100% hoppe r® 0% Beef 100% Whop per ® 0% Beef 100% Whop per ® 0% Beef Patty made from plants. TM & © 2020 Burger King Corporation. Impossible is a trademark of Impossible Foods Inc. Used under license. cayman compass Your most trusted news source Established 1965 $1 | Funding local journalism | Weekly, 30 April - 6 May 2021 Photo: Taneos Ramsay Hoops & dreams Coach Cory aims high with Windsor Park basketball project, working to change young lives through sports. Page 5Matinees (matinee price before 6pm) • Seniors $8.00 (Mon-Fri before 6pm) Additional charges apply per 3D/VIP tickets 640-FILM (640-3456) 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. WHAT’S PLAYING THIS WEEK GODZILLA VS. 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CLASSICS THE GODFATHER (R) TUESDAY 7PM VIP TOM & JERRY (PG) (SUN) 5:00 VIP KIDS CLUB OVER THE HEDGE (PG) SATURDAY 10AM VIP AVAILABLE 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 PUBLISHER KATHLEEN CAPETTA EDITORINCHIEF KEVIN MORALES weather 87°F HIGH 79°F LOW Friday Forecast FORECAST Mainly fair skies with a 20% chance of showers. SEA STATE Slight with wave heights of 1 to 3 feet. SAT 89°F HIGH 78°F LOW SUN 89°F HIGH 78°F LOW MON 89°F HIGH 78°F LOW TUES 88°F HIGH 74°F LOW WED 89°F HIGH 74°F LOW FRI 88°F HIGH 76°F LOW caymancompass.comfacebook.com/caycompass cayman_compass@cayCompassCayman Compass WINDS Southeast at 5 to 10 knots FIND US ONLINE Caymancompass.com Facebook.com/Caycompass cayman_compass@cayCompassCayman Compass Charles Whittaker arrested after violent incident at gym Former national boxer Charles ‘Killa’ Whittaker was taken into custody on 27 April, after breaking through a glass door at the D. Dalmain Ebanks Boxing Gym and verbally assaulting staff. He has been arrested on suspicion of causing fear or provocation of violence, damage to property, and resisting arrest. The incident is said to have occurred sometime around 4:15pm on 27 April, and was captured in multiple videos which have since been shared across social media. Stuttering vaccine rate worries top offi cials Chief Medical Offi cer Dr. John Lee is urging people who have not yet received their COVID-19 shots to ensure they get their fi rst dose by 9 June, as the vaccines on island will expire at the end of that month. Lee issued a fresh plea this week for people to come forward and be vaccinated. “COVID-19 is raging around the globe but the Cayman Islands has the precious resource of vaccinations – let’s not waste this gift in the face of the world’s gaze; people are desperate for vaccinations in countries where patients can’t get enough oxygen and respiratory support,” he said. It comes as Governor Martyn Roper made a similar call for members of the public to get their jab. “If we are going to safely reopen the borders we do need more people in Cayman to come forward and get the vaccination. So please, please do come and get it,” Roper said as he addressed the issue. Roper said the latest numbers were tapering off and there are still some 7,000 people yet to roll up their sleeves. He said anyone hesitant about the vaccines should watch what is happening around the world COVID-19 update As of 28 April, Cayman had 19 active cases of COVID-19, all incoming travellers currently in isolation. Two of the cases are symptomatic, with none requiring hospitalisation. Cayman has recorded 542 COVID-19 cases overall, with 521 recovered. To date, 65,680 Pfi zer- BioNTech vaccines have been administered, with 35,559 people – 55% of the estimated population of 65,000 – receiving at least one dose; 46% have completed the two-dose course. As of 28 April, 703 people were in isolation, either at a government facility or their homes. Westin resort plans June reopening The Westin resort on Seven Mile Beach is preparing to reopen for staycations from June. The hotel has been closed since Cayman shut its borders and went into lockdown as COVID-19 arrived on these shores in March last year. At the time the closure was announced, it was expected that it would involve “30 days of suspended operations”, hotel manager Jim Mauer said. As of now, it has been 13 months and four days. The hotel is targeting the school summer holidays in Cayman for the staycation market. Mauer hopes this will be the beginning of a slow and steady rebuild of the resort’s staff and operations ahead of a safe reopening of the island to international tourists, potentially later this year. Cash taken in Doctors Express burglary Burglars made off with an unspecifi ed sum of cash from Doctors Express in the early hours of 28 April, according to a press release issued on behalf of the medical facility. It said the early-morning burglary occurred at approximately 4:45am. The release stated that the burglar alarm was triggered and police were immediately dispatched to the scene. It added that no one was injured in the incident, which lasted “only a matter of minutes”. Education programme expands into West Bay An innovative education programme that provides intensive extra tutoring for children from underprivileged backgrounds is expanding into West Bay. The Mentor Educate Reinforce programme links businesses and private sector sponsors with children who are struggling in school and provides them with a support network to help them catch up. Launched in George Town in 2018, the programme, which is organised by non-profi t Acts of Random Kindness, initially involved 12 youngsters aged between 7 and 10. They receive specialist tutoring fi ve times a week in small groups, as well as mentoring and other activities with adult sponsors. Now, it is expanding to provide similar help to 12 children in West Bay. The charity has sponsorship for the next phase and is working with education authorities to identify the kids most in need of support. The pool at The Westin is getting a makeover ahead of its June reopening. news in brief Chief Medical Offi cer Dr. John Lee urges people to get COVID vaccines. cayman compass 2 N news FRIDAY, 30 APRIL 202110 policies the new government could implement swiftly ANALYSIS BY JAMES WHITTAKER jwhittaker@compassmedia.ky As the Cayman Islands looks ahead to a new era under the leadership of Premier Wayne Panton, a blueprint for the direction of the country is beginning to emerge. While the members of the independent PACT coalition did not campaign on a joint platform of ideas, the MPs that now make up the government did address some similar concerns on the campaign trail. “We chose to focus on what united us, as opposed to what divided us,” Panton said, as he explained how the coalition of independents had been formed in his inaugural speech as premier. Cost of living, traffic, over- development, quality of life, affordable housing and good jobs for Caymanians at reasonable wages were touchstones of many of the pre-election speeches of the group. Identifying those issues is one challenge; addressing them is likely to be another. There were multiple ideas, however, that emerged during the campaign that could potentially be put into action quickly. Here we look at 10 concrete policy initiatives, suggested during the campaign by candidates who are now part of the government, that PACT could seek to implement within the first 100 days. 1. A clear policy on development concessions The decisions of the previous government to waive duty on construction materials for a number of multi-million dollar condo projects, was highlighted consistently on the campaign trail. The auditor general has previously spoken out over the lack of action to create a clear and transparent policy for which developers can apply for duty concessions and under what circumstances they would be granted. It is clear that the new government would have a mandate to bring in such a policy. 2. Incentivise low-cost housing The issue of affordable housing for Caymanians was raised on many occasions by a number of the members now in government. A concessions policy, as outlined above, could be used to target tax breaks to incentivise affordable housing developments. Another idea, raised by now- Deputy Premier Chris Saunders, was to waive stamp duty on property sales (charged at 7.5% of the total property price) completely for Caymanian buyers on their first three properties, regardless of value. That may be a measure that has to be introduced incrementally, but Saunders was not alone in suggesting expansions to duty waivers for Caymanian home- buyers and some expansion of those concessions could be expected. Currently stamp duty is waived for first-time Caymanian buyers of properties up to $400,000 in value. 3. Introduce a parliamentary code of conduct The absence of a ‘code of conduct’ for parliamentarians was highlighted before, during and after the election amid the furore that surrounded Speaker McKeeva Bush’s assault conviction. Several candidates, now government MPs, joined the Human Rights Commission in calling for a written document setting out the expectations for behaviour of elected officials. Though the PACT government did make a deal with Bush to help form a government, a condition of that agreement was his support for a code of conduct, which Panton has indicated will be quickly introduced. 4. Review import duty on ‘essentials’ to reduce cost of living Cayman’s base rate of duty for imported products is 22%. There are a number of waivers for essential items as well as for ‘duty-free’ products sold primarily to tourists. Several candidates, including new Cabinet minister Bernie Bush, said on the campaign that this was long overdue for review and expansion. “People can’t afford the essentials they need,” he said during a Chamber of Commerce debate. He pointed to duty waivers and reductions on crystal, watches and binoculars compared with the full tax requirement for “baby food, Pampers and sanitary napkins”. Reviewing and amending that list would be a quick win on cost of living for the new government. 5. Maintain safety first approach on COVID-19 No candidate campaigned on a different approach to the pandemic and Panton, in his inaugural speech, paid tribute to the previous government for their handling of the outbreak, highlighting the “miracle of life without masks”. Kenneth Bryan, who will be the new tourism minister, indicated in a debate on the Cayman Crosstalk radio show prior to the election that he supports a safety-first approach. “I don’t think we have a choice but to take it in a slow and safe way. That is what has got us here,” he said. “We have to follow the science and respect it. That is what got us this far.” 6. Investigate public transport reform While there is no quick fix to the traffic gridlock highlighted by multiple winning candidates, the new government has a clear mandate to tackle the issue head-on. Possible policy initiatives, including restrictions on car ownership for work-permit holders and more remote working, were highlighted during the campaign. Most candidates acknowledged, however, that a safe, efficient, on-time public transport system would likely need to come first. Bryan, who also takes the transport portfolio in the new Cabinet, expressed support for a different approach to public transport in his Crosstalk appearance. A commission or committee to investigate the wide range of ideas that has emerged on the topic would be one concrete, early step that the new government could take. 7. Change some faces on Cayman’s boards Calls for a more environmentally friendly approach to planning and development could mean a reshuffle on the Central Planning Authority, among other boards. The auditor general, in a 2019 report, raised concerns that membership of the authority – which adjudicates planning applications – was made up largely of individuals associated with the development and construction industry. The last government did introduce some new faces, including former National Trust director Christina McTaggart- Pineda in a 2019 reshuffle, but it would be open to the new government to make more wholesale changes. A number of positions, including that of the chair, are up for renewal in July. 8. Implement national climate and energy plans The National Energy Plan and the National Climate Change plan already exist. It would be open to the new government to wipe the dust off these documents and seek to ensure they are being implemented. One point of controversy, for example, in the run-up to the election was concerns, highlighted by renewable energy advocates, that the pricing and policy decisions from the regulator on residential solar did not reflect the national goal of converting to clean energy. Speaking on the campaign trail, André Ebanks, now a Cabinet minister, said more concerted efforts were needed to use renewable energy as a jobs engine. Panton’s creation of a new ministry “to address the existential threat of climate change” suggests this will also be a priority. 9. Review the minimum wage A planned review of Cayman’s $6-an-hour minimum wage was postponed amid the impacts of the pandemic. Several candidates said they would seek to review and increase this. “You are hearing a lot of us campaigning in support of a higher minimum wage,” said Prospect MP Sabrina Turner on the campaign trail, “but I think that needs to be expounded on when it comes to a living wage”. Turner, who will be health minister in the new Cabinet, said people were struggling to meet their basic needs. “$6 can no longer make the cut. You may be able to afford the milk, but there is no cereal.” 10. District councils The concept of advisory district councils to give constituents a direct line to their MP and a voice in shaping solutions to the issues in their areas was cited by many winning candidates as a priority. The Constitutional Commission has also called for district councils to allow people to “engage and influence the democratic process” as part of their constitutional rights. Katherine Ebanks-Wilks, the MP for West Bay Central, was not alone in highlighting this is as a priority. Speaking on Crosstalk prior to the election, she said “supporting the implementation of district councils” would be a priority within the first 100 days. “That is one of the first ways we can hold our MPs accountable and we are able to see the true voice of the people represented in Parliament,” she said. The first 100 days: How PACT could make a quick impact Curbing development was a key campaign issue for many of the candidates now in government. – Photo: Taneos Ramsay cayman compass 3 news N news FRIDAY, 30 APRIL 20211234567 89 101112 13141516 17 181920 212223 2425 1234567 89 101112 13141516 17 181920 212223 2425 ACROSS 1 Twist forcibly (5) 4 Put up with (7) 8 A durable wood (3) 9 As an alternative to (7,2) 10 Go ahead of (7) 11 Ostentatious (5) 13 Bankrupt (6) 15 To lower in reputation (6) 18 Precisely (5) 19 Circumspect (7) 21 Unprecedented (7-2) 23 Touch gently with a cloth (3) 24 Small Eurasian rodent (7) 25 In modern times (5) DOWN 1 Blatant lie (7) 2 Consistent (2,7) 3 Sly behaviour (5) 4 Method of procedure (6) 5 Supervise (7) 6 Say further (3) 7 Big and strong (5) 12 Having no set limit (4-5) 14 Candidate (7) 16 In particular (7) 17 An arachnid (6) 18 Uncouth (5) 20 Unsuitable (5) 22 A sound like bees (3) The Compass Crossword Puzzle The Compass universal kakuro Puzzle 16679 The numbers in the black cells are clues. Numbers above the slash are across clues. Number below the slash are down clues. The goal is to enter digits 1 - 9 in the white cells to add up to the number clues. You cannot enter any digit more than once when adding up to clue. TODAY'S SOLUTIONS Puzzle 16679 ACROSS: 1 Wring, 4 Stomach, 8 Oak, 9 Instead of, 10 Precede, 11 Showy, 13 Ruined, 15 Demean, 18 Right, 19 Prudent, 21 Unheard-of, 23 Dab, 24 Hamster, 25 Today. DOWN: 1 Whopper, 2 In keeping, 3 Guile, 4 System, 5 Oversee, 6 Add, 7 Hefty, 12 Open-ended, 14 Entrant, 16 Notably, 17 Spider, 18 Rough, 20 Unfit, 22 Hum. Last week I boarded a public bus as I normally do. I’ve lived in several countries where it is rude to be loud. If you’ve ever been on our buses, you know that isn’t the case here. I normally just put my headphones in and mind my business, but on this day, there was no ignoring the conversation. The main attractions were two women in the seat opposite me. Their voices were so loud, I’m sure people outside could hear. Now, it wasn’t necessarily their volume that made me turn off my podcast and listen in, it was the subject of their conversation. The first thing I heard was the main woman yelling to every person entering and exiting the bus, “Don’t take the vaccine! Don’t you do it! They are trying to control us!” I wanted to know why she thought this, but as the only person with a mask on in the bus despite the signs saying police will be called, I thought it best not to engage. But I did get some more information. She and the woman next to her continued yelling at everyone not to take the vaccine. And then it got weird. The talk turned to reasons why not to get the vaccine. The number one reason they discussed was that the vaccine shot inserts a microchip into you so the government can track you at all times, then the chips would be used to control everyone and everyone who “had the chip” would be killed. I couldn’t believe what I was hearing. These were grown women, probably with children who will learn this as absolute truth. How could grown people believe this? I am still grappling with it. That we have people who think the government is trying to control us with chips implanted as a vaccine. People who are endangering their friends, family and everyone around them. If we want our borders reopened, we need to reach these people. But, unfortunately, many of them are too far gone. But that doesn’t mean you can’t help! Explain the benefits of masks, social distancing and especially the vaccine. Be a role model for your community! If we truly practise CaymanKind, we can get our vaccination level to where it needs to be! Do your part and follow the guidelines – leading by example is a great way to sway opinions. You may not get the microchip people or the 5G folks [on board], but you can certainly do some good. And the world could do with some of that right now. Courtney Criswell NCC objects to Boggy Sand 3-storey house I really hope that the National Conservation Council not only suceeds in stopping this development, but there is also a demolition order made to demolish that gazebo. It should never have been allowed in the first place. – Natasha Playne After 13 months closed, Westin resort targets June reopening I guess the wait for the borders to open took too long! They have the best beach, Sunday brunch and spa and chose to stay closed for over a year! Baffles me. – Risa Cooper-Ebanks Scheduled to be down there in October so you’d better get the borders open. Wife and I are both vaccinated. Should be no issue. – Pete Brown When will the borders open without having to quarantine for vaccinated people that have family living there? – Sophia Bera Be nice if you opened the borders to vaccinated people who own homes in Cayman! – Cathy Johnston Baier I hope this means visitors can return to the island. – Peggy Reds-Girl New government, we need to hear from you all on this matter. – Don Reach Turks and Caicos makes COVID vaccines mandatory for work- permit holders We need educated vaccine ambassadors to go out into the community and alleviate people’s fears. I had both shots and I’m not going to lie: The second one was hard for two days – but I had surgery 11 days prior so in fairness my immune system was down. But I feel fine today. I think we also need businesses to give people a COVID vaccine sick day. When the borders open back up every virus is coming with that opening. We have been so safe for so long we are no longer afraid. – Lisa Cox I agree. I don’t understand why asking for proof of vaccination is such an issue... Secondly, don’t we realise that there are some countries where you have to have certain vaccines before you can enter? – Darlene Manzanares I am not taking the vaccine. It’s my body, my choice. You want to take it, it’s your right to do so. Any government that would force people to take an unproven, little tested injection for a virus that is 99.7% survivable is far overreaching their authority. I will leave Cayman before I get that shot! – Micky Ackley-Webster I think it should be mandatory for everyone, unless there is a valid medical reason. – Anna Carter Water Authority orders removal of water-usage monitors Having been at the Water Authority when customer services were being yelled at by an unhappy customer who was refusing to pay for a high water bill due to a water leak, it would be in their interest to work with CostWatch and install on all meters. – Tomeaka McTaggart Can’t this be reported to the ombudsman’s office? I’m sure there are no laws or regulations that permit this. – Aaliyah Watler Sounds useful to be alerted by phone especially if a water pipe burst! – Rosie Forbes CostWatch is great! Has saved me a lot of money with broken or leaking pipes over the years. – Mark Fagan They don’t want you to to know your water usage because they can charge anything. – Lishan Ebanks Didn’t even know these existed. Sounds useful. My bad experience could have been prevented with something like this, as I still don’t understand why my January bill was four times higher than my usual bill. Interesting that a couple of my friends had the same experience in January. – Miriam Novotná Wants me to get it even more now. – Nathaniel Cornwall A plea for everyone to get vaccinated What they’re saying Online Letters to the editor cayman compass 4 news N news FRIDAY, 30 APRIL 2021SEAFORD RUSSELL JR srussell@compassmedia.ky “My role isn’t to teach these kids basketball, it’s to keep them out of prison.” A new basketball project in Windsor Park is more than just a sports initiative, added Cory McGee, who coaches the under-18 national basketball team. “Anytime I can see a basketball court with night lights, that’s an attractive place for me,” he said. “Everything that happens within their elements, as it pertains to being out after- hours in Windsor Park, it is always affi liated with crime and drugs. So why not change the narrative and allow these kids to lead the way and set an example for other kids?” Over the last week, McGee, along with Orville Richardson – who designed a mural for the basketball court – and several neighbourhood teenage boys who helped to paint the site, located off Hawkins Drive in Windsor Park, completed the project. McGee said he hopes to keep young men on the straight and narrow while promoting inclusion. “What you’re looking at is history,” said McGee. “It’s a mural on a basketball court, which represents diversity in your culture, diversity in your thinking and obviously the Cayman Islands is made up with people from all over the world.” In addition, he is trying to keep drugs out of the neighbourhood. “Obviously Windsor Park has a different type of narrative; some people say it’s a bad place, but if you think you’re going to smoke weed, or vape at this park, you’re going to have to fi nd another place because now these kids care about it. They spent a countless amount of hours to make the court look like what it looks like now.” As to the possible effects of marijuana usage, Verywell Mind, a website promoting mental health, noted that US teens who smoke marijuana, compared to those students who do not, are more likely to get poor grades and drop out of high school as well as develop mental health disorders. In addition to his message of keeping the court free of drug use, McGee said that the process of painting the court took seven days and, during that time, he taught the boys the importance of discipline, commitment and hard work. “That’s what the community should be about building,” said McGee. Jevon Morgan spends a lot of time playing basketball at the court and said, before its recent renovations, it wasn’t a pleasant place. “The court was all mashed up,” said Morgan. “Before, it didn’t have paint, it was all messed up with cracks and slippery, and the fence, the ball used to go over into people’s yards.” He added, “We just come out here to play basketball, that’s what we love doing.” Outside of painting the mural, the Public Works Department has also stepped in and is looking to make some enhancements of its own. Public Works staff raised the height of the fence on one side of the court by 4 feet so it is now 12 feet high, acting park manager Crosby Solomon told the Compass, adding the same thing will be done on the other side. He said raising the height of the perimeter fencing will improve road safety in the area. “The ball may go over [the shorter fence], which means it’ll be in the main road on either side,” he said. “So, once we extend it, it’s less chance of the ball going over, and hitting someone’s car and cracking people's windshields and whatnot.” His team is also in the process of levelling the ground with the court, Solomon said. “We want to add some fi ll here.” Pointing to safety issues of the players, he said, “When the guys are running on the court, if their foot ever slips off the edge, it could injure their ankles. So, what we intend to do is level off everything and fi ll it with concrete right around so we can prevent injuries.” The basketball facility now also has a portable toilet, and the Department of Sports will be replacing the baskets and backboards in the weeks to come, according to Solomon. As to improving other courts around Grand Cayman, McGee said he hopes to bring the initiative to more districts through his non-profi t organisation In Between Dreams. “Richardson and I look forward to taking projects like this to various districts around the island and create a vision for them and their outdoor basketball courts,” he said, adding the focus would be on empowering the young people in those neighbourhoods. An aerial shot of the completed mural on the basketball court in Windsor Park. - Photo Supplied Teenage boys living in Windsor Park assisted with revamping the courts they use almost everyday. – Photo: Seaford Russell Jr. Teaching life lessons through basketball “If you think you’re going to smoke weed, or vape at this park, you’re going to have to fi nd another place.” Cory McGee National coach works to motivate teens one court at a time cayman compass 5 news N news FRIDAY, 30 APRIL 2021 N newscgcoralisle.com | @cgcoralisle Good Like That. British Caymanian Insurance Company Limited BritCay House, 236 Eastern Avenue, P.O. Box 74, George Town, Grand Cayman KY1-1102, Cayman Islands tel: 345-949-8699 In other words, we’re here to keep you happy. Our home insurance policies cover accidental damage to TVs and other electronic equipment, including laptops. You can rest assured knowing that your property is protected. To learn more, visit cgcoralisle.com. We’re like a family game night where no one leaves crying. was unlawful, and breaches their constitutionally protected human rights, specifically Section 9 (1) of the Bill of Rights which speaks to the right to private and family life. In the writ, attorneys for the brothers say, “The Applicant[s] [are] now detained thousands of miles away from [their] family. Since [their] transfer [they have] not had any visits from [their] family nor [have they] been permitted to make calls to the Cayman Islands. For obvious reasons it will not be practicable to receive regular visits from [their] family in the future.” The brothers are calling on the courts to declare the transfer illegal, and to quash it so that they can be transferred back to Grand Cayman to serve the remainder of their sentences. When replying to the two men’s claims, government attorneys warned Justice Michael Wood against finding in favour of them as it could breach the principal of separation of powers, as well as create unintended implications for Cayman’s prison services and the wider United Kingdom and its Overseas Territories. One prison system, multiple jurisdictions Paul Bowen, QC, who represents the respondents, told Justice Wood that, although Cayman and the UK are separate jurisdictions with two distinct prison services, they are “inextricably linked” by the Colonial Prisoners Removal Act 1884 to form one prison system that spans across the United Kingdom. “Prisoner transfers can’t be equated with an extradition… it is a transfer within a single prison system, albeit one with a different constitutional system,” said Bowen. He said under this one broad system, the most dangerous criminals were transferred from the then-colonies, now Overseas Territories, to the UK as it was not feasible for each OT to build its own category A prison. He said proof of this was that in the last 10 years, only three prisoners have been transferred from Cayman to the UK. “These are two convicted prisoners, convicted of a murder described as a public execution of the most chilling kind, as noted by the trial judge,” said Bowen. Douglas and Ramoon were both gang leaders, who were facilitating the importation of drugs, automatic weapons and hitmen from Jamaica, he said. He told the court that days before their transfer, a prison escape plan involving the men had been discovered. Bowen said the decision to transfer a prisoner depended on the governing body of each jurisdiction and, in the case of the Cayman Islands, that was the ultimate responsibility of the governor who is tasked with the islands' security. Bowen added that, by law, if the prisoners wish to return, the proper course dictates that they apply to the governor first. “It is open at any time for the plaintiffs to make submissions to the governor to invite him to exercise his discretion under section 3, and to put any evidence before the governor that they consider is relevant to that decision,” said Bowen, who added that neither Douglas nor Ramoon has made any such applications. “If you accept the blandishments of [the applicants] and trespass onto the territory of the decisionmaker, not only do you risk your own decision being overturned, but in doing so, you trespass on the proper territory of the executive in breach of the separation of powers,” Bowen told Justice Wood. He added, “Any treatment that this court gives to this issue is not going to only have implications for the Cayman Islands, because the 1884 Act applies in all the Overseas Territories and may have unforeseen implications for the other Overseas Territories, which the court should be careful not to create.” When turning his attention to the argument of whether the transfer had violated Douglas and Ramoon’s human rights by depriving them of the chance to see their family, specifically their children, Bowen said the case law shows in cases of serious crimes, no such consideration needs to be given because neither man was a primary caregiver. “Harm to the bond between a parent and a child is regrettable but is inevitable as a result of committing serious offences,” said Bowen. He added, “The case law shows that the consequences are entirely, entirely, the responsibility of the convicted prisoner.” Douglas was represented by Laurence Aiolfi, while Ramoon was represented by Prathna Bodden. Both men were also represented by Hugh Southey, QC. A decision on the judicial review is expected to be returned in the coming months. Murderers challenge prison transfer Request to be returned to Cayman ANDREL HARRIS aharris@compassmedia.ky A Grand Court judge has heard arguments on behalf of convicted murderers Osbourne Douglas and Justin Ramoon who are challenging their transfer four years ago from Cayman's Northward prison to a maximum-security jail in the UK. Douglas and Ramoon, who are brothers, are serving 30 and 33 years, respectively, for the 2015 gang-related shooting of Jason Powery. They were transferred from HMP Northward to HMP Belmarsh in 2017, after being deemed a security risk. At the time, they sought permission for a judicial review to challenge the transfer. That was eventually granted in 2018 and finally heard in Cayman's Grand Court on Monday, 26 April 2021. In their civil suit, Douglas and Ramoon named the governor and the director of prisons as respondents. Douglas and Ramoon: ‘Our rights are being infringed’ The brothers claim the decision to transfer them to Belmarsh, in London, where they have no family or friends, “The case law shows that the consequences are entirely, entirely, the responsibility of the convicted prisoner.” - Paul Bowen, QC cayman compass 6 news N news FRIDAY, 30 APRIL 2021JAMES WHITTAKER jwhittaker@compassmedia.ky Employers in certain industries such as social care would likely be within their legal rights to insist that their workers are vaccinated against COVID-19, according to analysis from Cayman Islands law firm HSM. It would also be legally open to the government to insist on proof of vaccination as a condition of new work permits, according to employment and immigration law experts from the George Town firm. With vaccination rates in Cayman dropping and other jurisdictions beginning to look at measures to compel people to take the jab, questions abound over what options are open to employers and government as they seek to hit a safe threshold for reopening. HSM partner Kerrie Cox outlined some of the key considerations around vaccinations and Cayman’s employment law in an analysis for the firm, shared with the Cayman Compass. And Nick Joseph, another partner at the firm, specialising in immigration, gave us his views on the legality of making immunisation a condition of employment for expatriates. Here we summarise some of the key questions on the issue. Could businesses in Cayman compel their workers to get vaccinated? While he argues that the issue is complex and would need to be evaluated on a case-by-case basis, Cox suggests the principle of mandating vaccination for employees in certain sectors is defensible under Cayman Islands law. “A direction to take the vaccine could be regarded as a ‘reasonable instruction’ on the part of the employer, depending on the individual circumstances of the business,” he wrote. Cox cited social care as one area where employers could reasonably argue that instructing employees to get vaccinated was necessary for the protection of vulnerable people. “Conversely, employers in other business sectors will not have the same strong rationale for mandating staff inoculation,” Cox wrote. The firm advises clear communication and engagement with staff for any business contemplating mandatory inoculation policies. Any such policy would have to ensure it did not discriminate against people who could not take the jab, for example pregnant women, or those with a health condition that makes the vaccine more dangerous. Could someone be fired for not taking the vaccine? Although he argues that in some occupations, particularly those concerned with health, an employer mandating an employee to be vaccinated could be regarded as a reasonable instruction, Cox suggests that each case must be taken on its merits and any dismissal process must be fair and proportionate. “Only an employee who unreasonably refuses to be vaccinated could be fairly dismissed,” he wrote. “There must be an opportunity for the employee to set out the basis for their refusal and the employer will need to consider those reasons in the context of its business.” It also raises questions over the accommodation of any ‘exceptions’ such as pregnant workers or those who cannot take the vaccine due to a health condition. Cox cautions that any employer seeking to dismiss a worker who refuses to get vaccinated must show they have given careful thought to alternatives including reallocating the employee to a different role where not being inoculated would not be a detriment to the business. Could an employer be liable if a worker gets sick? In his analysis, Cox warns that employers have a legal obligation to ensure the health, safety and welfare of employees at work. Though he argues that the vaccine should be considered part of a workforce COVID-19 risk- assessment measure, to guard against the threat of contracting the virus, he acknowledges a flip side for employers. “Mandating the vaccine could give rise to claims from employees who suffer an adverse reaction to the vaccine if a link can be established, so medical advice for employers may be required,” he wrote. What about data protection? Cox cites data protection legislation as a complicating factor for businesses seeking to insist their employees are vaccinated. Presumably, an employer insisting on wholesale employee vaccination would require corresponding ‘evidence’ from an employee. Therefore, employers would have to carefully consider why they need evidence of vaccination and whether it is appropriate for their business. “The employer must consider not only the reasons for requiring the data but also issues like how it will be held securely, who will have access and whether it is appropriate to hold more than a simple ‘yes’ or ‘no’,” according to Cox. Can government mandate vaccination for work- permit holders? Nick Joseph, an immigration specialist with HSM, believes it would likely be permissible for the Cayman Islands government to take this action, as the Turks and Caicos Islands has already done. He told the Compass, “Work permit holders have no absolute right to a renewal of their work permits, and it is open to the authorities to place such limitations on the renewal of those permits as they determine, providing that such limitations are lawful, reasonable, proportionate, and procedurally fair. “It is without doubt open to the authorities to place a vaccination requirement on any person, not already resident in the Cayman Islands, as a condition of the grant of any new work permit.” He said the question of whether such a move was reasonable, proportionate and fair was more complex and government would need to ensure the same rules were applied to both for civil servants and private sector employees if it took that kind of action. He added that any attempt to mandate vaccination across any sector of the community would have to allow for exceptional circumstances and exemptions. What about PR holders? Joseph believes it would not be lawful for government to mandate vaccination for permanent residents or Caymanians. “Such persons already have a right to be settled here – and no government attempt to require vaccination of them (as a condition of them simply remaining here) would be lawful,” he wrote. That does not necessarily mean, Joseph suggests, that no employer could mandate vaccination of all staff as a condition of ongoing employment – including Caymanians and permanent residents. He cites airline crew and hotel staff among possible categories of workers where employers might be able to argue it was reasonable to insist on vaccination. “It should be remembered that the Constitutional protections enshrined in the Bill of Rights create limitations on the ability of Government to place limitations on the people,” Joseph wrote in an emailed response to questions from the Compass. “The relationship between employers and employees is the subject of more nuanced considerations – and any attempts to require vaccination would (whilst in theory being permissible) need to be considered on a case by case basis.” So what is the legal advice? While HSM suggests there are circumstances where employers could mandate vaccination, the lawyers believe the issue is complex and should be treated carefully. “The most practical approach would be for employers to engage with staff and encourage, perhaps writing a non-contractual policy outlining the benefits of taking the vaccine and assisting in any arrangements for staff to be immunized,” Cox wrote. “Any employees who refuse the vaccine could be met privately to explain the benefits again, but employers should be cautioned about forcing or disciplining staff who refuse.” The issue explained: Can businesses insist staff get the COVID-19 vaccine? Chief Medical Officer Dr. John Lee joined Health Services Authority staff this week in a promotional push to urge people to get immunised against COVID-19 amid concern over declining vaccination rates. So far the jab is voluntary in the Cayman Islands, though other jurisdictions, like Turks and Caicos, have made it mandatory for work-permit holders. - Photo: Governor Martyn Roper Facebook page “It is without doubt open to the authorities to place a vaccination requirement on any person, not already resident in the Cayman Islands, as a condition of the grant of any new work permit.” - Nick Joseph, HSM partner cayman compass 7 news N news FRIDAY, 30 APRIL 2021This is a typical secondary meter used by CostWatch. NORMA CONNOLLY nconnolly@compassmedia.ky Water Authority - Cayman has ordered monitoring company CostWatch to remove transmitters that track water usage from its customers’ meters. CostWatch informed a number of its clients this week that it had been instructed by the Water Authority to uninstall the equipment which lets customers know via their phones if there is an unexpected hike in water use. In response to queries from the Cayman Compass, a Water Authority spokesperson said, “As with all utilities, all equipment, including meters, that are installed before the customer’s connection, are the property of the utility. Accordingly, only the utility’s authorised employees, agents or contractors are permitted to install, remove or work on such assets. “While all customers are encouraged to monitor their water usage, which is possible via different methods, any installation of monitoring must be downstream of the Authority’s assets and on the customer’s plumbing. The Authority is duty bound to protect all of its vested assets and cannot allow third parties to interfere or damage them regardless of their intentions.” Brian Roffey, owner of CostWatch, which has been in operation for about 10 years, said no meters had been damaged by the addition of the transmitters. He said his company intended to comply with the instructions from the Water Authority, adding that only about 20 customers were affected, as the addition of transmitters directly to the meters was in a pilot stage. “We supply a water monitoring service... to notify residents and businesses if there is a leak or anything like that going on, and allow them to track and manage their usage on their phones in real time,” he said. “In the past, we have installed a secondary meter with a transmitter on it.” Recently, however, CostWatch has been adding the transmitters to Water Authority meters, thereby negating the need, and additional cost, of installing a secondary meter, Roffey said. He said the Water Authority meters are designed to have such transmitters added to them, to allow customers to keep track of their water usage without having to physically read their own meters every day. Adding a secondary meter can cost “a few hundred dollars”, Roffey said, which can be prohibitively expensive, especially for customers on low incomes. “One of the challenges we have had is the cost of installing the secondary meter,” he said. Being able to monitor water usage directly from the Water Authority meter makes it “cost effective for almost everyone”, he added. One of the affected customers, Joanna Boxall, said she was “horrified” to hear that her CostWatch service was being discontinued, stating that it has saved her hundreds of dollars since it was installed in September 2019. Previously, her monthly water bills were varying from $350 to $1,600 a month. Since its addition, she said, she gets an alert on her phone app anytime her average hourly water usage appears to be edging up, for example, if a garden hose or a tap has been left on. She said she finds the service so invaluable that she is willing to pay the additional cost of having a secondary meter installed. “There’s no way we’re not having our water monitored. Maybe some people are willing to stick their head in a box in the ground with a torch and read their own meter and monitor it on a spreadsheet. I don’t see who has the time to do that.” Roffey said he believes his company’s services are in line with the government’s ‘Plan Cayman’, which aims to form the basis for the islands’ proposed overall development plan, including the aim of promoting “water conservation practices to help minimise impact on the environment, costs, and strain on the existing water system”. The Water Authority, on its website, advises its customers to check their own meters regularly and to identify any unusual activity that might indicate a leak or illegal interference. It also supplies a daily water usage chart that can be filled in so that customers can keep track of how much water they are using. Water Authority orders removal of water monitors cayman compass 8 FRIDAY, 30 APRIL 2021 news N news197038-Ad-Compass-fullpage-25Ann1 14/26/21 3:38:53 PM cayman compass 9 FRIDAY, 30 APRIL 2021Next >