cayman compass Your most trusted news source Established 1965 $1 | Funding local journalism | Weekly, 25 February - 3 March 2022 Breakfast is served Monday - Saturday 6:30am - 11:00am © 2022 Burger King Corporation. Sunday 6:30am - 12:00pm 10,600 work permits deferred in past 10 months Page 5 Gov’t buys $5.6M site for tourism attraction Page 14 Mother and son challenge COVID rules Page 3COVID-positive passenger jailed for 4 months A woman who boarded a plane to Cayman, despite knowing she had tested positive for COVID-19 and was displaying visible signs of the virus, has been jailed for four months for breaching Cayman’s COVID-19 entry requirements. Stephany Clarke, 28, of Jamaica, arrived in Cayman on 9 Sept., aboard Cayman Airways flight KX605 from the Norman Manley International Airport in Kingston, Jamaica. At the time, the COVID-19 Suppression and Prevention Regulations required all inbound travellers to produce a negative COVID-19 PCR result from a test taken within 72 hours of arrival in Grand Cayman. When sentencing Clarke, Magistrate Angelyn Hernandez said, “By admission of your guilty plea, you accept that you… showing symptoms of COVID-19, willingly boarded a flight and travelled across international jurisdictions despite knowing you were positive for COVID-19.” Clarke’s attorney said, “This was a case of naiveté. Ms Clarke’s instructions have always been that she knows she should have read the email, but she didn’t, and instead she showed the email to officials.” “While the true level of risk from your actions is hard to quantify, it is clear that you did put the passengers and crew aboard the flight at risk of contracting COVID-19,” Hernandez said. “This was a deliberate act with clear intention to deceive... and is the worst case so far.” Hernandez began with a sentence of six months. She noted that, despite the aggravating factors such as the deceit, there was nothing to prompt an uplift in the sentence. She then reduced the sentence by one-third, as credit for Clarke’s early guilty plea. “The sentence of this court is one of four months in prison,” said Hernandez. No financial penalty was imposed. Cabinet turns down Little Cayman overwater resort Cabinet has turned down an application to build overwater bungalows in a protected marine area of Little Cayman. The application, from Peppercorn Investments Ltd., went before Cabinet on 15 Feb., according to a brief summary of the meeting minutes, released publicly on 23 Feb. Peppercorn, owned by William Maines, Matthew Wight and Naul Bodden, had applied to develop a $34 million resort that would include building a 450-foot- long dock – to replace the existing 125-foot-long dock – along which would be built 19 one-bedroom bungalows. The Department of Environment had recommended that Cabinet reject the application, “based on the principle of prohibiting construction and establishment of habitable structures in a Marine Protected Area”. The proposed resort at Kingston Bight also includes an on-land element, with eight two-storey and single-storey accommodations, a swimming pool, spa and gym, and a restaurant and bar, which was approved by the Development Control Board, following a meeting in January. Prosecutors mull action a year after ex-cop’s death The Office of the Director of Public Prosecutions is looking to determine whether there is any criminal liability over the death of former UK police officer Nicholas John Keane, one year ago. Keane, 63, fell to his death from the second-storey balcony at a George Town storage facility on 24 Feb. 2021. He had been a long-term visitor to the Cayman Islands and had arrived here in December 2020. Candia James-Malcolm, acting director of public prosecutions, in response to queries from the Cayman Compass, confirmed that a police file had been submitted to the office of the DPP in January. “[It] is being reviewed by senior counsel to determine whether any criminal liability arises,” she said via email. The Compass, prior to James-Malcolm’s statement, had reached out to the RCIPS for an update on the Keane investigation and was notified that a file had been prepared. Former CINICO boss assault sentencing delayed The sentencing of former CINICO CEO Lonny Tibbetts has been delayed due to a disagreement on the terms of a plea deal. Tibbetts was charged with, and originally due to stand trial for, one count of assault occasioning actual bodily harm. However, on 22 Nov. 2021, the day of the trial, he entered a last-minute guilty plea to a lesser charge of common assault. The charge stemmed from an incident outside Al La Kebab at Marquee Plaza on West Bay Road, in April 2019, during which Tibbetts is said to have assaulted a woman by throwing food in her face. When explaining her client’s position, Amelia Fosuhene told the court that, despite the guilty plea, Tibbetts did not accept the facts as laid out by the prosecution, and said there were other legal reasons that would require the courts to question how the prosecution arrived at its decision. To do so, a Newton hearing has been set for 17 March. This hearing occurs when a defendant pleads guilty to an offence, but the prosecution and the defence cannot agree on the facts, so a judge listens to both parties and determines the facts on which any sentencing will be based. During these hearings, both sides are allowed to call witnesses. Tibbetts’ bail was continued. First cigars with Cayman tobacco produced Cigar aficionados have been getting their first taste of cigars containing tobacco grown at a farm in North Side and hand-rolled in Bodden Town. The cigars by the Cayman Cigar Company contain a blend that includes tobacco grown at Beacon Farms, a non-profit agricultural enterprise which helps recovering addicts turn their lives around. “This cigar is so new, it doesn’t even have a name yet, and the response to it has exceeded all our expectations,” said Scott Haugh, co-founder of the non-profit Cayman Cigar Company. “We are testing and tasting additional blends using this tobacco, and while it is not yet available, we hope to introduce our new cigar to the public very soon.” But some cigar enthusiasts did get to sample the new product earlier this month, when Haugh hosted a cigar dinner at Abacus restaurant on 9 Feb. “We are immensely proud of the Beacon Farms team who worked so hard to produce such a high- quality tobacco leaf,” Haugh said. FIND US ONLINE Caymancompass.com Facebook.com/Caycompass cayman_compass@cayCompassCayman Compass 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 NEWS EDITOR CAROLINE JAMES BUSINESS EDITOR MICHAEL KLEIN ISSUES EDITOR JAMES WHITTAKER LIVING EDITOR VICKI WHEATON HEAD OF SALES CHERYL BIRCH-GILLIES weather Friday Forecast FORECAST Partly cloudy skies with a 20% chance of evening showers. SEA STATE Slight with a wave height of 1 to 3 feet. WINDS Northeast at 5 to 10 knots. 83°F HIGH 71°F LOW Cinema Matinees (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. 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Lawyers acting for Tyler Anglin and his mother Dione Anglin, of Prospect, filed a petition in the Grand Court this week, claiming that the boy was required to isolate long after he was likely to be contagious, in breach of multiple human rights. The basis of their case is that requiring a PCR test as a condition of release is a flawed policy, because it detects the presence of the virus for as long as 90 days after infection and is not considered a reliable indication of whether someone is infectious. They are asking that the policy be quashed. The case – the first of its kind in Cayman – could have implications for thousands of other residents kept in mandatory isolation for extended periods. While government does have the power to breach individual rights in a pandemic, it is legally required to show its actions are rational and proportionate to the threat. Anglin told the Cayman Compass on 23 Feb. that she had brought legal proceedings after seeing the mental and emotional toll the experience had on her son. She said she was also concerned about the impact of repeated PCR tests on his physical wellbeing and had reached out to the Health Services Authority, without success, before taking court action. Though he has been released from isolation through a consent order since the petition was filed, she is pushing ahead with the legal challenge in the hope that it can help other families in the same situation. Missed milestones She said her son had missed nearly a month of school, including the annual sports day and multiple exams, and had spent his birthday effectively under house arrest, despite having had two negative LFTs at that point. “I am concerned about the educational aspect as well, but the hardest part has been watching him break down emotionally. Some days he would just go into a corner and cry,” she said. She added that her son loves football and is a “social bug” who enjoys spending time with his family and friends. It was challenging and confusing for him to be stuck at home, alone, for so long or playing by himself in the family yard. After repeated tests, she said he had met the HSA’s threshold to be considered for release, but was told he must stay in isolation. “Each test was a complete letdown for him and he felt very depressed and hopeless,” she added. “I never thought I would see him cry because he couldn’t go to school.” Tyler was finally let out of isolation on 21 Feb., after lawyers from KSG Attorneys, acting for the family, filed for an injunction. Before the hearing, health officials agreed to release him, though no admission has been made at this point that his rights have been breached, according to Rupert Wheeler of KSG. Test case Tyler’s mother, who works in the financial services industry, said she was determined to persist with the case, both to avoid a repeat occurrence if he or his family catches the virus again and to challenge rules that she finds illogical and disproportionate. She acknowledged there were divided opinions in the community over COVID regulations, but believes the issue of PCR exit testing for isolation is one that impacts everybody. “From my perspective, the policy doesn’t make any sense. The PCR test can remain positive for 90 days and in some cases, longer, which will have you potentially stuck in isolation for months at a time. It does not determine whether a person is infectious.” She added, “It has impacted my child and I think it would benefit everybody to bring attention to it. It doesn’t matter what side of the fence you fall on, this affects everyone.” ‘Unlawful and irrational’ Thousands of people have been forced into mandatory isolation in Cayman since the outbreak of community transmission in the islands last September. Many of those people have been kept behind closed doors for more than two weeks because they were unable to get a PCR test result that was within Public Health’s threshold for release. The petition, filed in the Grand Court against the attorney general and the Health Services Authority, challenges that requirement. The court filing alleges that government’s current policy on PCR exit testing is unlawful and irrational and has resulted in the breach of Tyler’s human rights, including his personal liberty, right to an education and to freedom of movement. Five PCR tests before release The background to the case outlined in the court documents indicates that Tyler first showed symptoms of the virus on 26 Jan. and produced a positive result on a lateral flow test on the same day. He was already asymptomatic by the time his diagnosis was confirmed through a PCR test on 28 Jan., the petition claims. He became eligible for his first exit PCR test on 2 Feb., which came back positive. A second test, three days later, was also positive but within the cycle threshold range of 28-32, making him eligible for release pending guidance from health officials, per the HSA policy. When his mother called the Flu Hotline, Tyler was not released, the petition indicates. Instead, he was asked to take another PCR test, which, again, came back positive, this time with a slightly lower CT threshold, indicating a higher viral load. As a consequence, he was instructed to remain in isolation and required to take a fifth PCR test, before he would again be considered for release. ‘Risk does not justify continued detention’ Lawyers argue that the decisions, and the policy on which they are based, are irrational and unlawful. Citing evidence that suggests the majority of individuals who contract COVID-19 pose no more than a minor risk of transmitting the virus after seven days, the writ indicates that it was not justifiable to ask the child to continue isolating after 2 Feb. “The risk that he posed to others in the community, if any, did not justify his continued detention and the consequential contravention of his human rights,” it states. The court filing goes on to argue that PCR tests regularly return positive results for people who are non-contagious or have recovered from the virus, sometimes for as long as 100 days after the onset of symptoms. It was not justified, the petition alleges, for health officials to continue to require PCR tests as a condition of release because the results would likely be “meaningless”. The lawyers argue that insufficient weight has been placed on the fact that COVID-19 is “present and prevalent” in the community and one in 20 people had the virus at the time the petition was filed. It was disproportionate, against that backdrop, to keep Tyler in isolation for so long, they suggest. The level of vaccination in Cayman and the amount of people who have already had the virus should also have been considered, the court documents indicate. Aim to quash policy Tyler, through his mother, is asking the court to quash the decisions requiring him to isolate beyond the seven-day mark, the requirements for him to take repeated PCR tests and the policy that those decisions were based on. The exit PCR test as a condition of release from isolation is unlawful, lawyers claim. Rupert Wheeler of KSG Attorneys. COVID rules challenged by mum and son “I am concerned about the educational aspect as well, but the hardest part has been watching him break down emotionally. Some days he would just go into a corner and cry.” Dione Anglin The number of PCR tests 8-year-old Tyler Anglin was required to take before being released from isolation PLEASE TURN TO PAGE 6» cayman compass 3 news N news FRIDAY, 25 FEBRUARY 20221234567 89 101112 13 1415 16 171819 20 212223 2425 1234567 89 101112 13 1415 16 171819 20 212223 2425 ACROSS 1 Make a tidy profit (5,2) 5 Waste matter (5) 8 The genuine article (4,5) 9 Fast-running flightless bird (3) 10 Affectedly playful (4) 12 A glancing rebound (8) 14 A brawl (6) 15 Leopard-like feline (6) 17 Rocky body in space (8) 18 Be informed (4) 21 An adhesive (3) 22 Sleep (4,2,3) 24 Having spicy flavour (5) 25 Country, formerly Basutoland (7) DOWN 1 The papal court (5) 2 Distinct period of history (3) 3 Designate (4) 4 Alfresco meal (6) 5 Mundane (3-2-3) 6 Hospitality to all comers (4,5) 7 A speech disorder (7) 11 Skilled worker (9) 13 Justice (4,4) 14 Filled (7) 16 Noteworthy (6) 19 Show of cowboy skills (5) 20 Throw up in the air (4) 23 After all deductions (3) The Compass Crossword Puzzle The Compass universal kakuro Puzzle 16937 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 16937 ACROSS: 1 Clean up, 5 Dross, 8 Real McCoy, 9 Emu, 10 Arch, 12 Ricochet, 14 Fracas, 15 Jaguar, 17 Asteroid, 18 Hear, 21 Gum, 22 Land of Nod, 24 Tangy, 25 Lesotho. DOWN: 1 Curia, 2 Era, 3 Name, 4 Picnic, 5 Day-to-day, 6 Open house, 7 Stutter, 11 Craftsman, 13 Fair play, 14 Fraught, 16 Signal, 19 Rodeo, 20 Toss, 23 Net. Whether a lifelong resident, part-time homeowner or visitor, the Cayman Islands have always provided a welcoming, community-like atmosphere offering an opportunity to retreat from the many crises, woes and divisions that plague our world today. Building upon this mindset will no doubt support reestablishing a robust return to tourism. How disheartening, then, to see a ‘Let’s go Brandon’ sign displayed at Rum Point Residences. This phrase is a well-known code for vulgar language demeaning US President Joe Biden. Such reference to offensive language and divisive politics has no place on our Island. The locale’s website takes understandable pride in efforts they make seeking to bring a positive impact on the community, citing its founding of Property Cayman Cares 2021. Claiming that their ‘collaborative efforts’ make a difference, one has to wonder: How does publicly displaying such an inappropriate and crass sentiment help build the type of community they claim to seek? Mary Taylor What a serious mess! They been picking up land all over the place. The only thing I can say is I hope it’s Caymanians they are paying top dollar to! Where is the investment in education for our people? Putting tourists first was not why we elected you! – Lilly Jane As traffic woes mount, NRA plans for environmental study of highway extension Limit cars, and limit people. It’s not rocket science. – Jan Taylor If they don’t twin the lanes in the section between Hirst Road and the roundabout by the school, this will be a nightmare for us in Newlands. – Darren Morris The morning traffic going to town is the one you need to focus on. – Ingrid Rivers Or we could have efficient public transportation. – David Blumenthal There is no point unless there are plans for an overpass over the Hurley’s roundabout. – Anna Rose Washburn This is really stupid. We lost the bid to design the road to Bodden Town nearly a decade ago. Strange how the last government, just months before the election, employed a private corporation to extend this bypass groundworks and no mention of study? If you are going to design a road system, then design for the majority of your citizens to view the plans, then decide. – Sam Small The traffic problem ain’t go- ing away no time soon. – Channing Williams Or we could instead build a multi-lane bridge on stilts across the North Sound with a protected bike/walking lane! Planning for the future for a change might be nice instead of having to either purchase or use persons’ lands that they can’t afford to give up to add a lane. – Rob Smith Positive COVID-19 passenger jailed for four months in ‘worst case so far’ She should have been de- ported, not locked up in prison here for us to feed her. – Orlene Ebanks Good, give her a fine of $10,000 for room and board. – John Diomede Hang on. hang on. We had to show negative tests to just about everyone before boarding a plane. How the heck did she get past this? – Amber Ford What’s the consequences for the Cayman Airways people that let her get on the plane? – Andreas Kettner Your jails are gonna be full when the cruise ships come in, if you check. – Don Lamoureux What was she thinking? – Yvonne Dyer-Foster Surviving on a stipend: Cayman’s cost-of-living concerns ‘unmanageable’ There are so many employers desperate for workers in restaurants and hotels, it is hard to understand how there is anyone still on the stipend. Yes, they may have to learn new skills or do something different, but there are jobs, especially for someone who has hotel experience. Prices are going up all over the world and people who had one job may need a second to supplement their income, but this is the way things always have been. – Regina Ecclefield They will need to learn to cook meals that will stretch, especially if they are feeding children. Government needs to look to put some sort of price control on the family basket. – Della J. Watler-Marte This is ridiculous, when a lot of people are still on a $6-an-hour wage. The minimum wage [should] be at least $10 an hour [which is] still small for the cost of living in Cayman. And yet we still make the business owners richer. Think about the poor people, not only your own pockets. – Magali Tibbetts Repeal import duty on fresh fruits and vegetables; make it possible for persons to keep a healthy diet. – Berel Pewzner Cost of living has been expensive there for years! The supermarkets are insane. All import tax. Maybe it’s time for the government to tax the rich (I’m sure a 400-year-old royal decree can be changed) and decrease the tax on consumer products. There are literally billions earned there yearly without a cent going to the government to help the poor. – Rebecca De Stanleigh No place here for divisive language What they’re saying Online Letters to the editor Government pays $5.6M for waterfront land for multi-purpose tourism attraction Best money spent by Cay- man Islands government in decades! – Eddie Thompson It’s brilliant that gov- ernment has purchased this land. I hope that the government will purchase as much waterfront prop- erty as possible so that it can’t be developed by commercial entities. I wish that they had purchased Pageant Beach, as that was a national treasure that is forever lost. – Kim Garrahan Pisano Government is always quick to invest for foreign interests rather than its own people. Education before tourism. Better education leads to more opportunities and entrepreneurs. Teach Caymanians how to be busi- ness owners rather than how to serve tourists. – Erik Leacock Retains more of the money from visiting cruise ships and stayovers on the island rather than enriching large corpora- tions interested primarily in harvesting money to make even more somewhere else. The waterfront in some places could use a little more invest- ment, and it’s good for the community to enjoy. Increased friction between passing vehicles and the local activity is the primary potential downside, and can be managed by encouraging more bypass road usage rather than the coastal route, just like many busy places around the world that are popular with tourists. – Seth Zirin It’s a wonderful spot to re- locate the fishermen and also a wonderful place for snorkel- ling or shore diving. – Jack Mclean Imagine if our government acquired some of the precious little George Town waterfront land we have left and simply ‘preserved it’. – Lauren Moore cayman compass 4 news N news FRIDAY, 25 FEBRUARY 2022RESHMA RAGOONATH rragoonath@compassmedia.ky Just over a third of work-permit applications have been either deferred or refused since April 2021, with the majority being placed on hold as Workforce Opportunities and Residency Cayman seeks to place Caymanians in employment. According to statistics shared with the Cayman Compass, since April, when the PACT government took office, WORC has deferred 10,600 of the 39,705 applications for work permits and renewals it has received, and refused 2,687. Of the deferred applications, 1,173 remained outstanding as of 22 Feb. In January and February this year, 26.7% of all applications for work permits and renewals were refused or deferred. Border Control and Labour Ministry Chief Officer Wesley Howell says this trend will continue as the PACT government moves ahead with its ‘Caymanian first’ employment push. “The government understands that businesses need resources to be successful, but they also keenly understand that that can’t come at the expense of having unemployed Caymanians, who are willing and able and qualified to work, not being given opportunities to work,” Howell said when he appeared on the 23 Feb. episode of the Cayman Compass Facebook talk show ‘The Resh Hour’. Howell said, despite the additional scrutiny of the applications, there is a still a high number of approvals, at 26,418. From 1 Jan. to 22 Feb. this year, he said, 66% of the 8,386 work permit applications that came before work permit boards were approved. He called on employers to exercise fairness when hiring. “Ensure that you’re giving the Caymanians an opportunity to apply for jobs and if they match... give them the opportunity to work. It is so frustrating for the boards to have an application for folks and know that there are Caymanians looking for work that aren’t given the opportunity. So they’ve been turning down the work permits and that’s part of the issue,” Howell said. Scrutinising permits Howell said the keen review of applications will continue as Deputy Premier Chris Saunders and the WORC boards are “fired up” to ensure Caymanians are being given the chance to get jobs. He said resources were being applied to examine and process applications, but no rubber- stamping was taking place. He said instances where employers were not making efforts to hire locally and to train Caymanians was causing “disharmony”, adding, “That’s not healthy for our long-term society.” The refusal rate for work permits from 1 Jan. to 22 Feb was 6.6%, Howell said, as WORC boards closely scrutinise applications to see if a suitable Caymanian could be filling the position. “The administrators and the boards have access to see the calibre of individuals that applied, all their qualifications that they’ve entered in the system, and then they can compare that with the notes coming from whoever interviewed them, if they interviewed them. In some cases, they didn’t even bother to interview Caymanians,” he said, explaining that in those circumstances the application will be refused, with the employer told to give the Caymanian applicant an opportunity to take up the job. He pointed out that action is already under way as “test cases” when it comes to challenging applications and WORC’s ability to advocate for Caymanians. Jobs vacancies are being listed on the government’s employment portal. As of 24 Feb., Howell said, 900 jobs had been posted, and he encouraged Caymanians to look at the vacancies and apply where applicable. He said Saunders is “quite keen” to increase compliance- enforcement officers across the ministry, not just in WORC and Customs and Border Control, but in Labour and Pensions as well, and the funding is in the budget to make that happen. Howell noted that presenting false information to WORC is a prosecutable offence. “The applications, the signatures are essentially an affidavit saying I certified that this is true and accurate,” adding if it isn’t accurate, then they can take punitive action “for what appears to be a deliberate marginalisation of people that applied by ruling them out”. Howell said the extra steps in reviewing permits can work in favour of businesses, saying WORC has invested in compiling labour market information to guide policy and training. Law changes being contemplated Howell said the deputy premier is looking at changes to strengthen legislation to address underemployment and lack of advancement in certain industries, and rewarding employers who are creating opportunities for Caymanians. “The boards are looking at that quite seriously in relation to those opportunities and essentially what are glass ceilings within certain industries... The deputy premier is quite keen again on introducing an employer accreditation,” so those employers who have a history of providing scholarships to and promoting Caymanians “will get an easier time with their work permits. So those may be done administratively as opposed to going to the board,” he said. However, employers who marginalise Caymanians “are going to get more [carefully] scrutinised”, he said. “If it takes amending legislation to give more teeth the deputy premier is quite ready to lead that charge,” Howell added. This is not the only area that is undergoing intense scrutiny under WORC; permanent residency and Caymanian status applications are also being closely assessed. Since April last year, WORC has refused 206 PR applications and deferred another 206, while approving 811 out of 1,240 applications. In addition, WORC granted 1,485 status applications, deferred 217, and refused 84. 10,600 work permits deferred over last 10 months WORK PERMIT STATISTICS FROM 1 APRIL 2021 to 22 FEB. 2022 AprMayJunJulAugSeptOctNovDecJanFebTotal Approved1,8472,1922,7342,7012,3302,3062,6632,2642,2452,7182,41826,418 Deferred8881,0671,2219539838099768138071,103 98010,600 Refused1721411922012763463362722552492472,687 Total Work Permit Applications 39,705 “The government understands that businesses need resources to be successful, but... that can’t come at the expense of having unemployed Caymanians." Wesley Howell, chief officer, Border Control and Labour Ministry cayman compass 5 news N news FRIDAY, 25 FEBRUARY 2022The policy, reproduced in the court fi ling, stems from a section of the Public Health Act which gives the medical offi cer of health power to order home isolation for anyone suspected of suffering from a “notifi able disease” – a category that includes COVID-19. Public health guidelines indicate that the policy for release is based on the ‘CT values’ indicated in a PCR exit test. CT or ‘cycle threshold’ in a PCR test refl ects the amount of times a sample had to be multiplied before COVID could be detected. A CT value in the low, single digits represents an extremely high viral load, whereas a higher CT value refl ects a low viral load. The petition argues that the entire policy is fl awed because it misuses PCR test results as a guide to how contagious an individual is and it ignores medical evidence that people with COVID-19 are generally very unlikely to be contagious for more than a week when asymptomatic. As a result, the court fi ling argues, ongoing quarantine after that period is not justifi ed. Wider signifi cance Wheeler, who is leading the case for KSG, said it had wide implications for anyone who has been isolated for a signifi cant period of time in Cayman on the basis of the PCR exit testing policy. The court is being asked to declare that policy unlawful and he acknowledged this could open the fl oodgates for further challenges and claims for damages from individuals who had been detained under the same guidelines. The case is the culmination of widespread public tension over isolation requirements after a months- long COVID outbreak that has seen as many as 10,000 people impacted by the policy at one point or another. Wheeler said it was the fi rst legal challenge to the COVID mandatory isolation policy in the Cayman Islands, which differs from many similar jurisdictions by requiring a PCR test as a condition of release. He said this may have resulted in many individuals being detained for substantially longer than necessary. Though public health offi cials can restrict people’s rights in the case of a pandemic, he said government was required to show that these restrictions were reasonable, rational and proportionate to the threat. “The fundamental point here is that when you look at other countries’ guidance – the US, the UK, Australia, New Zealand, Canada – the general advice is that, certainly after 10 days of isolation, there is so little risk that it can’t be justified to keep you out of the general population when you have no symptoms.” He said it would be up to government, in its defence, to attempt to justify why the situation in Cayman was different enough to justify a policy that is so much stricter than its peers, despite the presence of signifi cant community transmission on island. RESHMA RAGOONATH rragoonath@compassmedia.ky Having experienced the stress of gridlock from the eastern districts for years, Cayman Ferries Ltd. owners Daniel Petts and Claire Pettinati decided it was time to do something about it and are launching a ferry service between Newlands and Camana Bay. The service is set to start on 14 March. One day after announcing the new route on social media, Pettinati said the response has been “amazing”. Cayman Ferries already runs a service between Kaibo and Camana Bay at weekends, but the new route, she said, can make a difference with traffi c. “Our mission is to get cars off the road,” she said. “Newlands is optimally located to divert cars away from the congested routes; a pick-up location any further into town would have passengers sitting in traffi c to get to the ferry. Newlands has a large public dock with plenty of parking, and a clear road to get there.” She said the new service will not change the leisure trips to Kaibo on weekends. “Currently one boat will start with one commuter trip in the morning to Camana Bay and one trip in the evening to return to Newlands. This will quickly increase to two trips, perhaps even three. As the demand grows, the organisation grows, and so will the number of boats. The vision is to create a network of ferries ultimately creating a more connected island,” Pettinati added. She said lots of conversations are already happening behind the scenes about how to “elevate” the transportation system to and from Camana Bay. “In the private sector, companies may lay on a bus to transport their employees to their place of work; there are also other transport options, such as ZÜN cars, Cycle Cayman and Bird Scooters. We are also encouraging public buses to coordinate with the ferry schedule,” she said. Commuting woes Pettinati told the Compass that, as she has lived in North Side for the past 18 years, she personally has experienced the rush-hour gridlock that happens each work day, and she believes commuting by sea is the way to go. “On some days, we would leave home at 6am in order to get the kids to school on time. For many years, I took the kids to school on our own boat, which solved the problem for our family. Now we hope to offer a solution for many more families, commuters and travellers,” she said. Back in 2020, during the lockdown due to COVID, she and Petts purchased the 35-foot Gnautic GKat 3500 catamaran from Captain Marvin’s Water Sports and had it overhauled and rebranded with a new logo and information about their Cayman Ferries app. “The vision of a more connected island came about during COVID lockdown,” she said, pointing out that she wrote about her plan as part of the Cayman Compass series on ‘My Cayman 2.0’ in 2020. In that column, Pettinati wrote that the Cayman Islands needs to develop “sustainable forms of transport connected by the simplicity and innovation of an app”. “Cayman’s population is rapidly growing,” she wrote. “Gridlock has become a national issue. A sustainable transport solution is urgently needed.” She said Cayman Ferries looked at Grand Cayman and saw many needs. “Commuters want to avoid stress and time loss. Gridlock traffi c between Savannah and George Town at peak hours is a national problem that is not being resolved,” she said, adding that public buses are limited in fl eet size and the number of passengers they can carry. “Their schedule is sometimes unreliable,” she said. “There is no other ride- share system available in Cayman... Passengers who seek solutions to take their cars off the road cannot fi nd affordable taxi cabs, and the ferry is by contrast, much better value.” It was this thinking that prompted them to ask what would happen “if we took cars off Cayman’s gridlocked roads with a network of ferries? And what if the whole island was on board with the concept?” Cayman Ferries, she said, “is an audacious experiment in transportation for the future, where we’re continuing to build incredible relationships with sustainably-minded people and ultimately creating a more connected island”. It is a not-for-profi t organisation with “a social mission that operates independently from the government”, Pettinati added. As Cayman Ferries moves forward with its planned service, she said, it is seeking private- sector sponsors. “Whilst it operates without oversight or representation from the government, it aims to solve some of the government transport system issues, and also assists the employment sector by hiring Caymanian boat captains,” she said. The ferry will carry commuters from Newlands to Camana Bay, and also travel to and from Kaibo at weekends. Claire Pettinati, co-owner of Cayman Ferries Ltd. COVID rules challenged by mum and son CONTINUED FROM PAGE 3 Newlands ferry service to combat gridlock cayman compass 6 news N news FRIDAY, 25 FEBRUARY 2022JAMES WHITTAKER jwhittaker@compassmedia.ky Health City chief business officer Shomari Scott was anointed as Cayman’s new Chamber of Commerce president Monday, and immediately vowed to help small businesses recover from the devastation of the pandemic. Scott, a former Cayman Islands director of tourism, said the industry had begun to turn the corner following the lifting of many of the COVID control regulations. But he warned there was more to be done before the businesses and workers that depend on tourism can breathe easy. “We realise it will take much more sweat on the brow and time for businesses in the tourism sector to return to pre-pandemic levels,” he said. “Filling hundreds of tourism positions, restarting small businesses that serve the industry and promoting the destination places considerable pressure on the industry and government agencies alike.” Scott, a former winner of the Young Caymanian Leadership Award, formally took over the role of president at the Chamber’s annual general meeting at the Westin resort. Hundreds of business leaders from across Cayman gathered at the hotel as Mike Gibbs passed on the torch to his successor. Nelson Dilbert, owner of the Cayman Spirits Company, now becomes ‘president elect’. Scott said the Chamber council had developed a good relationship with the new government during Gibbs’s tenure and hoped to continue that dialogue to help restore the economy. Citing labour reform, workforce development and increased inward investment as key goals, he said it was vital that the private and public sector formed a “trusting partnership”. ‘Chamber of the people’ Scott said he would work to alter any misconceptions that the Chamber is an elitist organisation, pointing out that 75% of its members have fewer than 10 employees. “We are a true association of small business entrepreneurs. This year, we will ensure everyone recognises who we truly represent. We are Chamber of the people and the component parts of the engine that drives the economy,” he said. “Small businesses have been impacted the most during the pandemic and we must do everything we can to assist them to recover and succeed,” he added. Scott said the Chamber would also look to support entrepreneurship in schools and continue to provide training opportunities and support to developing businesses. Governor highlights ‘special relationship’ Governor Martyn Roper, who gave the keynote address at the AGM, praised business leaders for their role in a joint community effort to battle the pandemic. “We have had one of the best responses in the world and all of you here today can be proud of the roles you have played,” he said. Roper added that the COVID response had highlighted the special relationship between Cayman and the United Kingdom, which he hopes will endure and strengthen during his final year in the post. He said the provision of thousands of free vaccines had helped demonstrate the value of the link “better than anything in recent memory”. “The vaccines have undoubtedly saved hundreds of precious lives in Cayman,” he said, “and I am pleased to now offer them to all 5-11 year olds whose parents want them to have it.” Climate and security The governor highlighted the UK Foreign Office’s Conflict Stability and Security Fund as an ongoing source of investment for Cayman in key areas including border security, climate change and pandemic management. So far, around $5 million worth of projects – including an ongoing climate risk assessment – have been sanctioned from that fund. The governor also highlighted technical aid provided to Cayman in improving child safeguarding in the territory, adding that there is still “much to do” to break cultural barriers and taboos in that area. He highlighted sustainable transport, road safety and developments in the civil service as continuing issues to address over the next year. He added. “I remain very optimistic and confident about the future as we bounce back from this pandemic.” New Chamber leadership team Dart Enterprises chief of staff Joanne Lawson was nominated as a new vice president of the Chamber, while Colin Robinson, director of Strategic Risk Solutions, stays on as treasurer. Dave Johnston of Corporate Electric will be the Chamber’s secretary, while Steve Bramwell, of Artech, Kendra Foster of Ocorian Law and Heather Halsey of Cayman HR were elected as new councillors. New Chamber boss targets business recovery EXECUTIVE COMMITTEE PRESIDENT – Shomari Scott, Health City Cayman Islands PRESIDENT-ELECT – Nelson Dilbert, Cayman Spirits Company VICE PRESIDENT – Joanne Lawson, Dart Enterprises SECRETARY – David Johnston, Corporate Electric TREASURER – Colin Robinson, Director, Strategic Risk Solutions CHIEF EXECUTIVE OFFICER – Wil Pineau, CCE “We realise it will take much more sweat on the brow and time for businesses in the tourism sector to return to pre- pandemic levels.” Shomari Scott, president, Chamber of Commerce Governor Martyn Roper pulls off his mask to deliver the keynote speech. Shomari Scott presents a gift to his predecessor Mike Gibbs. New Chamber of Commerce president Shomari Scott delivers his first speech as president at the organisation's AGM on Monday, 21 Feb. COUNCILLORS Omari Corbin – RBC Royal Bank (Cayman) Limited Richard Harrison – Greentech Solar Limited Marc Langevin – The Ritz-Carlton, Grand Cayman Kendra Foster - Ocorian Law Steve Bramwell - Artech Heather Halsey - Cayman HR IMMEDIATE PAST PRESIDENT Mike Gibbs - Kensington Management Group CHAMBER LEADERSHIP cayman compass 7 news N news FRIDAY, 25 FEBRUARY 2022JAMES WHITTAKER jwhittaker@compassmedia.ky Early data from a new COVID immunity test appears to confirm the waning impact of vaccines over time. One in seven of the first 84 people to receive the test had antibodies below the level projected to provide robust immunity against the virus, or were close to falling below that threshold, according to results from Integra Healthcare. Those individuals, all of whom had been vaccinated, would likely need a booster shot within the next month to maintain protection against catching COVID, the data suggests. The Attomarker Covid-19 Antibody Immunity Test gives a real-time analysis of immunity levels and compiles a personal risk profile for the virus, indicating when the patient is expected to fall below the threshold to fight off COVID. It was introduced in Cayman by Integra earlier this month. Dr. Francisco Martinez, the clinic’s medical director, said the results emphasise the likely need for booster shots for much of the population. He added, “With a 29% booster rate in Cayman, after a very strong first vaccination programme, we would expect to see immunity towards COVID-19 waning or declining by now and that is reflected in this early data.” “The very first patients I saw, a husband and wife, found that, despite being vaccinated at fairly similar times, one had robust antibody levels whilst the other had almost no antibodies remaining,” said Martinez. “That individual had reasons to ensure continuing protection and decided to get a booster as swiftly as possible. I have advised a number of patients this last week in similar circumstances.” One of the touted advantages of individual immunity testing is that it provides more precise information on if and when to get the booster shot. Younger people and those who have had COVID – which acts as a natural booster – may not need to get their third shot as quickly. Given the waning immunity protection provided by vaccines over time, Martinez said the test enabled patients to make informed decisions and time their jabs to maximise their immunity window. “I am delighted that knowing your own immunity status seems to be encouraging people to choose getting a booster,” he added. For others, the test has persuaded them to wait. “I have also seen very high antibody levels, even in individuals who were vaccinated some months ago,” he said. “The good news in this is that these individuals can be reassured they have robust immunity levels, and this helps avoid over- stimulating the immune system or re-stimulating too early, which we know can have some consequences in certain people.” Integra cautions that the results are from a relatively small data sample in the first week of testing. Director Andrew Vincent said the clinic had sought consent from all patients to report anonymised, aggregated results in the hope that it would provide useful data for Cayman’s medical community and public health leaders. “It was our first week and we had no idea what kind of reaction we would get. Interest was very high. We tested 84 individuals, with some very interesting results emerging,” he said. “It’s very early days yet but that data will likely prove invaluable, both to understand where we are as a country but also to support increasing our booster rate. It’s already having a positive effect in that.” Of the 84 people tested, seven were already below the recommended level of 3.4mg of antibodies per litre of blood – considered the ‘immunity threshold’. A further five were predicted to reach that immunity threshold within 30 days of their test date. That translates to 15% of the cohort that had limited or no immunity. The test looks at antibody levels against the original COVID-19 variant and the newer Omicron variant, providing data on these separately. The Cayman Islands has a high “double” vaccination rate, 57,627 or 81% having received two doses but a low booster rate of 20,969 or 29%. Officials have set an initial target of getting 60% of the population boosted and a longer term goal of 80%. Some countries are now using immunity testing as a means to guide decisions on a fourth vaccine dose. Malta, for example, has announced plans to use the test in elderly and vulnerable populations to help inform policies on future boosters and national restrictions. Martinez said it was early days for immunity testing in Cayman. “As we test more, we will develop a better picture,” he said. “This data is not yet enough. We need to know more about these individuals with waning immunity. “Are they elderly or vulnerable, or are they in lower risk groups? If we can identify them, we can encourage them to get boosted for their protection.” He said more research was also needed on the level of ‘natural immunity’ boost provided by contracting COVID, as opposed to getting a vaccine shot. “The results are showing that immunity levels brought by the virus itself seem to be very low, but we have just a few patients at this point. I am worried that some are using that as a reason not to vaccinate or boost. It is, in fact, even more of a reason to find out your actual antibody immunity.” Dr. Francisco Martinez, medical director of Integra Healthcare, says antibody test helps people make informed decisions about when to get a booster shot. Data shows waning impact of vaccines Early results from immunity testing from Integra Healthcare emphasise the need for boosters. - Photo: Alvaro Serey The chart shows how close the people tested were to falling below the threshold for immunity to COVID-19 Based on a sample of 84 COVID-19 immunity levels Below Threshold 8.3% 6% 17.8% 47.6% 20.2% Within one month 1-3 months 3-6 months 6+ months cayman compass news N news FRIDAY, 25 FEBRUARY 2022 8PHARMACY DELIVERY SERVICE Now available for prescription refills from Health City’s Camana Bay Clinic. DELIVERY COST FREE for all bills over $100 $5 FLAT FEE for bills under $100 AVAILABILITY Monday to Friday 9AM - 5PM Saturday 9AM - 1PM HOW IT WORKS to schedule a delivery SCAN HERE 1 (345) 640-4040 | info@healthcity.ky | www.healthcity.ky cayman compass 9 FRIDAY, 25 FEBRUARY 2022Next >