cayman compass Your most trusted news source Established 1965 $1 | Funding local journalism | Friday, 15 November 2019 Business Number of work permits exceeds 30,000 Page 27 News National Trust, CPR Cayman warn of legal action Page 6 Cayman's room stock surpasses 7,000 Page 10 Cayman football keeps eyes on Nations League prize Page 30 Police complaints dominate first year for Ombudsman Page 18 $20M prison planned 4-page budget special Pages 23-27Police have arrested a 44-year-old West Bay man on suspicion of murder following Tuesday’s fatal shooting. The suspect remained in custody on Thursday morning, the Royal Cayman Islands Police Service said in a statement. Meanwhile, police are continuing to appeal for witnesses to the murder of the 24-year-old victim, which occurred in the Boatswains Bay area of West Bay some time between 5pm and 5:30pm on Tuesday. The man, whose name police had not officially released by press time, was shot multiple times in the vicinity of Miss Daisy Lane, the RCIPS stated. Cayman Crime Stoppers offered a reward of up to $50,000 for information leading to the arrest and conviction of the person or persons responsible for the killing. Anyone with information can call Detective Inspector Collins Oremule at 936-8746. Anonymous tips can be provided directly to the RCIPS on 949-7777. Crime Stoppers can be contacted via the Miami-based call centre at 800-8477(TIPS). • 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 - 640-FILM (640-3456) CHARLIE’S ANGELS (PG13) (FRI-SAT) 12:30 | 3:50 VIP 6:40 | 10:00 VIP (SUN) 3:30 VIP | 6:40 | 10:00 VIP FORD V FERRARI (PG13) (FRI) 12:30 VIP | 3:20 | 6:40 VIP | 9:30 (SAT) 11:00 | 12:30 VIP | 3:20 6:40 VIP | 9:30 (SUN) 3:00 | 6:40 VIP | 9:30 HARRIET (PG13) (SUN) 3:50 | 10:00 PLAYING WITH FIRE (PG) (FRI-SUN) 4:55 | 7:35 | 10:00 (SAT) 11:35 | 2:25 (SUN) 2:00 TERMINATOR: DARK FATE (R) (FRI) 12:50 | 3:50 | 6:45 | 9:45 (SAT) 1:35 | 4:35 LAST CHRISTMAS (PG13) (FRI) 2:25 | 4:00 | 7:20 | 9:50 (SAT) 10:00 VIP | 11:00 | 2:25 | 4:00 | 7:20 (SAT) 9:50 (SUN) 2:25 | 3:30 | 7:20 | 9:50 MALEFICENT: MISTRESS OF EVIL (PG) (FRI) 1:00 | 6:30 | 9:30 (SAT) 10:15 | 1:00 | 4:00 | 6:30 | 9:30 (SUN) 4:50 | 6:30 | 9:30 RAYMONDA: BOLSHIO BALLET (R18) (SAT) 8:00 CONCERTS @ CINEMA SHAKIRA IN CONCERT: EL DORADO WORLD TOUR (SUN) 7:00 KIDS CLUB MONSTERS V ALIENS (PG) (SAT) 10:00 Casual indoor & outdoor dining with a local flair. Family friendly & affordable. 94-PASTA [ 947.2782 ] • Marquee Plaza Enjoy Dinner Tonight at Try One of Our Signature Dishes B anana W rap S napper PRINTED AND PUBLISHED BY: Cayman Compass Ltd. Compass Centre, Shedden Road, George Town, Cayman Islands SEND US YOUR VIEWS OR NEWS: P.O. 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 A MEMBER OF THE INTER-AMERICAN PRESS ASSOCIATION “Give light and the people will find their own way” Partly cloudy skies with a 30% chance of showers. WINDS East to northeast at 5 to 10 knots. SEA STATE Smooth to slight with wave heights less than 2 feet. weather Forecast today Cayman Islands 88°F 78°F HIGH LOW Man arrested over West Bay murder ANDREL HARRIS aharris@compassmedia.ky Tevin McLeod has been sentenced by a UK court for the rape and sexual assault of a child under the age of 13. According to court documents, McLeod, 28, from Cayman, pleaded guilty to both charges and was sentenced in a Manchester court last week. He admitted to raping and assaulting the minor between 2015 and 2016. He was sentenced to seven-and-a-half years in prison and is subject to have a sexual harm prevention order made against him once he has completed his sentence. McLeod will become eligible for parole in 2023. Caymanian pilot sentenced rape of child under 13 ANDREL HARRIS aharris@compassmedia.ky A man accused of rape wept Thursday as a Grand Court jury acquitted him of all charges. The 48-year-old man had been accused of raping a woman with whom he shared an apartment. During the week-and-a-half-long trial, the jury heard that the man allegedly raped the woman four times, and indecently assaulted her an additional three times. The incidents were alleged to have occurred in January and February. When giving her evidence, the woman told the court she never wanted to have sex with the defendant, but she did so out of fear. The man gave a different account, saying that the sex was consensual and “it was never rape. She always said yes,” he said. “If she ever said no, I would have stopped but she never said no. And she knew that I was videoing her and she never had a problem with it.” During the trial. the jury was shown video footage of the woman performing sexual acts on the man, on two separate occasions. After deliberating for a little over two hours, the jurors returned unanimous not guilty verdicts on all counts. Man cleared of rape WATCH THE VIDEO ONLINE CAYMANCOMPASS.COM PUBLISHER KATHLEEN CAPETTA EDITOR CATHERINE MACGILLIVRAY NEWS PRODUCER AND OPERATIONS MANAGER KEVIN MORALES 23The idea behind the upcoming 19 Dec. referendum on government’s proposed $200 million cruise berthing and cargo port facility is to allow the public to make an informed decision on whether government should proceed with the project. The Cayman Compass editorial board hopes that this is the main reason why Cruise Port Referendum Cayman and the National Trust for the Cayman Islands are considering legal action against government. The two entities are hoping to delay the vote until an updated environmental impact assessment is carried out and made public in light of updated designs for the facility. They also want government disclosure on how much money from the public purse has been spent on presenting its case in support of the project. CPR Cayman has confirmed its members have submitted a freedom of information request seeking that dollar amount. As we’re talking about public funds, there should be no problem releasing that data, although we’ve also been through the FOI process enough times to know that government entities can and will drag things out. Carrying out an updated EIA would push back the referendum date, as well as possibly disrupt ongoing Elections Office procedures already put in place for the vote – and almost certainly cost more money. It could also slow momentum either side has gained in the lead-up to 19 Dec. But if the idea is to allow the public access to the most accurate and up-to-date information, the Compass editorial board advises voters to reach out to their elected representatives. People need to let their MLAs know how they feel about a potential delay in the vote. When we’re talking about one of the most significant capital projects the country has ever embarked on, the public deserves every bit of information before being asked to tick a box. At the Red Bay and Prospect ‘public information session’ Tuesday night, the Cayman Islands government and Verdant Isle Port Partners consortium representatives said that Verdant Isle has the right to be here “informing” (some might say “misleading”) the public about the port proposal because they are part of “a consortium” charged with the project to build our port. However, our very own Department of Environment, which is charged with protecting the environment and has spoken out against the proposed port project because it would destroy our reefs and damage our environment, has not been “invited” to attend any of the public “information sessions”. Some might go so far as saying that DoE has actually been banned from attending the sessions. When asked about that, Verdant Isle and CIG said that it would have been “inappropriate” for DoE to be there at the public information sessions. How can it be “inappropriate” for our own DoE to be part of this public discussion before the referendum, the outcome of which will fundamentally affect the environment that they are charged to protect for us? Doesn’t the public deserve to be given the full picture about the proposed port project? Pursuant to our Constitution, CIG have THE DUTY to protect our environment: “Protection of the environment 18.- (1) Government shall, in all its decisions, have due regard to the need to foster and protect an environment that is not harmful to the health or well-being of present and future generations, while promoting justifiable economic and social development. (2) To this end government should adopt reasonable legislative and other measures to protect the heritage and wildlife and the land and sea biodiversity of the Cayman Islands that: (a) limit pollution and ecological degradation; (b) promote conservation and biodiversity; and (c) secure ecologically sustainable development and use of natural resources.” Verdant Isle and Dr. David Vaughan made a number of misleading statements about the state of our reefs Tuesday night, but the DoE was not allowed to put the public right on what they were being misled about. Is only getting one side of the story before going to the polls on 19 Dec. acceptable? Anna Peccarino DoE should take part in public meetings on port Editorial Letter to the editor cartoon 8am Cayman Time - By Caymanman The Cayman Compass encourages community dialogue on important public matters and is eager to receive letters to the editor that contribute positively to that discourse. Every effort is made to publish sub- mitted letters in our print and online editions that meet our criteria. Readers are limited to three pub- lished letters per month. Letters are accepted at the editor’s discretion based on the following criteria: • Letters must be no longer than 350 words. • Letters must be written with sensi- tivity to Cayman Islands’ multi- cultural society and in respectful language that avoids inciting violence or is any way derogatory towards others’ race, religion, or sexual orientation. • Letters must be based on verifiable information; the Compass reserves the right to fact-check letters. • The Compass reserves the right to edit letters for clarity and AP style. • The Compass reserves the right to cut letters to fit available space in the print edition. • Letters must include the author’s name, email address, telephone number and physical address. • Due to time constraints, the Compass cannot notify individuals as to whether submissions will be published. The views and comments expressed in letters submitted to the Cayman Compass, its website or any associated social media platforms, are those of the writer and not those of Compass Media. Letters should be emailed to editor@compassmedia.ky. LETTERS Standards and guidelines Have your say 4More than design. 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 many awards and accolades for its design and service. But it’s more than a hotel. It’s a place where the work of local artists and craftspeople is at the heart of its fabric. cayman compass 5 FRIDAY, 15 NOVEMBER 2019National Trust, CPR Cayman warn of legal action Want referendum delayed until concerns addressed RESHMA RAGOONATH rragoonath@compassmedia.ky The National Trust for the Cayman Islands and Cruise Port Referendum Cayman have formally advised the government of their intention to seek judicial review over the 19 Dec. referendum on the proposed cruise berthing and cargo facility project. This week, the two entities penned separate legal letters to Governor Martyn Roper, Premier Alden McLaughlin, Opposition Leader Arden McLean, Attorney General Samuel Bulgin and Elections Supervisor Wesley Howell seeking agreement from local leaders to have the referendum stayed. CPR Cayman gave the government until Friday, 15 Nov., to respond to its letters, while the National Trust has set a Wednesday, 20 Nov. deadline, to reply to its concerns outlined in the pre-action documents. In the legal letters, both of which the Cayman Compass has obtained, the two entities raise concerns about the environmental impact of the project and the need for an updated environmental impact assessment in light of the changes in the dock design. They want the EIA to be made public. The National Trust, in its letter, which said it had taken advice from leading counsel, stated it has a “legitimate interest” in light of its statutory purposes as set out in the National Trust Law. In outlining its case, the National Trust said the government’s duty under section 18 of the Constitution to have regard to the need to protect the environment “is a mandatory one”. “While it is accepted that section 18 requires the CIG [Cayman Islands government] to perform a balancing exercise, in order to do so it must have the necessary information available to it. The CIG must properly inform itself of the relevant environmental issues before it can carry out its duty under section 18 and decide whether to proceed with the development. Any decision in principle taken by CIG to proceed with the Cruise Berthing Project in the absence of all relevant environmental information would be invalid,” the National Trust said in its letter. By the same token, the National Trust said, the general public cannot make an informed decision until it has all of the necessary information – the updated EIA as well as studies to assess the feasibility of proposals to relocate the shipwrecks of the Balboa and the Cali. The CPR letter also took issue with the Referendum Law and regulations that have been passed to allow for the 19 Dec. vote on the $200 million project. The group, in its 19-page letter, questioned the fairness of the referendum question and the process used to finalise it, as well as the date of the vote. “A combination of action and inaction by the Legislative Assembly and the government has served to frustrate or threatens to frustrate the constitutional right to a fair and effective people-initiated referendum and therefore contravenes [section] 70 of the Constitution,” CPR said in its letter. The grassroots group, which successfully triggered the first people-initiated referendum in the Cayman Islands, also wants government to disclose how much money from the public purse has been spent on presenting its case supporting the port project proposal. In the absence of an agreement to the terms outlined in the letters, both entities have said they will be seeking orders restraining the government from proceeding with the referendum or any works until the conditions have been met. The Office of the Premier declined to comment on the letter. A CPR Cayman spokesperson also said the organisation will not comment. CPR Cayman gave the government until Friday, 15 Nov., to respond to its letters, while the National Trust has given government until Wednesday, 20 Nov., to respond to its concerns outlined in the pre- action documents. Johann Moxam, Shirley Roulstone and Mario Rankine of Cruise Port Refrendum Cayman, pictured in September, with the petition documents that sparked the upcoming referendum. The group has written to to government officials to say it is seeking a judicial review over the referendum. Premier Alden McLaughlin speaks at a public meeting about the port development at Mary Miller Hall on Tuesday evening. The premier is among several top officials to whom CPR Cayman and the National Trust have written regarding the 12 Dec. referendum. 6 news N newsWWW.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 16 TH 12 PM to 2 PM NOW SELLING PHASE 2 Three full-scale model homes available for viewing STAMP DUTY SAVINGS of up to US $245,000 through 2019 cayman compass 7 FRIDAY, 15 NOVEMBER 2019RESHMA RAGOONATH rragoonath@compassmedia.ky Government’s US$2 billion fiscal package came under fire Wednesday as Opposition Leader Arden McLean knocked what he called an election budget. Speaking in the Legislative Assembly on Wednesday, McLean lamented that despite the large spending planned, government was “out of touch” with the needs of the ordinary person. “A government cannot deprive the people of the most basic requirements and then, just when an election is around the corner, come bearing gifts that they hope will get them re-elected,” McLean said in his contribution to the budget debate in the Legislative Assembly on Wednesday evening. The East End MLA picked apart the government’s financial plans, saying he was concerned by what he has been noticing, which is “whenever an election is around the corner, the government of the day becomes reckless with the finances of the country”. He lamented that the Opposition was excluded from the process of putting forward its budgetary needs. McLean said that on 11 Sept., he wrote to the premier to exercise the entitlement to attend a meeting of Cabinet. “I am yet to have the courtesy of a reply,” he said. “As you are aware, the Constitution under section 47 entitles members whose electoral district is not represented in Cabinet to attend Cabinet once every three months to make presentations on behalf of their constituents and, in particular, when appropriations are being prepared.” Drilling down on some of the points Premier Alden McLaughlin made in his budget statement, McLean took issue with the plans to deal with Cayman’s traffic woes. Those plans include widening of key roads and the expansion of the East-West Arterial. “Like the premier, I too believe that further development of road networks may ease the woes we are currently experiencing but until other measures are put in place, the roadworks relief will be short lived,” McLean said. He added that, unless work is done to correct the circulation and parking problems in the capital, the problem will only escalate. He said, when he was minister responsible for roads, he identified the need for other means of transportation and control of vehicle importation. “I was ignored and told it was not the right time to restrict importation of vehicles by demographics. It has now come back to haunt us. In the absence of bold decisions on public transport, vehicle importation, driver education, enforcement of the traffic law and the introduction of mechanisms to control people’s behaviour, we will forever be in gridlock in this country,” the opposition leader said. He welcomed plans to revive the National Housing Trust Government Guaranteed Home Assisted Mortgage programme. However, he said, more needs to be done to control rising housing and rental costs. “Housing is an essential part of nation building and if government does not take a leadership role in assisting those who would otherwise not qualify through the usual process, then our nation will suffer. Mr. Speaker, we have allowed the price of land and home to be driven up so high that the possibility for our children owning their home has become bleak,” McLean said. On Thursday, North Side MLA Ezzard Miller, in his contribution on the debate, also took issue with the planned road works. Miller said he was not comforted by expansions planned by the government and he was doubtful they “will provide any real relief for those who live in the eastern districts”. He suggested that if Dart wanted to do something iconic, instead of building an ‘iconic tower’, it should build a monorail system from the eastern districts. “That’s iconic, and that would really help my district,” he said. Debate on the budget continued Thursday. Financial report: Gov’t surplus double projected figure MARK MUCKENFUSS mmuckenfuss@compassmedia.ky A third-quarter unaudited financial report shows the Cayman Islands government had greater revenue and spent less than its projected budget. And while a reported $180 million surplus was double the projected $90 million, it was slightly lower than last year’s $184 million surplus for the same period. Overall, the government’s net assets were up over the same period last year by 25%, or $317 million, to $1.6 billion. According to the report, the largely positive numbers are “due to higher coercive revenues [fees and duties] and higher investment revenues, complemented by lower levels of expenditures in personnel costs, supplies and consumables and other operating expenses within core government”. Coercive revenues of $634 million were up nearly 10% over the projected amount but the biggest revenue surprise came in investment, no doubt a reflection of the robust year the US stock market is enjoying. The $14.8 million in revenue for the first nine months of the year was 281% greater than the projected $3.9 million and 71% higher than the same period last year. Personnel costs, which came in at $238 million, were up 12% year-to-date, but were 3% lower than the projected amount. Companies expenses were also up 12% year-to-date at $94 million. Supply costs were 16% lower than expected. The government ended the period with $654 million in the bank, lower than the expected $690 million, but up significantly from the third quarter of last year, when the amount was $535 million. “The overall fiscal performance reported for the period shows an [entire public sector] net surplus of $179.9 million, which is $90.3 million higher than budgeted,” the report says. “This favourable position was mainly due to revenues favourably outperforming initial projections by 11% ($70.6 million). “Compared to the results through the third quarter of 2018, core government revenues for 2019 are 7% ($43.8 million) higher; expenses were also higher [by] 11% ($51.3 million) … Overall, EPS net surplus was 2% ($3.9 million) lower.” The full report can be found at https://bit.ly/2XfmiRv. McLean criticises ‘election budget’ Arden McLean. Personnel costs, which came in at $238 million, were up 12% year-to-date, but were 3% lower than the projected amount . $1.6 billion Government’s net assets Students hone their debate skills Sixty students from seven private and public schools on Grand Cayman and Cayman Brac took part in the ninth Conyers’ Inter-Schools Debate Tournament last week. At the debate, held at the Cayman International School, students competed in the Novice and Open divisions over two initial rounds where they debated issues ranging from whether “snitching is acceptable” to the appropriateness of calling out bigoted comments in your friend group to whether or not peer pressure is a positive thing. The final debate round saw the two top teams debate whether Cayman should significantly increase the promotion of cruise ship tourism. The winners in the Open Division Individual Awards were Aiden Watler, Cayman Prep and High School, Best Speaker; Leila Sulliman-Maw, St. Ignatius Catholic School, Second Place Speaker; and Sophie Ellison, Cayman Prep and High School, Third Place Speaker. In the Open Division Team Awards, the top three were Aiden Watler and Eva Muspratt, Cayman Prep; Leila Sulliman-Maw and Kayla Turner, St. Ignatius; and Sadie Finch and Thomas Dickens, Cayman International School. In the Novice Division Individual Awards, the top three teams were Jack Coleman and Josh Cowell, Cayman International School; Ainsley Imparato and Oriela Dzaghgouni, Cayman International School; and Shamara Lewis and Jelani Hanson, John Gray High School. The Novice Division Team Awards went to Josh Cowell, Cayman International School, Oriela Dzaghgouni, Cayman International School; and Shamara Lewis, John Gray High School. 8CAMANABAY.COM Holiday TraditionsWeekly Festivities Annual Tree Lighting Saturday, 16 November 4 to 9 p.m., the Crescent (main event at 6:45 p.m.) Parade of Lights Saturday, 7 December 6 to 9 p.m., the Crescent Santa Run Saturday, 14 December 6:30 to 8 a.m., the Crescent Christmas Moonlight & Movies Tuesday, 17 December 7 to 9 p.m., the Crescent Wednesdays Holiday Farmers & Artisans Market 6 November to 18 December 10 a.m. to 7 p.m., the Paseo Thursdays Traditional Santa Photos 5 to 19 December 5 to 7 p.m., Gardenia Court Saturdays Caribbean Santa Photos 7 to 21 December 3 to 5 p.m., the Island Pink Ladies Annual Christmas Bazaar Saturday, 30 November 2 to 5 p.m., Arts & Recreation Centre Visual Arts Society Christmas Craft Market Saturday, 14 December 10 a.m. to 5 p.m., the Paseo 9Next >