ESTABLISHED 1965 www.caymancompass.com – 50 CENTS – WEDNESDAY DECEMBER 19, 2018 High of 85 Low of 74 Moderate with wave heights of 3 to 5 feet. EDITORIAL | PAGE 4 MAGISTRATE HITS THE MARK ON SERIOUSNESS OF ILLEGAL MOTORBIKING LOCAL | PAGE 2 BIG BABIES BORN TO BANKS FAMILY Legislators approve new economic substance rules MICHAEL KLEIN mklein@pinnaclemedialtd.com Government pushed through new eco- nomic substance rules and other bills during a marathon Legislative Assembly session on Monday in a bid to avoid a European Union tax blacklisting. The EU is specifically targeting companies based in low- or no-tax jurisdictions that have little or no economic activity but attract sub- stantial profits generated elsewhere. The new rules require Cayman-registered companies active in nine defined areas to demonstrate they have “adequate” economic activity locally to justify the profits they make. The changes introduced by the three bills passed by the Cayman Islands legislature on Monday are the result of commitments made by the government in December 2017 that it would address any concerns over its tax system identified by the EU before the end of this year through legislative changes. The International Tax Co-operation (Eco- nomic Substance) Bill, the Local Companies (Control) (Amendment) Bill, and the Companies (Amendment) (No. 2) Bill were debated only 12 days after the draft bills were published. This is significantly shorter than the typical 21-day period, designed to give lawmakers enough time to deliberate proposed legislation. Minister for Financial Services Tara Rivers said the compressed timeline was the result of extensive, months-long consultation with the private sector to develop “a unified jurisdic- tional position.” Nine industry working groups, involving more than 100 financial services representa- tives, had worked on developing substance re- quirements since May and government had circulated multiple draft bills among 15 in- dustry groups since early October. “Arriving at this position takes time,” she CRUISE PETITIONERS SEEK ASSURANCES FROM GOVERNOR JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Campaigners collecting signatures for a petition to force a people-initiated referendum on the controversial cruise port project met with the governor Friday as they continued their push for Cayman Islands voters to de- cide the issue. The group, Cruise Port Referendum Cayman, says it is getting close to the target of 5,288 signatures – representing 25 percent of the electorate – required to trigger a public vote on the port. Amid news that government has already agreed to a contract with two major cruise lines to help finance the project, the group was seeking assurances that the governor’s office would help ensure the constitutional require- ment for a referendum is upheld if and when the petition hits its target. In a brief press release about the meeting, CPR Cayman stated, “The group raised con- cerns that included the government’s overall lack of transparency, the significant envi- ronmental impacts to the marine environ- ment, and the financial implications of Cay- man’s most expensive and complex capital works project. “The group also sought assurances that the Governor’s Office, with constitutional oversight for good governance and security, would ensure that the constitutional rights of Christmas clampdown on drunk driving menace JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Traffic police are promising a clamp- down on drunk driving as the Christmas party season approaches. Extra officers and special constables have been seconded to the traffic unit and roadblocks are planned throughout Christmas and New Year. Code named Operation Azurite, the clampdown will see police out in force throughout the night. Inspector Ian Yearwood, head of the Royal Cayman Islands Police Service traffic department, urged motorists not to risk their lives or their licenses over the holiday. He said there had already been 21 ar- rests for driving under the influence of al- cohol in the first two weeks of December. Several of those gave blood-alcohol read- ings of more than double the legal limit. While the campaign is primarily focused on drunk driving, he said motorists with il- legal tints, unlicensed or uninsured vehicles also risked being caught and charged. PLEASE TURN TO PAGE 7 » A police officer uses a radar gun to track the speed of cars on Godfrey Nixon Way on Tuesday. Police have begun their holiday clampdown on traffic offenses. - PHOTO: TANEOS RAMSAY PLEASE TURN TO PAGE 7 » PLEASE TURN TO PAGE 6 »2 LOCAL NEWS WEDNESDAY DECEMBER 19, 2018 • CAYMAN COMPASS SPENCER FORDIN sfordin@pinnaclemedialtd.com An alleged conspirator in a plan to bring cocaine into the Cayman Islands gave evi- dence this week in the Grand Court trial of David Karl Lobo, 33, a Customs officer charged with conspiracy to import cocaine. Lesme Perez Ruiz, who had earlier pleaded guilty to conspiracy to import drugs and being knowingly con- cerned in the importation of cocaine, laid out the details of an intricate effort to bring drugs into Cayman via Owen Roberts International Air- port in 2017. Crown counsel Pat- rick Moran questioned Mr. Perez Ruiz for several hours Monday, and defense attorney Amelia Fosuhene cross-exam- ined him Tuesday. Mr. Perez Ruiz, a Venezu- elan national who lives in Co- lombia, speaking via an in- terpreter, alleged that he was the “middleman” in a scheme to bring cocaine from Co- lombia into Cayman in in- gested condoms. Another man involved in the cocaine importation plan, Alan Taylor Domin- guez, who has also pleaded guilty, is scheduled to be sen- tenced Thursday. Mr. Perez Ruiz told the jury that Mr. Lobo purchased the drugs upon arrival in Cayman and assisted in the importation by sending fund transfers via Western Union to the conspirators. Using cellphone data, Mr. Moran questioned Mr. Perez Ruiz about the planning pro- cess for the two smuggling operations, both of which oc- curred in May 2017. According to Mr. Perez Ruiz, Mr. Dominguez had contacts in Cayman that ul- timately led to Mr. Lobo, while Mr. Perez Ruiz was re- sponsible for shepherding the smugglers on their journey to Cayman and back home. The first smuggling op- eration occurred on May 12, and Mr. Perez Ruiz said he accompanied the smug- glers on a journey that took them from Colombia through Panama and Cuba on their way to Cayman. He said the two smugglers had ingested condoms filled with liquid cocaine that they would later expel. Mr. Perez Ruiz said he first met Mr. Lobo – who had allegedly sent him a Western Union transfer the day be- fore – the night he arrived in Cayman. Mr. Lobo met them at their hotel, he said, and Mr. Dominguez introduced him to Mr. Perez Ruiz as their contact in Cayman. “He was going to buy the drugs,” said Mr. Perez Ruiz. They conversed in Spanish, according to the witness, and when asked how Mr. Lobo appeared to him, Mr. Perez Ruiz said he appeared normal. “Anyone who was in that kind of busi- ness would appear satisfied that it arrived at the destina- tion,” he said. Mr. Perez Ruiz went on to testify that another man in the drug smuggling ring, who had arrived on a sep- arate flight, converted the liquid cocaine back into powder form. Once the pro- cess was complete, said Mr. Perez Ruiz, Mr. Lobo came back to the hotel and gave them the equivalent of US$13,000 for 950 grams of cocaine. “On that day, we told [Mr. Dominguez] that the drugs were ready and he should pick them up. Mr. Lobo brought the money and we gave him the drugs,” he said. Mr. Perez Ruiz, who runs a travel business in Co- lombia, also helped purchase a plane ticket to the U.S. for Mr. Lobo, and he said he did it under the understanding that Mr. Lobo would be at- tempting to move the cocaine to sellers there. They later met again when Mr. Lobo had returned from the U.S. and began planning a second operation to move cocaine from Co- lombia to Cayman. “I told him I was going to organize it,” said Mr. Perez Ruiz. Mr. Perez Ruiz testi- fied that Mr. Lobo sent him $1,000 via Western Union for the second trip on May 25. Mr. Lobo also helped orga- nize hotel rooms for the in- coming smugglers, he said. Mr. Perez Ruiz also al- leged that Mr. Lobo ad- vanced him $1,000 to pay the smugglers on May 30. The second smuggling operation occurred on May 31, said Mr. Perez Ruiz, and he met two smugglers in Cuba for their flight to Cayman. He testi- fied that he met Mr. Lobo at a fast food restaurant upon their arrival, and he said Mr. Lobo later brought a dig- ital scale he had requested to the hotel. Earlier in the case, crown counsel Patrick Moran had shown the jury a video of Mr. Lobo pur- chasing a digital scale from A. L. Thompson’s. On June 1, Mr. Lobo al- legedly gave Mr. Perez Ruiz $10,000 in advance for an ex- pected 1.8 kilograms of co- caine, leaving a balance of $12,000 upon delivery. Mr. Lobo later dropped by the hotel when the product was nearly ready, said Mr. Perez Ruiz, but the final de- livery was not made because the police arrived at the hotel and arrested the smugglers. Mr. Lobo was arrested sepa- rately while driving in his car. Ms. Fosuhene questioned Mr. Perez Ruiz extensively Tuesday about the veracity of the various statements he made to police before pleading guilty. The witness conceded that he had told un- truths to the police regarding the way that he left the air- port and about the money that he had brought with him to Cayman from Cuba. “Yesterday, I told the truth 100 percent,” he said on Tuesday. “At the begin- ning, in the first interview, I lied just to not get more people involved.” After strenuous ques- tioning, Mr. Perez Ruiz later admitted he had also lied to authorities during the course of his second and third police interviews. Ms. Fosuhene also asked about some small bronze- and-gold pre-Columbian statues that Mr. Perez Ruiz had brought with him from Colombia in the hope of selling. Mr. Lobo said during a police interview that he had wanted to purchase the statues. Mr. Perez Ruiz told the court Tuesday that he met with Mr. Lobo while in prison and the defendant had told him to stand firm and say the only business they had was with the statues. Cross-examination by Ms. Fosuhene was continuing at press time. • 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. - WEDNESDAY - 640-FILM (640-3456) SECOND ACT (PG13) 2:25 I 4:50 I 7:00 VIP I 9:30 VIP I 10:00 MORTAL ENGINES (PG13) 12:40 3D I 3:30 VIP I 6:50 I 9:45 3D ELLIOT THE LITTLEST REINDEER (PG) 1:10 I 6:30 ROBIN HOOD (PG13) 1:00 I 3:45 I 7:10 I 9:50 SPIDER-MAN: INTO THE SPIDER-VERSE (PG) 12:45 VIP I 3:35 3D I 7:20 I 8:45 3D THE GRINCH (PG) 1:45 I 4:00 I 6:20 RALPH BREAKS THE INTERNET (PG) 3:25 3D I 8:35 JET SKI MISSING AFTER BREAKING FROM MOORING Police are appealing for anyone who comes across this red and black Sea-Doo RXT-X 300 Jet Ski, that broke away from its mooring, to get in contact with them. The Sea-Doo had been moored off The WaterColours complex on West Bay Road and was discovered missing on Monday afternoon. Anyone with information regarding this missing Jet Ski is asked to call the George Town Police Station at 949-4222. Big babies born to Banks family KEN SILVA ksilva@pinnaclemedialtd.com Katrina Banks and Daniel Banks Sr. received an early Christmas present last Wednesday when Mrs. Banks gave birth to the heaviest twins on record to be born in Cayman, according to the Health Services Authority. The twins, Daniel Matias Banks and Daniella Banks, were born at Cayman Islands Hospital on Dec. 12 at 8:21 a.m. and 8:22 a.m., respec- tively. They weighed a com- bined 16 pounds, 15 ounces – nine pounds, five ounces for the boy and seven pounds, 10 ounces for the girl. To birth of twins was not exactly unexpected for the couple, as both parents have twins on their sides of the family – Mrs. Banks is also related to the Cayman triplets Staci, Suzanne and Kristi Scott. However, giving birth to the territory’s heaviest twins on record came as a bit of a shock, Mrs. Banks said. “I was very surprised they were the heaviest, but the most important part was that they’re healthy,” she said. One of the reasons the twins were born so heavy was because Mrs. Banks car- ried them to the full 38-week term, which is rare for mul- tiple births. “I was just really focused and determined to reach full term with them because I wanted them to be healthy,” Mrs. Banks said. “It was re- ally uncomfortable the last few days, I must say. I got to the last night, and was like, ‘OK, I’m ready.’” While they are the heaviest twins on record to be birthed in Cayman, the Banks babies still do not come close to the world record. According to the Associated Press, that re- cord belongs to twins who were born in Arkansas in 1927, weighing a combined 27 pounds, 12 ounces. Alleged conspirator testifies in cocaine case Daniel Banks Sr. and Katrina Banks are parents to the heaviest twins born at the Cayman Islands Hospital, Daniel, left, and Daniella, who weighed a combined 16 pounds, 15 ounces. Their 10-year-old sister, Mya, sits at the left. - PHOTO: KEN SILVA Police are trying to find this Sea-Doo.The islands’ most-trusted news source 3 CAYMAN COMPASS • WEDNESDAY DECEMBER 19, 2018 Monday, December 24th — CLOSED Tuesday, December 25th — CLOSED Wednesday, December 26th — CLOSED ursday, December 27th — OPEN ALL DAY Friday, December 28th — OPEN ALL DAY Monday, December 31st — OPEN 9AM—12PM Tuesday, January 1st — CLOSED e Board of Directors, Management and Sta of CINICO would like to take this opportunity to wish for you a Blessed Christmas and a Happy, Healthy & Safe New Year! Holiday O ce Closures Holiday O ce ClosuresThe 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” If Magistrate Valdis Foldats ever tires of presiding over court matters, perhaps we could persuade him to exchange his robe and wig for pen and ink – and to become an editorial writer for the Compass. Judging by his comments concluding a recent case against a rogue motorbiker, Mr. Foldats is as good at composing sentences as he is at handing down sentences. The case in question involved one Alvin Shaquille Ebanks, who: 1) stole a motorcycle, 2) led police on a 30-minute pursuit, 3) pulled wheelies and stood on the seat of the motorcycle while trying to make his getaway, and 4) used his cellphone to record the events while they unfolded – making him the star, stuntman and director of this incredibly dangerous extended chase scene. When law enforcement officers (supported by the police helicopter) finally caught up with Mr. Ebanks, he ditched the motorcycle in the bushes and fled into a West Bay store. He locked himself in a bathroom, and then attempted to flee one more time – shoving a police officer into shelves of produce before he was subdued with pepper spray and arrested, according to the prosecution. Summary Court Magistrate Foldats sentenced Mr. Ebanks (who had pleaded guilty) to one year in prison for multiple offenses, while suggesting that if the pros- ecution had elected to take the case to Grand Court, Mr. Ebanks may have received a longer sentence than the one-year maximum for dangerous driving allowed in Summary Court. Mr. Foldats added that the Legislative Assembly may want to review sentencing guidelines for dan- gerous driving in light of the threat posed by rogue bikers, whom he described as a “menace to the public.” He said, “I imagine the legislators weren’t aware of motorcycle grandstanding when they put those [sen- tencing guidelines] in place.” (We wonder whether our elected legislators are aware that rogue bikers are a “menace to the public.” We’ve said it before, and now a magistrate has said it, but we’ve never heard it said, publicly, from a politician.) When Mr. Ebanks’s attorney suggested that his client – who had previous convictions for similar offenses – was apparently a skilled rider who had never actually caused an accident, Mr. Foldats inter- jected: “I am going to put that down to luck. All you have to have is somebody crossing the street at the wrong time and someone standing on their seat is not in a position to do the right thing.” It is perhaps rare for a court of law to align so pre- cisely with the court of public opinion. This particu- larly egregious case is a microcosm of the island’s serious issue of reckless motorbiking – behavior which is obnoxious, dangerous, illegal and, at its worst, a blatant display of disdain for police and disregard for the concepts of public safety and law and order. As in any other prevalent criminal activity, the surest (and likely only) way to put a stop to illegal motorbiking is for police to make arrests and collect evidence, for prosecutors to build and argue strong cases, and for courts to acquit or convict according to the merits of each case – in a swift and efficient manner. In this case, we praise police for their actions, and we commend Magistrate Foldats for utilizing the tools at his disposal. We urge lawmakers to heed Mr. Fol- dats’s counsel, and to review sentencing guidelines in the context of the clear and present danger posed by illegal motorbiking. Magistrate hits the mark on seriousness of illegal motorbiking WEDNESDAY DECEMBER 19, 2018 • CAYMAN COMPASS The uncertainty tax President Trump’s tariff turmoil, U.K. Prime Minister Theresa May’s bungled Brexit negotiations, French Presi- dent Emmanuel Macron’s tax fiasco, etc. are all causing a slowdown in productive global investment and eco- nomic growth. The recent de- cline in the stock markets can be largely attributed to policy uncertainty. Mr. Trump is not to blame for the Eu- ropean mess, but his erratic trade actions and other un- predictable comments have contributed to the drop. He was on solid ground when he took much of the credit for the stock market rise, but now he needs to take some of the blame for the fall. Investors detest unneces- sary uncertainty by govern- ment actors. All business in- vestment decisions involve risk and uncertainty. Busi- ness students are taught, when making an investment decision, that what is impor- tant is the expected after-tax rate of return after adjusting for risk and uncertainty. The probabilities of risks, such as those associated with hurricanes, tornadoes, earth- quakes, floods, and droughts, etc., can be calculated with some precision and put into an investment model. Uncer- tainties, such as the erratic and incompetent actions of politicians and other policy- makers, are much harder to quantify; so in an abundance of caution, many investors assume the worst – causing them to pull back. Scaremongering about global warming causes some policymakers to propose and implement highly economi- cally destructive “solutions” when cheaper and less de- structive alternatives are available. Even assuming that some of the more ex- treme climate change projec- tions are accurate, it is likely to be many decades before real problems emerge. In the short run, more carbon di- oxide means cheaper food be- cause carbon dioxide stim- ulates plant growth. Also, warmer temperatures up to a point mean better health for many people because cold is more dangerous to health than warmth. Given the rate of technological progress, it probably makes little sense to engage in costly pro- grams to attempt to mod- erate global warming – at this time – when better and relatively less expensive so- lutions are likely to be avail- able in the future. Many of the current al- leged solutions affect the poor to a much greater de- gree than the wealthy. Wit- ness the French riots over the huge taxes on motor fuels, which are a major hit on the rural poor, and have little im- pact on the rich and the in- ternational bureaucrats who come up with such schemes. Less investment means fewer high-paying jobs. The global tax, securities, and other regulatory lawyers and bureaucrats, and their polit- ical masters, are directly (and in a moral sense criminally responsible) for slow growth, due to the uncertainty tax they place on business people and investors throughout the world. They have made all too few attempts to truly measure the cost-effective- ness of their laws and regu- lations. The laws and regula- tions are often contradictory both within and between countries. Such contradic- tions have a stifling effect on the willingness of people to engage in productive invest- ment and business activity. Every day, business people are convicted for of- fenses in some jurisdiction other than their own for vi- olations of regulations and laws that they would have no reasonable expectation to know even exist. It is legal in Oregon to sell “vaping” de- vices to help people give up smoking. Yet, it is illegal to let customers know the flavors (e.g. strawberry, peach, etc.) put into each of the vapor fluids being sold before they buy them. The regulation is not only stupid, but violates the U.S. Constitution’s pro- tection of free speech – and thus will probably be thrown out by the courts – but in the meantime serves as an un- certainty tax. The safest course for a business person is to do nothing in order to avoid vi- olating some nonsensical and destructive regulation or law. When the IRS and other U.S. government agencies go after companies and individ- uals who live and operate in other countries for violations of U.S. tax or securities laws that took place elsewhere, it understandably builds huge resentment toward the United States. The Paris-based Organ- isation for Economic Co-op- eration and Development (OECD) and the Interna- tional Monetary Fund (IMF), at times, lobby for increased taxes on others and often at destructive rates. Yet, their employees and those of some other international organiza- tions enjoy tax-free salaries. If a U.S. nonprofit organiza- tion that advocates lower taxes has an office in Paris, its employees would have to pay income taxes. Most people are totally unaware of this hypocritical situa- tion, but if they knew about it, they would probably be outraged. Congress should stop funding these organi- zations until fundamental reforms are made. And any new U.S. ambassador to the OECD should be required to pledge to work for reform and budget reductions be- fore being confirmed. Most periods of slow economic growth or reces- sions or worse are caused by those in government doing the wrong thing. When mem- bers of the political class start talking about doing the wrong thing – most often in- creasing taxes or regulations – the mere fact of serious dis- cussion about it results in an uncertainty tax – thereby re- ducing investment, growth and job creation. Some po- litical actors are so mean- spirited that they try to hurt their opponents who may be in power by proposing things (uncertainty taxes) just to undermine the economy – even though that hurts most everyone. Richard W. Rahn is chairman of the Institute for Global Economic Growth and Improbable Success Productions. © 2018. The Washington Times, LLC. RICHARD W. RAHN Business students are taught, when making an investment decision, that what is important is the expected after-tax rate of return after adjusting for risk and uncertainty.5 LOCAL NEWS CAYMAN COMPASS • WEDNESDAY DECEMBER 19, 2018 Chefs seek to put iguana on menu Taste of Cayman debut for invasive lizard JAMES WHITTAKER jwhittaker@pinnaclemedialtd.com Cayman Islands chefs are hoping to turn green iguana into a marketable food source in an effort to make better use of the thou- sands of culled animals cur- rently being disposed of at the landfill. A delicacy in Latin America, often compared to chicken, green iguana will make its culinary debut at the Taste of Cayman food fes- tival this year. Thomas Tennant, one of the chefs who helped pio- neer an “eat em to beat em” approach to tackling the in- vasive lionfish that threaten the health of Cayman’s reefs, believes a similar strategy can be effective with green iguanas. Mr. Tennant, formerly of Michael’s Genuine Food and Drink, said making the inva- sive lizards a marketable food source was the only way to ensure numbers stayed down in the long term. Though gov- ernment is currently investing heavily in an islandwide cull that has seen 250,000 iguanas killed in the last six weeks, Mr. Tennant questioned how long that would continue. He believes putting iguana on menus around the island could provide a more sustain- able long-term solution. So far, only Tukka in East End has taken the plunge, offering a starter platter of green iguana-based dishes to diners. Mr. Tennant hopes his demonstrations at Taste of Cayman, the KAABOO festival and Cayman Cookout will help convince more chefs to get involved. He acknowledged that some were reluctant to eat lizard, but said there had been barriers to lionfish at first, and now it is only lack of supply that prevents it from being a staple on menus all over the island. “I had to get people to watch me eat lionfish to convince them it was OK,” he said. “Iguana might be a harder sell for some people. I am trying to figure out the best presentation for Taste of Cayman. It is actually pretty good, lean meat, like dark meat chicken.” He said he had experi- mented at Cayman Thanks- giving, testing his ideas on family and friends. “I have stewed it, jerked it, grilled it. I actually made a pâté, which turned out pretty good.” He believes confit-syle slow cooking may be the best method to put iguana on the main course. Mr. Tennant believes both lionfish and iguana have a unique appeal to eco-con- scious diners who want to eat meat while helping the environment. He said putting it on menus could be good for everyone. The Department of En- vironment has already ex- pressed support for initia- tives to make iguana a food source. Fred Burton, the de- partment’s terrestrial re- sources manager, previously told the Compass that tar- geting iguanas for food could help maintain pressure on the species once numbers start to come down. One barrier to using the tens of thousands of iguanas currently being culled for food is the regula- tions governing preparation of culled animals for human consumption. Export business Spinion, which has a food processing plant in George Town, can only accept live iguana, be- cause the animals have to be culled on site to meet food safety standards. The business is supplying processed green iguana to Tukka, as well as to the U.S. export market. “I think the importance of the commercial side will really kick in once the DoE cull ends,” said Maria Yapelli, who runs the business. “I think what Tom is doing at Taste of Cayman will be re- ally telling as far as creating a desire for iguana on the island. So far, it is just Tukka that is serving green iguana. It will be interesting to see if more res- taurants start to do it.” Ron Hargrave, who runs Tukka in East End, said the dish had proved popular among diners. He serves it as an appetizer platter, cooked three different ways. He is supportive of the gov- ernment-sponsored cull but would like to see the culled animals put to better use. “My take on this is, it is a shame that they are just dropping them in a pit,” he said. “It doesn’t seem re- spectful to the animal. It is a food source that could be used. It would be good to do something with them and not have them go to waste.” A delicacy in Latin America, often compared to chicken, green iguana will make its culinary debut at the Taste of Cayman food festival this year. A dish of iguana curry at Tukka restaurant. Currently, Tukka is the only restaurant that regularly has iguana on its menu, but independent chef Thomas Tennant plans to serve it up at Taste of Cayman. - PHOTO: MATT LAMERSThe islands’ most-trusted news source 6 WEDNESDAY DECEMBER 19, 2018 • CAYMAN COMPASS Tour times are every hour 9am - 4pm Reservations Required from Cayman Crystal Caves 69 North Side, Old Man Bay www.caymancrystalcaves.com (345) 925-3001 • (345) 949-2283 December 15, 2018 - January 5, 2019 The 10% off will be applied towards the purchase of Gift Certificates only. Mention coupon code “Stocking Stuffer” to receive your discount. Family Packages available Mention this AD and receive 10% off at the ticket office This Christmas give the gift of Gift Certificates are available and make great stocking stuffers. adventure!adventure!adventure! the Caymanian people would be upheld when the petition signed by 25 percent of reg- istered voters is presented to the government, in accor- dance with Section 70 of the Constitution.” The Governor’s Office con- firmed the meeting had taken place, but there was no in- dication from either party that the governor would in- tervene in the issue in any way. He has previously said that the cruise port is a matter for Cayman’s elected government. In an emailed statement released in response to ques- tions from the Cayman Com- pass, the Governor’s Office wrote, “The discussions were constructive and informa- tive. The Governor believes it is important to be acces- sible to all sectors of society in the Cayman Islands to en- able him to listen to a cross section of views on the im- portant issues facing the territory.” Earlier this month, Pre- mier Alden McLaughlin an- nounced that Royal Carib- bean Cruises and Carnival Corporation had made “formal financial commit- ments” to help build the cruise berthing facility. He said the two cruise lines, which are also reported to be involved in one of the bid teams for the project, would work with which- ever consortium was selected as preferred bidder and no public money would be spent on the dock. Asked if and how the ex- istence of the contract with the cruise lines impacted the chances of a referendum on the project, the Ministry of Tourism said it was not in a position to say. “With respect to the port project itself, the formal agreement, which has been approved by Cabinet, repre- sents a firm financial com- mitment and is a significant step forward in the cruise berthing facility,” a ministry spokesperson said. It is not clear if the agree- ment involves any financial penalties for the Cayman Is- lands Government if a ref- erendum is called and the project is delayed or dis- carded entirely. The ministry spokes- person said the level of fi- nancing, the time limits and other terms of the agree- ment with the cruise lines are confidential. The final design and cost of the project will not be final- ized until the bid process to design, build, finance and maintain the facility is com- plete. Three consortiums are currently competing in the final stages of a lengthy tender process. Asked how the arrange- ment with the cruise lines fit in with that wider procure- ment process, the spokes- person said, “This agree- ment means that the cruise lines will provide funding for the project in partner- ship with the preferred bidder who ultimately wins the contract to construct the piers.” The cruise line investment will be repaid through pas- senger fees. The spokesperson added, “The cruise lines invest- ment in the construction of the Cruise Berthing Fa- cility means that they have a vested interest in the project. Under this type of public-private partnership, it is in their interest, as well as in the country’s interest, for cruise passenger num- bers to be maintained at a level which facilitates repay- ment of the financial agree- ment. The Outline Business Case estimated that with a berthing facility in place cruise passenger arrivals could increase to 2.3 mil- lion per year.” CONTINUED FROM PAGE 1 Cruise petitioners seek assurances from governor Man jailed for stabbing at bar SPENCER FORDIN sfordin@pinnaclemedialtd.com Carlo Malik Webster Jr. was sentenced to five years and three months in prison Tuesday for stabbing a man at the Jungle Bar in March 2017. Mr. Webster, who was 21 at the time and is now 23, pleaded guilty for wounding with intent to cause grievous bodily harm and carrying a restricted weapon – a knife – at night. Justice Roger Chapple read the facts of the case on Tuesday before issuing his sentence. The judge said the confrontation was caught on CCTV, and that he had watched the footage before making his sen- tencing decision. Mr. Webster was involved in an altercation at the bar, and Justice Chapple said the footage clearly showed the defendant pulling a knife and stabbing the complainant. The stabbing happened nearly 30 seconds after the initial altercation had ended. “The attack was, it seems to me, entirely unprovoked,” Justice Chapple said. “There was no reason for the defen- dant to become involved at all, no less twice.” The court heard that the knife left a 5x2 centimeter wound to the complainant’s lower right abdomen, and he was taken to Cayman Is- lands Hospital for emer- gency surgery. Justice Chapple said that the victim spent a week in the hospital and was later brought back for fur- ther treatment, adding that he suffered financial loss through medical bills and loss of wages totaling more than $12,000. The defendant had had an “unstable” childhood and lived with his father until he was shot dead, Justice Chapple said, and he was later sent to a boys’ home. The court heard that Mr. Webster had appeared before the court for 15 various of- fenses, starting in 2012. Defense counsel Jonathon Hughes said that his client was clearly remorseful, but Justice Chapple noted that he is at a “very high risk of re-offending.” The judge also noted that the defendant did not plead guilty until a month before trial and nearly 17 months after the incident had occurred. Mr. Webster was sen- tenced to 7.5 years for the wounding with intent charge, but Justice Chapple noted that he was due a 20 percent reduction for his guilty plea. That brought the sentence to six years, and it was fur- ther reduced because the de- fendant had served 508 days on an electronic monitor and curfew. Justice Chapple credited him for 254 days before ar- riving at the final sentence of five years and three months. Mr. Webster was also sentenced to a year for car- rying the restricted weapon at night, but that charge will run concurrently. The stabbing happened nearly 30 seconds after the initial altercation had ended. Governor Martyn Roper, third from left, with, from left, Cruise Port Referendum Cayman’s Johann Moxam, Naomi Johnatty, Mario Rankin, Katrina Jurn and Michelle Lockwood. The Courthouse Building in downtown George Town.The islands’ most-trusted news source 7 CAYMAN COMPASS • WEDNESDAY DECEMBER 19, 2018 said. “I don’t want any member or the listening public to think that this was a rushed bill delivered at the eleventh hour. It is quite the opposite.” Deputy Opposition Leader Alva Suckoo, in turn, said the bills had been “rushed.” While the minister went to great detail about the in- dustry consultation, “we had to circumvent democracy,” he said. “We had to gazette bills without the required notice and while the consul- tation went through the var- ious stages, we forgot one important element, the key stakeholder in all of this: the people.” Both Mr. Suckoo and George Town independent MLA Kenneth Bryan noted the lack of a definition of “economic substance” in the legislation and questioned whether an economic im- pact or cost-benefit anal- ysis had been done for the substance legislation. Mr. Suckoo also expressed doubts that the new rules would ever become a global standard, as claimed by the government. Premier Alden McLaughlin responded that the “collec- tive opinion of the Oppo- sition has been wholly un- helpful.” The definition of adequate substance was different for each industry and business and had to be defined in the regulations. Each case would have to be assessed on its own merit, based on the nature and scale of the business. The regulations have yet to be published and guid- ance notes explaining how the law should work in practice have not been re- leased so far. In addition, the effect of the legisla- tion on the economy is far from clear. “The economic impact of introducing substance requirements in Cayman cannot be determined at this stage because there is simply no data on the ma- jority of business being conducted in Cayman,” the premier said. “Rough estimates suggest that up to 20,000 companies may be affected.” But the substance re- quirements should not affect companies that are here for legitimate commercial rea- sons, he said. It also should not affect companies that are here for tax reasons, pro- vided the income they earn elsewhere is subject to ap- propriate taxation in the rel- evant jurisdictions. “Companies that are here in an attempt to circumvent tax obligations elsewhere will have a choice: They can go back to onshore jurisdic- tions with direct taxation or they can increase their level of substance in Cayman,” by having adequate phys- ical office space, manage- ment presence and a suf- ficient number of qualified staff employed locally, Mr. McLaughlin said. The substance stan- dard had recently been en- dorsed by the OECD Forum on Harmful Tax Practices, the premier said, which thereby elevated it to a global standard in 122 na- tions, including the United States and other competing jurisdictions. However, he conceded that there was some concern it may not be applied equally in all these countries. Mr. McLaughlin warned that a blacklisting “would be a disastrous result for this country,” noting that the OECD Forum on Harmful Tax Practices will develop its own blacklist next year. Reputational concerns extend also to the Caribbean Financial Action Task Force review of Cayman’s anti- money laundering regime, the premier added. “Indica- tions are we are not going to get a terribly good re- port,” he said. Mr. McLaughlin noted that among the EU and the OECD, “the thought process was constantly evolving.” This forced the government to make changes to the pro- posed legislation up to the last minute, to avoid what happened in Bermuda, where the EU Code of Conduct Group flat out rejected the proposed substance legisla- tion earlier this month. This was why govern- ment had taken so long and consulted so broadly both locally and in constant di- alog with EU and OECD of- ficials, he said. “There are no guarantees that we have gotten it right, but we be- lieve we are as good as we possibly can be at this stage,” he added. Members of the Legisla- tive Assembly also approved amendments to the Local Companies Control Law and the Companies Law to ad- dress EU concerns that or- dinary companies operating locally and exempted com- panies operating outside of Cayman were treated differ- ently under the law. Exempted companies were until now not allowed to operate in Cayman, to provide a level of protection from external competition in business activities that Cay- manians have the expertise and wherewithal to conduct. Commerce Minister Jo- seph Hew said government had ensured that the amend- ments that give exempted companies the option to op- erate locally were appro- priate for local businesses and that those companies do not have an advantage over local companies. Exempted companies that choose to operate in Cayman must comply with 60 percent local ownership and partici- pation requirements or apply for a Local Companies Con- trol License. He said, “Usually Christ- mastime is a festive time for people. You have office parties and people are drinking a bit more than usual throughout December. Our campaign tar- gets those drink drivers in an effort to reduce the number of collisions.” There are an average of 10 collisions every day on Cayman’s roads, and Mr. Yearwood believes many of those can be linked to drunk driving. He said 339 people have been arrested for DUI this year – an average of approxi- mately one per day. He appealed to anyone planning on drinking over the holidays to leave their vehi- cles at home. “If you know you are going to drink, please find an alternative mode of transpor- tation,” he said. “It is not worth the risk. At the minimum, you will suffer the loss of your driving li- cense for a year. In the worst case, you could be involved in a collision that results in in- jury or loss of life to you or someone else.” He said the private and nonprofit sectors were doing their best to help the situ- ation. The National Drug Council has collaborated with the police on a cam- paign to encourage people to use designated drivers and will operate the Purple Ribbon Bus Service until 4 a.m. on New Year’s Eve, of- fering free rides to revelers throughout the night. Mr. Yearwood also com- mended a growing number of businesses that he said were providing transport for their employees after office parties. “This kind of corporate responsibility is something we definitely want to en- courage,” he added. Legislators approve new economic substance rules Christmas clampdown on drunk driving menace CONTINUED FROM PAGE 1 C M Y CM MY CY CMY K Half page 6.8222x11.8975.pdf 1 11/29/18 11:42 AM CONTINUED FROM PAGE 1The islands’ most-trusted news source 8 WEDNESDAY DECEMBER 19, 2018 • CAYMAN COMPASS Putin: new weapons have no equivalent President Vladimir Putin says Russia’s new weapons have no foreign equivalents and will help ensure the country’s security for decades to come. Putin said the new Kinzhal hypersonic missile and Avangard hypersonic glide vehicle have significantly bolstered Russia’s military capability. Fighting in Yemeni city dies down as cease-fire takes hold SANAA, Yemen (AP) – Yemen’s key port city of Hodeida was calm Tuesday morning, hours after a U.N.-mediated cease-fire went into effect between government-allied forces and the country’s rebels, Ye- meni officials said. Fighting subsided as the cease- fire took effect, with only the spo- radic sound of automatic weapons fire heard in the city, where the port handles about 70 percent of Ye- men’s imports. Yemen’s four-year conflict pits the internationally recognized gov- ernment, backed by a Saudi-led co- alition, against Shiite rebels known as Houthis. The government of President Abed Rabbo Mansour Hadi called for its forces to “cease-fire in both Hodeida city and the province” also named Hodeida, according to a statement from Hadi’s Defense Min- istry. The rebels also welcomed the cease-fire in the key port city. The agreement came during U.N.-sponsored talks in Sweden last week. A joint committee led by U.N. officers will oversee the cease-fire and the redeployment of the war- ring parties’ forces out of Hodeida, which is currently controlled by the Houthis. Local authorities and po- lice will run the city and its three port facilities under U.N. supervi- sion, and the two sides are barred from bringing in reinforcements. U.N. envoy Martin Griffith has said the committee is expected to start its work swiftly “to translate the momentum built up in Sweden into achievements on the ground.” The cease-fire is the first step in a process the U.N. hopes will lead to a provincewide truce in Hodeida and the demilitarization of the Red Sea trade corridor, said Peter Salis- bury, a consulting senior analyst on Yemen at the Brussels-based Crisis Group. “But it’s important to note that the deal itself is quite specific in saying that this is not part of a wider peace process: It’s an agree- ment made for humanitarian rather than political reasons,” he said. “Both the prisoner swap agreement and the Hodeida agreement have clear language saying they should not be seen as political agreements or precedent for further deals.” Delegations from the govern- ment and the rebels said earlier this month in Sweden that they have ex- changed prisoner lists. The lists will be reviewed over four weeks, ahead of a final swap to be facilitated by the International Committee of the Red Cross, they said. A cessation of hostilities in Ho- deida would spare Yemen a signif- icant spike in civilian casualties since the rebels have shown bat- tlefield resilience as much larger government-allied forces backed by airpower tried for months to re- take the city. The two sides fought to a stalemate after weeks of ru- inous street-to-street fighting in densely populated districts on the city’s outskirts. The war has pushed much of the country to the brink of famine. U.N. officials say 22 million of its 29 mil- lion people are in need of aid. The International Rescue Com- mittee said Monday its analysis showed that Yemen is the country most at risk of humanitarian catas- trophe next year. “Yemen’s ongoing war has led to the world’s worst humanitarian crisis, which worsened in 2018 and was dominated by attacks on civil- ians and a breakdown of basic ser- vices that left nearly 80 percent of the population in need. 2019 could prove to be much worse still,” IRC Vice President for Emergencies Bob Kitchen said in a statement. Kitchen urged for an immediate nationwide cease-fire in Yemen, saying that “all parties to the con- flict must engage meaningfully in UN-led peace talks.” Last week, an international group tracking Yemen’s civil war re- ported that the conflict has killed more than 60,000 people, both com- batants and civilians, since 2016. That figure is much higher than the U.N. figure of 10,000 civilian deaths, and has added to the urgency to find a political resolution for the four-year bloodletting. The report from the U.S.-based Armed Conflict Location & Event Data Project said more than 28,000 people – both civilians and com- batants – were killed in the first 11 months of 2018, an increase of 68 percent from 2017. More than 3,000 were killed in November, the dead- liest month since the group started collecting data. It said 37 percent of civilians killed in Yemen in 2018 died in Hodeida. The figures do not include the last few months of 2014, when the Houthi rebels captured the Yemeni capital of Sanaa and much of the country’s north, nor the casualties in 2015, when the Saudi-led coali- tion joined the war on the side of the government. The group said it based its fig- ures on news reports of each inci- dent of violence in the war. Fishermen rest on their boats before fishing at the main fishing port, in Hodeida, Yemen. - PHOTO: AP The cease-fire is the first step in a process the U.N. hopes will lead to a provincewide truce in Hodeida and the demilitarization of the Red Sea trade corridor. White House pulls back from shutdown threat over wall funds WASHINGTON (AP) – The White House on Tuesday ap- peared to inch away from forcing a partial government shutdown over funding for a southern border wall, with Press Secretary Sarah Huck- abee Sanders saying there are “other ways” to secure the $5 billion in funding that Presi- dent Donald Trump wants. It was the first sign of a potential White House counter offer as the clock ticks down toward Fri- day’s deadline to fund the government. “At the end of the day, we don’t want to shut down the government,” Sanders said on Fox News. “We want to shut down the border from illegal immigration.” Trump’s $5 billion is far more than the $1.3 bil- lion Democrats have offered, which is not for Trump’s promised wall along the southern border with Mexico, but fencing and other secu- rity measures. Sanders pointed to one bill, likely referring to the Senate’s bipartisan appro- priation measure for the De- partment of Homeland Se- curity, which provides $26 billion, including $1.6 billion for fencing and other bar- riers. It was approved by the committee in summer on a bipartisan vote. “That’s something that we would be able to support,” she said, as long as it’s cou- pled with other funding, such as using defense money on border security. What other funds could be tapped to satisfy the pres- ident’s demand remains un- clear. Asked about using mil- itary funds, Sanders said, “There’s certainly a number of different funding sources that we’ve identified that we can use that we can couple with the money that would be given through Congres- sional appropriations that would help us get to that $5 billion that the president needs in order to protect our borders.” The fight over Trump’s border wall has brought Con- gress to a familiar standoff just days before Christmas. It was not always like this, with Congress and the White House at a crisis over govern- ment funding. The House and Senate used to pass annual appropriation bills, and the president signed them into law. But in recent years the shutdown scenario has be- come so routine that it raises the question: Have shut- downs as a negotiating tool lost their punch? A partial shutdown that could occur at midnight Friday risks disrupting gov- ernment operations and leaving hundreds of thou- sands of federal employees furloughed or working without pay over the holiday season. Costs would be likely in the billions of dollars. Trump was meeting with his team and getting regular updates, Sanders said. Trump has also tweeted to keep up the pressure. Exiting a Senate Repub- lican leadership meeting late Monday, Sen. John Thune of South Dakota said, “It looks like it probably is going to have to build for a few days here before there’s a solution.” The president is insisting on $5 billion for the wall, but he does not have the votes from the Republican-led Con- gress to support it. It’s unclear how many House Republicans, with just a few weeks left in the ma- jority before relinquishing power to House Democrats, will even show up midweek for possible votes. Speaker Paul Ryan’s office had no up- date. Many Republicans say it’s up to Trump and Demo- crats to cut a deal. Senate Majority Leader Mitch McConnell and Trump talk most days, but the sen- ator’s spokesman would not confirm if they spoke Monday about a plan. McConnell opened the chamber hoping for a “bipartisan collabora- tive spirit” that would enable Congress to finish its work. “We need to make a sub- stantial investment in the in- tegrity of our border,” McCo- nnell said. “And we need to close out the year’s appropri- ation process.” A partial shutdown that could occur at midnight Friday risks disrupting government operations and leaving hundreds of thousands of federal employees furloughed or working without pay over the holiday season. 9 WORLD&REGIONAL VATICAN CITY (AP) – Orga- nizers of an upcoming Vat- ican summit on sex abuse prevention are warning that the credibility of the Catholic Church is in jeopardy over the abuse scandal and are urging participants to meet with victims personally be- fore coming to Rome. In a letter sent Tuesday to the presidents of bishops’ conferences worldwide, orga- nizers said the church must develop a “comprehensive and communal response” to the crisis, and that the first step is “acknowledging the truth of what has happened.” Pope Francis invited the church leaders to the Feb. 21-24 summit to respond to what has become the gravest threat to his papacy, as the sex abuse and cover-up scandal erupted in the U.S., Chile and elsewhere this year. In revealing the first de- tails of the preparations for the meeting, the Vatican said the summit would focus on three main areas: respon- sibility, accountability and transparency. “Absent a comprehen- sive and communal response, not only will we fail to bring healing to victim survivors, but the very credibility of the Church to carry on the mis- sion of Christ will be in jeop- ardy throughout the world,” the organizers wrote. “Each of us needs to own this challenge, coming to- gether in solidarity, humility, and penitence to repair the damage done, sharing a common commitment to transparency, and holding ev- eryone in the church account- able,” they said. It was signed by the four members of the preparatory committee for the meeting: Chicago Cardinal Blase Cu- pich, Mumbai Cardinal Os- wald Gracias, as well as the Vatican’s leading abuse ex- perts Maltese Archbishop Charles Scicluna and the Rev. Hans Zollner. They urged conference presidents to meet with vic- tims before they come to Rome “to learn firsthand the suffering they have endured.” The appeal was clear ev- idence that throughout the church, many bishops con- tinue to deny the scope of the problem and have never met with a victim. Vatican spokesman Greg Burke said that doing so “is a concrete way of putting vic- tims first and acknowledging the horror of what happened.” Francis announced he was convening the summit in Sep- tember, signaling awareness at the top of the church that clergy sex abuse is a global problem and not restricted to some parts of the world or a few Western countries. Francis is still working to recover from his botched handling of the sex abuse scandal in the Chilean church, sparked earlier this year when he repeatedly dis- credited victims of a noto- rious Chilean predator priest. His papacy was then jolted by accusations from a retired Vatican ambassador that Francis himself rehabili- tated a now-disgraced Amer- ican ex-cardinal accused of molesting and harassing adult seminarians. Francis has not responded to the al- legations, though he has or- dered a limited investiga- tion into them. CAYMAN COMPASS • WEDNESDAY DECEMBER 19, 2018 Increased buying power enables Penha to offer the Cayman community better prices. ADVERTORIAL December 19, 2018. George Town – Cayman. Efficient procedures and enhanced buying power enable Penha Duty Free Cayman to lower prices on a wide selection of its fragrances - in some cases even up to 45%. Penha feels it is our responsibility to translate the efficiencies it creates as a Group into cost savings for the Cayman community. 150+ years in business Penha is headquartered in Curacao and has over 150 years of retail experience in the Caribbean region. 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SETBACK FOR INDONESIAN DEFENDANT IN KIM MURDER TRIAL SHAH ALAM, Malaysia (AP) – An Indonesian woman due to begin her defense next month in her trial for the murder in Malaysia of North Korean leader Kim Jong Un’s half brother suffered a set- back Tuesday when a judge rejected her bid to secure statements given to police by seven witnesses. Siti Aisyah’s lawyer, Gooi Soon Seng, said he will ap- peal the High Court’s ruling that the statements were privileged. He said the state- ments were crucial because most of the witnesses were unreachable. In August, a High Court judge found there was enough evidence to infer that Aisyah and her Viet- namese co-defendant, Doan Thi Huong, along with four missing North Korean sus- pects, had engaged in a “well- planned conspiracy” to kill Kim Jong Nam. The two young women are accused of smearing VX nerve agent on Kim’s face in an airport terminal in Kuala Lumpur on Feb. 13, 2017. They have said they thought they were taking part in a prank for a TV show. They are the only suspects in cus- tody. The four North Korean suspects fled the country the same morning Kim was killed. Aisyah was due to begin testifying on Jan. 7, but Gooi said there will be a delay pending the appeal. He said one of the wit- nesses, the man who chauf- feured Kim to the airport, had died. He said they have managed to interview only two of the seven witnesses offered by prosecutors, while the others could not be con- tacted. As such, what they had told police could help provide a clearer picture of Kim’s death, he said. Gooi said Tuesday’s ruling would “compromise our case.” In his ruling, the judge agreed with prosecutors’ con- tention that the statements should not be made public because there is a risk of tampering with witnesses. The judge said, however, that prosecutors are required to ensure that the witnesses turn up for the trial. The court did not set any new trial dates. Pope Francis waves to faithful during the Angelus noon prayer in St. Peter’s Square, at the Vatican, Sunday. - PHOTO: AP Vatican: Church credibility at risk over sex abuseNext >