ESTABLISHED 1965 www.caymancompass.com – 50 CENTS – TUESDAY DECEMBER 4, 2018 High of 87 Low of 76 Slight to moderate with wave heights of 2 to 4 feet. EDITORIAL | PAGE 4 A SECOND LOOK AT CHANGES TO GAMBLING LAWS SPORT | PAGE 17-19 FULL INTERTRUST CAYMAN ISLANDS MARATHON 2018 RESULTS 187202_HR2-Ad-Strip-BOTY2017-6coPage 1 10/29/18 11:04:38 AM Moustaches and men’s health take center stage KAYLA YOUNG kyoung@pinnaclemedialtd.com Cayman’s Mo Bros had reason to cele- brate Friday night. The month-long campaign for Mo- vember, encouraging men to grow out their moustaches to raise cancer awareness, re- sulted in at least 175 prostate cancer screenings and an estimated $35,000 raised to support the Cayman Islands Cancer So- ciety, according to organizers. But before crunching the numbers, first came the festivities. Moustachioed men poured into The Lodge bar in The Strand for a night of revelry and one last fundraising push. Those in costume came prepared to parade across the bar and vie for the night’s most coveted title, the Man of Movember – this year claimed by Ayush Mangal. Movember committee member Dave O’Driscoll – scantily clad as Ben Stiller’s character White Goodman from the movie “DodgeBall” – described the evening as a hi- larious and “totally un-PC” way to get men talking about their health. “It’s all about spreading the word, and we think the best way to do that is with Mo- vember, through fun events throughout the month to get all the guys involved,” he said. “I just want people to learn that you don’t have to be afraid. You don’t have to be afraid to check yourself and you don’t have to be afraid to second guess your feelings when it comes to mental illness.” This year’s event came with the dual purpose of raising awareness for common men’s cancers, such as prostate, testicular and colon cancers, and mental health, both topics that men may struggle to discuss. Cancer survivor and Group Mo costume Cayman’s foreclosure laws under review MICHAEL KLEIN mklein@pinnaclemedialtd.com The Law Reform Commis- sion has published a discus- sion paper on the foreclosure regime in the Cayman Islands, concluding that existing laws should be updated. In pub- lishing the report, the commis- sion is inviting comments from stakeholders and the general public on the issue. Foreclosures have been a hotly debated topic in Cayman since the financial crisis brought about a significantly higher number of mortgage defaults and subsequent property repos- sessions than usual. “The dominant theme of the public commentary has been the level of hardship, it is claimed, that has been experienced by the owners of residential prop- erty, who have been affected by these procedures,” the Law Re- form Commission said. Official statistics produced by the Cayman Islands Mon- etary Authority show a signifi- cant and steady decrease in re- cent years from 27 completed residential foreclosures in the second quarter of 2016 to nine CRIME STOPPERS PAYS TIPSTER $3K IN LARGEST PAYOUT Crime Stoppers reported Monday that it had paid an anonymous tipster US$3,000 after the person gave infor- mation last month that led to the ar- rest and criminal charges against a suspect wanted by police. The payout is the largest to date paid from Cayman Crime Stoppers. For more on this story, see page 5. PLAN TO CLAMP DOWN ON NUMBERS GAME SHELVED Government reconsidering changes to gambling legislation JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Government has shelved plans to increase penalties for illegal gambling amid calls for a review of the prohibition of gambling in the Cayman Islands. The Gambling (Amendments) Bill was scheduled to be heard at the most recent ses- sion of the Legislative Assembly but was pulled at the last minute. The bill proposed massive increases in penalties – in some cases 25 times greater than in the current legislation – as a deter- rent for people running underground lotteries, known as the numbers game, and other forms of gambling. The proposal caused some public outcry, with former Sports Minister Osbourne Bodden among those calling for government to reverse its position and formalize the numbers game in a legally sanctioned lottery. Attorney General Samuel Bulgin confirmed Friday that the bill had been withdrawn to allow government to take a further look at the provisions of the entire law. He gave no indication of what form the re- view would take but insisted the current pen- alties, which have not changed in 54 years, were inadequate. The shelved amendment proposed that fines for the use and ownership of premises for gambling, the publication of lottery num- bers and dealing with money resulting from gambling activities would increase from $400 to $10,000, and the maximum prison sentence would increase from one year to three years. Independent legislator Kenneth Bryan said the bill had been pulled from the order paper Mo Bros and Sistas strike a pose Friday evening at The Lodge. Back row from left, Dave O’Driscoll, Andrew Cousins, Rhian Minty, Mark Robson and Tim Rossiter. Front row, Maria O’Shea and Justin Colgan. - PHOTO: ALVARO SEREY PLEASE TURN TO PAGE 7 » PLEASE TURN TO PAGE 9 » PLEASE TURN TO PAGE 9 »2 LOCAL NEWS TUESDAY DECEMBER 4, 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. - TUESDAY - 640-FILM (640-3456) BACKTRACE (R) 12:40 I 9:45 ROBIN HOOD (PG13) 12:45 VIP I 4:20 I 9:30 CREED II (PG13) 1:00 I 4:00 VIP I 7:20 I 9:40 VIP RALPH BREAKS THE INTERNET (PG) 2:30 3D I 9:35 THE POSSESSION OF HANNAH GRACE (R) 1:00 I 3:15 I 5:30 I 7:40 I 10:15 FANTASTIC BEASTS: THE CRIMES OF GRINDELWALD (PG13) 3:35 I 6:45 THE GRINCH (PG) 12:15 I 5:05 3D I 7:20 CLASSICS @ THE CINEMA: CAPE FEAR (1962) (R) 7:00 VIP UCCI launches adult learning program MARK MUCKENFUSS mmuckenfuss@pinnaclemedialtd.com Karen Powery-Ebanks be- lieves she’s finally on the cusp of being able to pursue her bachelor’s degree. Ms. Powery-Ebanks, 53, was among a crowd of more than 150 people who at- tended an informational sem- inar Thursday night on the new Prior Learning Assess- ment program at the Univer- sity College of the Cayman Islands. The program, which will begin in fall 2019, is de- signed for adult learners re- turning to school. Each stu- dent is evaluated to see how much of their professional experience might translate into college credits, thus shortening the path to a cer- tificate or a degree. “I’ve been asking Mr. Bodden to get this program in here for some time,” Ms. Powery-Ebanks said, refer- ring to UCCI President Roy Bodden. “I feel really, really good about it happening.” Since earning an asso- ciate degree in early child- hood education in 2006, Ms. Powery-Ebanks said she has been working with children. She currently works in the YMCA’s after-school program. A bachelor’s degree, she said, would help her career. “Hopefully it would ad- vance me in every way,” she said. “I should be able to move up the ladder better.” She said one reason that has kept her from returning to school is scheduling. The program, which will initially be geared toward business classes, will offer courses in the evenings. Goldie Blumenstyk said campuses have to work to ac- commodate adult learners. A reporter and editor for the Chronicle of Higher Educa- tion, Ms. Blumenstyk was the featured speaker at Thurs- day’s event. “Can you call yourself an adult-friendly school if you don’t offer sessions after 5 p.m.?” she said. “If you can’t call a counselor after you put your kids to bed?” To serve adults, she said, schools such as UCCI have to provide an environment where those students feel comfortable and supported. That may mean retraining some personnel to provide service in multiple areas, rather than being focused on a single task. Trends in adult educa- tion, Ms. Blumenstyk said, in- clude greater collaborations between academia and in- dustry. Some larger compa- nies, she said, provide space for employees to do school- work and even host on- site courses. Susan Young is director of UCCI’s civil service college and is one of the directors of the new Prior Learning As- sessment program. She said she is hoping companies in Cayman will be willing to collaborate with the college to encourage adult learning. While the program of- fers opportunities to adult learners, she cautioned the audience that it was not a free ride. “By no means is this a quick and easy way to earn credits,” she said. “But for many of you, you have col- lege-level knowledge.” And that knowledge can be recognized with college credits, she added. One of the benefits of earning a degree, she said, is in job security. Statistics show that people with col- lege diplomas are less likely to be unemployed than those who do not. “When you have a de- gree, you have a base set of skills,” Ms. Young said. “If my company downsizes, it might make it easier for me to move.” Some in the audience were considering moving schools. Paulette McField, 37, is currently taking courses at the International College of the Cayman Islands. She’s exploring whether she could earn a degree more quickly through UCCI’s new program. “I wanted to see if it would be a good idea to switch,” Ms. McField said. “If this would be flexible, it would be an op- tion I would consider. There are programs here that they don’t offer at ICCI.” Vice President and Pro- vost Livingston Smith said the school is also pursuing ways for adult students to fi- nance their educations. Gov- ernment appears to be on board, he said. “We’re in touch with the scholarship secretary and we believe they will come for- ward and support this,” Mr. Smith said. President Bodden said this is the last of the ini- tiatives he wanted to put into place before he retires from UCCI at the end of this month, following nine years of leading the campus. “We believe this is revolu- tionary and we have designed it in such a way for your con- venience,” he told the pro- spective students. “We’re not going to guarantee it will in- crease your salary. What it’s going to do is increase your self-confidence and help you reach [new] levels.” West Bay power outage scheduled Customers affected between 9 a.m. and 3 p.m. Tuesday Caribbean Utilities Com- pany is advising its West Bay customers that they will experience some inter- ruptions to their electrical service on Tuesday, Dec. 4. Customers on Hell Road, between the junction with Watercourse Road and the Hell Gift Shop, and all side roads, will be without elec- trical service from 9 a.m. to 3 p.m., according to CUC. Areas affected on Hell Road include Bonfire Close, Caboose Lane, Miss Daisy Lane and all side roads. Other outages in the district will occur “for no more than two 20-minute periods” between 9 a.m. and 3 p.m., the utility com- pany stated in an advisory. CUC is asking motor- ists to drive with caution on Hell Road and Water- course Road as the com- pany will have vehicles and personnel in the area. The electricity com- pany said the interrup- tion is necessary to allow telecommunication com- panies to provide cus- tomers with fiber-optic ser- vice and its own customers “with safe, reliable and effi- cient power.” For more information on the outage and areas affected, contact CUC’s Customer Service Team at 949-5200 or email service@cuc.ky. Number of culled iguanas approaches 200,000 Through five weeks of the Department of Environment’s cull of invasive green iguanas in Grand Cayman, cullers had killed more than 193,000 iguanas as of Saturday, Dec. 1. In week five (Nov. 26 to Dec. 1), cullers delivered 32,347 iguanas to the George Town landfill – an increase over the 31,506 iguanas delivered the week before – breaking the trend of declining numbers since the first week of the pro- gram (Oct. 29 to Nov. 3). Some 340 people signed up to take part in the cull. The gov- ernment has earmarked $9 mil- lion for the cull, with cullers being paid $4.50 a head for iguanas, rising to $5 a head if they meet monthly and annual quota targets. 93,030 129,403 160,909 193,256 53,953 39,566 36,373 31,506 32,347 0 50,000 100,000 150,000 200,000 250,000 Week 1 (Oct. 29-Nov. 3) Week 2 (Nov. 5-10) Week 3 (Nov. 13-17) Week 4 (Nov. 19-24) Week 5 (Nov. 26-Dec. 1) Green iguana cull update Weekly culled Total culled Goldie Blumenstyk was the featured speaker at UCCI’s launch of its Prior Learning Assessment program. - PHOTO: MARK MUCKENFUSS MAN ASSAULTED WITH WOODEN SIGNPOST A man was knocked un- conscious with a wooden signpost and suffered a broken nose and a concus- sion in an attack on Pedro Castle Road in Savannah in the early hours of Sunday morning, according to police. The victim was as- saulted by two suspects shortly after 12:30 a.m. The 911 Communica- tions Centre received a call reporting that the victim had been walking to his vehicle when he was ap- proached by the two men, one of whom was known to him. The man was punched in the face before being struck in the head with a wooden signpost and losing consciousness. He was subsequently taken by private vehicle to the Cayman Islands Hos- pital to be treated for in- juries, including a broken bone and a concussion. He was later discharged. Police are asking anyone who witnessed the incident or who has any information to contact Bodden Town CID at 947-2220.3 LOCAL NEWS CAYMAN COMPASS • TUESDAY DECEMBER 4, 2018 ATTENTION: 2001 - 2016 HONDA & ACURA OWNERS FREE AIRBAG REPAIR EVENT Bring your vehicle to our FREE Airbag Repair Event (Repair-a-Thon) This is NOT a Sales Event At Honda we care about your safety. Airbag deployment with explosion URGENT AIRBAG SAFETY RECALL - You and your passenger’s safety may be at risk! Sharp metal fragments from airbag explosions have severely INJURED and KILLED vehicle occupants QUICK FREE EASY No Appointment Necessary Repair time is approximately 45 minutes FREE Snacks, refreshments, and give-aways while you wait! Before you attend please CHECK IF YOUR VEHICLE IS AFFECTED visit our website below: hondacayman.com/recalls January 10-12 Thursday - Saturday from 8:00 AM - 5:00 PM Foster’s Airport Rear Parking Lot 63 Dorcy Drive, Grand Cayman (next to Refl ections) For more information: (345) 949-5525 (345) 325-8712 Call Car City Cayman Factory Trained Technicians from American Honda will be on site Appeal denied for records on taxi employment, nationality KEN SILVA ksilva@pinnaclemedialtd.com An appeal on a public re- cords request for data on how many taxi drivers work for government has been denied by Ombudsman Sandy Herm- iston, who ruled on Friday that having the Public Transporta- tion Unit retrieve such infor- mation would be an unreason- able diversion of its resources. The request was origi- nally made on April 30 by the applicant, who was seeking information on how many taxi drivers exist in Grand Cayman, how many of them are employed by government, how many are police offi- cers or prison officers, how many are Caymanian-born or are status holders, and how many originate from Jamaica. On May 28, the Ministry of District Administration, Tourism and Transport re- sponded that there are 285 taxis on Grand Cayman, but the Public Transportation Unit does not keep statistics on the other information. In June, the applicant appealed his case to Om- budsman Hermiston, who investigated and found that the information about taxi drivers’ employment status and nationality is kept on their individual application forms. The question to be de- cided was whether extracting the information from each application form would be an unreasonable diversion of the Public Transportation Unit’s resources. The ministry argued that this would indeed be unrea- sonable because the file of each taxi operator is 25-75 pages and is kept in two, four-drawer filing cabinets. “The [ministry information manager] claims there are also a number of additional files in a back room which are in ‘boxes, piles, etc.,’” stated the ombudsman in her deci- sion, adding that a number of photos were provided that show the records in “disarray.” The ministry further ar- gued that some taxi operators only put in their applications that they work for “govern- ment,” instead of specifically saying that they work for po- lice or the prisons. Therefore, the Public Transportation Unit would have to take more time to see where specifically these operators work. More- over, the Public Transporta- tion Unit would also have to redact much sensitive infor- mation if it were to provide the applicant with the taxi operators’ applications. All told, the ministry esti- mated that it would have to examine more than 1,000 files – “which apparently includes the disorganized files in the back room” – a task that would take up to eight months. The ministry did say that, moving forward, statistics on some of the information re- quested will be pulled from applications. “This would allow the production of statistics in the future,” the ombudsman wrote. “Specifically, the Min- istry stated that PTU will up- date ‘their electronic records during the renewal period of the Taxi licenses, which be- gins in December 2018 and ends in March 2019.’” The applicant, for her part, argued that the records request is not unreasonable, and that the only reason the Public Transportation Unit cannot comply is because of its inefficiency. The applicant also argued that the time and money spent on denying ac- cess to the records could have been spent on fulfilling the request. The money itself could have been used to hire a summer intern to compile the information, she said. “The Applicant believes PTU has neglected its duties towards transparency and accountability, as expected under the FOI Law. Unlike the statements made by the [min- istry information manager], the information required to compile the requested sta- tistics exists,” Ombudsman Hermiston wrote in her de- cision. “However, it has not yet been put together, despite the passage of sufficient time since the FOI Law has come into effect.” In her decision, Ms. Herm- iston disagreed with the amount of time it would take to compile the requested in- formation. She estimated that it would take almost a month, though she said this may be an optimistic esti- mate, given the redactions that may be required. She also found that the Public Transportation Unit’s electronic records system has not been kept up-to-date and is unreliable. “This revelation is trou- bling,” she said. “It was ex- plained that the system, while searchable by the name of the taxi operator, is aimed primarily at managing infor- mation on the vehicles used by operators, not about the operators themselves.” Despite disagreeing with the ministry’s time estimate and criticizing the Public Transportation Unit’s record- keeping practices, the om- budsman still found that it would be an unreasonable di- version of resources to comply with the applicant’s request. Ombudsman Hermiston added that she commends the ministry for its commit- ment to update its records moving forward, and that she expects the ministry to live up to this promise so statis- tics on taxi operators can be proactively published. Due to the poor state of the records, the ombudsman added that she is “flagging” the ministry and the unit for an audit in respect of its re- cord-keeping practices, the modification of its electronic system, and the proactive pro- vision of relevant statistics. Taxis and buses line up outside the cruise terminal in downtown George Town.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” TUESDAY DECEMBER 4, 2018 • CAYMAN COMPASS “Take time to deliberate; but when the time for action arrives, stop thinking and go in.” – Andrew Jackson, quoting Napoleon Bonaparte We cannot help but observe our government’s unusual proclivity for rushing ahead with ill-conceived or poorly drafted plans which demand reconsideration, retraction or substantive revision – all of which would have been avoided by judiciousness and careful deliberation in the first instance. In a display of amateurish behavior, they approve projects, such as the Mental Health Facility, but then fail to bring them to fruition. They pass laws, such as Stan- dards in Public Life and Data Protection laws, and then drag feet in implementation. They table flawed legislation, including the Non-Profit Organisations Law, which must almost immediately be amended to resolve issues that should have been avoided. Late last week, Attorney General Samuel Bulgin announced that government was calling “time out” on proposed amendments which would have drasti- cally increased penalties for a wide variety of gambling- related crimes. Mr. Bulgin pointed out that current prohibitions have not been updated in more than 50 years. In a news release, government asserts that “the current penalties are woefully inadequate and fail to reflect the present ramifications of illegal gambling.” Certainly, it is worthwhile to take a second look at any law approaching an age at which many people would be thinking of retirement. But before they started tinkering, officials should have carefully considered the real-world ramifications of their actions. As this board has noted, the recently proposed amend- ments were far more than a “refresh” of existing legisla- tion. They would have exponentially increased the penal- ties for illegal gambling, targeting with particular gusto the popular underground lottery games known as “numbers.” Playing the numbers is, of course, illegal. At the same time, it must be recognized that many otherwise law- abiding members of our community routinely play the small-stakes game – with no obvious negative societal or personal consequences. Under current law, being found guilty of playing a lottery or being found in a gaming house is punishable by a $10 fine and two months’ imprisonment. Under the Gambling (Amendment) Bill 2018, that same violation could yield a $2,500 fine and six months in prison. Buying or selling lottery tickets or assembling for lottery results would be punished by up to a $5,000 fine and a year in prison. Using premises for gambling, publishing lottery numbers or handling money resulting from gambling activities – up to a $10,000 fine and three years in prison. Keeping a gaming house, conducting a lottery or partici- pating in a lottery – $20,000 and three years in prison. Such a severe ratcheting up of penalties for gambling- related statutes would more than “up the ante” – it would change the game, entirely. In our view, it would lead to one of two possible outcomes (both of which are contrary to the public interest): First, police could divert limited resources to enforce the new rules consistently and uniformly – inflicting potentially life-altering fines on otherwise law-abiding citizens from every segment of our society and stuffing Her Majesty’s already-crowded jails and prisons with “offenders” who pose little threat to the public order; or Second, police could continue with only occasional or inconsistent enforcement of the new law, resulting in a perception of selective enforcement – always trouble- some in a free and open society. A second look at changes to gambling laws LETTERS TO THE EDITOR Pilots are confident about safety of MAX 8 With the impending ser- vice entry of Cayman Air- ways’ new Boeing 737 MAX 8 aircraft, Cayman Airline Pilots Association (CAPA) would like to offer to the traveling public our profes- sional position on the loss of Lion Air Boeing 737 MAX 8 aircraft. CAPA has intentionally re- mained quiet from the open forum until now, history having shown that it takes about thirty days post-acci- dent for the information to be collected to offer a sub- stantial preliminary report. The result of the prelimi- nary findings has pointed to an anomaly with the air- craft Angle of Attack (AoA) sensors which are fitted to varying degrees on all large transport aircraft. The pre- liminary report infers that the anomaly with the AoA sensors provided faults to a computer which in turn sent faulty information to the air- craft stabilizer trim system. This erroneous information created a non-normal oper- ating condition: however, it is our considered position that notwithstanding the anomalies created by such an event, a well-trained and knowledgeable crew should be able to identify the errors and take appropriate correc- tive actions. While not discounting the previous mentioned faults, it is also worthy to note that this aircraft flew several flights in the previous days with this underlying issue and the crews managed to complete their flights suc- cessfully. Post-accident in- vestigations have proven that there are always a series of events by both human and hardware that contribute to any accident. Therefore, it is CAPA’s position that when the final report is issued, the likely conclusion will be that human factors as well as hardware issues contributed to the fatal outcome of Lion Air Flight JT610. It is also undeniable that regardless of the age of any mechanical equipment, there will be component failures and subsequent rectifica- tion actions which will re- quire human interaction. The MAX family of aircraft received type certification from both the Federal Avi- ation Authority (FAA) and European Aviation Safety Agency (EASA), neither of which have found it neces- sary to deem the aircraft un- safe. Therefore, based on our recently completed training on the MAX, which exceeded the requirements of the FAA, coupled with our profes- sional knowledge, CAPA has a high level of confidence in the safety of this air- craft. We should also point out that two of Cayman Airways’ competitors are flying this very type of air- craft into Grand Cayman and are clearly of the same persuasion. Lastly, but most impor- tantly, CAPA can assure the traveling public that safety is our highest priority when operating any aircraft, and we will never prioritize eco- nomics or schedule over the safety and comfort of our valued customers. We look forward to having you on board the new Boeing 737 MAX 8 aircraft. Captain Gary R. Hydes CAPA President Captain Adrian R. Miller Chairman, Safety Committee Remembering Arthur Hunter The Cayman Islands Legal Practitioners Association (CILPA) and the entire legal fraternity is deeply saddened following the death of Arthur Hunter, OBE, on Nov. 21. CILPA would like to take this opportunity to recognize Mr. Hunter’s commitment to the Cayman Islands legal profession. A pioneer of the industry in Cayman, Mr. Hunter worked tirelessly throughout his career in establishing Cayman as the thriving inter- national financial centre it is today. Mr. Hunter was a well- known and loved member of the legal profession and of the community. Mr. Hunter worked closely with his father, estab- lishing the law partnership of Hunter & Hunter. He was also an active Rotarian and a founder of the Cayman Is- lands Law Society. His legacy continues, not only through Cayman’s pros- perous legal profession which he founded, but with his son Bryan Hunter following in his footsteps as a well-known member of the legal profes- sion in his own right. CILPA would like to ex- press condolences to his family, friends and those who had the pleasure of knowing Mr. Hunter. The Cayman Islands Legal Practitioners Association Uzzell will be missed Saddened to read of the passing of Brian Uzzell. I have fond memories of my dealings with him in the late 1970s and throughout the 1980s, mainly in re- lation to the local road running scene. He was always very ap- proachable and seemed to go out of his way for all of those he met. Quite a character, at a time when Cayman had more than its fair share of those. May he rest in peace. Mike Spragg Post-accident investigations have proven that there are always a series of events by both human and hardware that contribute to any accident. 5 LOCAL NEWS CAYMAN COMPASS • TUESDAY DECEMBER 4, 2018 Fidelity Pension Plan Fidelity Financial Centre on West Bay Road Tuesday, December 11th, 2018 6:00pm - 7:00pm Fidelity Financial Centre, West Bay Road & Esterley Tibbetts Highway Cayman Financial Centre, Dr. Roy’s Drive, George Town info@fidelitycayman.com RSVP: Carolee.Crowley@fidelitycayman.com Phone: 914-2179 Light refreshments 2018 ANNUAL GENERAL MEETING [] Crime Stoppers pays tipster record $3K Crime Stoppers reported Monday that it had paid an anonymous tipster US$3,000 after the person gave infor- mation last month that led to an arrest and criminal charges against a suspect wanted by police. The payout is the largest to date paid from Cayman Crime Stoppers. Crime Stoppers did not specify what crime the tip it received was related to. The organization recently announced that it was in- creasing its payout limits for information about certain crimes from US$1,000 to a maximum of US$5,000. Chairman Sebastien Guilbard said, “The Board felt that the recent in- crease in reward limits was necessary as an incen- tive, and are pleased to an- nounce the largest payout to date. We hope that this will encourage other mem- bers of the public to pro- vide anonymous tips on our Cayman Crime Stoppers ho- tline 800-TIPS or directly on our website.” The Crime Stoppers Ho- tline 800-TIPS is dialed as a local number but answered overseas. Tipsters are not re- quired to give any form of ID and will not be required to give evidence in court, the or- ganization stated. Information leading to an arrest and charges are as- sessed and rewards calcu- lated accordingly. Payouts are also anonymous with the tip- ster providing instructions for cash-drop, according to Crime Stoppers. The organization recently announced that it was increasing its payout limits for information about certain crimes from US$1,000 to a maximum of US$5,000. The participants gather in front of the Government Administration Building on Friday. Cayman organizers take stand against gender violence Family Resource Centre staff, civil servants and members of the Business and Professional Women’s Club spelled out their op- position to gender violence on Friday as they gathered for a photo on the steps of the Government Administra- tion Building. The photo opportunity was part of the annual 16 Days of Activism Against Gender Violence Campaign. This year’s theme “Orange the World: #HearMeToo” was emblazoned on orange and white T-shirts. The Family Resource Centre, in partnership with Gender Equality Cayman Is- lands and the Business and Professional Women’s Club, has organized several ac- tivities in honor of the 16- day campaign. These in- clude social media posts and the Domestic Violence Intervention Training Pro- gramme, as well as com- munity-based and prison- based workshops. For more information about 16 Days of Activism Against Gender Violence events, visit the Family Resource Centre Facebook page. The Family Resource Centre, in partnership with Gender Equality Cayman Islands and the Business and Professional Women’s Club, has organized several activities in honor of the 16-day campaign. Burglaries fall in Snug Harbour Police credit efforts by neighborhood watch The Snug Harbour neigh- borhood watch initiative is just over six months old, and police are reporting posi- tive results from the pro- gram so far. “The Neighbourhood Watch has had a very posi- tive effect since we formed last May,” said Stephen Sy- mons, coordinator of the Watch Committee, in a press release. “We formed, with the assistance of the RCIPS, in response to a number of burglaries. Neighbours were not aware of the burglaries taking place. People were very concerned when they heard about it.” The Royal Cayman Islands Police Service attributed a drastic decline in burglaries in Snug Harbour to the area’s neighborhood watch partici- pants, who have a WhatsApp chat group and an email cir- culation list to let each other know about concerns and suspicious activities. According to police, 13 burglaries occurred in Snug Harbour in April, with an- other three happening in May. A man was arrested for two of the offenses in May, and no more burglaries have occurred since then. “While our police re- sponse can explain some of the drop in crime in the area, it cannot account for all of it,” said PC Jonathan Kern, the community beat officer for Seven Mile Beach South, in which Snug Harbour is lo- cated. “The Neighbourhood Watch has really had an im- pact. The residents are ac- tive and the Committee ex- tremely focused.” On Sunday, neighborhood watch participants gathered with police, government min- ister Joseph Hew, and other government officials to com- memorate their early suc- cess and inaugurate four new neighborhood watch signs. A new light pole and a speed bump were also in- stalled in the area after resi- dents raised concerns about lighting and street safety. The RCIPS stated that, for some, the formation of the watch has had benefits be- yond the crime drop or even better general safety. “To see the success of our Neighbourhood Watch has made me realize how impor- tant such an initiative is,” resident Lynne Firth stated in the press release. “Not only do we keep a closer eye on activity in our area, we have also got to know our neigh- bours better, creating a sense of community.” Mr. Hew congratulated Snug Harbour residents for their efforts in putting to- gether “a very active and suc- cessful neighbourhood watch,” adding, “Your results are evi- dence of the success you can have when the RCIPS, govern- ment and residents work to- gether for a safer community.” Anyone interested in information about how to launch a neighborhood watch can contact the Community Policing Department at 949-4222, or contact their beat officer through the RCIPS website at www.rcips.ky/community. Community beat officer PC Jonathan Kern erects the Snug Harbour neighborhood watch sign on Sunday afternoon. - PHOTO: RCIPSTUESDAY DECEMBER 4, 2018 • CAYMAN COMPASS 6 LOCAL NEWS Fashion and art have always been intertwined and this fusion of the two disciplines was celebrated on Friday, Nov. 30, at the Cayman Islands National Gallery’s annual gala. The theme of the gala was “extreme fashion” and it was inspired by the gallery’s “Art of Fashion” exhibition, which featured the work of local designers Isy Obi and Jawara Alleyne. Check out these photos and others by visiting caymancompass.com/photogalleries or on facebook.com/caycompass (and don’t forget to tag yourself and your friends!) Nancy Barnard and Jennifer Ahearn Randy Chollette and Nasaria Suckoo-Chollette Fashion designer Isy Obi was among the designers featured at the gala’s fashion show and exhibition. Philip and Emé Paschalides Daniella and Marco CallejaSusan Olde, Natalie Urquhart and Ingrid FelderhofFaye and Dr. Greg Lippitt National Gallery Director Natalie Urquhart with David and Lindsay Bridgeman Sydney Coleman models a colorful jacket at Friday’s gala. – PHOTOS: MAGGIE JACKSONThe islands’ most-trusted news source 7 CAYMAN COMPASS • TUESDAY DECEMBER 4, 2018 OUR OFFICE WILL BE CLOSING AT NOON PLEASE BE ADVISED FRIDA DAD Y AYA , Y,Y DECEMBER 7,7,7 2018 FRIDAY , DECEMBER 7, 2018 winner Shane Connolly, dressed as Jesus Christ at the Last Supper, said he would like to see mental illness des- tigmatized in the way many physical ailments have been. “Mental awareness, still … no one wants to talk about it,” he said before the closing event. “You get your mind straightened out, your body is going to follow a lot easier.” Making discussions about men’s health accessible has long been the goal of Mo- vember, explained founder Tim Rossiter, dressed Friday evening as Satan. “You have big galas here and you have all of these very high-end events, but there wasn’t anything that allowed everybody to get in- volved. That was really what Movember was about when it started in Australia, and what we wanted to do here as well,” he said. The event has grown sub- stantially from its first year, when Mr. Rossiter said a small group raised around $500. This year, the month was punctuated by a series of fundraising events, from touch rugby to golf to yoga. One of the most important evenings of the month al- lowed men to access free prostate cancer screen- ings and interact directly with doctors. More than 200 men turned out for the night, sponsored by the Cayman Is- lands Cancer Society, the Mo- vember committee and the Lions Club of Grand Cayman. “The good thing about the screenings we have for PSA [prostate-specific antigen] at the Lions Club is that most of those guys who come for the free screening are not under a doctor’s care. … So turning up for an event like that, they get the education, they get the information, they can ask questions,” said Jennifer Weber, operations manager for the Cancer Society. “And they also end up de- ciding who their doctor is going to be.” She said Afro-Caribbean men in particular should be vigilant about their pros- tate health. “Because we know Carib- bean men are more likely to develop it earlier, we want to make sure that everyone knows in Cayman that guys should start getting screened from 40,” she said. “Now Caribbean men tend to not go to the doctor at all until about 50 and by then it might be too late. We want to get guys screened and edu- cated on signs and symptoms … so that we keep as many fathers, brothers, uncles here as healthy [as possible].” For those who missed the free health checks during Movember, Ms. Weber said it is not too late. The Cancer Society offers free screenings throughout the year. “The Cancer Society al- ways makes PSA tests avail- able, so any guy who needs one can come in. They fill out a form. They need to be 40. We give them a voucher and they can go get their PSA tests. We will pay for the lab work,” she said. The Cancer Society also offers financial support for those in treatment. Cur- rently, the society provides financial aid for around 400 cancer patients. “We can never predict who is going to come to us for help, so we are so fortu- nate to be able to have the re- sources we need so we can provide for the community that we love,” she said. Moustaches and men’s health take center stage CONTINUED FROM PAGE 1 Tim Rossiter is a founding member of Movember Cayman Islands.The Man of Movember, Ayush Mangal, poses with the Cancer Society’s Jennifer Weber, and Garmina Chawla. Costume Mo winner David Pursely defended his 2017 Man of Movember title as Ron Burgundy of ‘Anchorman.’ - PHOTOS: ALVARO SEREY This year’s Man of Movember, Ayush Mangal, also won the Classic Mo category. The evening’s emcee, Dave O’Driscoll, arrived dressed as fitness guru White Goodman from ‘DodgeBall.’The islands’ most-trusted news source 8 Community CALENDAR ■ COMMUNITY CALENDAR is published TUESDAYS and THURSDAYS. It is available to charitable or nonprofit organizations. Items should be submitted at least three working days before publication. Information must include name of sender, signature and contact number. ■ Items may be faxed to 949-2662, brought to the Cayman Compass office on Shedden Rd. or emailed to cwinker@pinnaclemedialtd.com at least three days in advance of publication. TUESDAY DECEMBER 4, 2018 • CAYMAN COMPASS TUESDAY, DEC. 4 NATIONAL TRUST FUNDRAISER: The National Trust’s George Town District Committee invites adult residents of George Town to attend tonight’s district meeting and wine tasting event. The meeting will discuss how the district can work together to protect important historic sites. Funds from the event will be used to maintain identified sites and preserve history and heritage in George Town for future generations. 6-8 p.m. at Grand Old House. $60 per person. Tickets available for purchase at the National Trust office at Dart Family Park. WEDNESDAY, DEC. 5 PLAN CAYMAN SESSION: The Chamber of Commerce will host a Be Informed session on Plan Cayman at its offices in Governors Square, West Bay Road. Members are invited to attend the session, at 3-4:30 p.m. Director of Planning Haroon Pandhoie and Planning Assistant, Policy and Development, Richard Mileham, will present an overview of Plan Cayman, including the purpose behind the update, and ways in which the public can be involved. Register online at www.caymanchamber.ky. NAU CLOSURES: The Needs Assessment Unit on Grand Cayman will close at noon today for a staff function, and reopen at 8:30 a.m. tomorrow. The Cayman Brac office also will close for a staff meeting and function all day today, reopening at 10 a.m. Thursday. SATURDAY, DEC. 8 HOLY CHRISTMAS CONCERT: St. Ignatius Catholic Church presents soprano Georgina Gatto Deosaran. 7:15 p.m., Loyola Hall. Ms. Gatto Deosaran’s repertoire includes opera, operetta, Broadway, folk and more. An offering will be taken, with all proceeds going to Parish Children’s Programs. Refreshments will be available for purchase. See www.facebook.com/ SopranoGeorginaGatto for more information. CHRISTMAS CAROLS: All are invited to a Christmas caroling event by local performers, hosted by the North Side district at Ronald Forbes Playing Field. 6:30-8 p.m. Free admission and refreshments. SUNDAY, DEC. 9 JINGLE BELL RUN: Cayman Islands Crisis Centre hosts its annual Jingle Bell 5K/10K Walk/ Run. The race will start and finish at Holiday Inn, SafeHaven. After the race, participants will get breakfast and pictures with Santa, all included with the registration fee. Register on www.caymanactive.com/ jingle. $25 pre-registration and $30 day of the event. PROUD OF THEM NOMINATIONS: Today is the deadline for receipt of nominations for the 10th round of the Proud of Them initiative, in which members of the public can nominate young people between the ages of 10 and 25 in the fields of academics, careers, business, sports, culture or community. Nomination forms are available at the link on www.gov.ky. TUESDAY, DEC. 11 CHRISTMAS CONCERT: The Cayman National Choir will perform its annual Christmas Concert at Elmslie Church in George Town today at 7:30 p.m. and again on Thursday, Dec. 13. Free entry. Attendees are advised to arrive early to get a seat. WEDNESDAY, DEC. 12 CHRISTMAS CONCERT: St. Ignatius Band concert and Christmas fundraiser. 7 p.m. Grand prize of $25,000 and lots of other prizes, including five US$300 Cayman Airways vouchers. Tickets are $25 and are available at St. Ignatius and from a number of local supermarkets and other businesses. THURSDAY, DEC. 13 SCUBALUMINATIONS: From 6 p.m. Watch Santa arrive at Rackam’s escorted by his underwater reindeer. Get photos with Father Christmas. Dogs very welcome. Bring a donation for rescue dogs, such as dog kibble, tinned food, dog treats, dog toys, etc. Buy gifts for family and friends from the pop-up shops. Meet adoptable dogs. SUNDAY, DEC. 15 NORTH SIDE CHRISTMAS DINNER: North Side will be hosting its annual Christmas dinner for the community today at 4:30 p.m. at the Craddock Ebanks Civic Center. For more details, contact Alex Johnson on 916-8232. CHRISTMAS CONCERT: The Cayman National Choir will perform its annual Christmas Concert at Elmslie Church in George Town today at 7:30 p.m. Free entry. Attendees are advised to arrive early to get a seat. TUESDAY, DEC. 18 CANCER SOCIETY AGM: The Cayman Islands Cancer Society’s annual general meeting will be held at 6 p.m. at the Chamber of Commerce office in Governors Square. THURSDAY, DEC. 20 CLASSICAL MUSIC AT LIBRARY: Cayman Arts Festival and the Cayman Islands Public Library Service present monthly one-hour concerts at the old George Town Public Library. 6-7 p.m. Includes classical music, poetry and readings from local poets and writers. Tickets available at the door, $20 for adults, $5 for children. Please note that there will only be 75 tickets per event. MONDAY, DEC. 24 SPOT BAY CHRISTMAS HOMECOMING: The Spot Bay Committee on Cayman Brac presents Christmas caroling on foot and door-to-door gift distribution to seniors starting at 7 p.m. GENERAL INTEREST SPECIAL OLYMPICS: Be a volunteer for athlete training at Truman Bodden Sports Complex. Tuesdays, 5:30 p.m. for track, bocce and football, and Thursdays, 5:30 p.m. for basketball. Swimming on Wednesdays at the Lions Pool 10-11 a.m. or on Saturdays at the Cayman International School pool, 9:30 a.m. Email soci@candw.ky or call 916-2600. SEAFARERS HALL: The Cayman Islands Seafarers Association wishes to inform the community that the hall is now available for rent every day of the week, including Saturdays, as the church is no longer contracted with the association at 11 Victory Avenue, Prospect. LIFE ON THE COLONY: Exhibition of artwork by Gordon Solomon at the National Gallery. Through Dec. 5. For related events and school tours, email education@nationalgallery.org.ky. LOCAL HOLIDAY MARKET: Wednesdays and Saturdays at Camana Bay. Throughout the holiday season, the Farmers and Artisans Market returns, infused with Christmas cheer. Located in Heliconia Court (the new courtyard next to the building containing Scotiabank). 10 a.m. to 3 p.m. The final market of the year will take place on Wednesday, Dec. 19. There will be no market on Wednesday, Dec. 5 due to set up for the NKY Fashion Week event. THRIFT SHOP: One Dog At A Time’s “New To You” Thrift Shop is open Saturdays 10 a.m. to 4 p.m. The shop is at Unit 26 at the warehouses on Bodden Road, which runs down the side of Kirk Home Store to the old screen print place. BETHESDA COUNSELLING CENTRE: Caters to all who seek help. Open Monday to Friday, 9:30 a.m. to 5:30 p.m. at 68 Mary Street. Appointments available Saturdays and late evenings. Owned and operated by the United Church in Jamaica and the Cayman Islands. Call 946-6575. HUMANE SOCIETY BOOK LOFT: North Sound Road. Open Monday 12:30-4 p.m.; Tuesday-Friday, 9 a.m. to 4 p.m.; Saturday 9 a.m. to 5 p.m.; Thursday 5:30- 7:30 p.m. Volunteers needed for front desk a few hours per week. For more information, email humanesocietybookloft@ candw.ky or call 946-8053. Donations of books, games, CDs, stationery, DVDs, cards etc. in good condition needed. COMMUNITY CHESS: Tuesdays 5-8 p.m., West Indies Wine Company. Join the Cayman Chess Club for a complimentary chess class and open challenges weekly. Anyone can learn to play and enjoy chess, even beginners. ART OPEN CANVAS: At KARoo Restaurant in Camana Bay, Wednesdays 7-11 p.m. Artists of all levels are welcome to come and enjoy painting and socializing with other artists. Includes use of easels, lights, space, beverage ticket. No fee. For more information, contact info@visualartcayman.com or jar.was@gmail.com. VISUAL ARTS SOCIETY: Adult Open Studio available to those who want to work independently in an inspiring atmosphere. Wednesdays for adults, 9 a.m. till noon. Thursdays Adults and Youth, 10 a.m. till noon. Watler House Art Studio, Pedro St. James. Fee is $5/$15 or Ceramics. $15 pp/$25 pp non-members. Includes use of studio, glazes, and ceramic tools. Clay available $30 per bag/fee for kiln usage. To register, call 546-9422 or email info@visualartcayman.com. CLUBS, ORGANIZATIONS ALCOHOLICS ANONYMOUS: Meets daily to help with drinking problems. Call 926-9044 or visit www.caymanaa.org. NARCOTICS ANONYMOUS: Is available for substance abuse help. Call the info line at 929–NANA (6262). AL-ANON GROUP MEETING: Are you troubled by someone’s drinking? Al-Anon Family Groups can help. Call 928-8843 or email caymanalanon@gmail.com for meeting times. OVERCOMERS OUTREACH: A Christ-centered 12-step recovery group addresses addictions and those affected by them. Meetings at Cayman Islands Baptist Church, Pedro Castle Road, Tuesdays, 7:15 p.m. For details, contact Vanessa Gilman at 946-2422, or visit overcomersoutreach.org. DEMENTIA/ALZHEIMER’S SUPPORT GROUP: This group meets on the last Wednesday of each month at ADACI’s office, 4th floor, Cardinall Plaza, 30 Cardinall Ave., George Town. Call 924-4170 or email info@ adacayman.com. GRAND CAYMAN TOASTMASTERS: Club meets each Thursday 6-7:15 p.m. on 3rd Floor, George Town Public Library. Visitors and guests welcome. Contact George R. Ebanks at 322- 9369 or Grand Cayman Toastmasters club on Facebook. Email info@ toastmastersclub2686.org. THE LIONS CLUB OF GRAND CAYMAN: Meets every first and third Thursday 7:30 p.m. at the Lions Community Centre. Email lionsclubgcm@hotmail.com. THE LIONS CLUB OF TROPICAL GARDENS: Meet every first and third Tuesday at 6:30 p.m. at Elizabethan Square (corner unit). Members of the public are invited to attend. ROTARY CLUB OF GRAND CAYMAN SUNRISE: Service club meetings 7 a.m. every Wednesday at George Town Yacht Club, 612 North Sound Road. Visit www. rotarysunrise.ky or info@ rotarysunrise.ky. KIWANIS CLUB OF GRAND CAYMAN: Meets first and third Wednesdays of the month, 12:30 p.m., at The Wharf Restaurant. Projects include promoting well-being of children in the community and schools. Email president@ kiwanis.ky or view www. kiwanis.ky. For more Community Calendar events, visit www.caymancompass.com/events St. Ignatius Catholic Church presents soprano Georgina Gatto Deosaran on Saturday, Dec. 8, at 7:15 p.m. at the school’s Loyola Hall. CHRISTMAS SERVICES The Cayman Compass on the Tuesday and Thursday before the Christmas holidays will publish listings of churches’ Christmas services. Anyone who wishes to have their ser- vices included should email editor@pinnaclemedialtd.com or call 815-0081.The islands’ most-trusted news source 9 CAYMAN COMPASS • TUESDAY DECEMBER 4, 2018 The Cayman Islands Red Cross would like to inform its members that the Annual General Meeting will be held on Thursday December 13th at 6:00pm at the Cayman Islands Further Education Centre (CIFEC) in the assembly hall. This is an important meeting and all current Red Cross members are encouraged to attend. For more information, contact the Red Cross on 949-6785. in the first quarter of 2018. At the same time, the value of these repossessions dropped from 2.82 percent of the total value of residential mort- gages to 2.0 percent. However, when consid- ering whether current law strikes the best balance be- tween the interests of lenders and borrowers, the commis- sion concluded that the rules for enforcing security over land and real estate should be reformed. A detailed discussion of Cayman’s legal system is complicated by the fact that foreclosures, if properly de- fined as taking over the title to a property and be- coming the registered owner, do not exist under Cayman law, even though the term is widely used colloquially. In practice, this means, for in- stance, that the lender has no right to take possession of a mortgaged property before it is sold. Instead, the rights of a lender are protected under the Registered Land Law by creating a charge over a mortgaged property. In the event of a default, the lender has the right to force the sale of the property. The charge instrument, which serves as security, must include an acknowl- edgement signed by the bor- rower, confirming that the borrower understands the remedies available to the lender if the debt is not re- paid or other obligations under the loan agreement are not complied with. However, the Law Re- form Commission notes that it is not clear if borrowers are fully aware of the mea- sures that lenders can take in such circumstances under section 72 of the Regis- tered Land Law. “It would not be sur- prising to discover that even where the charge instru- ment contains the acknowl- edgement, there are very few cases in which there is, at the closing of a property sale, any reference whatso- ever to section 72, or any of its terms,” the report states. “The purchase of a resi- dential property very often marks a significant mile- stone for the purchaser, ac- companied by the usual eu- phoria and excitement of the accomplishment. Hardly anyone would typically wish to dampen the mood by a de- tailed reference to the po- tential consequences to the purchaser in the event of a default.” If this were the case, the commission said, the law would have failed in achieving its objective of pro- viding a safeguard for bor- rowers to understand all the risks before they enter into a loan agreement. Another issue highlighted by the report relates to the lack of guidance on the in- formation that should be provided by a lender in an enforcement notice, for ex- ample, on the steps that a borrower should take to remedy a default. The commission said, “It is not difficult to defeat the apparent intended purpose of the section 72 notice, which is, to allow the borrower an opportunity to remedy an outstanding breach.” While the law generally strikes a balance between the rights of lenders and bor- rowers, the commission said it would be naïve to assume that both have the same bar- gaining power. Most legal systems leave it to the bor- rowers to enforce their rights by taking the lender to court, the report notes, even though “borrowers faced with an en- forcement sale of their resi- dence will hardly have the financial means to enforce their legal rights.” The commission there- fore asks if there should be mechanisms that allow for the protection of borrower rights without having to incur the expense of court proceedings. Much of the discussed areas of reform in the discus- sion paper concern the way a forced sale is executed. Al- though the law intended for the lender to be able to carry out an enforced sale without the intervention of the court, applications for pre-ap- proval clogged up the Grand Court until the court issued a series of practice directions and the Grand Court rules were changed. The commission said, “The initiatives taken by the Grand Court, applying the developing case law, only be- came necessary because the provisions of the [Registered Land Law] which prescribe a lender’s power of sale are in- sufficiently clear and in need of reform.” Although the number of pre-approval applications to the court have declined con- siderably, the costs of forced sales remain high. Borrowers who are sub- ject to an enforced sale of their property often com- plain about the significant costs that are deducted from the sale proceeds. These costs can mean that despite the sale of the property, the bor- rower remains indebted to the lender, often leading to further legal action. Any reform would have to balance rights and inter- ests of both parties, given that there are valid reasons why the lender should not bear the costs of the borrow- er’s default, the discussion paper said. “One possible solution might be to reintroduce the right of foreclosure as a remedy available to lenders as a means of the lender having the ability to take title to the property, but with the consequence that upon fore- closure, all outstanding li- abilities due to the lender under the secured facility are eliminated.” Another source of conflict between lenders and bor- rowers is whether a lender “acted in good faith” and took all reasonable precautions to obtain the best price in an enforced sale. The courts will approach such a dispute by considering the steps taken by the lender to market the property rather than focus on the achieved price. This is because the courts believe the market value of a property is best evidenced by the market reaction to the property on sale and not the value assigned by a profes- sional appraiser. The report found various marketing processes adopted by different lenders and noted that some practices ap- pear to fall outside of estab- lished standards. “For example, a sale which is defined in terms such as ‘Bank Sale’, or ‘Foreclosure’, would seem not to be consis- tent with the standard that the lender must behave as a reasonable man would be- have in the sale of his own property,” the discussion paper said. “Reasonable per- sons would not signal to the world that the sale of the property is taking place in distressed circumstances.” A sale by a lender to itself or a related party, such as an employee, although per- mitted under the law, “would no doubt attract a very high degree of suspicion,” the paper added. The broad questions that need to be addressed in re- forming the law are whether any changes should be made by amending the Registered Land Law, whether there should be specific new leg- islation dealing with the en- forcement of mortgage secu- rity over residential property or whether these provi- sions should be included in a broader consumer protec- tion legislation. In addition, the report asks if new legis- lation should incorporate the principles established by EU directives relating to residen- tial property in Europe. Another issue highlighted by the report relates to the lack of guidance on the information that should be provided by a lender in an enforcement notice, for example, on the steps that a borrower should take to remedy a default. CONTINUED FROM PAGE 1 Cayman’s foreclosure laws under review without explanation. He said he believed the proposals were out of step with what the majority of the country wanted and suggested a wider national discussion was needed. “It is not reflective of what the majority of people in this country feel. Does the country still believe that gambling should be illegal? They [gov- ernment] don’t know because they have never asked.” He said if the bill came back to the Legislative As- sembly, it would inevitably lead to a debate over the le- galization of gambling. He said raffles and other forms of gambling were fre- quently used by charities and churches to raise funds, and the local numbers game had been entrenched in Cayma- nian society for decades. “How can you increase penalties on something that is almost institutional- ized?” he said. Mr. Bodden made a sim- ilar point in a letter to the Cayman Compass last month saying the current approach was riddled with hypocrisy. He added, “The numbers game has been entrenched in these islands for many years now and many at the lower economic spectrum in Cayman benefit daily from their little winnings. The church people play, the po- lice play, the courts staff play, the prison officers play, and the lawyers, doctors and pol- iticians play. All people play. Let’s be real and honest here. “To stiffen these penalties now, we run the risk of crimi- nalizing many otherwise law- abiding citizens in Cayman.” Instead he suggested the numbers game be legalized, with licensed sellers, in the form of a national lottery. Any move to legalize gam- bling in the Cayman Islands could expect some opposition from the local churches. Bishop Nicholas Sykes said it was a complex issue, but he believes there is a dis- tinction between lotto games like the numbers, and church and charity raffles. He said, “While it may sometimes indeed be diffi- cult to make a clear-cut dis- tinction of principle between the gambling of a lottery or numbers and the charitable gaming of a service club or a church, my view is that be- cause in many cases it is pos- sible and reasonable to make such a moral distinction, to do so is not necessarily hypocritical.” He said he was not against increasing penalties for illegal gambling, such as the numbers game, particu- larly if it could be linked to other crimes. And he suggested le- galizing and taxing num- bers was not something that he would support. “I do not consider making a portion of such gains over to the state coffers any sus- tainable contribution to a principled or sane so- ciety,” he added. The bill proposed massive increases in penalties – in some cases 25 times greater than in the current legislation – as a deterrent for people running underground lotteries, known as the numbers game, and other forms of gambling. CONTINUED FROM PAGE 1 Plan to clamp down on numbers game shelved The Law Reform Commission is advising that Cayman’s foreclosure laws should be updated.Next >