ESTABLISHED 1965 www.caymancompass.com – 50 CENTS – MONDAY MAY 8, 2017 Also Available RED BAY SEVEN MILE BEACH WATERFRONT WALKERS ROAD TOWN CENTRE PLAZA HOSPITAL IMMUNITY CLAUSE WAS UNLAWFUL, JUDGE RULES JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com An “immunity clause” that protected negli- gent doctors in the Cayman Islands from civil lawsuits was unlawful, a judge has ruled. The controversial Section 12 of the Health Services Authority Law, repealed after media and public pressure following a separate legal ruling last year, was in contravention of the Bill of Rights, Justice Richard Williams ruled. The declaration, in a judgment published last week, is an empty victory for Norene Ebanks, who is attempting to sue the Health Services Authority for alleged negligence which she claims led to her daughter, Donette Thompson, being born with severe birth de- fects in 2005. Justice Williams also ruled that the charter of human rights, which was introduced in 2012, could not be applied retroactively and therefore did not impact her right to sue the authority and its doctors. At age 12, Donette, referred to in the PR DELAYS ‘CLASSIC CASE OF MISMANAGEMENT’ BRENT FULLER bfuller@pinnaclemedialtd.com Two Newlands independent political can- didates alleged Friday that the Progressives government’s mismanagement led to delays in hearing hundreds of permanent residence applications, delays the candidates said were “playing with people’s lives.” Even Progressives’ Financial Services Min- ister Wayne Panton acknowledged during a Chamber of Commerce candidates forum that the delay of between 900 and 1,000 residency applications filed since October 2013 was “not fair to stay as it is.” “There are lots of people whose lives, they feel, are in limbo. They feel they are unable to move on,” Mr. Panton said. “It has really been too long in that situation.” Little Cayman road proposed JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Proposals for a new road in Little Cayman could open up 200 acres of “pristine pri- mary habitat” to potential de- velopment, the Department of Environment has warned. The National Conservation Council voted to require an En- vironmental Impact Assessment before the half-mile stretch of road is officially gazetted. The “Spine Road” would extend a previously gazetted, but yet to be constructed, route. The road plan is supported by the District Administration for the Sister Islands, according to a report submitted to the council at its meeting last week. Gina Ebanks-Petrie, director of the DoE, said the department is unclear what strategic assess- ment, if any, has been done to support the road plan. “It is unlikely that the pro- posed road corridor has been evaluated against a formal de- velopment plan or strategy as PLEASE TURN TO PAGE 9 » PLEASE TURN TO PAGE 9 » Miss Cayman Anika Conolly in Batabano spirit Miss Cayman Anika Conolly was among the many participants in the Grand Batabano Street Parade on Saturday afternoon. Thousands of spectators lined West Bay Road from Public Beach to the heart of George Town for the colorful annual carnival. For more photos, see page 8. - PHOTO: TANEOS RAMSAY PLEASE TURN TO PAGE 9 » Far-right leader Marine Le Pen called centrist Emmanuel Macron on Sunday to concede defeat in France’s presiden- tial runoff. The fate of the EU hung in the balance as voters decided whether to risk handing the presidency to Le Pen or to play it safer with Macron. For the full story, see page 10. FRANCE HANDS VICTORY TO MACRON, REJECTS POPULISM2 LOCAL NEWS MONDAY MAY 8, 2017 • CAYMAN COMPASS Daily Matinees Every Day $8.00 Seniors, Mon-Fri Before 6pm Cayman Cinema@cbcinema6cbcinema6 HOW TO BE A LATIN LOVER (PG13) 1:00 I 3:55 I 7:00 I 9:40 THE FATE OF THE FURIOUS 3D (PG13) 1:30 2D I 3:25 VIP I 8:00 2D I 9:00 SMURFS: THE LOST VILLAGE (PG) 12:35 I 2:50 I 5:05 I 7:20 I 9:35 GUARDIANS OF THE GALAXY VOL. 2 3D (PG13) 12:25 VIP I 2:00 I 4:35 2D I 5:40 6:30 VIP I 9:30 VIP BOSS BABY 3D (PG) 12:45 2D I 3:50 I 6:50 2D I 9:15 - MONDAY - SATURDAY NIGHT: For your viewing pleasure, minors under the age of 18 will not be admitted to any film starting after 6pm, unless accompanied by their parent. *Additional charges will apply per 3D ticket requested. 640-FILM (640-3456) Northward gives inmates Fresh Start SPENCER FORDIN sfordin@pinnaclemedialtd.com Northward prison has created an avenue to give inmates a better chance at a new life. The facility on Thursday announced its Fresh Start pilot program, an eight- week initiative crafted in conjunction with private business designed to give inmates a background in construction. Three companies – En- compass Cayman, Phoenix Construction and Clan Con- struction – have signed on to send representatives to Northward to help teach 10 inmates a new career. The group will construct a new maintenance shed from scratch on the grounds of the prison, but the hope is that the inmates will learn a new craft and new trade to follow up on after their re- lease. Prisons Director Neil Lavis said Thursday that the Fresh Start program has taken a long time to design. “This is quite a mile- stone,” he said. “We have a responsibility that we carry out 24/7, 365 days of the year, and that’s the respon- sibility to provide opportu- nities for prisoners to break the cycle of offending.” Many of the inmates have already worked jobs in con- struction, and Mr. Lavis said he hopes to eventually ex- pand the prison’s vocational training area into a full- fledged trade school. Gradu- ates of the Fresh Start pro- gram may eventually gain opportunities for release on temporary work licenses. If the program is a suc- cess, inmates will be able to learn their craft inside, then move to a status where they are able to work outside the walls during the day and re- turn to prison at night. Aduke Joseph-Caesar, the prison’s deputy director responsible for rehabilita- tion, said it is important to not just learn the skills for how to work, but also how to comport yourself in the workplace. “We’ve been talking to the construction people and the contractors for a long time,” she said. “They’ve been saying, ‘We want to hire your men. They have the skills, but that’s not enough. We want them to be able to be team players. We want them to be able to want to listen. We want them to be able to work well as a normal person in the workplace.’ How do we pro- vide that opportunity when we have a force environ- ment in the prison? We’ve decided to bring the normal environment to the people. My grandma used to say, ‘If the cow won’t come to the water, you bring the water to the cow.’” The prison worked in conjunction with the Cayman Construction As- sociation to design its pilot program, and the inmates who complete it will re- ceive a certificate of com- pletion. They will also have the endorsement of industry professionals who have worked with them. The first class The program’s initial class of 10 was introduced Thursday at the prison’s main chapel, and inmate Ryan Ebanks was intro- duced as the group’s leader. Ebanks addressed the as- sembled audience and said he was proud to be a part of the pilot program. “I’d like to give special thanks to the outside agen- cies that have come on board to acknowledge the skills, talent and trades that we have to take on all tasks whether big or small and to see the potential we all have,” he said. “We will make this work because this is our shot to prove ourselves in order to transit back into society and to show people of the com- munity that we are people too and we are talented …. We’ve made mistakes and we are prisoners, but we are people. We are good people.” Ms. Joseph-Caesar said several studies have shown that recidivism is reduced when people have a better career choice upon their re- lease from prison. North- ward has provided hands- on training in skills before, she said, but now there will be a focus on inte- grating inmates back into the workforce. “Working is not just about skills. It’s about your emotional intelligence. It’s about your ability to work well with others and to be a team player,” said Ms. Joseph-Caesar. “When the boss says, ‘Look, we’re back on the project because we’re not meeting our deadlines,’ how are we going to work late? How are you going to stay focus[ed] and stay po- lite in the workplace? When the boss gets upset be- cause things aren’t going so good, how are you going to manage when the boss talks to you a little hard? Are you going to walk off the job? We want to give people the opportunity to practice those skills.” “How do we provide that opportunity when we have a force environment in the prison? We’ve decided to bring the normal environment to the people. My grandma used to say, ‘If the cow won’t come to the water, you bring the water to the cow.’” ADUKE JOSEPH-CAMPBELL, deputy director responsible for rehabilitation Mr. Lavis addresses the audience at the prison chapel on Thursday. Prisons Director Neil Lavis, right, and the first group in the Fresh Start pilot program. - PHOTOS: SPENCER FORDIN Ryan Ebanks, the leader of the first group of Fresh Start inmates, speaks to the crowd.3 LOCAL NEWS CAYMAN COMPASS • MONDAY MAY 8, 2017 +1.954.659.5080 l flgps@ccf.org clevelandclinic.org/flgps Make your connection to world class care. Our Global Patient Coordinators connect people from over 100 countries to a world renowned name in healthcare. BRENT FULLER bfuller@pinnaclemedialtd.com The 11-year-old boy injured in last week’s quadruple-fatal car crash in East End district was released from hospital late Thursday, May 4, about 48 hours after the wreck. Royal Cayman Islands Police Service officers said the child had been riding in the trunk of the Honda Ac- cord involved in the smash that killed three elderly U.K. tourists and a 22-year- old Jamaican man. The other person believed to have been riding in the trunk of the Honda, a 26-year-old Jamaican man, remained in hospital over the weekend in stable con- dition, police said. Meanwhile, no arrests were reported over the weekend in connection with the vandalism involving a police officer’s pri- vate vehicle. That officer was the initial responder to the crash on May 2. The officer’s personal car was vandal- ized at his residence on the night of May 3, about 24 hours after he responded to the wreck on Austin Conolly Drive, police said, adding that it appeared those re- sponsible for the vandalism blamed the officer for a “pursuit” they believed led to the head-on accident. The RCIPS said there was never any pursuit and that the officer merely switched on his vehicle’s overhead lights before turning around to follow a speeding Honda Accord. By the time the officer turned around and headed down the road, the fatal crash had occurred. Several political candidates de- nounced the vandalism when asked about it by the Cayman Compass this weekend. “That is so wrong on all levels,” Bodden Town East candidate Robert Bodden said. “We have to control our emotions. Any vandalization of personal property … is totally wrong.” Sports Minister Osbourne Bodden compared the situation to a recent issue he’s been dealing with involving a series of assaults or threats against local foot- ball referees who spectators or players believe have made “bad calls.” Those ref- erees went on strike for a brief period this year. “We do have to have more re- spect for the law,” Minister Bodden said. “Targeting the police officer and his family and vehicle is wrong.” Child recovering after EE wreck But restaurants say ban would be counterproductive JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Some lionfish cullers are calling for a ban on the im- port of the invasive fish to force restaurants in the Cayman Islands to buy local. The move is opposed by local chefs, who say they need to buffer the dwindling local supply with imported fillets in order to keep lionfish on the menus and the issue in the public eye. The Cayman United Lion- fish League, which organizes regular culling tournaments and has collectively culled thousands of lionfish, has written to the National Con- servation Council asking it to consider a ban on imports. In a letter to the council, CULL member Joey Avary wrote, “When restau- rants import lionfish from other jurisdictions, it artifi- cially depresses the market price of the fish. “CULL believes if the Cayman Islands would enact a ban on the importation of lionfish, the market price for locally culled lionfish would rise. This would boost the fi- nancial incentive for divers and snorkelers to undertake the risks inherent in hunting these invasive pests.” Lionfish currently sell for around $4 to $6 per pound in the Cayman Islands. Speaking to the Cayman Compass, Mr. Avary said he believes a small rise in price would create the addi- tional economic incentive for people to make a business out of targeting the species for sale locally. “We want to see local people catching local lionfish for local restaurants,” he said. “We have to target our own reefs first. It would be great if we could get to the point where rather than looking at conch and seeing dollar signs, people are going after lion- fish instead.” He acknowledged that not everyone would support the move and that there was some debate even within the culling community about the issue, but he said his letter to the Conservation Council reflected the majority view among CULL’s membership. Ron Hargrave, who runs Tukka restaurant in East End and who was one of the first chefs to put lionfish on the menu, said a ban on imports would be counterproductive. He said cullers were simply not supplying enough lionfish to make it a viable op- tion for restaurants without additional imports. “We’ve been doing this for seven years and we have never refused to buy a locally caught lionfish. Divers are not seeing as many lionfish here as they used to, and we are not getting the same supply. We can’t just take it on and off the menu.” He said the $5-a-head price in Cayman is al- ready twice the price of fil- lets imported from elsewhere in the region. Some cullers agree that imports are necessary. Steve Broadbelt, owner of Ocean Frontiers Dive Shop, which has culled 15,000 lion- fish locally since the invasion began, said, “I have never been turned away at a restaurant in the Cayman Islands with a locally caught lionfish.” He said Cayman’s culling efforts have been extremely successful, and far fewer lion- fish are being seen on the is- lands’ reefs than was the case three years ago. “It is still important that we keep culling. They are like weeds in a garden. You can’t let up or they will come back. But if you ban im- ports and restaurants start taking them off the menu, then the customers will lose interest and we will have a bigger problem.” He added that importing lionfish from the Carib- bean region actually helps the Cayman Islands in the long run. “We are getting on top of the problem on our own reefs, but this is a regional problem that needs a regional solution. “If we are buying them from Honduras and that en- courages people in Roatan to cull more, then that is going to help us too. The lionfish we see on our reefs don’t come here on Cayman Airways, they come as larva on ocean cur- rents from all over the region. “If we don’t have effective culling all over the Caribbean, they will keep coming back.” “We want to see local people catching local lionfish for local restaurants. We have to target our own reefs first.” JOEY AVARY, CULL member Calls for lionfish import banThe 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” WASHINGTON – Having be- stowed the presidency on a candidate who described their country as a “hellhole” besieged by multitudes trying to get into it, Americans need an antidote for social hypochondria. For- tunately, one has arrived from Don Boudreaux, an economist at George Mason Universi- ty’s Mercatus Center and pro- prietor of the indispensable blog Cafe Hayek. He has good news: You are as rich as John D. Rockefeller. Richer, actually. Some histo- rians estimate that on Sept. 29, 1916, a surge in the price of Rockefeller’s shares of the Standard Oil Co. of New Jersey made him America’s first bil- lionaire. Others say he never reached this milestone and that Henry Ford was the first. Never mind. If Rockefeller was the first, his billion was worth $23 billion in today’s dollars. Bou- dreaux asks if you would ac- cept this bargain: You can be as rich as Rockefeller was in 1916 if you consent to live in 1916. Boudreaux says that if you had Rockefeller’s riches back then, you could have had a pa- latial home on Fifth Avenue, another overlooking the Pa- cific, and a private island if you wished. Of course, going to and from the coasts in your private but un-airconditioned railroad car would be time-consuming and less than pleasant. And communicating with someone on the other coast would be a time-consuming chore. Commercial radio did not arrive until 1920, and 1916 phonographs would lacerate 2017 sensibilities, as would 1916’s silent movies. If in 1916 you wanted Thai curry, chicken vindaloo or Vietnamese pho, you could go to the phone hanging on your wall and ask the operator (direct dialing began in the 1920s) to con- nect you to restaurants serving those dishes. The fact that there were no such restaurants would not bother you because in 1916 you had never heard of those dishes, so you would not know what you were missing. If in 1916 you suffered from depression, bipolar disorder, a sexually transmitted disease or innumerable other ailments treatable in 2017, you also would not know that you were missing antibiotics and the rest of modern pharmacology. And do not even think about getting a 1916 toothache. You can af- ford state-of-the-art 1916 den- tures, and probably will need them. Your arthritic hips and knees? Hobble along until you cannot hobble any more, then buy a wheelchair. As a 1916 billionaire, you would be materially worse off than a 2017 middle-class Amer- ican; an unhealthy 1916 billion- aire would be much worse off than an unhealthy 2017 Amer- ican of any means. Intellectu- ally, your 1916 range of cultural choices would be paltry com- pared with today’s. In 2015, a Bureau of Labor Statistics paper described the life of workers in 1915. More than half (52.4 percent) of the 100 million Americans were younger than 25, life expec- tancy at birth was 54.5 years (today, 78.8) and fewer than 5 percent of Americans were 65 or older. In 1915, only about 14 per- cent of people ages 14-17 were in high school, an estimated 18 percent ages 25 and older had completed high school, and nearly 75 percent of women working in factories had left school before eighth grade. There were four renters for every homeowner, partly be- cause mortgages (usually for just five to seven years) required down payments of 40 to 50 per- cent of the purchase price. Fewer than one-third of homes had electric lights. Small electric motors – the first Hoover vacuum cleaner ap- peared in 1915 – were not yet lightening housework. I So, thank Boudreaux for making you think about this: How large would your net worth have to be to get you to swap the life you are living in “hellhole” America for what that money could buy in 1916? George Will’s email address is georgewill@washpost.com. © 2017, Washington Post Writers Group MONDAY MAY 8, 2017 • CAYMAN COMPASS “I find this incident very troubling, where an officer is diligently going about his work to protect and serve the community, is a first responder and witness to a tragic motor vehicle accident with multiple deaths, and in his own district where he lives and works, is targeted with the threat of violence and damage to his personal property. “This is akin to an attack on Cayman society and the criminal justice system. This is reprehensible and every effort will be brought to bear to locate and arrest those responsible.” –Royal Cayman Islands Police Service Commissioner Derek Byrne Police Commissioner Derek Byrne did not mince words as to his feelings about the “criminal damage” incident targeting the personal vehicle of an East End police officer who was the first to respond to one of the deadliest traffic accidents in Cayman’s history. In brief: The commissioner is livid. In the midst of campaign season, East End politi- cians did not mince their words on the incident either … namely because they didn’t have any. Four people died Tuesday night in the head-on crash in East End. The police officer is well aware of that – because he was there, on the scene, trying to help and carry out possibly life-saving actions. He was doing his job. Perhaps the criminal vandals were motivated by initial rumors that were picked up and amplified, erro- neously, on social media and then by certain media organizations (not the Compass) which did not bother to check facts before publishing. The word quickly spread that the police officer had been “chasing” a Honda Accord before it slammed head-on into a rented Kia Rio. Perhaps it is understandable for people, following the loss of a loved one, to feel anger, even if it’s irra- tional. But for someone to damage a police offi- cer’s property out of a misguided sense of revenge is cowardly, dangerous and criminal. The fact is, the officer was not chasing the Accord. He had just noted the vehicle was speeding, and was turning around in preparation to give pursuit when the collision occurred. And even if there had been a chase, the officer’s actions would have been justified, even necessary, given the apparently reckless behavior of the Accord’s driver, who is among the deceased. Again, the police officer was just doing his job. That job is often a thankless one, and a perilous one, and can be a traumatic one. Some things you cannot “un-see.” One of those is witnessing multiple fatalities at an accident scene. After the grisly experience, the police officer went to his house, which is in the same district where the accident occurred, and sought sanctuary with his wife and young child. And for someone, or someones, to threaten violence against him at his own home (which for every person should be a nearly inviolable place of peace) is just … well … Let’s put it this way: We and Commissioner Byrne see eye-to-eye. Most (but not all) of our elected leaders and polit- ical challengers haven’t shared with the country their thoughts about this attack on law enforcement. The lack of comment, however, is most surprising, from East End politicians, especially longtime East End MLA Arden McLean. (The Compass reached out to all East End candidates, but by press time on Sunday, we had received no responses.) In our minds, silence from our elected leaders and their electoral challengers suggests: • Sympathy for the vandals who damaged the officer’s property (highly unlikely) • Absence of understanding of the pressing need to support law enforcement and condemn criminal actions (more likely) • Fear of the perceived political repercussions for speaking out (highly likely). Sometimes the “sounds of silence” speak volumes …. Police under attack; Politicians’ response underwhelming LETTER TO THE EDITOR The ‘tragic’ East End car crash Tragic and sickening to read of the incomprehen- sible deaths of four people in the East End car crash. If there was alcohol and drugs involved, more the pity. Who knows where to place blame? And mercy on the souls lost is more impor- tant than blaming someone for causing the accident. There were stolen conchs in the Honda car of the local driver who died, and the three guests from the U.K. in the rental Kia car did not know their lives would be snuffed out within minutes of seeing the oncoming car. Sending deep sympathy to the families of the U.K. citizens who lost their lives. Careless driving has al- ways been a terrible fact of Grand Cayman and the Sister islands. People do not realize their lives and the lives of their loved ones can change in a moment when the driver is not paying attention to his or her driving, when the driver is smoking or texting or drinking or listening to deafening loud music. Life is so precious! We wish R.I.P. to those who have lost their lives in East End, and heart’s ease to their loved ones who are left bereft. Nan Socolow Who wants to be a billionaire (in 1916)? GEORGE F. WILL GEORGE 5 LOCAL NEWS CAYMAN COMPASS • MONDAY MAY 8, 2017 Police search for armed robbery suspects BRENT FULLER bruller@pinnaclemedia.com Royal Cayman Islands Po- lice are searching for two masked men armed with a handgun who robbed the Rubis gas station on Walkers Road early Friday. According to co-man- ager David Wight, the men smashed a glass door with a rock to force their way in to the convenience store. Two employees and one cus- tomer were inside. Mr. Wight said he had damage-resistant glass in- stalled in the store after the last robbery there in late 2012. The store was also held up in 2009. The Rubis gas station is open 24-hours, but it locks its doors at night and requires the clerk to release the lock to allow any customers in. “We’ve put stronger panes in the window and they just pelted the rock and kicked it out,” Mr. Wight said. “It took less than a minute …. They ripped out the two reg- isters and ripped out the silver box [where the store change is kept].” Mr. Wight said the robbery seemed well-planned and that several hundred dollars were taken. The two store em- ployees fled to the back of the room and the customer was not hurt, he said. The suspects left on foot along a pathway be- hind the store that leads to Windsor Park, according to the Royal Cayman Islands Police Service. The robbery was re- ported at 1:30 a.m. “It does not appear that any shots were fired and no one was physically injured,” according to police. Mr. Wight said the gas station convenience store, one of the few 24-hour busi- nesses operating in the Cayman Islands, may have to reconsider its opening hours after a number of late- night robberies. “With this last robbery, we really have to consider that now,” he said. Police ask anyone who has information on this or any other matter to call the George Town Police Station Criminal Investigation Department at 949-4222 or the confidential tip line at 949-7777, or 800- TIPS to remain anonymous. “We’ve put stronger panes in the window and they just pelted the rock and kicked it out. It took less than a minute …. They ripped out the two registers and ripped out the silver box [where the store change is kept].” DAVID WIGHT, co-manager Discarded gun recovered outside Northward Prison BRENT FULLER bfuller@pinnaclemedialtd.com Royal Cayman Islands Police Service officers spent several hours Saturday and Sunday searching the Northward Prison grounds for a handgun that was brought into a prison checkpoint sometime during the day Saturday. RCIPS Chief Inspector Pat- rick Beersingh confirmed by noon Sunday that a handgun had been re- covered and a man was arrested in connection with the incident. According to reports from the prison, a man who was driving up to the checkpoint area stepped out of his car and got into an alterca- tion with another man Saturday. A prisons officer at the checkpoint re- ported that a gun was produced during the dispute. After the prisons officer called 911 to report the incident, the suspect fled to the back of the compound, running his vehicle into a fence. At some point, it is believed the man threw the weapon away or hid it in the area. He was arrested by RCIPS officers. No one was hurt in the incident and no shots were fired, according to police. The weapon wasn’t recov- ered until Sunday. The prison checkpoint area is where visitors go to drop off pack- ages such as food or belongings for prisoners. David Wight, co-manager of Rubis, holds the rock that was used to smash through a door. - PHOTO: MATT LAMERSDISTRICT DAYS 6 District Days George Town MONDAY MAY 8, 2017 • CAYMAN COMPASS 50 YEARS AGO Parliamentary Association meets In the May 10, 1967 edition of the Caymanian Weekly, a precursor of the Cayman Compass, news from George Town included: “In the Town Hall, George Town, newly renovated and beautifully decorated by the ladies of the Garden Club, the Fifth Caribbean Regional Conference of the Common- wealth Parliamentary Associa- tion was opened with due cer- emony on the May 9. “After the 47 delegates, observers and their wives and members of the public had taken their seats, His Honour the Administrator for the Cayman Islands, Mr. J.A. Cumber, C.M.G. M.B.E. T.D. ac- companied by Commodore J.M. Townley, R.N. S.N.O.W.I. who arrived earlier aboard H.M.S. Zest, were escorted to their seats by Mr. Spurgeon A. Ebanks, M.LA Chairman of the Executive Committee of the Cayman Islands Branch of the C.P.A. who presided at the opening session. “After the singing of ‘God Save the Queen’ and prayer of- fered by the Rev. John Lord, one minute’s silence was ob- served in honour of the late Prime Minister of Jamaica, Sir Donald Sangster, K.C.V.O.” Also making the news: “In view of the importance of the tourist industry to the economy of the islands it is encouraging to note the steady rise in the figures for the past few years. “The annual figures for 1964-1966 are: 1964 – 4,834, 1965 – 6,622, 1966 – 8,243. For the period 1st Jan to April 30 we are well up for 1967 as the following statistics indicate: 1964 – 2,373, 1965 – 2,944, 1966 – 3,882, and 1967 – 4,575. “This is especially high in view of the fact that Pa- cific Western flights have been bringing fewer passengers this season. It appears that the Ba- hamas are getting a little con- cerned about our increased popularity for the headline in the Bahamas ‘Tribune’ news- paper recently reads, ‘Tiny “Is- lands in the Sun” follow our example, now – Caymans chal- lenging Bahamas as magnet for tourism, finance.’ “In the article by a Nicky Kelly which follows, the writer states, ‘The threat to this tax exempt holiday resort and business hub is being posed by the Cayman Islands, which since 1962 has methodically groomed and patterned its legislation along the lines which have proved so suc- cessful in the Bahamas. “It goes on to outline the legislation passed by these is- lands in recent years, based mainly on Bahamian laws, which have the ultimate aim of creating a financial centre built on the foundation of no direct taxation, within the framework of the sterling area, e.g. the Companies Law, the Trusts Law, the Banks and Trust Companies Law and recent Exchange Control Regulations.” National Museum honors Georgette Ebanks Surrounded by the board and staff of the Cayman Islands Na- tional Museum, Georgette Ebanks was presented with the first Ira Thompson Award in recognition of her significant contributions to the preservation of Cayman’s history. Ms. Ebanks’s daughters Anita Ebanks and Laura Henry, and Ira Thompson’s daughters Maxine Marshall and Laverne Daykin, were also at the event on May 3. Museum board Chairman Al- fonso Wright expressed gratitude for Ms. Ebanks’s contributions to Cayman and for allowing the mu- seum to exhibit her story and heir- looms for the people of Cayman and visitors to see, a press re- lease states. Mr. Thompson’s daughters said they know how proud their father would have been to learn that Ms. Ebanks was the first recipient of the award established in his name. Ms. Ebanks, nee Hurlston, was pivotal in women receiving the right to vote in the Cayman Islands. She was one of the sig- natories of an Aug. 19, 1948 letter to the Cayman Islands commis- sioner, noting that after reviewing the Constitution, women intended to exercise their right to vote. The women’s efforts were eventually rewarded with the passing of the Women’s Suffrage Act in 1958, and Ms. Ebanks seized the occasion to emphatically encourage all those who could to go out and vote in the election on May 24. During the event, Ms. Ebanks shared a memory with Mr. Wright, showing him a graduation photo of herself. Ms. Ebanks also spoke with young museum staff members, in- cluding Shenice McField, who thanked Ms. Ebanks for paving the way for women such as herself. To learn more, email info@ museum.ky or call 949-8368. Ms. Ebanks, nee Hurlston, was pivotal in women receiving the right to vote in the Cayman Islands. Georgette Ebanks with representatives from the National Museum, her family and the Thompson family. Georgette Ebanks points to her signature on a reproduction of the Aug. 19, 1948 letter to the Cayman Islands commissioner, noting that women intended to exercise their right to vote. Casa Montessori students did their part for the planet on April 28, donning their Earth Day T-shirts to support the National Trust’s conservation efforts. - PHOTO: CLARE O’KEEFE THORPE Students support Earth Day Triple C School will hold the Ena Merren Memorial 5K Walk/Run on Saturday, May 13. All Triple C parents, staff, students, alumni, friends and walkers and runners of all ages are invited to come out to support “A Walk Through Time.” All proceeds will go toward beautifying the early childhood education and elemen- tary playgrounds, and to the Ena Merren Memorial Scholarship Fund, according to a press release. The route will start at Triple C School, proceed to the intersection of Mulberry Drive and Walkers Road, and return back to the school. Adult pre-registration is $20; registra- tion on the day is $25. Registration for par- ticipants 8-18 years old is $15, and “Little Sprinters” registration for kids under 8 is $10, which includes a special goodie bag. All registered participants will receive a 75th Triple C Anniversary keepsake T-shirt (while supplies last), and a breakfast and prize draw ticket. Awards will be presented to the men, woman, boy and girl (8-18) with the best race times. To register, call the school office at 949-6022 or register online at www.caymanactive.com. Triple C Walk/Run this weekend7 LOCAL NEWS CAYMAN COMPASS • MONDAY MAY 8, 2017 Fake news claims Macron had secret Cayman accounts MICHAEL KLEIN mklein@pinnaclemedialtd.com Fake documents posted anony- mously on websites Mixtape and 4Chan on May 3 purport that French presidential candidate Emmanuel Macron had set up a company in Nevis and maintained a bank ac- count in the Cayman Islands. After the two documents ap- peared on an image-based bulletin board that allows anyone to post comments and share images anon- ymously, they were shared widely over the internet. The documents were meant to suggest that Macron had created the company for purposes of tax eva- sion, news reports stated. The fake documents included a so-called “operating agreement” for La Providence LLC, a limited li- ability company purportedly set up by Mr. Macron and bearing his sig- nature. La Providence is the name of Mr. Macron’s high school in his hometown of Amiens. The anonymous user also posted the image of a crudely manipu- lated fax addressed to the Nevis company with a letterhead and ad- dress of CIBC FirstCaribbean in the Cayman Islands. The fax mentions the return of a check, ostensibly to suggest a relationship between the company and the bank. A spokesperson for CIBC FirstCa- ribbean said in a statement emailed to the Cayman Compass: “We have examined the image of the fax cover document purporting to come from CIBC FirstCaribbean. We can con- firm that it did not originate from CIBC FirstCaribbean and it is not a bank document.” Nevertheless, allegations of se- cret offshore accounts held by Mr. Macron made it into the final elec- tion debate later that day, May 3. Marine Le Pen, the Front National candidate for the French presidency, told her political opponent: “Pay at- tention to what you say, Mr. Ma- cron. I hope we will not learn that you had an offshore account in the Bahamas.” Mr. Macron retorted: “This is slander.” The following day he filed a complaint against unknown persons for spreading false information and attempting to manipulate the elec- tion. Prosecutors confirmed they had opened an investigation in response to Mr. Macron’s complaint. A statement from Mr. Macron’s En Marche! Campaign on May 4 said, “Here is how a fake news makes its way in a few hours to the heart of the French presidential campaign.” Speaking on French radio on May 4, the centrist candidate said the in- formation was “fake news and lies” from “sites, some of which were linked to Russian interests.” A cyberattack on French TV sta- tion TV5 two years ago that took the channel off air and nearly de- stroyed the network was later as- cribed to hackers linked to the Rus- sian government. In April, cybersecurity firm Trend Micro reported it had found evi- dence that the same hacking group, called Fancy Bear or APT28, cre- ated at least four different domains with addresses very similar to the name of Mr. Macron’s party and its official website for phishing attacks designed to obtain private email and website passwords. There are indications that the fake documents originated from California. The Associated Press reported that some of the language in the “operating agreement” comes from a guide to forming limited liability companies in California. The Macron campaign noted that the Twitter ac- count of a far-right activist and felon based in northern California men- tioned the documents first. The fake documents included a so-called “operating agreement” for La Providence LLC, a limited liability company purportedly set up by Mr. Macron and bearing his signature. French presidential candidate Emmanuel Macron and his wife Brigitte are greeted by supporters after casting their votes in Le Touquet on Sunday. - PHOTO: AP8 LOCAL NEWS Check out these photos and others by visiting caymancompass.com/photogalleries or on facebook.com/caycompass (and don’t forget to tag yourself and your friends!) MONDAY MAY 8, 2017 • CAYMAN COMPASS Cayman’s annual carnival took to the road Sat- urday, with thousands lining the parade route to take in the montage of culture and color. The Grand Batabano Street Parade ended in George Town, where the Batabano Bazaar food and crafts festival was held. The street party continued downtown with local DJs performing on three stages. The carnival kicked off with the Batabano Friday Night Fête “Outta De Blue.” Flow’s theme was ‘Fantasy with Flow.’ Logic’s theme was ‘Rhythm and Booze.’ Carnival Nationz’s theme was ‘Spiny Lobster.’A member of the group Fresh Carnival. Fresh Carnival’s theme was ‘Candy.’ Batabano is one of the most popular festivals in Cayman. Creativity is key for all of the costumes. The event is all about having a good time. A member of the group Fresh Carnival, whose theme was ‘Candy.’ – PHOTOS: TANEOS RAMSAYThe islands’ most-trusted news source 9 CAYMAN COMPASS • MONDAY MAY 8, 2017 one does not exist for Little Cayman despite past stra- tegic planning efforts. The arbitrary selection of a road corridor without a Strategic Environmental Assess- ment or any form of stra- tegic consideration against a long-term development strategy is not an approach supported by the DoE.” She said the people of Little Cayman are generally opposed to development and suggested there was no obvious need for a new road to meet the island’s trans- portation requirements. “Gazetting of this major road without proper de- velopment control mecha- nisms is certain to trans- form land use on either side of the corridor leading to wider reaching develop- ment impacts affecting the character of the island. NCC should bear in mind that the local community holds very strong views regarding the long-term development vision for Little Cayman, with most residents de- siring the island remain predominantly undeveloped with low-density residential and boutique tourism.” The proposal was re- vised from a much longer route, previously re- viewed by the Department of Environment. The council unani- mously agreed to require an EIA before the route could be officially gazetted and to remind District Admin- istration that they were re- quired to separately consult the council before begin- ning clearing on the portion of the route that was previ- ously approved. Mr. Panton’s opponent, former Progressives back- bench MLA and now in- dependent candidate Alva Suckoo, said, “It’s a classic case of mismanagement. “The situation didn’t come up yesterday. The urgency [of it] was not addressed,” Mr. Suckoo said. “People’s lives were put on hold. People didn’t know what was going to happen. Now we’re seeing the lawsuits piling up.” Independent Newlands candidate Raul Gonzalez, Jr. said it was difficult for him to even comment on what government should do to ad- dress the permanent resi- dence delays because he had not seen the taxpayer- funded, $312,000 consultant’s report, known as the Ritch Report, that was commis- sioned to guide government on the matter. “They didn’t act on [the report],” Mr. Gonzalez said. “It just goes to show, they spend money on these re- ports, as usual, and put them on the shelves to collect dust. It’s peoples’ lives they are playing with. “These are people who contribute to our society … they’re just in limbo. It’s unacceptable.” Immigration-related mat- ters, including voters’ con- cerns about permanent residence, work permit ap- plications and local employ- ment issues, dominated the Chamber candidates forum Friday night at Savannah Primary School. Immigra- tion matters were the subject of five of the roughly dozen question the three candi- dates fielded. It was an audience ques- tion that sought to determine the three candidates’ posi- tion on the current backlog of permanent residence applica- tions that drew the most con- troversial responses. Minister Panton insisted the Progressives Cabinet had taken a number of actions to ensure the legal difficul- ties with the permanent res- idence applications could be addressed, and he believes some applicants could have their cases heard shortly. “Overall, for us to continue to succeed as a country … we have to have skilled people who are part of our country,” Mr. Panton said, pointing to the example of teachers who educate Caymanian children. “Why shouldn’t they be able to become permanent resi- dents and eventually Cayma- nians as well?” Mr. Suckoo said he thought the current permanent residence points system used to determine which applicants would be successful in bids to remain in Cayman for the rest of their lives was too heavily weighted toward wealthier applicants. He said the points system should focus more on societal integration. “We need to focus on the quality of individuals,” he said, “rather than just looking at what property they own and how many dogs they’ve walked.” The three candidates were asked whether they would support the forma- tion of a quota for both per- manent residence and Cay- manian status applications each year, meaning a max- imum number of approvals for each of those immigra- tion categories. The Cayman Islands government pro- posed such a system in 2002-2003, but it was never implemented. Mr. Gonzalez said he would support such a system, Mr. Panton said he did not. Mr. Suckoo said he might support quotas set for certain jobs or industries, but not a blanket cap on resi- dency or status approvals for all non-Caymanians. “We don’t want to be overburdened,” Mr. Gonzalez said. “Our infrastructure can only handle so much and we need to take time to grow.” Mr. Panton said while he might change his mind in five or 10 years, right now the territory still needs the skills of foreign workers to help it grow. “I’m not one of those that think diver- sity … is necessarily a bad thing,” he said. Mr. Suckoo said Cayman has created a quandary with its current immigration pol- icies. The government is en- couraging entrepreneurship among its people, which it needs growth to support. However, he said the country does not have the proper in- frastructure to support that growth at the moment. “I don’t really think we need to have an over-arching quota on permanent resi- dence,” he said. “But I think we need to be a bit smarter on how we’re granting it.” No applications for per- manent residence have been approved in Cayman under the current version of the Immigration Law since it took effect on Oct. 26, 2013. About a dozen or so resi- dence applications were de- nied, but all of those denials occurred during 2013-2014. The new Immigration Law regulations that took effect in October 2013 made it more difficult for applicants to ob- tain permanent residence, increasing the number of points they must receive from 100 to 110. However, court challenges to the permanent residence application process since 2004 have led the judi- ciary to issue rulings ques- tioning the fairness and even the legality of certain deci- sions made by immigration- related boards in Cayman. judgment as “P,” cannot walk, talk or eat solid food, and her mother has been left struggling to fund a lifetime of care. In an earlier judgment in the same case, published in February last year, Jus- tice Williams ruled that Sec- tion 12 of the HSA Law pro- vided blanket immunity from medical malpractice suits for anyone who works for the au- thority, except in cases where “bad faith” could be proved. In his latest ruling, he de- cided the advent of the Con- stitution and Bill of Rights had essentially made this clause illegal. But he indicated that those rights did not exist when the alleged negligence occurred. “The Bill of Rights cannot create a new obligation on the defendants that did not exist at the time. The rights arising from the Bill of Rights cannot, in the absence of clear words, apply retrospectively to remove the defendants’ immunity from liability defence that they could rely upon at the time of the events in 2005.” Justice Williams also de- cided that the amended 2016 HSA Law, which removed the immunity provision, could not be applied retroactively. Despite those decisions, he said he had gone on to con- sider the constitutionality of the original law. He said, “This may be the first time that a court in any jurisdiction has had to con- sider the lawfulness of statu- tory provisions removing ac- cess to civil proceedings in respect of all claims of clin- ical negligence.” He said the absence of legal redress in cases of hospital negligence breached sections 2, 3 and 9 of the Bill of Rights, covering the right to life, the right not to be subject to in- human and degrading treat- ment and the right to a private and family life. He wrote, “I am satisfied that the shortcomings in the law preventing P from seeking appropriate civil redress, having regard to the nature of this case, means that there has been a failure to provide an ef- fective judicial system.” He added that if he had not ruled that the Bill of Rights did not have retroactive impact, and therefore did not apply in this case, he would have made a declaration that Section 12 of the old law was incompatible with those rights. “The state would be in vio- lation in respect of its duty to make available judicial rem- edies capable of holding ac- countable those responsible for P’s life-threatening injuries and provided appropriate civil redress to P.” The judgment may assist anyone who suffered serious injury as a result of medical negligence between the intro- duction of the Bill of Rights in 2012 and the change of the law in 2016, according to James Kennedy, a partner at KSG At- torneys at Law. He said Donette Thompson was in the unfortu- nate position that the timings of the injury and the introduc- tion of the Bill of Rights re- sulted in her being unable to benefit from the decision. “Donette’s case may well help other people who suffered serious injury between 2012 and 2016 and her case will def- initely help people who sustain injury as a result of negligent treatment since the change of the law but unfortunately the decisions in the case to date, which is still before the Court, don’t help her directly. “The Legislature here re- moved the immunity in 2016 but this doesn’t help Donette because the new law also doesn’t have retrospective ef- fect and only changes the law for people who suffered injury in 2016 and afterwards.” Similar immunity clauses exist in several other pieces of legislation. The National Roads Authority Law, the Air- ports Authority Law, the Devel- opment and Planning Law, the Monetary Authority Law and the Maritime Authority Law all contain an almost iden- tical version of section 12 of the HSA Law. Mr. Kennedy said the legal ruling would not im- pact those laws. “The finding of incompati- bility doesn’t necessarily mean that immunity in other laws would be found to be in breach of the Bill of Rights as the finding here is limited to cases where life-threatening injuries or death occurs.” The Newlands candidates, from left: Minister Wayne Panton, Raul Gonzalez Jr. and MLA Alva Suckoo. They fielded a number of questions about immigration matters Friday night at Savannah Primary School. - PHOTO: BRENT FULLER Little Cayman road proposed Hospital immunity clause was unlawful, judge rules CONTINUED FROM PAGE 1 PR delays ‘classic case of mismanagement’ “There are lots of people whose lives, they feel, are in limbo. They feel they are unable to move on. It has really been too long in that situation.” WAYNE PANTON, financial services minister CONTINUED FROM PAGE 1 CONTINUED FROM PAGE 1 “The local community holds very strong views regarding the long- term development vision for Little Cayman.” GINA EBANKS-PETRIE, director of the DoENext >