SECTION | PAGE ## TITLE FOR THE SPORT/ BUSINESS SKYBOX FRIDAY MARCH 2, 2018 • CAYMAN COMPASS ‘Barefoot in the Park’ The Cayman Drama Society’s latest production opens next week B2 PAWS In The Sand moves to George Town Animal fundraiser switches Rum Point for Grand Old House B5 Events Movies & Television Events ■ EVENTS Walk in Her Shoes Men prepare to take to the Market Street runway in high heels. B6 Barefoot Beach Gala at Royal Palms Annual charity event promises great social evening B3 The Oscars celebrates the best in film Two film critics weigh in on who will win ... and who should B7 STOLI FLAVOURS 2 for $56 Until 31 July Registered Merchant of CaymanGiftCertificates.com Fine Wine and Spirits TORTUGA 15 stores island-wide and Mary Lou’s in Cayman Brac. For more information, please call 949-7701. BUY BEFORE YOU FLY TORTUGA NOT AVAILABLE AT AIRPORT DUE TO RENOVATIONS PHO TO - TANE OS RAMS AY CAYMAN WEEKENDER Walk in Her Shoes EDITORIAL | PAGE 4 THE INJUSTICE OF OPEN-ENDED POLICE BAIL High of 84 Low of 72 Slight with wave heights of 1 to 3 feet. ESTABLISHED 1965 www.caymancompass.com – 75 CENTS – FRIDAY MARCH 2, 2018 SEVEN MILE BEACH WATERFRONT WALKERS ROAD TOWN CENTRE PLAZA RED BAY NOW AVAILABLE OR COMPASS INVESTIGATIVE REPORT 99 suspects on police bail without charges JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Prominent members of the Cayman Islands criminal jus- tice community, including the po- lice commissioner and director of public prosecutions, have ac- knowledged concerns about the use of “police bail” after it emerged that nearly 100 criminal suspects had restrictions placed on their freedom – many for more than a year – without facing any official charge or form of court oversight. At the end of 2017, there were 99 people on police bail, according to the results of a Freedom of In- formation request filed by the Cayman Compass. That list included 14 people who had been on bail without charge for more than a year, and five for more than two years. The longest any single individual had been on police bail is nearly three years, in the case of a 33-year-old man who was arrested on suspi- cion of theft in February 2015. The variety of offenses sus- pected to have been committed by the 99 individuals in the data set spans the gamut of criminal ac- tivity, from minor traffic offenses and possession of ganja to se- rious wounding cases and con- spiracy to murder. Officers often place criminal suspects on this type of bail in the early stages of an investiga- tion when there is not enough ev- idence to bring charges and start court proceedings. But criminal defense law- yers believe it is being overused in Cayman, to the detriment of civil liberties. Amelia Fosuhene of Brady At- torneys-At-Law said there was no justification for police and pros- ecutors not making a decision on charges swiftly. She said clients were often kept waiting for a decision for several months, even in relatively simple cases, because police had simply not progressed on the investigation. In the U.K., the law was changed last year to restrict the time anyone could be kept on po- lice bail to a maximum of 28 days. That limit can be extended to three months by senior officers in particularly complex cases, but anything longer must be approved by the courts. At the time, British Home Sec- retary Amber Rudd said, “Pre- charge bail is a useful and neces- sary tool, but in many cases it is being imposed on people for many months, or even years, without any judicial oversight – and that cannot be right.” The Cayman Islands Bail Law (last revised in 2015) imposes no such restrictions, and the Police Law (last revised in 2017) indicates only that officers are required to send evidence files to the Director of Public Prosecutions for a deci- sion “as soon as is practicable.” Ms. Fosuhene believes the Cayman Islands should follow the U.K.’s lead and impose a set time limit. She said suspects on police bail often faced serious restrictions on their liberty, sometimes for over a year, without any pressure on the investigating officers to pro- duce evidence. “I think we do need legisla- tion (like the U.K.’s) that restricts the police power to leave people on bail indefinitely,” Ms. Fosuhene said. “The police have the power to give a curfew, they have the power to restrict you to an address, to take your passport, they can put an ankle monitor on you as part of your bail conditions. “There is little regard for the impact it has on your life.” She said in many cases, in her experience, there was little justifi- cation for long delays and clients were having bail extended simply because police had not got around to doing the work or had not turned up for the bail date. “A lot of these are not long and complicated issues,” she said. “Why can’t the police have the same re- strictions as the U.K.? A time limit would focus the police to do their jobs and to do it efficiently.” In response to questions from the Cayman Compass, the Royal Cayman Islands Police Service re- leased a brief statement from Commissioner Derek Byrne ac- knowledging that the system was overdue for review. He said, “It is timely for po- lice bail procedures to be reviewed in conjunction with colleagues at the Office of the Director of Public Prosecutions to ensure that the principles of natural justice and fair procedures are observed, and that the system is effective for both Parting message from Governor Helen Kilpatrick It is with great sadness that I leave the Cayman Islands. From the moment I ar- rived in September 2013 – on the Honor- able Premier’s birthday no less – I have felt welcome and happy here. I will always re- member the special introductory events that each district so generously gave me. They were a wonderful start to my learning about the history and culture of the people of the Cayman Islands. The role of the Governor is both inter- esting and varied and I have enjoyed it im- mensely. This is in no small part down to two special people. I would like to thank the Honorable Premier, Alden McLaughlin, for the way he has lead his two governments with great integrity and dignity. We have always enjoyed a cordial and productive working relationship and I like to think that this has strengthened the bond between the Cayman Islands and the United Kingdom. The second person is, of course, the Hon- orable Deputy Governor, Franz Manderson, whose leadership of the civil service in the Cayman Islands is truly exemplary. He has set out a clear vision of the excellent civil service that he believes the people of the Cayman Islands deserve and works toward that aim with enormous energy and enthu- siasm. I would like to thank Franz for all his help and wise counsel. I am grateful for the work of all the committed civil servants that he leads. The work of the Governor and the Gov- ernor’s Office is sometimes misunderstood. PLEASE TURN TO PAGE 9 » PLEASE TURN TO PAGE 8 » Governor Helen Kilpatrick will leave Cayman on Monday, March 5. - PHOTO: CHRIS COURT The Prisoner Detention Centre off Fairbanks Road, where most police bail applications are handled. - PHOTO: TANEOS RAMSAY2 LOCAL&REGIONAL FRIDAY MARCH 2, 2018 • CAYMAN COMPASS Mobile: 345-323-8573 Office: 345-943-8573 / Fax: 345-949-9753 heather.richards@remax.ky / www.remax.ky Heather Richards Member of CIREBA That’s the sign of a RE/MAX agent® First Choice for all your Real Estate Needs Buy • Sell • Lease 943-8573 Schools compete in track meet SPENCER FORDIN sfordin@pinnaclemedialtd.com The swiftest kids in Cayman got a chance to mea- sure themselves against their peers on Thursday. Nearly all of Grand Cayman’s sec- ondary schools competed in the 2018 Inter-Secondary Track & Field Meet at Truman Bodden Sports Complex on Thursday, and they will come back to compete for a second day on Friday. The athletes were divided into five age groups – 12 & under, 14 & under, 16 & under, 18 & under and 18+ – and they competed in sprints, hurdles, relays, shot put, discus, jav- elin, long jump and high jump. Carl Morgan, a three-time gold-medal winner at the Is- land Games in the triple jump for Cayman, doubles as a track coach for John Gray High School. Mr. Morgan was thrilled to have his athletes competing at a high level and enthusiastic about the pros- pects of several local jumpers. “It’s great because we get to see all the talent show- cased among all the schools on island,” he said. “We also get to see some of the future up-and-coming athletes that we can groom. We have a lot of poten- tial here that can one day in the future maybe com- pete to represent Cayman internationally.” Mr. Morgan said that his athletes have been in training since the start of the school year and that sev- eral of the kids are mem- bers of extracurricular track clubs. Those young run- ners have probably been training since September, which means they have had half a year to get to their peak performance. “It’s a lot of fun,” said Mr. Morgan of watching his run- ners compete at a high level. “We know that without the parents’ support and without the support of some of the other schools, we’d never re- ally have a good competi- tion. It’s good for the ath- letes to get to compete in front of their peers.” The track meet is hosted by the Ministry of Education, the Department of Education Services and the Department of Sports, and it will wrap up with a second day of compe- tition on Friday. Cyril Gairy, a coach for Clifton Hunter High School, said his ath- letes have had great success in this meet. “Over the past four years, we’ve been the champions three times,” he said. “We lost it last year to John Gray, but we hope to win it back this year. They have a slight advantage because they have use of a track where we don’t have that at Clifton Hunter. We run on the grass.” Mr. Gairy also said that his track team does not have access to long jump or high jump facilities at Clifton Hunter, but many of his athletes are involved in after-school programs where they work with top- notch equipment. For these two days, at least, everybody is playing on a level playing field. “The kids look forward to this,” he said. “We’re in the country, and for a lot of them, this is a chance to come to town. They’re enjoying it. It’s a bit tough, but in life, nothing comes easy unless you fight for it.” A field of competitors takes off in the 100 meter dash.An early leaper scales the high jump bar in unorthodox fashion. GOVERNOR KILPATRICK FLIES OUT MONDAY Governor Helen Kilpatrick steps down from her role as Queen Elizabeth II’s repre- sentative in the Cayman Is- lands on Monday. Ms. Kilpatrick will be replaced temporarily by Deputy Governor Franz Manderson until new Gov- ernor Anwar Choudhury ar- rives on March 25 with his wife and three daughters. A farewell reception for Governor Kilpatrick will be held Friday evening at Gov- ernment House on West Bay Road, which will be attended by invited guests, many of whom are people she has worked with during her four- and-a-half-year tenure. Governor Kilpatrick is scheduled to fly out of the Cayman Islands Monday af- ternoon, after attending a small reception at the Gen- eral Aviation Terminal, at- tended by Premier Alden McLaughlin, Deputy Governor Franz Manderson and senior public servants. Following the reception and before boarding her flight, she will carry out her final inspection of the guard. “It’s gr eat because we get to see all the talent showcased among all the schools on island.” CARL MORGAN, John Gray High School coach Blackout hits Puerto Rico after two power plants shut down SAN JUAN, Puerto Rico (AP) – A blackout hit Puerto Rico’s capital and surrounding areas on Thursday after two of the U.S. territory’s main power plants shut down as of- ficials warn the power company is struggling to remain operational. The capital of San Juan was left without power, along with the neighboring municipali- ties of Caguas, Bayamon and Carolina, company spokeswoman Yohari Molina told The Associ- A farewell reception for Governor Kilpatrick will be held Friday at Government House. ated Press. She said crews were working to repair the problem but that it was not clear how many cus- tomers were affected by the outage. More than 970,000 people live in the areas hit by the blackout. By Thursday afternoon, of- ficials announced that power had been restored to the is- land’s main international air- port and several hospitals. Puerto Rico’s Electric Power Authority tweeted that the Palo Seco and San Juan plants shut down to protect the electrical system, but it is unclear what caused the shutdown. Power company director Justo Gonzalez said crews flying over a main power line found the failure just miles from a power plant in southern Puerto Rico and were working to repair it. He added that one of the power plants that shut down ear- lier in the day was slowly coming back online. While officials said the outage was limited to four municipalities, people on so- cial media were reporting outages in other areas as well. The blackout also knocked out water service to dozens of neighborhoods, in- cluding the historic part of Puerto Rico’s capital known as Old San Juan. Thursday’s power outage comes nearly three weeks after a fire erupted at one of the company’s substations, knocking two power plants offline, leaving some people without power for two days. The investigation into that incident is still ongoing. Juan Manuel Fer- nandez, a 44-year-old cus- tomer service representa- tive who lives in Caguas, was affected by Thursday’s outage as well as the Feb. 11 outage, which occurred just days after crews restored power in his neighborhood more than five months after Hurricane Maria. “You just resign yourself,” he said of the newest outage. “It’s become normal.” Overall, more than 15 percent of power customers remain in the dark nearly six months after Hurricane Maria, which destroyed two- thirds of the island’s power distribution system. Of- ficials have said they ex- pect power to be fully re- stored by May.The islands’ most-trusted news source 3 CAYMAN COMPASS • FRIDAY MARCH 2, 2018 Each office independently owned and operated. RE/MAX Cayman Islands, 7 Mile Shops, Grand Cayman. CIREBA Member. MLS# 406232-406246 James Bovell (345) 945-4000 james.bovell@bovell.ky www.bovell.ky Kim Lund (345) 949-9772 kim.lund@remax.ky www.caymanlundteam.com L U X UR IO U S L I V I N G O N T HE W A T E R F RO N T W W W . S T O N EI S L A N D C A Y M A N . C O M Canal-front villas in the exclusive Yacht Club community, with 4500 square feet of open concept living and an amenity collection beyond expectation. OUTDOOR AMENITIES:AMENITY BUILDING: • Discreet 24-hour security • Expansive mosaic-tile infi nity edge pool & cabana • Tennis court • Boardwalk • Docking facilities • Lush landscaping • Barbecue pavilions • State-of-the-art fi tness studio • Private screening room • Waterside owner’s conservatory • Children’s center • Chef’s kitchen • Owner’s wine storage Open House SATURDAY • MARCH 3RD • NOON – 2P. M . LOCATED ON YACHT DRIVE, JUST PAST VISTA DEL MAR. S HO W HOM E S NO W OP E NThe 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” Anyone who values personal freedom and the swift execution of justice should be deeply concerned by today’s front page story: A Compass investigation reveals that 99 people in the Cayman Islands were being held on pre-charge bail at the end of 2017, including 14 people who had been living under a cloud of suspicion – and without judicial oversight – for more than a year. Although none had been formally charged with any crime, police suspected them to have been involved in crimes as minor as traffic infractions, or as grave as con- spiracy to murder. During their tenure on police bail, they have no way of knowing when – or even if – they would be given an opportunity to clear their names, or be called into court to account for their misdeeds. We accept that “police bail” can be a useful tool for law enforcement in the early stages of criminal investiga- tion. It is a means for officers to prevent suspects from disappearing while they collect evidence needed to bring a formal charge. But with no judicial oversight, and no end in sight, police bail gives investigators potentially unchecked power to monitor or restrict the movement of private individuals – including foreign nationals, whose passports may be seized, forcing them to remain on island, often without employment, and sometimes separated from family members overseas. A cloud of suspicion hovers over these citizens while postponing their opportunity to prove their innocence. It delays (and can even deny) adju- dication and punishment for those who can indeed be proven guilty of their crimes. If it is true that people operate by incentive (and we believe it is), current rules governing police bail in Cayman are calibrated poorly. Rather than encouraging swift and thorough criminal investigation, the status quo allows police to keep suspects on a string – indefinitely. Local attorney Amelia Fosuhene, who favors stronger restrictions on police bail, said: “A time limit would focus the police to do their jobs and to do it efficiently.” Sounds logical. Last year, U.K. lawmakers voted to curtail significantly the use of police bail to a maximum of 28 days before requiring approval of senior officers or a court. In the interests of personal freedom and public safety, Cayman’s lawmakers should consider following (or at least studying) our sovereign’s lead. The good news is that our law enforcement leaders appear to agree on a potential shift in this public policy. Police Commissioner Derek Byrne said a review of the procedures would be “timely,” while Director of Public Prosecutions Cheryll Richards said her office is reviewing the U.K.’s reforms and will work with police to make rec- ommendations for possible changes in Cayman. Several attorneys interviewed by the Compass said they supported limiting the use of police bail. As criminal defense lawyer Lee Halliday-Davis said, “If you have someone that wants to travel or start a new job, or to get on with their lives, it is hanging over their heads constantly. It means they can’t get on with their lives, and it keeps them in limbo.” Clearly, the time has come to limit and clarify the time Cayman’s residents can be forced to spend on police bail – or at least to have their case heard before a judge. The injustice of open-ended police bail FRIDAY MARCH 2, 2018 • CAYMAN COMPASS Cheer the motorist who destroyed DC speed-trap I periodically fret that individualism is dying in the United States and that Americans are mor- phing into handout- loving Europeans. Well, the spirit of 1776 is not completely dead. There are still some Americans who stand up against the greedy, grasping, and op- pressive state. I heartily applaud the guy caught on video (and not just for personal reasons) for doing what I have thought about many times. Video of the alleged sus- pect destroying a Wash- ington, D.C. speeding camera was widely circu- lated on Twitter. Sonny Bunch, writing for the Washington Free- Beacon, applauded the pro- liberty vandalism: “Obviously we shouldn’t cheer all those who destroy the state’s property or all those who circumvent ef- forts to enforce the law,” Bunch wrote in a blog post. “But some laws are unjust. Some of the state’s property serves to oppress. Some- times you need a hero …. some laws are good and just. Prohibitions against rape and murder, for instance. We need them. Without laws we are savages. But speed cameras are not in- cluded in the “good and just” category. They are rev- enue-producing monstrosi- ties designed to suck people of their money in order to fill the coffers of bureau- crats … If the corruptocrats in D.C. try to imprison this hero, I promise to lead the resistance in an effort to spirit him southward. We shall protect you, brother. You are one of us now.” I fully concur. Moreover, this appar- ently was not a one-off gesture. Washingtonian reports that numerous cam- eras were knocked out of action. In the article, Ben- jamin Freed writes: “An unidentified man suspected of smashing 11 of the District’s traffic cam- eras that produce tickets for drivers who speed or run red lights is being cel- ebrated by some as a hero after DC Police released footage of one camera’s vio- lent demise. Police say that the cameras, located mostly around Northeast DC, were reported to be malfunc- tioning last Tuesday. When officers checked out the lo- cations, they found the cam- eras damaged as a result of vandalism.” By the way, I have no ob- jection to cameras that nail jerks who blow through an intersection three seconds after a light has turned red. Those are people who risk innocent lives. But the cameras I’ve no- ticed are set in spots where the speed limit is set ab- surdly low. In other words, they are the modern-day version of the speed traps that used to characterize corrupt small towns. Some people object to speed cameras but think red-light cameras are OK. As already noted, I agree with their safety concerns, but that is not how govern- ment operates. They have turned red- light cameras into a scam, as explained in this Reason video. Greedy politicians ac- tually do dangerous things like shortening the yellow light simply because they want to produce more cash. No wonder they actually cause accidents! Moreover, Holman Jen- kins of the Wall Street Journal explained several years ago how cameras are first and foremost set up to generate money, not to promote safety. And here’s something else that irritates me. I’m guessing that the cops will put a lot of time and en- ergy into tracking down the guy who knocked the cam- eras out of commission. Why? Because this is an issue that generates revenue for politicians. Which raises the bigger issue of whether law en- forcement resources are wisely allocated. We saw in Florida that local cops ig- nored dozens of calls and warnings about the nutjob loser who killed the stu- dents in Parkland, Florida (the FBI also dropped the ball as well since they were tipped off). I wonder how often those same cops were busy operating speed traps, engaging in asset forfei- ture, and otherwise shaking down residents for cash? The good news is that the heroic vandal who has gone after D.C.’s cameras is just the tip of the iceberg. Arizona residents basically killed a revenue-camera scam with civil disobedi- ence. And Houston voters voted to shut down the shakedown being operated by their city government. This spirit of resistance should be nationwide. Here are three closing observations. 1. Let’s hope this guy does not get caught. 2. Let’s also hope that other motorists follow his example and destroy other speed-trap cameras. 3. Finally, let’s hope that a jury will engage in nullifi- cation if the guy is caught. Daniel J. Mitchell, chairman of the Center for Freedom and Prosperity, is on the Editorial Board of the Cayman Financial Review. DANIEL J. MITCHELL DANIEL J. MITCHELL By the way, I have no objection to cameras that nail jerks who blow through an intersection three seconds after a light has turned red. Those are people who risk innocent lives.The islands’ most-trusted news source 5 CAYMAN COMPASS • FRIDAY MARCH 2, 2018 6 LOCAL NEWS FRIDAY MARCH 2, 2018 • CAYMAN COMPASS ‘If we fail to listen … we fail’ Police seek new deal with public BRENT FULLER bfuller@pinnaclemedialtd.com At 5:58 p.m. Tuesday eve- ning, Police Commissioner Derek Byrne was sitting at a table all alone in the meeting room of the James M. Bodden Civic Centre in the Bodden Town district. Mr. Byrne was the first one to arrive for the public meeting that evening. Another 40-50 people showed up after the commissioner. “C’mon in, you can ask me any question you want now,” Mr. Byrne said to an ar- riving attendee. The veteran of the An Garda Siochana police ser- vice in Ireland said two sen- tences to start the meeting, asking residents to provide input on what they thought police could improve. As the course of the evening went on, other RCIPS officers spoke at length about plans to improve policing, but Mr. Byrne largely remained silent – listening to more than two hours of con- cerns from the public. Local restaurant owner Tony Powell told of one in- stance where an officer who had pulled his wife over yelled at Mr. Powell to “get out of here” when the restaurateur arrived on the scene of the traffic stop. Mr. Powell ques- tioned whether anyone would have simply passed by if they saw their spouse pulled over at the roadside. “That cop will never get one piece of information from me because of his behavior,” Mr. Powell said, adding in an- other anecdote where RCIPS officers were apparently called to his restaurant by a customer who did not receive French fries with his order. “Confidence in the police has eroded over the years,” Mr. Powell continued, urging police officers to stop by his restaurant and others while on duty. “It won’t come today, but we can slowly start to work with you. All the people in the eastern districts are ready to offer you coffee, juice … they won’t give you infor- mation unless they are fa- miliar with you.” Commissioner Byrne re- sponded to Mr. Powell’s con- cerns: “If we fail to listen, if we fail to hear, we fail.” Mr. Byrne and RCIPS In- spector Winsome Prendergast told the civic center audience that a significant number of officers have been swapped out from the from Bodden Town station and replaced with new ones. In addition, four new community “beat” officers have been assigned to Bodden Town strictly to walk the neighborhoods and meet local residents. “Too many times, we have complaints that officers are driving by with their win- dows rolled up,” Inspector Prendergast said. “We’re looking at what we can do to improve our service.” Over the past two years, there have been a number of attacks on RCIPS officers that have led to concerns about police safety. Those in- clude the vandalization of a car belonging to a police of- ficer who had responded to a quadruple fatality crash in East End last year, an arson attack on two vehicles owned by a police commander, and half a dozen assaults leading to serious injuries – in- cluding one officer losing an eye and another losing his two front teeth. Mr. Byrne said early in his term as commissioner that the RCIPS “will not abide” attacks on police officers, but that the problem of of- ficers being assaulted while doing their jobs also needs to be addressed by commu- nity policing and rebuilding relationships. “Police officers are mem- bers of the community who are asked to go out and police that community,” Mr. Byrne said. “I’m seeing a lot of ag- gression, a lot of abuse [to- ward those officers]. These [officers] are the frontline de- fense coming to assist mem- bers of our community. We must challenge that funda- mental relationship.” On Monday, the RCIPS launched its fully revamped community policing efforts, assigning a total of 27 police officers on Grand Cayman to perform the same tasks the four community officers in Bodden Town will be doing over the next two years. Mr. Byrne said additional com- munity “beat” officers may be added to the eastern dis- tricts as time goes on and need dictates. Head of community po- licing, Inspector Courtney Myles, believes the effort has already seen an impact. “We recently did a walk- through in Swamp [central George Town neighborhood],” Mr. Myles said. “The public was overwhelmed. They said ‘this is what we want. We want to be able to trust them.’ “I can say right now, the trust is going up on a daily basis,” Inspector Myles said. RCIPS Superinten- dent Robbie Graham cau- tioned that while commu- nity policing officers are often placed in the role of “problem solvers,” they will need help from other government agen- cies to clear up things like derelict cars, stray animals and pothole-ridden roads. “What we can’t do is solve these issues on our own,” Mr. Graham said. “It’s a partnership engagement that’s focused on solving these issues.” “If you get to know [the po- lice] and what you stand for, the members of the commu- nity will have your back,” Mr. Myles said. “They will stand by you, we’ve seen it. I’m certain that going forward, the public will trust the po- lice force more.” Police Commissioner Derek Byrne listens to Savannah MLA Anthony Eden during a public meeting this week. - PHOTO: BRENT FULLERThe islands’ most-trusted news source 7 CAYMAN COMPASS • FRIDAY MARCH 2, 2018 The islands’ most-trusted news source 8 FRIDAY MARCH 2, 2018 • CAYMAN COMPASS JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Criminal suspects kept on police bail, with significant restrictions on their freedom for extended periods of time, could seek judicial review or a declaration of wrongful im- prisonment, according to two senior attorneys. In 2007, James Stenning brought a test case to the Grand Court on behalf of Ca- nadian citizen Daniel Vander- werff, who was accused of stealing more than $200,000 from his employer. The suspect had surren- dered his passport as a con- dition of police bail and Mr. Stenning argued that his client, who lost his job as a result of the accusations, was being detained in the Cayman Islands unlawfully and against his will. Likening the situation to the imprisonment by the British of Napoleon on St. Helena, Mr. Stenning said his client was effectively being imprisoned in the Cayman Is- lands, where he was unable to work or be with his family, who had moved to Canada. He filed a writ of habeas corpus, which requires the de- tained person to be brought before a judge and released un- less lawful grounds are shown for their continued detention. Ultimately, criminal charges were brought against Mr. Vanderwerff before the case proceeded to a final de- cision on the bail issue. According to news reports at the time, he eventually left the island by air ambulance after being involved in an ac- cident and never returned to face the charges. Despite the unusual cir- cumstances, his case remains significant as it is believed to be the only time the Cayman courts have addressed the issue of police bail In his ruling, Justice Al- exander Henderson accepted the principle that a police bail restriction that included the confiscation of a passport could be viewed as a form of imprisonment. The judge commented that a suspect may only be held on police bail in the Cayman Islands for a “reasonable time.” He indicated that what was reasonable would de- pend on various factors, in- cluding the seriousness of the allegations and the dif- ficulty and expense suffered by the suspect in remaining in Cayman against his will. Mr. Stenning said sus- pects who had been on po- lice bail for as long as three years would, depending on the circumstances of the case, have a very good chance of succeeding on a habeas corpus application. “As far as I can recall, the learned judge in the Vander- werff ruling indicated that police have to carry out their investigations into allega- tions within a reasonable amount of time. He was quite firm about that,” he said. He cautioned that the bar- rier to this kind of applica- tion was expense and sug- gested U.K.-style time limits should be imposed by the legislature in the interests of fairness, without someone having to fund a costly legal challenge. “It is great that we have these legal protections,” he said. “However, the reality is that our community still has only a limited ability to ben- efit from these rights if they do not have affordable access to attorneys, through a prop- erly funded legal aid system – not to mention the equally im- portant matter of also having an adequately funded judicial system with the facilities and resources to adjudicate on matters in a timely manner.” Nicholas Dixey, another senior defense lawyer, said being placed on police bail is a restriction of liberty, as are bail requirements such as curfews or reporting to a de- tention center. While generally such re- strictions are lawful when imposed through the Bail Law, he said, police bail without charge cannot con- tinue indefinitely, and an ag- grieved suspect could seek judicial review of a decision to extend police bail beyond a reasonable amount of time. He added, “Statutory limits in other jurisdictions can provide useful guidance on what is considered a ‘rea- sonable’ period, but it may take a judicial review here on the point to prompt a legisla- tive amendment. The sort of provision one might expect in any amendment to the Police Law is a limit to the period of police bail without charge to, say, 28 days that may then be extended by application to a magistrate in chambers.” In loving Memory of Our Darling Jeanne Diane Watler-Miller Feb 04, 1963 – March 02, 1994 Loving memories never die, As years roll on and days pass by In our hearts memories are kept, Of our loved one, we will never forget. Very, very sadly missed by all the family. Charles L. Walton 2nd year in Heaven I can no longer See you with my eyes, or touch you with my hands, but I will feel you in my heart forever. From your wife Cherrie Walton Charles L. Walton Snr May 26, 1944 – March 02, 2016 It’s been two sad years today Since you left us. Sadly missed by your loving daughter, Tanya Walton-Liverpool Condolences can be registered at: www.churchillsfuneralhome.com We have been asked to announce the passing of Mr. Richard Dalton Thompson of Crewe Road, George Town who passed away on Saturday February 24, 2018. A Thanksgiving Service will be held on Saturday March 3, 2018 at 2:00p.m. at Savannah United Church, 17 Astral Way, off Shamrock Road. Interment follows at New Pease Bay Cemetery. In lieu of fl owers, donations can be made to Cayman HospiceCare Condolences can be registered at: www.churchillsfuneralhome.com We have been asked to announce the passing of Mrs. Jolene Ianthie Myles of George Town who passed away on Saturday February 24, 2018. Details of a Thanksgiving Service will be announced at a later date. We have been asked to announce the passing of Mr. Albert Allen Ebanks of George Town who passed away on Monday February 26, 2018. Details of a Thanksgiving Service will be announced at a later date. We have been asked to announce the passing of Mr. Albert Allen Ebanks of George Town who passed away on Monday February 26, 2018. Details of a Thanksgiving Service will be announced at a later date. Condolences can be registered at: www.churchillsfuneralhome.com Condolences can be registered at: www.churchillsfuneralhome.com We have been asked to announce the passing of Mrs. Altameka Joseann Marvelita Price of George Town and East End who passed away on Thursday February 15, 2018. Details of a Thanksgiving Service will be announced at a later date. The family of the Late Ruth Johnston regrets to announce her passing on Thursday, 15 February , 2018. Condolences can be registered at www.boddenfuneralservices.com & Bodden Funeral Service Facebook page A graveside service will be held 10:00 a.m. Saturday, 3 March, 2018 at Prospect Cemetery. victims and offenders.” Several defense lawyers that spoke to this news- paper indicated support for bail time limits. Lee Halliday-Davis, a se- nior criminal defense lawyer, said, “If you have someone that wants to travel or start a new job, or to get on with their lives, it is hanging over their heads constantly. It means they can’t get on with their lives and it keeps them in limbo.” She said when lawyers inquired about repeated bail extensions month after month, they were often told the case was awaiting a legal ruling from the Department of Public Prosecutions. Director of Public Prose- cutions Cheryll Richards said her department’s policy is to respond to investigating offi- cers within 14 to 21 days of receiving evidence files, with an indication of whether the case is strong enough to pursue charges. She acknowl- edged that these responses sometimes included requests for officers to go back and obtain additional evidence. She said urgent matters were dealt with on the day of submission. Ms. Richards said her of- fice is working with police to review the U.K. reforms in order to make recom- mendations around possible implementation in the Cayman Islands. However, she said, the new U.K. system, which cre- ates a presumption in favor of release from bail and sets clear time limits, may not provide all the answers. “The impact of the changes in the U.K. is still being mon- itored by U.K. authorities in order to ensure that the appro- priate balance is maintained and that bail continues to be imposed where it is necessary and proportionate,” she said. She added that the time limits on police bail did not mean suspects were cleared of suspicion. “While the reforms limit the length of time an indi- vidual can be on bail, they do not and were never in- tended to impose limits on the length of time an indi- vidual can spend under inves- tigation,” she said. Under the new U.K. system, she said, suspects could remain under suspicion indefinitely. “The suspicion hangs over that individual and they never know whether or not they will be arrested again, whereas when they were released on pre-charge bail, there was a specific time when that person would come back to the police station. There was a limit to the uncertainty,” Ms. Richards said. Ms. Halliday-Davis sug- gested that sort of uncertainty is already present in Cayman, with clients sometimes re- leased after months on bail without any guarantee that they would not be rearrested. “I have had clients on bail for over a year and it got to the point that they just dis- charged them from bail. There was never any termination for them in relation to the charge for them to know whether it is over or not,” she said. “It just disappears into the ether.” 99 suspects on police bail without charges CONTINUED FROM PAGE 1 WHAT IS POLICE BAIL? Police bail is used when a suspect is released without charge on the condition that he or she return to the police station or, in most cases, the Fairbanks detention center, within a set period of time – usually a month. Police can impose conditions, including curfews, and can con- fiscate a suspect’s passport as part of the bail conditions. No court order is required to extend police bail in the Cayman Islands and the law currently requires only that the police present evidence to prose- cutors for a decision on charges “as soon as practicable.” Unlimited police bail could face legal challengeThe islands’ most-trusted news source 9 CAYMAN COMPASS • FRIDAY MARCH 2, 2018 The family of Venice Viola Green regrets to announce her death on Friday, 16 February, 2018. A funeral service will take place on Saturday March 3, 2018 3:00 p.m. Bodden Funeral Service Chapel, 117 Walkers Rd . Condolences can be registered at boddenfuneralservices.com & Bodden Funeral Service Facebook page. The family of Irene Watler regret to announce her passing on February 20, 2018. There will be a private celebration of her life, and in lieu of cards and flowers please make a donation in her honor to haveaheartcayman.com or caymanislandshumanesociety.com Condolences can be registered at boddenfuneralservices.com & Bodden Funeral Service Facebook page. The family of Sandra Rankin regrets to announce her death on Tuesday, 20 February, 2018. A funeral service will be held 2:30 p.m. Sunday, 4 March 2018 at King’s Seventh Day Adventist Church. Viewing will be from 1:30 p.m. Prior to the service Interment will follow in Boatswain Bay Cemetery. Funeral attendees are encouraged to wear bright colors Condolences can be registered at boddenfuneralservices.com & Bodden Funeral Service Facebook page. The family of Arlene Anette Berry regrets to announce her death on Wednesday, 14 February, 2018. Condolences can be registered at boddenfuneralservices.com & Bodden Funeral Service Facebook page. A funeral service will be held 3:00 p.m. Saturday, 10 March 2018 at Webster United Memorial Church. Viewing will be from 2:00 p.m. Prior to the service Interment will follow in New Bodden Town Cemetery. The family of the Late Capt. Thomas Shelby Hydes bett er known as Capt. Shelby regrets to announce his passing on Tuesday,13 February, 2018. A funeral service will be held on Saturday 3rd March 2018 at 2:00pm at the Church of God, 108 Capt. Reginald Parsons Dr, Mount Pleasant, West Bay. Viewing will be from 12:30 p.m. prior to the service. Interment will follow in West Bay Cemetery. Those who wish to do so, may make a donation to the C.I. Seafarers Association or the building fund of the Church of God at West Bay. Condolences can be registered at www.boddenfuneralservices.com & Bodden Funeral Service Facebook page The family of Dr. William (Bill) Hrudey MBE regret to announce his passing on February 22, 2018. Dr. Bill (as he was known) was preceded in death by his parents Steve & Catherine Hrudey, Left to mourn his death in Cayman is his wife Gigi, in Canada by two Brothers, Terry and Steve, Son William, Daughters Carrie-Lou and Patricia as well several Grandchildren. A celebration of Dr. Bill’s life will be announced at a later date. Condolences can be registered at boddenfuneralservices.com & Bodden Funeral Service Facebook page. Some people have the impression that we just go to cocktail parties – though I have been to quite a few – and others seem to think we are beavering away on behalf of Her Maj- esty’s Government against the inter- ests of the Cayman Islands. Neither of these impressions is remotely true. I said in my introductory speech to the Legislative Assembly that I committed to “well and truly serve the people of the Cayman Islands.” I can only hope I have achieved this. There are many things I am proud to have worked on during my time as Governor. It has been a tremen- dous privilege to be the first female Governor, so being able to help have the Convention on the Elimination of all forms of Discrimination Against Women extended to the Cayman Is- lands was a highlight for me. I hope the work that we have done jointly with the Cayman Islands Govern- ment and Royal Cayman Islands Po- lice Service on strengthening the ar- rangements for safeguarding children will have a lasting benefit for vulner- able children. I was fortunate that the extension to my term enabled me to be here in May to oversee the work of the Elec- tions Office preparing for the first poll under the new single-member constit- uency system. I was delighted that all their hard work paid off and that the Commonwealth Parliamentary Asso- ciation Election Observers found the election to be “free and fair.” I would like to thank the former Speaker, Hon- orable Juliana O’Connor-Connolly, the current Speaker, Honorable McKeeva Bush, and all the Members of the Leg- islative Assembly that I have worked with for their service to the commu- nity of the Cayman Islands. As an accountant, it has been a pleasure to see the Cayman Islands Government and Statutory Authori- ties make such huge improvements in financial reporting during my tenure here. To go from the situation when I arrived where the majority of opin- ions were either qualified, adverse or disclaimed, to the current posi- tion where thirty one opinions were unqualified, only six not, and none at all disclaimed, is truly a remark- able achievement. One of my greatest responsibilities has been ensuring the safety and se- curity of these islands. It is therefore bitterly disappointing that crime is still far too high, particularly crimes involving drugs, guns and burglary. We are, however, fortunate to have dedicated and professional law en- forcement personnel, who are seen as leaders in the Overseas Territories’ community. My office works closely with the RCIPS and other agencies to ensure that the Cayman Islands con- tinues to be one of the safest places in the Caribbean. Current projects to improve border and maritime security are vital to help ensure that violent crime does not take a hold here as it has in other parts of the region. The men and women of the RCIPS and all the emergency services de- serve our full support. They work, often under very difficult conditions, to keep us safe and I thank them for everything that they do. Another important role of the Gov- ernor is to make key appointments. I appoint judges and magistrates on the advice of the Judicial and Legal Ser- vices Commission and I am pleased to say they have consistently recom- mended excellent candidates. The quality of the judiciary here in the Cayman Islands is the bedrock of the successful financial services industry and I would like to thank the Honor- able Chief Justice, Anthony Smellie, and all his colleagues for their ex- cellent work. I also make some ap- pointments directly, and during my time here have appointed Sue Win- spear to be Auditor General, Derek Byrne as Commissioner of the RCIPS, and Sandy Hermiston as the first Cayman Islands Ombudsman. I like to think that the continuing work of these most dedicated and professional public servants will be my legacy to the people of the Cayman Islands. I also make appointments to all the Commissions that play such an important role in upholding the Con- stitution and protecting the rights of citizens of the Cayman Islands. My thanks go to the Chairs and Members who give their time and expertise to this invaluable work. I have been very pleased to have hosted visits from several Foreign Of- fice ministers during my time as Gov- ernor. All of them left with a very posi- tive impression of the Cayman Islands. One issue though, that ministers have consistently mentioned during their visits, has been the lack of recognition of LGBT rights in the Cayman Islands. They all expressed their hopes that the government would bring forward legislation to bring the territory into line with the European Charter on Human Rights and with the Cayman Island’s own Bill of Rights which pro- hibits discrimination. The need for this legislation, and particularly the recognition of same-sex partnerships, is now pressing and I would urge the government to make progress on this legislation to advance the rights of LGBT members of the Cayman Is- lands community. The beauty and diversity of the Cayman Islands environment is second to none, so it has also been a pleasure to work with the Cayman Islands government, the Cayman Is- lands National Trust, the Royal Society for the Protection of Birds and the Central Caribbean Marine Institute to help to ensure this wonderful asset is protected for future generations. I would like to extend my very grateful appreciation to the staff in my office who worked with me on all these important issues. Indeed, they have done all the work. They are not only knowledgeable, professional, and hard working but are also wonderful people who make it a pleasure to go to the office every day. A fair press corps free from po- litical interference is a hugely impor- tant contributor to a democratic so- ciety, and I would like to thank all the Cayman Islands journalists and broadcasters who have – by and large – covered my time here so kindly. But it has not all been work. I have said on many occasions that the in- habitants of the Cayman Islands must be the most benevolent on earth. A huge proportion of the community contributes to voluntary and chari- table work in their own way. I have been honored to be able to play a small part by supporting those orga- nizations that I am patron of – I am afraid they are too numerous to men- tion individually – and other groups who all work tirelessly to help others in need or simply to make the Cayman Islands a better place to live. I would like to thank all these dedicated people who should be proud that they really do make a difference. I would like to single out the Cayman Islands Veterans Association for a special mention. This group of brave men and women do fantastic work helping those who have served their country, and I encourage ev- eryone to support their work. A very special thank you needs to go to all the staff of the Health Ser- vices Authority who looked after my daughter Olivia when she was taken ill very suddenly with meningitis and me when I had a serious acci- dent. Without their skill and profes- sionalism, either incident could have had a very different outcome. We owe them our lives. Many people have welcomed me into their homes and hearts and I am so grateful to have found true friends here. These people know who they are and I thank them for their friendship and hospitality. In my free time, I have particularly enjoyed time out on the beautiful clear blue water with friends and with the Cayman Islands Sailing Club. It was therefore very special for me to take part in the first Cayman Islands Fleet Review last Saturday. I cannot think of a better send off. Thanks must also go to the fan- tastic staff at Government House whose great work has made it pos- sible for me to host between 5,000 and 6,000 guests each year. This is a staggeringly large number of guests and is a huge amount of work for the staff. This work is done willingly, professionally, and with great good humor. Of course, it is a great priv- ilege to live in Government House, overlooking the amazing Seven Mile Beach, but it is their contribution that has made it a joy to live there. I am being asked what my plans are next. I wish I knew the answer to that one! I do know that I will be re- tiring – early of course – from the civil service at the end of this month and then be having a holiday in Sri Lanka and Bali with my brother while I con- sider what to do in the next chapter of my life. The variety of the work and the vibrancy of the beautiful Cayman Islands have spoiled me and I would not relish returning to cold, dark London on a full-time basis. Some- thing will come up. Although I have to leave, I am pleased that the Cayman Islands’ economy is thriving and the territory is visibly more prosperous than when I arrived. There are always further im- provements that need to be made, for example, in employment opportunities for Caymanians and in public educa- tion, but I know these are priorities for the government and that further progress will be made. Preparations are already being made for the arrival of the new Gov- ernor, Anwar Choudhury. I am confi- dent that he will have the wonderful, warm welcome that I have enjoyed so much. He will be arriving on March 26 with his wife Momina, two teenage daughters and a new baby girl, and is very much looking forward to his new role. It has been impossible to thank everyone who has made my time here such an amazing experience, but I wish I could, so thank you all the people of the Cayman Islands. In the words of the beautiful national song “Fair Cayman Isle, I cannot thee forget.” May God bless the Cayman Islands. “Governor to leave Cayman Monday” – See page 2. Parting message from Governor Helen Kilpatrick CONTINUED FROM PAGE 1Next >