be prisoner without having com- mitted any crime,” he said. “Many of us left Cuba be- cause of injustice. We left to find freedom, and look at where we find ourselves.” Immigration officials receive asylum training.The immigration detention center in George Town houses nearly 50 Cuban migrants. CONTINUED FROM PAGE 1Next >