SEVEN MILE BEACH WATERFRONT WALKERS ROAD TOWN CENTRE PLAZA RED BAY SPICY GRILLED CRISPY SANDICHES I W CK ANDW CHICKEN ICHE E cayman compass Your most trusted news source Established 1965 $1 | Funding local journalism | Friday, 8 November 2019 Court of Appeal sets aside ruling legalising same-sex marriage, but says lawmakers must provide Vickie Bodden Bush, left, and her partner Chantelle Day with a legal equivalent to marriage. Page 6 OVERTURNED News Roads a major feature of upcoming budget Page 8 Issues Eco-friendly elements impacting Cayman construction Page 22 Sport Cayman Hockey fights hard in trophy match Page 26• 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. - FRIDAY, SATURDAY, SUNDAY & MONDAY - 640-FILM (640-3456) ADDAMS FAMILY (PG) LAST CHANCE TO CATCH THIS SHOW! 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Box 1365 Grand Cayman, KY1-1108 Cayman Islands Telephone: (345) 815-0095 Email: newsdesk@compassmedia.ky ADVERTISE WITH US: T: (345) 949-5111 E: sales@ compassmedia.ky W: caymancompass.com PUBLISHER KATHLEEN CAPETTA NEWS PRODUCER AND OPERATIONS MANAGER KEVIN MORALES A MEMBER OF THE INTER-AMERICAN PRESS ASSOCIATION “Give light and the people will find their own way” Cloudy skies with a 60% chance of showers and some thunder WINDS Southerly at 5 to 10 knots SEA STATE Southerly at 5 to 10 knots weather Forecast today 90°F 78°F HIGH LOW Turkey! Turkey! Happy American Thanksgiving! Thursday, 28 November GET YOUR ORDERS IN EARLY TO AVOID DISAPPOINTMENT! Open daily 10am-10pm West Shore Center, SMB Humane Society burglar sentenced ANDREL HARRIS aharris@compassmedia.ky A former Cayman Islands Humane Society volunteer was sentenced to 18 months in prison Tuesday for breaking into the animal shelter while serving a suspended sentence for burglarising the premises on two previous occasions. Ricky Johnny Alvarado, 26, of Nicaragua, was originally given an 18-month suspended sentence in June. Three months later, in September, he was caught on CCTV breaking into the Humane Society again. During the incident, he made no attempt to conceal his identity and stole $700. In the Grand Court on Tuesday, Alvarado’s attorney Oliver Grimwood told the court his client is “addicted to cocaine”. “The burglaries were a desperate and, frankly, disgusting act to fuel his drug addiction,” said Grimwood. “It may come as no surprise that the nature of the reason that brings him back to the courts is that of drugs, namely crack cocaine.” While advocating for a further suspended sentence, Grimwood suggested that stricter conditions, such as placing an electronic ankle monitor on Alvarado, could be one way to help him receive the help he needed to fight his addiction. “My client would like to receive help to overcome his addiction,” said Grimwood. “He would benefit from a structured programme at Caribbean Haven.” A social services officer, who doubled as a Spanish interpreter during the proceedings, advised the court against placing Alvarado on a suspended sentence. The court was told that Alvarado was likely to relapse and potentially re-offend. His inability to understand English fluently ruled out any programmes that could be of benefit at Caribbean Haven. “In this court’s long history of dealing with offenders, it has become clear that the first step towards rehabilitation is taking ownership for your actions,” said Justice Roger Chapple, when handing down his ruling. “From everything I have learned, I’m not remotely convinced that you are really at this stage of your life.” The judge imposed a term of one-year imprisonment for the September burglary, and then reduced it by one-third for an early guilty plea. He then re-instated 10 months of the original 18-month prison sentence and ordered that they run consecutively. Mystery abandoned boat under investigation Police have launched an investigation after the discovery of an abandoned vessel in George Town containing a quantity of barrels filled with liquid believed to be gasoline. Police said just after 9am Tuesday, officers discovered the small vessel docked on a reef area off South Church Street. A video showing the vessel, its contents and Cayman patrol boats has been making the rounds on social media. Searches conducted in the surrounding areas where the vessel was discovered came up empty. Police said the boat was seized. The abandoned boat was found on a reef area off South Church Street in George Town. 2More than a hotel. Discover more at dart.ky/seafire YEARS STRONG Three years ago, we opened Grand Cayman’s first new hotel for more than a decade. Since then, Seafire has gone on to win awards and accolades. But it’s much more than a hotel. It’s a place to live, work and play for the Cayman Islands community. cayman compass 3 FRIDAY, 8 NOVEMBER 2019My first trip to Cayman (and to the Caribbean). I am staying at a resort on the east end of the island. I had envisioned long picturesque walks on sandy beaches. What I encountered was a rude awakening: beaches littered in plastic of all types – bottles, bags, plastic tubes, Styrofoam, footwear, cutlery, etc. A real eye- opener in better understanding and appreciating the magnitude of the global plastic crisis. Not sure the source of this garbage – domestic, cruise ships or coming from abroad – but a problem for Cayman, nonetheless. These littered beaches are definitely not family or tourist friendly. I couldn’t imagine letting small children play on these beaches. So, regardless of source, I would think this is a real problem for an economy that is so tourism dependent. Seeing beaches and shoreline in this littered state troubled me so much that for the last three mornings I have been picking plastic garbage off the beaches around our resort and have cleared about 300 to 400 metres of shoreline from the worst of the plastic garbage. I will continue to do so for the remainder of my stay on Cayman. So, I will leave Cayman knowing that, in some small way, I left it a better place than I found it. I only hope that the leaders in your country appreciate the magnitude of this problem and are taking meaningful steps to address it. Doug Varty Dismayed by litter found on Cayman’s beaches Doug Varty with bags of rubbish he collected from beach off Queens Highway. I was so surprised, and happy, when I opened the Compass this morning, and there was the horoscope, and cartoons. That has made my day. Thanks, ever so much. Maureen Scott I took heart when I saw a listing of editorials published previously. It begs the question: When is the Cayman Compass going to return to writing its own editorials and take a stand on issues important to Cayman? That has been missing since new ownership took over and is essential to a free, open, serious and democratic press. We’ve already lost our local television station. Get on with it! Beverley Simpson Editor’s note: Following an interlude while the Cayman Compass was in transition for its recent relaunch, editorial opinion pieces are being reintroduced to the newspaper. Compass should be writing editorials Glad horoscopes are back Editorial Board T he mandate of the Cayman Islands Court of Appeals is clear – government must create a legal equivalent of marriage for same- sex couples. It’s likely not the outcome Vickie Bodden Bush and Chantelle Day were seeking, especially after Chief Justice Anthony Smellie previously granted them the right to marry in the Cayman Islands – the first such case of a same-sex couple being granted that right on our shores. The court overturned that ruling on Thursday based on a number of factors. We won’t get into all of them; the full ruling is available on our website, caymancompass.com. During litigation, however, government’s attorneys did accept the fact that Cayman’s Bill of Rights prohibits discrimination and, therefore, requires lawmakers to provide Day and Bodden Bush with a legal status functionally equivalent to marriage, such as civil partnership. The Cayman Compass editorial board urges government to adhere to this order. However, whether it will do so or when it will do so remains to be seen. “It is difficult to avoid the conclusion that the Legislative Assembly has been doing all it can to avoid facing up to its legal obligations,” the court wrote. For what it’s worth, Premier Alden McLaughlin acknowledged Thursday that government would have to act on the issue. He stopped short, however, of committing to table such legislation or to a timetable in which that may be done. Should government not act “expeditiously” and continue to drag its feet on the issue, there appears to be limited legal recourse remaining in Cayman. There could be an appeal to the Privy Council. The UK government could step in and, as the court put it, “take action to bring this unsatisfactory state of affairs to an end”. But those steps will further drag out an issue to the financial and emotional costs of all involved. We implore the Cayman Islands government to heed the advice of the Court of Appeal and immediately provide a way forward in which same-sex couples can enjoy the same legal status and rights of marriage as heterosexual couples, such as through a civil union. It may not be what proponents of same-sex marriage were seeking (and still believe is unconstitutional) but it certainly would be a step in the right direction. Please email us at editor@compassmedia.ky or send comments to the Cayman Compass website, www.caymancompass.com. editorial Government must act fast on Court of Appeal order cartoon On Parole - By Caymanman 4WWW.STONEISLANDCAYMAN.COM BOOK A VIEWING Sales Inquiries (345) 925-6404 | info@stoneislandcayman.com 548 Yacht Drive, just past Vista del Mar Show homes open Monday to Friday 10 am to 4 pm A LUXURY WATERFRONT DEVELOPMENT IN THE PRESTIGIOUS YACHT CLUB COMMUNITY The Residences of Stone Island is comprised of 44 waterfront residences built to the highest standards, with 4,500 square feet of open-concept living space. This private gated community boasts an exquisite array of lifestyle amenities; Tennis court • expansive infinity edge pool • docking facilities • private screening room • children’s center waterside owner’s lounge with chef’s kitchen • bar and owner’s wine storage • gated with 24-hour security BBQ pavilion • boardwalk • lush landscaping • fitness studio OPEN HOUSE SATURDAY, NOVEMBER 9 TH 12 PM to 2 PM NOW SELLING PHASE 2 Three full-scale model homes available for viewing of up to through 2019 cayman compass 5 FRIDAY, 8 NOVEMBER 2019Same-sex marriage ruling overturned Government ordered to put in legal equivalent ANDREL HARRIS aharris@compassmedia.ky The Cayman Islands Court of Appeal has ruled in favour of the government, overturning Chief Justice Anthony Smellie’s previous ruling that legalised same-sex marriage in the Cayman Islands. At the same time, however, the court ordered government to “expeditiously” provide Chantelle Day and her partner, Vickie Bodden Bush, with legal status equivalent to marriage, according to court documents. In a statement following the ruling, the couple’s attorney and LGBTQ activist Leonardo Raznovich, said, “It is a sad day for Caymanians because their constitution has not been properly upheld by their own courts, and for this reason a sad day for the jurisdiction and its future….” While overturning the chief justice’s previous judgment, the appeals court also called on the UK to step in and ensure that civil partnerships or a legal equivalent are implemented if the Cayman Islands government fails to do so. No timeline was given on how long government has to act, but the court did note that government has previously failed to decide this matter. “It is difficult to avoid the conclusion that the Legislative Assembly has been doing all it can to avoid facing up to its legal obligations,” the court wrote. The next step for Bodden Bush and Day is not immediately clear. “The Petitioners are mindful that section 26(3) of the Bill of Rights gives them the right to appeal to the Judicial Committee of the Privy Council on the marriage issue and a further press release will follow in due course once the Petitioners have had an opportunity to consider the judgment and take legal advice,” said attorney Ben Tonner, who represents Bodden Bush and Day. Cabinet Minister Juliana O’Connor- Connolly attended the proceedings and declined to comment on the matter. In August, the Cayman Islands government appealed the March 2019 landmark ruling handed down by Chief Justice Smellie. The courts were initially petitioned in February by Day and Bodden Bush. They claimed discrimination on the grounds that the Marriage Law – parts of which comprise section 14 of the Constitution – defined marriage as a union between a man and a woman. The women said that definition resulted in a breach of their constitutionally protected human rights. Day and Bodden Bush’s attorneys argued that, while the Marriage Law did not explicitly state that same-sex couples were not allowed to be married, the definition was limiting and restricted same-sex couples from forming their own unions. The attorneys also argued the discrimination was further compounded by the lack of civil partnerships or a legal equivalent. When responding to the initial case, government’s attorneys argued that there was no discrimination, and that the framers of the Constitution intended to preserve marriage as a union between a man and a woman. They argued that limiting marriage to opposite-sex couples was not discriminatory because it did not prevent government from introducing equivalent legislation. They argued that if the court found the law to be discriminatory, it was the job of the courts to refer it back to the Legislative Assembly to be changed. When arriving at his decision, the chief justice was guided by common law jurisdictions such as Canada, Bermuda and South Africa; places where same-sex marriages or civil unions have since been legalised. He ruled that as long as the Marriage Law defines marriage as a union between a man and a woman, it was “repugnant” to the Cayman Islands Constitution’s Bill of Rights, and that Day and Bodden Bush were entitled to marriage. After declaring the law unconstitutional, the chief justice then drew on Section 5(1) of the Constitution, ‘Existing Laws’, which allows a judge to either nullify or change a law deemed unconstitutional to bring it in line with the Constitution. Ultimately, he changed the definition in the Marriage Law to mean a union between two people. The appeals judges on Thursday found that the Bill of Rights within Cayman’s Constitution was framed with the European Court of Human Rights stance on same-sex marriage in mind and the chief justice gave undue weight to judicial decisions from other common law jurisdictions. In a matter dating from 2004 that concluded in 2016, the European Court of Human Rights ruled that same-sex marriages were not considered a human right. So had the chief justice placed more weight on the European court instead of rulings from other common law jurisdictions – a route the appeals court found to be more appropriate since Cayman’s constitution was framed with the European Court of Human Rights in mind – he would not have arrived at his decision to legalise same-sex marriage. “We well understand how and why the Chief Justice reached the decision he did. However … we have been driven to allow the appeal,” the court said. By setting aside the chief justice’s ruling, the Court of Appeal has confirmed the original definition of marriage under the law as the union between a man and a woman. Although the appeal judges found there was no discrimination, they did acknowledge that government needed to urgently provide a legal equivalent of marriage to Day and Bodden Bush. “Chantelle Day and Vickie Bodden Bush are entitled, expeditiously, to legal protection in the Cayman Islands, which is functionally equivalent to marriage,” said the judges. The judgment goes on to say, “It would be wholly unacceptable for this declaration to be ignored. Whether or not there is an appeal to the Privy Council in respect of same-sex marriage, there can be no justification for further delay or prevarication.” Compass Media’s Kevin Morales, Alvaro Serey and Stephen Clarke contributed to this report. Premier welcomes judgment Accepts that action from government is now required JAMES WHITTAKER jwhittaker@compassmedia.ky Premier Alden McLaughlin welcomed the Court of Appeal’s decision Thursday to put the issue of same-sex marriage back in the hands of the elected government. The premier acknowledged that the government would now have to act on the issue. “While I do appreciate the ruling, I am mindful that it comes with a declaration that requires immediate action from the Government,” he said in a press statement. The Court of Appeal declared that “Chantelle Day and Vickie Bodden Bush are entitled, expeditiously, to legal protection in the Cayman Islands, which is functionally equivalent to marriage.” The ruling would appear to pave the way for government to introduce some kind of civil-partnership legislation that confers the rights that derive from marriage, which range from immigration status to inheritance, to same-sex couples. McLaughlin made no immediate commitment to table such legislation, saying, “The Government will carefully consider the full judgment to determine how best to proceed.” The court's judgment called for the UK government to “take action” if the local legislature fails to act quickly, stating that there can be “no justification” for further delay. Governor Martyn Roper said the judgment was an “important moment” for the Cayman Islands. “I will work closely with the Cayman Islands Government to ensure that the declaration that the Court of Appeal has made is acted upon as quickly as possible,” he said. A spokesman for the Foreign and Commonwealth Office in London said in a statement, “We believe that all love is equal, which is why the UK Government changed our legislation to allow same-sex marriage. We hope that the Cayman Islands Legislative Assembly will act swiftly and take a decisive lead on this issue to ensure same-sex couples are granted equal rights.” McLaughlin added that government had brought the appeal to clarify important constitutional concerns about the separation of powers between the judiciary and the elected government. “I am pleased that the Court of Appeal has agreed with Government that the original ruling brought significant ambiguity surrounding the Constitution and Bill of Rights and the interpretation of and ability of the Court to amend laws. We believed it was critical that the country had the benefit of clarification on these very important constitutional issues,” he added. Vickie Bodden Bush, centre, and her partner Chantelle Day leave court on Thursday, with Day's mother Merta Day, left, after hearing the Court of Appeal ruling. 6RESHMA RAGOONATH rragoonath@compassmedia.ky Infrastructure Minister Joey Hew has said the National Community Enhancement programme stands ready to assist the Mosquito Research and Control Unit in its efforts to deal with dengue. Hew said while the work programme, known as NiCE, is not part of the target response for dengue control, he believes the incoming cohort can join the fight. “The Mosquito Research and Control Unit has been very proactive in assisting residents in high-risk areas by providing pamphlets and doing inspections. Of course, if there is any way that we can help, we will certainly be willing to,” Hew said. The minister’s comment comes as local health officials this week reported that two more cases of the mosquito-borne disease have been confirmed. This takes the total number of confirmed cases to eight - four locally transmitted and four imported. The first locally transmitted case was reported last month. According to a Public Health Department statement, since the start of the year Cayman has sent 96 samples to the Caribbean Public Health Agency to be investigated for dengue. “Of that number, 26 persons were admitted to the Cayman Islands Hospital showing clinical symptoms that might potentially be dengue,” the Public Health Department statement added. NiCE registration for its winter cohort will be held on Wednesday at the Lions Centre in George Town. According to a Government Information Services statement, workers who are selected for the bi-annual initiative will be tackling repairs and maintenance, as well as clearing sargassum, if needed. “One would assume cleaning debris and underbrush and removing garbage from our roadsides will assist in the matter [mosquito control],” Hew added. NiCE workers will also be beautifying cemeteries, parks, beaches, beach access and roadside verges. The final NiCE project for 2019 will run for three weeks starting from 25 Nov. to 13 Dec. “The project will also ensure that Caymanians benefit from a healthy environment,” said Hew in the GIS statement. “I look forward to my Ministry once again delivering the NiCE programme to help build stronger communities and support the most vulnerable, in keeping with the Government’s broad policy outcomes.” The ministry will partner with the Public Works Department, the National Roads Authority and the Department of Environmental Health to deliver the programme. Registration will begin at 9am. Latecomers will not be allowed to register, the statement said. “The programme is open to unemployed Caymanians and spouses of Caymanians 18 years old and over; strict vetting will take place to ensure that only those who qualify register, organisers confirm,” the statement added. NiCE workers will work up to three weeks, Mondays to Fridays, 7am to 3pm. The ministry, the statement said, will work closely with Workforce Opportunities and Residency Cayman to ensure that those able to take up full-time work after the programme finishes are given every assistance. Hew: NiCE ready to assist in dengue fight 8 NiCE workers this winter will be helping to keep roadsides clear of debris. Confirmed cases of dengue, 4 locally transmitted, 4 imported cayman compass 7 news N news FRIDAY, 8 NOVEMBER 2019PHASE 1 Hirst Rd to Woodland Dr PHASE 2 Woodland Dr to Lookout Rd Roads a major feature of upcoming budget JAMES WHITTAKER jwhittaker@compassmedia.ky Major investment in Cayman’s “creaking” road network will be among the key commitments when government reveals its spending plans for the next two years on Friday. The expansion of the East-West Arterial highway from Savannah to Bodden Town will be one of a number of initiatives in a budget that includes “significant amounts of money for roadworks”, according to Premier Alden McLaughlin. The premier also confirmed that the National Roads Authority would be required to commission an environmental impact assessment for the bulk of that project. Speaking ahead of his final budget address as leader of the country, McLaughlin said a priority for his unity government as it enters its last 18 months was to make significant progress on key capital projects. These include: • Completing the construction of John Gray High School in time for opening in September 2021; • Completing the new residential mental health facility; • Progressing the new waste- management partnership with Dart and beginning work on the waste-to-energy facility; • Progressing the cruise berthing facility if it is approved through referendum. He said the budget would include no new fees and no new borrowing, and all capital projects would be funded through general revenues or through agreements with private sector partners. “We are an in an incredibly strong financial position,” he added, pointing to a reduction in government debt from nearly $600 million at the start of his first term to just over $400 million today. During that time, he said, Caymanian unemployment had more than halved, and is now less than 5%. He acknowledged that the improvement in the economy was driven, in part, by immigration and by development. He said Cayman’s population had grown by 12,000 since 2013. “The increase in economic activity has created a situation where the infrastructure in some areas, particularly the road network, is creaking,” he said. Despite the cruise port dominating headlines and talk shows, he said traffic was the “number one concern” of residents living east of George Town. He said the budget would seek to address this issue. “The short-term fix has to be build more roads and improve the road network but that can’t be the medium- or long-term fix; we have to come up swiftly with a strategy to deal with Cayman’s transport needs,” he said. The premier believes some of the proposed solutions, including calls for a ban on work permit holders owning vehicles, are “not sensible”. He said public transport has to improve first. “Unless you have an alternative means for people to get around, how do you expect your labour force to work?” Bus system “inadequate” He said the current bus system is “inadequate” and an overhaul is needed. “This budget will provide for a transportation study to provide the government with options to address this,” he said. McLaughlin, who cannot run for premier again in 2021, having served two terms, acknowledged he may not be around to see that plan come to fruition. He said addressing the island’s public transport needs was a “huge undertaking” that would likely involve a public-private partnership and take several years to implement. In the short term, he said, the plan would have to focus on roads. Work is planned on ‘pinch points’ around Goerge Town, including the Hurley’s roundabout, while a new paver is being purchased for the NRA to speed up progress on road development. The planned extension to the East-West Arterial is expected to provide another outlet for a slew of new housing developments between Savannah and Bodden Town, easing the pressure on Shamrock Road. Though he has previously highlighted concerns about the environmental impact assessment process, McLaughlin indicated the NRA would be obliged to comply with the National Conservation Council’s directive that an EIA will be required on this project. He said a hydrological survey would also be needed, saying, “We have to assure ourselves and plan for issues including stormwater runoff and those sorts of things.” The premier said the council had given indications that an EIA may not be needed for the first mile-long stretch, which will take the highway from its current terminus at Hirst Road as far as Woodland Drive. He said he was hopeful that aspect of the project could proceed while the “reports are done for the more ecologically sensitive land east of Woodland Drive”. Premier Alden McLaughlin Premier Alden McLaughlin said traffic congestion is the “number one concern” for constituents east of George Town. Phase one: The first phase of the expansion is expected to begin soon and take the highway as far as Woodland Drive. Phase two: The longer extension, which aims to take the highway as far as Lookout Road in Bodden Town will require an EIA before work begins. 8We ’ ve doubled Internet speeds . We ’ ve doubled Internet speeds . The fastest Internet has the Island’s best pricing. Enjoy your favourite services with Internet that’s now twice as fast, at the best price. Plus, sign up or add any Logic service before Christmas and you could win free service for a year. * Your life connected | 745.5555 FIBRE INTERNET | TV | PHONE | LOGIC.KY *Terms and conditions apply. cayman compass 9 FRIDAY, 8 NOVEMBER 2019Next >