ESTABLISHED 1965 www.caymancompass.com – 50 CENTS – MONDAY SEPTEMBER 17, 2018 9 PCS OF THE BEST DRESSED CHICKEN, 2 LARGE SIDES & 5 BISCUITS Conflict between UK, Cayman over financial investigations Cayman government says UK accusations are ‘baseless’ MICHAEL KLEIN mklein@pinnaclemedialtd.com The National Crime Agency, the U.K.’s equivalent of the FBI, has claimed it is not getting the information it needs from the Cayman Islands in its anti-money laundering and criminal investigations. In an article published by the BBC, Donald Toon, director of the NCA, said a number of investigations had led to companies registered in the Cayman Islands but local authorities did not cooperate when asked for information about the owners of these firms. The Cayman Islands last year introduced a beneficial ownership registry that, under an agreement struck with the U.K. govern- ment two years ago, is supposed to respond to British law enforcement requests within 24 hours and in urgent cases within one hour. The Foreign and Commonwealth Office re- leased a statement Saturday indicating that the Cayman Islands government had pulled out of this agreement, known as an “exchange of notes” in reaction to the U.K. parliament’s threat to impose publicly accessible ben- eficial ownership registries in the overseas territories. This has made co-operation on crime fighting “more difficult,” according to the statement. Mr. Toon told the BBC, the NCA can generally obtain “clear, unambiguous benefi- cial ownership information” from the British Overseas Territories “but we are having diffi- culty with Cayman.” The Cayman government was entirely aware of the U.K. concerns, he told the BBC. The Office of the Premier responded with a statement that “there is absolutely no merit in Mr. Toon’s allegation.” KAABOO ON THE BIG STAGE IN SAN DIEGO MARK MUCKENFUSS mmuckenfuss@pinnaclemedialtd.com SAN DIEGO, Calif. – Think Disneyland for adults. That is a little bit of what KAABOO Del Mar is like. Much like the famous theme park, there’s simply too much to do and see in the three- day run of the music, comedy and art festival. But that is the intent. The KAABOO festival coming to Cayman in February will not be on the scale of the San Diego-area event, which hosted about 45,000 people each day on the Del Mar Fairgrounds, a venue that stretches half-a-mile long, incor- porating three main stages, a comedy theater and smaller performance areas. But the idea is to bring the same flavor to the site being developed north of the Kimpton Seafire Resort + Spa, where 11,000 people are expected to float between two music stages, an indoor comedy venue, an art exhibit, and food and beverage stations during the two days of KAABOO Cayman, Feb. 15 and 16. The festival will feature Duran Duran, the Chain- smokers, Blondie, Counting Crows and 16 other musical groups. If organizers are able to reproduce the same environment in a scaled-down version, con- cert-goers can expect a comparatively relaxed experience with fairly easy access to ameni- ties on hand. The Del Mar event had enough food and bar stands that lines were short – even during peak times – or nonexistent. Tom Ngo and Cathy Do of San Diego at- tended KAABOO for the third time. They said they enjoy what to them is an unhurried pace at the festival. “It’s different than most other festivals,” Mr. Ngo said, sitting at one of the many bars in the art pavilion where he and Ms. Do had just eaten lunch. “It’s not as crowded. We don’t have to wait a long time.” Mr. Ngo, 34, said he looks forward to the Scuba pioneers honored at gala event Some of the world’s top scuba divers swapped wet suits for tuxedos Friday night as the dive community came together to celebrate the latest inductees to the sport’s hall of fame. The Grand Cayman Mar- riott Beach Resort played host to the Cayman-based Inter- national Scuba Diving Hall of Fame annual gala. Among the latest dive legends to take their place in the pantheon were under- water photographer Stephen Frink, tech diver Dick Rut- kowski and Wulf Koehler, an inventor, dive instructor, pho- tographer and writer. Among the local honorees were Wayne Hasson, who founded the Aggressor fleet of liveaboard dive boats and Darryl Bud Walton Jr, the only PLEASE TURN TO PAGE 8 » PLEASE TURN TO PAGE 8 » PLEASE TURN TO PAGE 6 » Dive enthusiasts and their supporters pose at the annual awards for the International Scuba Diving Hall of Fame. Back row: Denise Walton, Stephen Frink, Captain Spencer Slate, Thomas Tailliez, Arlene Cole, Minister Moses Kirkconnell, Wulf Koehler, Svetlana Murashkina, Jessica Harvey and Michael Tibbetts. Front row: Joshua Weaver and Rickeem Lashley. - PHOTOS: MAGGIE JACKSON Tourism Minister Moses Kirkconnell speaks during the gala at the Marriott.2 LOCAL&REGIONAL MONDAY SEPTEMBER 17, 2018 • CAYMAN COMPASS • Matinees Daily (matinee price before 6pm) • Seniors $8.00, Mon-Fri Before 6pm • Additional charges apply per 3D/VIP tickets Cayman Cinema@cbcinema6cbcinema6 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. - MONDAY - 640-FILM (640-3456) A SIMPLE FAVOR (R) 1:15 VIP I 4:30 I 7:10 I 9:30 VIP THE NUN (R) 2:00 I 4:20 VIP I 7:00 VIP I 10:00 PEPPERMINT (R) 4:20 I 9:15 CRAZY RICH ASIANS (PG13) 1:30 I 4:15 I 7:00 I 9:45 FINAL SCORE (R) 2:15 I 5:00 I 7:30 I 10:00 CHRISTOPHER ROBIN (PG) 1:50 I 6:45 THE MEG (PG13) 1:00 I 3:40 I 7:15 I 9:50 Crown, defense argue murder versus manslaughter in trial over fatal shooting Judge to sum up in the trial of William Ian Rivers CAROL WINKER cwinker@pinnaclemedialtd.com The jury of six men and six women, sworn in for the trial of William Ian Rivers on a charge of murder, heard closing speeches on Friday from Director of Public Pros- ecutions Cheryll Richards and defense attorney Crister Brady. The Crown’s position, as summarized by Ms. Richards, is that the fatal shooting of Mark “Hubba” Seymour in West Bay on the afternoon of Jan. 28, 2017 was murder. Mr. Brady said the defendant’s mental state should lead ju- rors to conclude that the shooting was manslaughter. The difference, both counsel agreed, was intent. Ms. Richards said in- tent could be inferred. When an individual discharges a loaded firearm at another person multiple times at close range, “you are intending that person’s death,” she said. Cayman’s Penal Code makes it clear that when a person kills another, he shall not be convicted of murder if he is suffering from such abnormality of mind as to substantially impaired his mental responsibility for his acts. This is referred to as “di- minished responsibility.” The abnormality of mind might have arisen from a condition of arrested or retarded de- velopment of mind or any in- herent causes or induced by disease or injury, Ms. Rich- ards explained. On a charge of murder, it is for the defense to prove that the person charged is, because of diminished re- sponsibility, not liable to be convicted of murder. He or she is instead liable to be convicted of manslaughter. After police and civilian evidence concluded, Mr. Brady called two expert wit- nesses, Dr. Ali Ajaz, who is a forensic psychiatrist, and Dr. Omotayo Bernard, a gen- eral psychiatrist, both of whom discussed Mr. Rivers’ mental state. In rebuttal, Ms. Richards called Dr. Wade Myers, a clinical psychiatrist, and Dr. Yusuf Matthew Grant, a gen- eral medical physician and currently senior resident in psychiatry in Cayman. Based on their testimony, Ms. Richards said Mr. Rivers had been found to be ag- gressive, irritable, manipula- tive and impulsive. “He has an antisocial personality dis- order which did not substan- tially impair his mental re- sponsibility for his act, she said, concluding this person- ality disorder was not a dis- ease of the mind. There was no doubt Mr. Rivers had been drinking be- fore the shooting, but “volun- tary intoxication” is not a de- fense, she pointed out. After the shooting, Mr. Rivers went to his wife’s house and was there with her and their children. Ju- rors had heard the re- cording of a 911 call, Ms. Richards reminded them. There was no doubt from the recording that Mr. Rivers was angry and dis- tressed, but he was also co- herent. He orchestrated the situation so that he could leave the house and give himself up to police on his terms, she said. There was evidence that Mr. Rivers was depressed because he was unemployed and not able to provide for his family; he was upset by people telling him that his wife had asked for money from Mr. Seymour, who was an ex-boyfriend. Ms. Richards said these were experiences faced by other people, but other people did not resort to vi- olence. A possible affair is not a defense to murder and not a license to kill, she pointed out. Mr. Brady asked jurors to look at not only what hap- pened the day of Mr. Sey- mour’s death but also Mr. Rivers’s history and conduct before that day and after. Then they had to ask them- selves if they had any doubt about Mr. Rivers’s mental ca- pacity at the time. He described the circum- stances of the shooting as bi- zarre. Mr. Rivers had ridden his bicycle to Super C Restau- rant after Mr. Seymour had driven there. When Mr. Sey- mour came out, Mr. Rivers shot him. Mr. Brady wondered, why didn’t Mr. Rivers wear a disguise or cover his head or do anything to prevent his identity from being known? Mr. Rivers loved his chil- dren and his wife, the at- torney said, asking, would he consciously and knowingly do something that would keep him from being with them? The court had heard from four medical experts, but it did not take an expert to say that something was wrong, Mr. Brady suggested. The de- fendant’s conduct was not normal behavior, he said. Mr. Rivers was depressed. Jurors had heard about incidents in his past. He was using co- caine and ganja. “No one knows when an acute stressor might push just enough to get a person who is psychotic over the edge,” Mr. Brady said. Justice Frank Williams told jurors he would give them his summation of the evidence and directions in law on Monday morning. Young woman bailed on wounding charge Magistrate forbids discussion on social media CAROL WINKER cwinker@pinnaclemedialtd.com A teenaged female ap- peared in Summary Court on Friday charged with wounding with intent to cause grievous bodily harm, wounding and possession of an offensive weapon. Britney Elizabeth Ebanks, 17, was charged following an incident that occurred just before 7:30 p.m. on Tuesday, Sept. 11, on Eastern Avenue. Police issued a press re- lease the next day, explaining that the 911 Communications Centre had received a report of a stabbing at the Crown Square Plaza. It said two women had been involved in an altercation during which one had been stabbed and sustained a serious injury. She was transported to the hospital by private car where she was in critical but stable condition. A later press release advised that the victim/complainant had been released from the hos- pital on Sept. 12. Ms. Ebanks reportedly sustained minor injuries in the incident and she was treated at the Cayman Is- lands Hospital before being held in custody. On Friday, before Magis- trate Valdis Foldats, defense attorney Prathna Bodden ap- plied for bail and Crown counsel Kenneth Ferguson did not object. Bail conditions set by the magistrate included recog- nizance in the sum of $950, residence at a specified ad- dress, curfew from 8 p.m. to 6 a.m. and non-contact with the complainant and another named person. The magistrate also pro- hibited Ms. Ebanks from dis- cussing the incident “on any social media platform.” He advised that wounding with intent is a category A offense, meaning that it can be dealt with only in the Grand Court. He transmitted that charge and the charge of wounding to the higher court, where Ms. Ebanks was directed to appear on Friday, Oct. 12. The offensive weapon charge is one that can be heard only in Summary Court. In this case the weapon is al- leged to have been a black- handled kitchen knife. A later press release advised that the victim/complainant had been released from the hospital on Sept. 12. JURY NOTICE All Grand Court jurors who are in the July 4 to Oct. 2 session are advised that their report date has been changed. Instead of Sept. 17, they are now re- quired to report for jury duty on Wednesday, Sept. 19, at 9:45 a.m. Please call the Jury In- formation line at 244- 3899 for the most up to date information or email jury@judicial.ky COSTA RICA SHAKEN BY RARE AND UNRULY PROTESTS SAN JOSE, Costa Rica (AP) – Thousands marching in the streets. Flaming barricades. Clashes between demonstra- tors and riot police in dark- ened streets. A semi-truck hollowed out by fire. Costa Rica has been rocked this week by the kind of protests rarely seen in the country in comparison with its more tumultuous Cen- tral American neighbors. It comes during a labor strike that went into its fifth day Friday with no apparent end in sight. Spurred by calls from public sector unions, dem- onstrators protested again outside the presidential res- idence and blockaded roads in different parts of the country to demand Presi- dent Carlos Alvarado scrap a proposed fiscal reform before congress that in- cludes new taxes. Costa Rica’s govern- ment is struggling with a deficit estimated at 7.1 per- cent of GDP this year, which has pushed up the public debt load and increased its need for revenue. Alvarado is proposing to implement a value added tax to replace the existing sales tax and expand it to goods and services that are currently exempt. One of the most controversial mea- sures is a 1 percent duty on basic foodstuffs. Those and other changes that would limit unemploy- ment assistance and the payment of some salary bo- nuses have met with vig- orous opposition from public sector unions. Social security officials reported a daily staff absentee rate of 13 percent to 26 percent, causing dozens of surgeries to be postponed. A jury at the George Town courthouse heard closing speeches Friday in the trial over the killing of Mark ‘Hubba’ Seymour.The islands’ most-trusted news source 3 CAYMAN COMPASS • MONDAY SEPTEMBER 17, 2018 Designed by World Class Engineers @supPORTourTOURISM = LESS IMPACT WE ARE COMMITTED TO PROTECTING OUR ENVIRONMENT PUTTING THE PIERS IN DEEPER WATER DOES THAT DEEPER WATER MEANS LESS DREDGING What will the new piers look like? Largely they will look like this but in The EIA confirmed no harm to S even Mile Beach. The project would have halted immediately if there was any risk. A substantive coral relocation programme will be undertaken. An Environmental Management Plan (EMP) will be put in place to control turbidity during construction and during ongoing port operations. We take our responsibility to protect our economy, our environment and the livelihoods of our people seriously. deeper water. 2 piers allowing the ocean to flow freely underneath.The islands’ most-trusted news source 4 – EDITORIAL – Opinion&Letters The Cayman Compass welcomes comments, opinions and viewpoints from readers. Letters to the editor can be emailed to editor@pinnaclemedialtd.com, submitted via www.caymancompass.com, sent by post or hand-delivered to the Compass office. 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” Police are still investigating the circumstances that resulted in the death of Geoff Cornwall, who was killed while cycling on the Esterley Tibbetts Highway this past Tuesday. Mr. Cornwall, 56, was cycling toward West Bay early Tuesday morning when apparently his bicycle collided with the rear end of an SUV obstructing the bike lane. We offer our condolences to Mr. Cornwall’s family and friends, who describe the Australian triathlete as gentle, humble and encouraging – a quiet leader and driven competitor. Police have not yet revealed whether the SUV was occupied or whether the vehicle had been “parked” on the side of the road. By all accounts, however, the SUV was stationary when Mr. Cornwall struck it from behind. Even as we await more specifics about this par- ticular incident, there are several issues that seem relevant to address. First, it is worth noting that Esterley Tibbetts – a new and modern roadway – has no hard shoulders or lay-by for vehicles. Motorists who wish to stop or encounter difficulty are faced with long stretches of roadway with no exit in sight – in short, they are given few good options for responsible action. That being said, Cayman’s cavalier attitude toward illegally parked or derelict vehicles simply cannot continue to go unaddressed. Perhaps parking wherever one pleased and leaving broken-down machines helter- skelter all over the roadside was not such a hazard back when there were far fewer cars on the road. Those days are long gone. Traffic today is often an aggravating snarl – bad enough without adding an obstacle course of parked and abandoned vehicles just off (sometimes not even entirely so) the lane of travel. Police must insist that motorists refrain from parking in bike lanes, on sidewalks, over curbs, obstructing roadways, and all other impromptu parking spaces. Department of Environmental Health crews must be more alert and responsive to reports of broken-down and derelict vehicles that have been abandoned by their owners. (On West Bay Road, heading toward the fire station, one vehicle – a blue Suzuki Vitara bearing license tag number 133 958 – has been parked, dangerously, we think, for nearly two months on a major roadway without movement. Ironically, under the windscreen is a notice reading “Police Aware.” Frankly, we don’t think so.) The point is that drivers must be held respon- sible for their vehicles. Full stop. If they need to stop or park, they must do so safely. If their vehicles break down, they should immediately arrange for them to be towed. Not the next week, not even the next day. Abandoning them is abandoning their responsibility. This board has editorialized about allowing vehicles to litter roadways and vacant lots, calling them an “unsightly blight on the landscape of our beau- teous isle.” We have noted that these vehicles attract vandals and thieves who strip them of any part they deem of value, not unlike hyenas picking over the carcass of a giraffe. And we have pointed out the obvious – that in many cases, roadside vehicles endanger public safety. Whatever the details of last week’s fatal collision, those facts remain. Roadside hazards: To be avoided at all costs MONDAY SEPTEMBER 17, 2018 • CAYMAN COMPASS Big Brother looks to regulate Big Tech Big Tech is losing favor with the public and more regulation is likely. Even conservative poli- ticians are growing skep- tical about how Amazon and Google treat business partners and users. Google, Twitter and Facebook are in the crosshairs for abusing private data, permitting fake accounts to peddle fraudu- lent products and disinfor- mation and lax responses to foreign governments seeking to corrupt our elections. Each operates in a com- mercial space where the “network effect” applies. For example, in the days of land- line telephones, one mo- nopoly company was worth more than three competing businesses because a single subscriber could reach ev- eryone in town. These days, it’s tough for manufacturers and retailers to rely only on conventional brick and mortar stores to at- tract consumers. With the li- on’s share of web commerce on its platforms, Amazon is the compelling choice. That permits Amazon to just about dictate prices and as it learns suppliers’ busi- ness models, pick off busi- ness for new ventures of its own. Amazon Basics offers items ranging from ladies apparel to data analytic ser- vices mimicking those of its own cloud clients. Google, Facebook and Twitter offer the most effi- cient means for keeping up with the news, friends and family, spreading one’s own views widely or reading di- rectly the immediate rumi- nations of public figures like President Trump and Prime Minister May. Subscribers cannot go elsewhere to get the same information, im- pact and immediacy, but those services must finance themselves – hence they mine personal data, and we have little leverage to limit how they use it. The latter is not a bad bargain if they do not abuse it. However, as we have learned from episodes like Cambridge Analytica selling services to political cam- paigns, laxity in ferreting out fake Russian accounts in 2016 elections and the sup- pression of conservative com- mentators, social media can be callous and cavalier about its responsibilities and im- pose Silicone Valley liberal biases on what ideas Ameri- cans can most readily access. Data privacy is not hard to solve. California is en- acting safeguards similar to those recently imposed by the EU that requires internet companies to be clear about the data they collect and ob- tain permission to mine it. However, policing bad actors, and combating West Coast liberal piety are other mat- ters altogether. Rep. Maxine Waters, Cal- ifornia Democrat, who en- couraged activists to harass Trump administration offi- cials, still has Twitter and Facebook accounts. Do you suppose I would still have either if I organized early morning demonstrations out- side her residence with the specific intention of keeping her from her congres- sional duties or encouraging her resignation? Even more menacing are proposals that the thought and speech police should be institutionalized – similar to syllabus and speech codes that are destroying the free exchange of ideas at Ameri- ca’s universities. In a well-meaning pro- posal, the director of the Personal Democracy Forum suggests that a multi-stake- holder content congress be privately organized – akin to the private bodies that manage internet protocols – to advise web companies about criteria for listing ac- counts and filtering content. You can bet that body would be stacked with the kind of liberal academics and le- gitimize the kind of content screening Google executives currently undertake but deny. The bottom line is that Google and Amazon business practices should be subject to a thorough review by the Jus- tice Department. To ensure their earnest intent when screening ads, these busi- nesses should be required to bear some financial liability for third-party frauds using their networks. Congress should require Amazon, Google, Facebook and Twitter to open their con- tent algorithms to full public security, verify the identity of user accounts and ferret out fake accounts – espe- cially those of foreign ac- tors – whether they publish biblical passages or spread wholesale lies. After all, if someone wants to post ma- terial children or folks with limited time to verify con- tent may read, he ought to sign it – with his real name and location. Beyond these, Congress needs to resist the urge to act impulsively – our democracy is resilient. Americans are generally well educated, and we profit from hearing the worst nuts and thoughtful views contrary to our own. That is why we do not have prior government re- straint of free speech, and we should not assign that power on the internet to private en- tities. Barring attempts to im- pede our government or in- sight violence – let people say what they like and consign censorship to libel laws. Peter Morici is an economist and business professor at the University of Maryland, and a national columnist. © 2018, The Washington Times, LLC. If someone wants to post material children or folks with limited time to verify content may read, he ought to sign it – with his real name and location. PETER MORICI5 LOCAL NEWS CAYMAN COMPASS • MONDAY SEPTEMBER 17, 2018 DoE: Coral colonies sustain ‘serious’ damage from ship Small coral colonies sus- tained serious damage from Cayman’s pirate-themed ship the Jolly Roger when it ran aground during heavy rains on Sept. 10, according to the Department of Environment. According to DoE re- searchers who inspected the site as part of an ini- tial review, the boat struck the hardpan area just north of the George Town port after coming loose from its moorings. The DoE said that the lo- cation consisted mainly of hard-packed sea bed, but a few small coral colonies sustained serious damage during the grounding. These included two colo- nies of starlet coral, or Sid- erastrea siderea, and four colonies of brain coral, Dip- loria strigosa, as well as a small group of yellow porites, Porites astreoides. The Jolly Roger had been moored off North Church Street at the George Town waterfront when the inci- dent occurred. No injuries were reported, and no pilot, crew or passen- gers were on board at the time. The DoE said the in- vestigation into the inci- dent is ongoing. In a press release, the DoE reminded vessel owners to take precautions to in- spect and secure their boats during periods of inclement weather to avoid destruction of marine life. potential in- jury to people and damage to property. Department of Environment research officer Cody Panton reviews the site of the Sept. 10 grounding incident involving the Jolly Roger in the George Town harbor. - PHOTO: DEPARTMENT OF ENVIRONMENT Isaac fizzles out, but rain in store for Cayman A tropical storm that had Grand Cayman in its pro- jected path last week had mostly dissipated in the Ca- ribbean by the weekend, ac- cording to a Sunday update by the National Hurricane Center in Miami, Florida. A broad area of low pres- sure associated with the rem- nants of Isaac was located about 200 miles southeast of Kingston, Jamaica, the NHC said in a Tropical Weather Outlook this weekend. Some slow development is possible over the next couple of days, but after- ward, environmental con- ditions are forecast to be- come less conducive and re-development is unlikely, the NHC said. The remnants of Isaac are forecast to bring showers and thunder to Cayman beginning Monday afternoon, with heavy showers expected Tuesday. The Cayman Islands Na- tional Weather Service said showers may become heavy at times, leading to possible flooding of low-lying areas. Allan Ebanks, a mete- orologist with the NWS, said he expects Cayman to see over an inch of rain from Monday evening to Tuesday evening. The rain will start to decrease Wednesday morning, he said. Isaac caused power out- ages when it rolled over Puerto Rico as a tropical depression late last week, bringing wind gusts of 25 to 40 mph. The U.S. territory is still recovering from last year’s devistating Category 4 Hur- ricane Maria. Nearly 60,000 homes still have makeshift roofs not capable of with- standing a Category 1 storm. Isaac previously caused some flooding earlier in Dominica as well. Elsewhere, Florence was downgraded to a tropical depression after wreaking havoc across the Carolinas. The storm continues to produce widespread heavy rains, and the NHC said flash flooding and major river flooding are expected to continue over most of the Carolinas. Contains reporting from the Associated PressThe islands’ most-trusted news source 6 MONDAY SEPTEMBER 17, 2018 • CAYMAN COMPASS Caymanian working in the dive industry on the Sister Is- lands. There was also a post- humous award for Daniel Tibbetts, who set up the Little Cayman Beach Resort. Established by the Cayman Islands Ministry of Tourism in 2000, the hall of fame celebrates those who have contributed to the suc- cess and growth of recre- ational scuba diving world- wide through advancements in the areas of dive tourism, equipment design and inno- vation, education, explora- tion and adventure. There was also recogni- tion for H.S. Batuna, who re- ceived posthumous honors for pioneering sustainable tourism in his native Indo- nesia and helping set up the Bunaken Marine Park; Kazakhstan’s Boris Porotov, who produced scuba films for the Soviet Union and trained Soviet special un- derwater forces, and Captain Philippe Tailliez, credited with introducing Jacques Cousteau to free diving, who was honored posthu- mously as an early pioneer award winner. Minister of Tourism Moses Kirkconnell said, “The Cayman Islands’ history with the sport of recre- ational diving runs deep and wide, making it a nat- ural home to recognize the innovators and dive legacies who have helped shape and affirm our island trio into the leading scuba destina- tion it is today. “Year after year, the Inter- national Scuba Diving Hall of Fame inducts some of the world’s greatest dive leaders and we are proud to show- case their trailblazing efforts in carrying on the same pas- sion of divers before them, while also enabling our guests to create unforget- table dive memories in the Cayman Islands.” Scuba pioneers honored at gala event CONTINUED FROM PAGE 1 Gunmen wearing mariachi garb kill 5, wound 8 in Mexico City MEXICO CITY (AP) – Mexicans heading into the weekend’s Independence Day celebra- tions were jolted by a brazen shooting by men dressed as mariachi musicians who killed five people and wounded eight in Garibaldi Plaza, an iconic square in the capital where the bands ser- enade tourists. The Mexico City prosecu- tors’ office said at least one foreigner was among those wounded in Friday night’s at- tack, which local media said was staged by three gunmen. Four people died initially and a fifth died of her wounds at a hospital Saturday after- noon, authorities said. The news outlet La Silla Rota circulated surveillance video of the alleged assail- ants wearing traditional em- broidered jackets and pants as they fled on motorcycles. The shooting cast a bloody pall over Independence Day festivities. Many Mexicans will wear mariachi costumes, a symbol of national pride, on Saturday night to com- memorate the launch of the revolt against Spanish rule on Sept. 16, 1810. It is also the busiest time of year for Garibaldi Plaza, a beloved but seedy square that draws heavily on Mexican folklore. Lisa Sanchez, director of Mexicans United Against Delinquency, described the shooting as a “piercing portrait” of Mexico. The shooting in a crowded public square demonstrates that impunity prevails in the country, she said. The prosecutors’ office said investigators were trying to find those responsible for the attack. Few crimes in Mexico are solved. On Saturday night, Presi- dent Enrique Pena Nieto is to shout “Viva Mexico” – or “Long Live Mexico” – shortly before midnight from a bal- cony of the National Palace. Thousands crowd into Mexico City’s central Zo- calo square every year to hear the shout, and the cel- ebration usually spills into Garibaldi Plaza. Business quickly re- sumed around the square following the shooting. Videos circulating on so- cial media showed musi- cians in the plaza playing their music around the time of the shooting, without skipping a beat. In one video, a man plucking a large harp con- tinues to belt out the Mex- ican civil war anthem “La Cucaracha” as dozens of gunshots can be heard in the background. In another, brass in- struments and melancholic voices fill the air as the flashing lights of police vehi- cles descend on the plaza. Pa- trons continued to down te- quilas and tuck into tacos. At the Tenampa can- tina, which bills itself as having first brought mariachi troupes to the plaza in the 1920s, a manager said it was business as usual Saturday. “We haven’t had any res- ervations cancelled and we continue to book tables,” he said, asking that his name not be published for fear of retal- iation by criminal groups. Crimes and scams have plagued Garibaldi Plaza for years. Malcolm X’s grandson Malcolm Shabazz was found beaten to death outside a bar there in 2013 after a dis- pute over a bill. Police block access to a crime scene after a shooting in Plaza Garibaldi in Mexico City, Friday. At least five individuals have died in the shooting after three gunmen dressed as mariachis opened fired on an establishment. - PHOTO: AP Daniel Tibbetts accepts the hall of fame award from Minister Moses Kirkconnell and Zariah Anglin on behalf of his late father, who set up the Little Cayman Beach Resort. - PHOTOS: MAGGIE JACKSON Captain Spencer Slate accepts an award on behalf of Dick Rutkowski. Arlene Cole, daughter of H.S. Batuna, accepts an award on behalf of her late father. Scholarship recipients Joshua Weaver, second from left, and Rickeem Lashley, right, pose with Rod McDowall and Suzy Soto.7 LOCAL NEWS CAYMAN COMPASS • MONDAY SEPTEMBER 17, 2018 Poisons regulation to close cat cull loophole JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com New regulations allowing officials to sanction the poi- soning of animals in certain circumstances could pave the way for the resumption of a planned cull of feral cats said to pose a threat to rare sea- birds on the Sister Islands. The publication of new regulations to the Animals Law, which list specific “pre- scribed poisons” that can be used to euthanize animals, effectively closes a loophole that animal welfare groups used in Grand Court to block the planned cull. Non-profits Feline Friends and the Cayman Islands Hu- mane Society sought leave to apply for judicial review of the decision to cull cats in February. After a prelimi- nary hearing, the directors of the Department of Environ- ment and Department of Ag- riculture were required to give a formal undertaking not to proceed with the cull until the issues raised by the two char- ities had been addressed. That undertaking remains in place, though it could be lifted if the two departments are able to persuade a judge that they now have the legal right to proceed. At the initial hearing, lawyer Selina Tibbetts told the court that the Animals Law does not give the direc- tors of the two departments the statutory scope to au- thorize a cull. The law does provide an exemption to the general prohibition against animal cruelty for the director of the DoA to authorize the “use of any prescribed poison” to destroy an animal for a va- riety of reasons, including to “preserve other domestic or wild animals.” However, under the defi- nition set out in the law, she said, a poison is only a “pre- scribed poison” if it is explic- itly defined as such by the An- imals Law or any regulation. However, no such poison is prescribed under the Animals Law, she said at the time, and counsel for government was unable to point to any such regulation. The case was adjourned to allow the departments time to respond and to provide more information to the court ahead of a decision on whether the matter should proceed to a full judicial review hearing. The case has not progressed since February. It is under- stood that government recog- nized that the legal power for the cull did not exist under the Animals Law. However, that was ad- dressed last month when Cabinet gazetted a list of pre- scribed poisons that could be used through the Animals Law (Prescribed Poisons) Reg- ulations 2018. Asked about the new regu- lations, Director of Agriculture Adrian Estwick acknowledged that no such list had ever been created under the Ani- mals Law. He said the list was implemented to remedy this. Asked how the mea- sure would affect the cull, he said, “The undertaking given to the court by the Depart- ment of Agriculture and De- partment of Environment was not to trap any cats on any of the three Cayman is- lands while this matter is be- fore the court.” He said the matter was still before the court and he could not comment further. Neither the Hu- mane Society nor Ms. Tib- betts responded to re- quests for comment. The Department of Envi- ronment wants to cull wild cats on the Sister Islands which they believe are a threat to native wildlife. Earlier this year, Jane Haa- konsson, a research officer with the department, told the Compass that the cats posed a threat to the survival of Cayman Brac’s “regionally im- portant” brown booby colony. The passage of the new regulations does not com- pletely negate the arguments brought by the charities, which also claimed they were legally entitled to be consulted before the cull took place. It will be up to a judge to decide if the cull can now proceed and a new hearing in the case is expected some time this year. In February, Feline Friends and the Humane Society said they wanted to work with government on a more hu- mane solution. In their statement, they said they believed home- less cat populations could be managed though a “well-han- dled, organized and system- atic Trap, Neuter, Vaccinate and Release program.” A heated dispute between Linford Pierson, the chair of OfReg, and his deputy Ronnie Dunn has been “amicably and responsibly resolved,” ac- cording to a press statement from the regulator’s public relations firm. Mr. Pierson threatened to “box” his deputy in the head after he suggested Mr. Pierson may have broken the Anti- Corruption Law, according to leaked minutes from emergency board meetings in August. The minutes describe a fiery verbal dispute between Mr. Pierson and Mr. Dunn, in which both men threatened to strike each other. At one point, the minutes indicate, Mr. Dunn left the meeting, claiming he was going to call the Anti-Corruption Commission to report the chair- man’s behavior. Mr. Pierson has since acknowledged he ex- changed words with Mr. Dunn, which he described as “regret- table.” He said he had taken offense to suggestions that he had broken the anti-corruption law by attempting to canvas support for his candidacy as acting chief executive officer of the organization. He also said he had taken legal advice that demonstrated he was not in breach of the law. A statement, released Friday, suggests the matter has been dealt with and makes no mention of any sanctions or disciplinary action against anyone involved. “The board of OfReg, the multi-sector regulator of the Cayman Islands, acknowledges that recently leaked meeting minutes described a heated discussion that has since been amicably and responsibly re- solved. The board is focused on getting down to the busi- ness of providing a solid con- sumer protection infrastructure through effective and sound regulation,” the statement said. “The recruitment process for a qualified CEO is a high priority for OfReg and until there is a successful candi- date, the Acting CEOs are being supported from both the board and the staff, to provide stability and solid leadership in this short-term transitionary period. The Chairman, Linford Pierson, would like to state for the re- cord that he sought legal ad- vice in relation to putting himself forward for the CEO position and was advised that there is no breach of the Anti- Corruption Law. “The board understands the concerns of the public and would like to provide the as- surance that it is working to- wards continuing the excel- lent work of the employees of OfReg to move the Cayman Islands forward in terms of providing a high level of con- sumer protection.” OfReg claims dispute ‘resolved’The islands’ most-trusted news source 8 The statement made no reference to the exchange of notes agreement. The government said, the “complaint is a gross misrep- resentation of a single situa- tion and is no basis on which to accuse the Cayman Islands of being uncooperative.” Neither the BBC re- port nor the government’s response indicate which case the NCA director was referring to. However, the government said, since then, there has been only one case, in May 2018, in which a legal issue affected Cayman’s response time to an NCA request. “That issue was resolved and the information was, in accordance with our com- mitment to cooperation, provided to the NCA,” the statement noted. The type of criticism from U.K. law enforcement of Cay- man’s information-sharing regime has become unusual in recent decades. In fact, the government said, the criticism is sur- prising given that the NCA itself had written to thank the Cayman Islands for its “continuing and excel- lent support” in relation to an international, high- profile investigation into money laundering. A later statement from the Foreign and Common- wealth Office cast more light on what Mr. Toon may have been referring to in the BBC interview. A spokesman for the FCO said that the Cayman Islands had pulled out of an informa- tion-sharing agreement with U.K. law enforcement. “The Cayman Islands withdrew from the Exchange of Notes after the U.K.’s Sanc- tions and Anti-Money Laun- dering Act was passed in May. Recently, the Cayman Islands Government has also stopped the Royal Cayman Islands Police Service (RCIPS) from being the competent au- thority for dealing with Bene- ficial Ownership requests. “Both of these steps make our cooperation on serious organised crime more diffi- cult,” the statement said. Premier: Criticism may be politically motivated Cayman and the U.K. have been at loggerheads over a decision by the U.K. parlia- ment to insert a clause in the recently passed U.K. Sanc- tions and Anti-Money Laun- dering Act that threatens to impose publicly accessible registers of beneficial owner- ship in the overseas territo- ries, if necessary through an order in council. Overseas territories leaders called the move a throw-back to colonial rule and argued that the estab- lished non-public registers of beneficial ownership in the territories were working well and providing those with a le- gitimate interest in the infor- mation, such as law enforce- ment and tax authorities, with the information they need. The statement from the Premier’s Office sug- gested that the NCA’s com- ments may have been politi- cally motivated. “Assuming the reporting is accurate, then what is even more worrying is that this baseless attack on Cay- man’s economy and repu- tation appears to be due to our public criticism of and affirmation to challenge the recent attempt by the U.K. Parliament to legislate for Cayman (and other British Overseas Territories) in areas that are a part of our devolved administration,” the government said. “The fact that the U.K. Parliament in May 2018 im- posed an unjustifiable and inequitable requirement on the British Overseas Terri- tories and not the Crown Dependencies is bad enough. Now it appears that in fur- therance of that agenda the NCA has entered the polit- ical arena against what it has previously described as one of its most cooperative and excellent supporters,” the response noted. “We hope we are wrong about this and look forward to the NCA correcting the public record.” The statement added that the Cayman Islands will continue to cooperate and support the NCA and all other law enforcement agencies and tax authori- ties to combat money laun- dering, tax evasion and all other forms of crime. In the BBC report, the NCA director, Mr. Toon, further indicated that fol- lowing the Paradise Pa- pers, criminals were hiding their ill-gotten gains in new tax havens that are well beyond the overseas ter- ritories. He did not name these jurisdictions but said they were small island na- tions in which information about the owners of reg- istered companies is diffi- cult to access. MONDAY SEPTEMBER 17, 2018 • CAYMAN COMPASS food offerings at KAABOO as much, if not more than the music. “We know the music is going to be pretty good, but I enjoy the food and drink,” he said. He also thinks the event gets better each year. “It’s definitely improved,” he said. “They’ve worked out the kinks.” One of KAABOO’s signa- ture features is the offering of premium ticket packages, from the kind of VIP access that many festivals also have, to ultimate experiences, such as the US$500,000 package available for KAABOO Cayman, which includes the use of a yacht, a villa and personalized transportation. Mr. Ngo said he’s never been tempted to purchase more than the basic ticket. “The upgraded package is pretty up there,” he said of the US$399 per day cost. “The price point is not worth it to us.” But Bentley Hess, 37, of San Diego, said she enjoys the extra perks her VIP pass provided her. “I like to be able to sit down and not be in the crowd,” she said, sipping a drink while sitting on a cush- ioned stool in a grass-sodded lounge area near one of the main festival stages. She said she likes being able to “sit down, get out of the sun and have really good service.” Donald Krawiec, 68, of Carlsbad, was enjoying his third KAABOO festival with his 13-year-old daughter Hanna. He has purchased the VIP package each year. In ad- dition to preferred seating and access to such things as a pool and massages, he has developed a relation- ship with some of the mar- keting personnel. He said they communicate regularly about festival-related things throughout the year. “I can afford this, and I feel I’m being taken care of,” Mr. Krawiec said. “We just had a meet-and-greet with (singer) Bebe Rexha and it was very enjoyable.” Ms. Rexha was part of a bill that included such art- ists as Katy Perry, Imagine Dragons and the Foo Fighters. Many of those attending KAABOO said the festival has always had a more mature atmosphere than similar fes- tivals, such as Coachella. Alysia Borgman, 50, of Newport Beach, California, said she also thinks the slate of performers is better. “There’s way more bands that you’ve heard of,” she said. “This has a wider va- riety of music.” Beyond the bands, there are the other attractions. The Artwork and Palate pavilion held a wide array of paintings, sculpture, jewelry and multimedia work by art- ists from around the world, most of whom were on hand to talk about their work with festival-goers. The pe- rimeter of the building was dotted with foodie stations offering such things as fresh oysters, street tacos, poke bowls, top-drawer spirits and craft beer. Cubist-inspired nudes, abstract portraits overlayed with graffiti-styled swirls, an elaborate installation of static and hanging paper sculpture, and the mounted heads of some imaginary Dr. Seuss-like birds were among the art pieces scattered throughout the exhibit. Monty Montgomery is a San Diego-based graphic artist. He was perched on a small stepladder adding black squares to a complex abstract of geometric shapes. This was his third year with KAABOO. The first two years, he said, he collaborated with other artists on a mural they produced during the three- day run of the festival. “This show is a lot of fun,” Mr. Montgomery said, “be- cause it’s artists from all over the world. I enjoy the cama- raderie. I enjoy working live because I feed off of that. I’m like a kid in a candy shop.” The festival, he said, has a special vibe. “There’s nothing like KAABOO,” he said. “It’s such a variety. It’s people 18-21 to 70 or 80. You can just feel the energy.” In the Humor Me comedy theater, comedians such as Iliza Shlesinger, Judd Ap- atow and Louis Anderson were on the bill. Nikki Glaser told the crowd she felt a bit disoriented. “Doing comedy at 4:15 in the afternoon is not an ideal time,” said the come- dian known for her frank talk about sexual topics. Norm and Kris Johnson of Carlsbad, California, were standing in line, hoping for passes to see Craig Ferguson, before finding out the tickets had already been snapped up. The couple said they have been to many multi- day concert events including Coachella and the country- themed Stage Coach. Mr. Johnson, 75, said he was only familiar with about half the music acts on the bill. “I’m a country man at heart,” he said, “but if it’s good music, it’s OK with me.” Mrs. Johnson, 64, was pleased with the selection of food and drinks at the fes- tival, but admitted she would not have minded upgrading to a premium pass. “I like the one for $500,000,” she said of the ultimate Cayman package, “where they pick you up and take you everywhere.” “I tried to get someone to loan me the money for that,” her husband joked, “but no luck.” Conflict between UK, Cayman over financial investigations CONTINUED FROM PAGE 1 KAABOO Del Mar on the big stage in San Diego CONTINUED FROM PAGE 1 Costumed people, such as this couple dressed as hot dogs, were part of the festival fun. - PHOTOS: MARK MUCKENFUSS Debbie Harry, lead singer of Blondie, performs at KAABOO Del Mar and will be at the Cayman event in February. Full statement from UK Foreign and Commonwealth Office The UK Foreign and Commonwealth Office re- leased a statement Sat- urday, indicating that the Cayman Islands has pulled out of an infor- mation sharing agree- ment with U.K. law en- forcement. This is the statement in full: “In April 2016, the UK and Cayman Islands signed the Exchange of Notes on Company Ben- eficial Ownership. An Ex- change of Notes is an information exchange agreement that helps us to link assets held in the Cayman Islands to crim- inality and, importantly, means that we can stop those assets from being transferred on. “The Cayman Islands withdrew from the Ex- change of Notes after the UK’s Sanctions and Anti- Money Laundering Act was passed in May. Re- cently, the Cayman Is- lands Government has also stopped the Royal Cayman Islands Po- lice Service (RCIPS) from being the compe- tent authority for dealing with Beneficial Owner- ship requests. “Both of these steps make our cooperation on serious organised crime more difficult. We are working with the Cayman Government to resolve these issues construc- tively, including through discussions between the FCO Minister for the Overseas Territories Lord Ahmad and the Premier.”The islands’ most-trusted news source 9 CAYMAN COMPASS • MONDAY SEPTEMBER 17, 2018 Colombia’s dissident rebel leader injured Colombia’s President Ivan Duque said the nation’s most-wanted criminal fugitive has been injured in combat along the border with Ecuador. Walter Artizala is better known by his alias Guacho and leads a holdout faction of the Revolutionary Armed Forces of Colombia. Florence death toll swells as rivers rise PM May: Talk of leadership during Brexit ‘irritating’ LONDON (AP) – British Prime Minister Theresa May con- cedes that she gets “irritated” by the debate over her lead- ership during the difficult Brexit negotiations. She told the BBC in an interview scheduled to be broadcast Monday that she is concerned for the coun- try’s future, not her own, as talks about Britain’s up- coming exit from the Euro- pean Union continue. May faces a split in her Conservative Party, with some influential figures pre- ferring a more complete break with the EU than she is advocating. Roughly 50 hard- liners met Tuesday night to discuss her possible ouster. In the interview, May said the leadership talk can be distracting. “I get a little bit irri- tated, but this debate is not about my future. This de- bate is about the future of the people of the U.K. and the future of the United Kingdom,” she said. “That’s what I’m focused on, and that’s what we should all be focused on.” The opposition Labour Party is also increasingly di- vided over the Brexit issue. London Mayor Sadiq Khan broke ranks on Sunday with party leader Jeremy Corbyn to publicly back a second ref- erendum of whether Britain should go forward with plans to leave the EU. Writing in The Observer, Khan said Britain faces ei- ther a bad deal or no deal at all – options he said are “in- credibly risky.” He said the public de- serves a right to choose be- tween any deal reached by the government or staying in the EU. He said that if no deal is reach, the public should be able to choose be- tween the “no deal” scenario or remaining in the bloc. The mayor’s stance is ex- pected to put more pres- sure on Corbyn at the La- bour Party conference later this month. In her interview, May crit- icized former Foreign Secre- tary Boris Johnson, who re- signed in July to protest her plan to keep some close ties to the EU after Brexit. Johnson, who is seen by many analysts as posi- tioning himself as a pos- sible successor to the embat- tled prime minister, recently caused a furor by comparing May’s Brexit strategy to a “suicide vest.” “I have to say that that choice of language is completely inappro- priate,” May said. NEW BERN, N.C. (AP) – As the death toll from Flor- ence grew and hundreds of people were pulled from flooded homes, North Caro- lina braced for catastrophic, widespread river flooding that could be the next stage of a mounting disaster. Weakened to a tropical depression early Sunday after blowing ashore as a hur- ricane with 90 mph winds on Friday, Florence was still spinning slowly atop the Carolinas as it pulled warm water from the ocean and hurled it onshore. The storm’s death toll climbed to 13 when author- ities said two people died from inhaling carbon mon- oxide from a generator in their South Carolina home. About 740,000 homes and businesses remained without power in the Carolinas, and utilities said some could be out for weeks. Radar showed parts of the sprawling storm over six states, but North and South Carolina were in the bull’s-eye. The head of Federal Emer- gency Management Agency, Brock Long, said officials were still focused on finding and rescuing people. “We’ll get through this. It’ll be ugly, but we’ll get through it,” Long told NBC’s “Meet The Press.” Rivers swelled toward re- cord levels, forecasters said, and thousands of people were ordered to evacuate for fear that the next few days could bring the most de- structive round of flooding in North Carolina history. Stream gauges across the region showed water levels rising steadily, with fore- casts calling for rivers to crest Sunday and Monday at or near record levels: The Little River, the Cape Fear, the Lumber, the Neuse, the Waccamaw and the Pee Dee were all projected to burst their banks, possibly flooding nearby communities. Authorities ordered the immediate evacuation of up to 7,500 people living within a mile of a stretch of the Cape Fear River and the Little River, about 100 miles from the North Carolina coast. The evacuation zone included part of the city of Fayetteville, population 200,000. John Rose owns a fur- niture business with stores less than a mile from the river. Rain-soaked furniture workers helped him quickly empty more than 1,000 mat- tresses from a warehouse in a low-lying strip mall. “It’s the first time we’ve ever had to move anything like this,” Rose said. “If the river rises to the level they say it’s going to, then this warehouse is going to be under water.” On U.S. Route 401 nearby, rain rose in ditches and around unharvested to- bacco crops along the road. Ponds had begun to over- flow, and creeks passing under the highway churned with muddy, brown water. Farther along the Cape Fear River, grass and trees lining the banks were partly submerged. Fayetteville’s city officials, meanwhile, got help from the Nebraska Task Force One search and rescue team to evacuate 140 residents of an assisted-living facility in Fayetteville to a safer loca- tion at a church. Already, more than 2 feet of rain has fallen in places, and forecasters are saying there could be an additional 1½ feet before Sunday is out. “Floodwaters are rising, and if you aren’t watching for them, you are risking your life,” Gov. Roy Cooper said. Officials were warning residents not only to stay off the roads but also to avoid using GPS systems. “As conditions change, GPS navigation systems are not keeping up with the road closures and are di- recting people onto roads that are confirmed closed and/or flooded,” the state Transportation Department said on Twitter. Florence weakened to a tropical depression early Sunday and was crawling west at 8 mph. At 5 a.m., the storm was centered about 20 miles southwest of Columbia, South Carolina. Its winds were down to 35 mph. In Goldsboro, North Car- olina, home of Seymour Johnson Air Force Base, roads that frequently flood were already closed Saturday by rushing water. Dozens of electric repair trucks massed to respond to damage ex- pected to hit central North Carolina as rainwater col- lected into rivers headed to the coast. On Saturday evening, Duke Energy said heavy rains caused a slope to collapse at a coal ash landfill at a closed power station outside Wilm- ington, North Carolina. Duke spokeswoman Paige Sheehan said about 2,000 cubic yards of ash were displaced at the Sutton Plant and that contaminated storm water likely flowed into the plant’s cooling pond. In New Bern, along the coast, homes were completely surrounded by water, and rescuers used inflatable boats to reach people Saturday. Kevin Knox and his family were rescued by boat from their flooded brick home with the help of Army Sgt. Johan Mackie, whose team used a phone app to locate people in distress. British Prime Minister Theresa May - PHOTO: AP A sailboat is stacked up onto a house in New Bern, North Carolina, Saturday. Resident Joseph Eudi looks at flood debris and storm damage from Hurricane Florence at a home on East Front Street in New Bern, North Carolina, Saturday. Petty Officer Second Class David Kelley patrols a flooded neighborhood in Lumberton, North Carolina, Sunday, following flooding from Hurricane Florence. - PHOTOS: APNext >