cayman compass Your most trusted news source Established 1965 $1 | Funding local journalism | Friday, 5-11 August 2022 New high for inflation Page 12 Demand rises for housing repair help Page 14 Rotting sargassum halts clean-up trial Page 18 Wish you were here? Cayman's population has increased 1000% since these postcards were issued. Can we slow down without risking economic success? Page 22 Fr om the Iv an Bur ges c ollection EASTERN AVENUE TM & © 2021 Popeyes Louisiana Kitchen, Inc. Hello Family. Meals. 8PC 12PC 16PC 1 Lg Side 4 Biscuits 2 Lg Side 6 Biscuits 3 Lg Side 8 Biscuits $350 2L pepsi or pepsi product news in brief 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 showers. SEA STATE Slight to moderate with a wave height of 2 to 4 feet. WINDS East to southeast at 10 to 15 knots. 87°F HIGH 77°F LOW DoE investigates corals damaged at Eden Rock The Department of Environment is investigating the cause of damaged corals at the Eden Rock dive site; however, it appears the culprits may escape unpunished. “The event in question is under investigation but, unfortunately, in this incident, no one spotted the boat at the time, so we have no witnesses and no one to prosecute,” Senior Research Officer Croy McCoy said in a DoE social media post about the incident. The DoE said its Marine Unit responded to “an incident of extensive coral damage” at the dive site in George Town, which was reported by a member of the public. “Upon investigation, several chunks of coral were torn from the reef which appeared to be caused by a large ship grounding,” the department said, adding it has ‘up-righted’ the damaged corals and is reattaching them to the reef to prevent further damage. Pamela Webster appointed as CEO of NCVO Pamela Webster has been appointed the new chief executive officer of the National Children’s Voluntary Organisation, one of Cayman’s longest-standing charities, co-founded in 1974 by Olive Miller. A press release announcing Webster’s appointment stated that she has been a “stalwart volunteer” with the charity for more than 20 years. Public warned to guard against heat exhaustion With temperatures approaching 90 degrees Fahrenheit, but feeling over 100, National Weather Service senior forecaster Gilbert Miller is advising the public to take the necessary steps to prevent heat exposure. “Wear sunblock, for one; stay in shaded areas,” said Miller. “Do not exercise or do too excessive work in the hottest parts of the day. Hydrate, wear a hat and eye protection, all of the necessary commonsense things to do to protect yourself from this heat.” Beach drug dealers targeting young people, police fear Police fear drug dealers could be targeting young people on Cayman’s most famous beach. The warning comes after five people were arrested during a crackdown at Seven Mile Public Beach last week. Several packets of ganja were recovered in the operation. The illegal drugs appeared to be professionally packaged in colourful bags featuring anime- style characters and designs. Cayman Islands Hospital A&E entrance relocated The Cayman Islands Hospital Accident and Emergency walk-in entrance will be temporarily relocated while the parking lot is being resurfaced. The new temporary entrance will be through the front atrium. The repaving project will take approximately two weeks to complete, according to the Health Services Authority. A&E patients are advised to use the two parking areas at the front of the hospital. Signage will be in place to direct patients. Daily reporting of COVID numbers to cease With fewer people opting to undergo confirmatory PCR testing, Public Health has announced it will no longer release daily figures of COVID-19 cases, as the official statistics no longer reflect the actual number of cases on island. Although health officials have been regularly appealing to people who have been positive on a lateral flow test to confirm that result with a PCR test at a Health Services Authority testing centre, the numbers have continued to drop. In a statement, Public Health said, “As COVID-19 testing has drastically decreased over the last few weeks, the daily estimate of active cases no longer provides a true representation of how COVID-19 is currently being transmitted within the community.” 17.5 tons of Brac recyclables shipped to George Town landfill More than 17-and-a-half tons of aluminium cans, plastic containers, lead acid batteries and tyres from Cayman Brac, which arrived on two 40-foot containers, have been deposited at the George Town Landfill, ready to be shipped off island for recycling. The containers also brought 2,475 gallons of oil from the Brac, which has been taken to the landfill. The materials have been sorted, baled and packed at the George Town landfill, ready to be transported overseas, the Department of Environmental Health said in a press release. 3 rescued at sea after boat overturns The Coast Guard and police helicopter came to the rescue of three people stranded at sea after their boat overturned near 12- Mile Bank on Sunday, 31 July. The vessel was almost completely submerged, and the three people were in the water, around the boat, when they were spotted by the police helicopter, the RCIPS said in a statement. Police and Coast Guard crews were deployed just after 8pm, following a 9-1-1 call, the RCIPS said. The Coast Guard crew picked up those in the water and took them on their Protector vessel to George Town Harbour where they were met by Emergency Medical Services, and evaluated before being released. A Department of Environment diver examines some of the damage at the Eden Rock reef. - Photo: DoE cayman compass 2 N news FRIDAY, 5 AUGUST 2022 Matinees (matinee price before 6pm) • Seniors $9.00 (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 lm starting after 6pm, unless accompanied by their parent. 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All that is missing is you! single level homes or multi-level penthouses with private rooftop garden and plunge pool, are ready to purchase and/or rent. Book a viewing or call today to discover why FIN is the Last Word in Luxury. the boats are wet and the oceanfront lagoon awaits. All that is missing is you! single level homes or multi-level penthouses with private rooftop garden and plunge pool, are ready to purchase and/or rent. Book a viewing or call today to discover why FIN is the Last Word in Luxury. the boats are wet and the oceanfront lagoon awaits. All that is missing is you! single level homes or multi-level penthouses with private rooftop garden and plunge pool, are ready to purchase and/or rent. Book a viewing or call today to discover why FIN is the Last Word in Luxury. 1234567 89 101112 13141516 17 181920 212223 2425 1234567 89 101112 13141516 17 181920 212223 2425 ACROSS 1 Persian Gulf sheikhdom (5) 4 Pertinent (7) 8 In favour of (3) 9 Pen-name (9) 10 Excess over requirements (7) 11 Seek to influence (5) 13 Be a symbol of (6) 15 Wobble (6) 18 18th century Austrian com- poser (5) 19 Definitely stated (7) 21 Book’s jacket (4,5) 23 Cancelled (3) 24 White Siberian breed of dog (7) 25 Country bumpkin (5) DOWN 1 Lay down (7) 2 Branch of literature (9) 3 Drive forward (5) 4 Gladden (6) 5 Give free rein to (7) 6 Yellowish-brown (3) 7 Mock-up of proposed book (5) 12 Strictly according to rule (2,3,4) 14 Over-particular (7) 16 Soothing (7) 17 Ardent (6) 18 Hell (5) 20 Ward off (5) 22 Arithmetical problem (3) The Compass Crossword Puzzle The Compass universal kakuro Puzzle 17075 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 17075 ACROSS: 1 Dubai, 4 Pointed, 8 Pro, 9 Pseudonym, 10 Surplus, 11 Lobby, 13 Typify, 15 Teeter, 18 Haydn, 19 Express, 21 Dust cover, 23 Off, 24 Samoyed, 25 Yokel. DOWN: 1 Deposit, 2 Biography, 3 Impel, 4 Please, 5 Indulge, 6 Tan, 7 Dummy, 12 By the book, 14 Finicky, 16 Restful, 17 Fervid, 18 Hades, 20 Parry, 22 Sum. Caywatch: Plans for lifeguards on the beaches I’m not sure from where you expect professional certi- fied lifeguards to appear or how they’re going to be paid for their training, skills and time. There is a shortage in the US, making it difficult for municipal pools to open this summer. – Michele Willey Irwin I do think this is something the resorts, condos and beachside apartment complexes should be made to provide. It doesn’t always have to be the government that pays for everything. – Ondine Bult I have been saying this for years, that this needs to be done. That the government needs to train our young Cay- manians to do this thing. I hope they do it now. – Chastine Elizabeth Rankine This should have been imple- mented years ago. But it is what it is. Good start. – Sora Kazue Having called 911 and to have witnessed the drowning of a young Caymanian boy off Spotts, I have always been saddened and wondered why Cayman has never had lifeguards on duty. With mil- lions of visitors annually (past/ near future) and Caymanians (daily) that enjoy the sea, it seems minimal and makes total sense. Think of the lives it would have and could save. Positive actions. Please, Cayman Islands govern- ment make it happen! – Melanie Roddam Knee-jerk reaction by the Minister of Tourism. It will not eliminate the problem with unhealthy people taking chances diving and snorkelling. That’s where we have the big problem. – Lorna E. Bush Premier: George Town revitalisation expected to be done by early Fall The only problem is there is still no place for people to park in town, so even if we wanted to leave home and hang out it will be diffi cult. Also nothing enter- taining is going on there, so will get bored very quickly. – Tasheka Ebanks Close waterfront to traffi c from 7pm on Friday and make the water- front for pedestrians only. Restau- rants could place tables along the road for seaside dining. Live music, even shopping. – Priscilla Maragh I don’t see anything going to happen in town. Everything closes at 5. Where is there to go? – Patsy Rowan Anyone know if this revit- alisation plan had parking in it? Because without that, you’re throwing money into something that isn’t for the locals. – Skipper Whitney I’ve said it before and I’ll say it again – parking. We have a restaurant and where are people supposed to park to enjoy our beautiful sunsets and chill with friends? It’s not worth their time. That, and the fact the trucks to and from the port at 5pm covering our balcony in fi lthy dust. God forbid you sit on our patio with a white dress on past a certain time. We would love to be open after 5pm! – Natasha Kennedy How about revitalising our peo- ple and investing in our children? I have a few suggestions. As far as I know, tourists come to see us, no need for the gilded cage! This is not a time to waste money when wars are affecting the cost of living and our people can barely afford to pay bills. – Lilly Jane No shade trees… Sigh – Anne Briggs GT needs a true revitalization that incentivises town to be a live, work and play destination, and caters to affordable hous- ing options for locals. Let’s call it what it really is, these street- scape upgrades are a beautifi ca- tion mostly for tourists, not a revitalization of our capitol. We’re missing a golden op- portunity in truly redeveloping downtown. – James Whittaker, Greentech Group Rotting seaweed ends sargassum-removal trial How about leave it alone and go upwind? – Victor Look Loy Why not use a net held on each end and pull it in. I’m sure that would work better than a pump that gets clogged. It’s a short-term solution but it would at least help remove some. – Kirna Ebanks I agree they should try to remove the seaweed as it is kill- ing the small fi sh near the shore. But a big pump... Whose brilliant idea was this? Why not drag a fl oating sweeper behind a boat? I would like to know what lesson this has taught them. – Dexter Rivers I won’t fault this group for trying. Hopefully, a good amount of data was retrieved to make better improvements and build on previous mistakes. Working on extracting sargassum from the shore would be expensive and would require multiple booster pumps, rock traps, screens and multiple hydraulic pressure pumps . My hats off to this group for actually tackling the problem rather than sitting on the couch and lecturing like many in these comments. – James Bodden The issue explained: How 4-day-week trials work I would gladly work longer days to have a four-day work week. – Nicole Farrington We implemented a four-day work week (Canadian company) a decade ago. It wasn’t easy, but it works. – Vanessa Magee There are many countries and businesses that imple- ment this type of work week schedule to better enhance the outcome of employees and for the company. – Aymee Duljaslec What they’re saying Online Should trained lifeguards be mandatory at resorts and beaches across the Cayman Islands?Cayman Islands? cayman compass Total: 299 NOYES UNDECIDED ONLINE POLL 37% 111 10% 30 53% 158 cayman compass 4 news N news FRIDAY, 5 AUGUST 2022cayman compass 5 FRIDAY, 5 AUGUST 2022 MOVE WITH US, CAYMAN WE’RE NOW PROVEN Your community banking and wealth management options now have backing and expertise from the PROVEN Group of companies. Join us in the transition as we rebrand over the coming months. PROVEN Bank keeps your life and money moving while maintaining all of the services you’ve come to rely on. Move With Us. provenbank.com PROVEN Wealth supports your desired lifestyle and goals with solid investment options to grow your wealth. Move With Us, Grow With Us. move.provenwealth.com weareproven.com/move-with-us PROVEN Group: Income and Growth Strategy Investment Holding Company Represented in Banking and Wealth | Real Estate | Portfolio Holdings Fidelity Bank is now PROVEN Bank International Financial Planning (IFP) is now PROVEN WealthANDREL HARRIS aharris@compassmedia.ky For the majority of the more than 4,000 civil servants employed across the Cayman Islands government, the daily task of clocking into their ‘9-to-5’ requires them to show up and complete their duties no matter how complex or mundane. But this isn’t the case for all government employees. A massive loophole in the Personnel Regulations of the Public Service Management Act means that, for a select few, their government jobs have become extended paid vacations – whether they like it or not. A Cayman Compass Freedom of Information request to the Deputy Governor’s Office revealed that, as of 7 Feb. 2022, 13 government employees were on required leave while being paid their full salaries and receiving other benefits as per the Labour Law. The situation has cost the public in excess of $1 million over the past four years, according to analysis by the Compass. The auditor general has previously highlighted the level of funds being wasted on salaries for suspended public service employees, and successive governments have indicated plans to close the loophole. No action has been taken, however. Of the 13 civil servants currently suspended on full pay, four are Customs and Border Control officers who have been out of office since 2018 amid ongoing criminal investigations. Six others from various departments are facing ongoing internal disciplinary investigations. Only two of the 13 have been formally charged with criminal offences, with the charges laid last year. Although the FOI data goes back to 2018, it does not give the full picture because the Office of the Deputy Governor does not keep records of employees who have been terminated following the findings of investigations or court procedures. The DG’s office also does not keep records of employees who were cleared of allegations and have since returned to work. That means the number of civil servants who have been off work on full pay and benefits during the past four years could be higher than the FOI data indicates. While it is possible to obtain such records, the DG’s office told the Compass that individual FOI requests would have to be sent to each government department, statutory body or and government- owned company. The loophole Government’s hands are tied by the Personnel Regulations, which address the suspension of a government employee for ‘gross misconduct’ and, to a lesser extent, by the Public Service Values and Code of Conduct policy which sets out a list of expectations that should govern the actions and decisions of civil servants. “The Civil Service is a fair workplace with measures in place to appropriately respond to instances such as the need for administrative leave,” said a statement issued on behalf of Deputy Governor Franz Manderson, in response to questions from the Compass. “These regulations allow the government to balance the needs of both the public and civil servants in a fair, transparent and impartial manner.” Section 40(2)(b) of the regulations states that when deciding whether to fire a staff member on grounds of gross misconduct involving allegations of criminal activity in the workplace, the employee must be given an oral and written warning from an appointing officer who is to “arrange for the suspension on full- pay to take immediate effect”. That section of the regulation also requires the appointing officer to notify police. Section 41(2)(b) prescribes the same course of action for instances where a civil servant has been charged with an offence relating to alleged misconduct outside the workplace. The law makes no mention of a time limit, therefore, in theory, allowing civil servants an unlimited amount of time to receive a full salary while awaiting the outcome of an investigation. This issue was flagged by the Auditor General’s Office in a 2018 report on ‘Fighting Corruption in the Cayman Islands’. “The Cayman Islands Government’s policy on required leave may also not provide sufficient incentive for civil servants accused of fraud or corruption to conclude their cases quickly as they can continue to be paid for long periods of time while their cases are investigated,” reads the report. In November 2017 during an interview with Compass, Manderson said his team was looking to revise the Personnel Regulations to limit paid leave to 12 months. “We believe [that] is sufficient time for a criminal case to be concluded,” Manderson said at the time. In the months prior to that interview, the number of civil servants on required leave fell from 26 to 16, and during a report to the government that year, Manderson stated that 11 civil servants were released from employment following their period of suspension, while another 14 returned to work – noting that the list of suspended employees was “not static”. Five years and two governments later, no changes have been made to the regulations. In May this year, Gloria McField- Nixon, chief officer in the Portfolio of the Civil Service, told the Compass the regulations were “under active review”. “I can confirm that the provisions are drafted and under active review, including legal review,” said McField- Nixon. “Once vetted, the policy will proceed to Cabinet.” The cost to the public purse Due to the sensitive contractual nature of salaries and other benefits, it is impossible to arrive at an accurate dollar value of how much civil servants on required leave are costing the public purse. There is no average monthly salary for civil servants. However, if the 2020 Fall Labour Force Survey, which states that approximately 60% of civil servants earn $2,400 per month, is to be used as a baseline, then the 13 civil servants who have been on required leave, some since 2018, for a combined total of 438 months, have cost the government a minimum of $1 million. But the true figure is undoubtedly higher, as $1 million does not take into consideration the civil servants who were either fired or returned to work after being placed on suspension over that same period. Proof of this is that in 2019, five civil servants were convicted of fraud- related charges in what is thought to be the country’s largest corruption case, and, more recently, two prison officers were fired after being placed on required leave while being investigated for smuggling ganja into Northward prison. Some of these individuals, who were not included in the FOI, were on required leave from 2015 and had their matters finalised in 2019. No value for money The Auditor General’s Office has flagged that, by placing staff on required leave for extended periods, government is not receiving a fair exchange. “Our view on this policy, therefore, remains the same as it was in 2018; we do not think this provides value for money and may not be in the best interests of the Cayman Islands Government,” said Angela Cullen of the Auditor General’s Office. When asked about the possibility of recouping funds from government employees who were convicted of a criminal offence after being placed on required leave, the DG’s office said, “There are no current provisions in the Regulations for recouping funds paid to individuals who are placed on administrative leave.” Although the true number of civil servants who were either terminated, have returned from required leave, or are still on required leave is difficult to obtain, anecdotal evidence suggests that, at any given time, less than 1% of the civil service is on administrative leave. The DG’s office said this, in context, shows that the vast majority of civil servants are productive. “The number of persons placed on administrative leave demonstrates just how seriously the civil service takes performance management and the misconduct of its employees,” said the DG’s office. “There are over 4,000 civil servants employed within the service, when these numbers are considered, it demonstrates that the vast majority of civil servants perform their duties in a manner that is consistent with the public service values and code of conduct.” While this may be true, the issue isn’t that only a small amount of civil servants find themselves on extended required leave, rather it is the fact that, despite multiple administrations and years of promises, no action has been taken to close or reduce this loophole – which the Auditor General’s Office says is a decision for the government to make. Legal loophole leaves civil servants on ‘extended paid vacation’ DepartmentJob title Start date of required leave Current status Department of Vehicle and Drivers’ LicensingExempt2 March 2021Facing internal investigation Department of Education Services Exempt15 Sept. 2021Facing internal investigation Ministry of Youth, Sports, Culture and HeritageExempt6 May 2021Facing criminal charge Royal Cayman Islands Police Service Constable23 April 2021Facing criminal charge Royal Cayman Islands Police ServiceConstable28 Jan. 2022Facing internal investigation Royal Cayman Islands Police ServiceAuxiliary Constable23 April 2021Facing criminal charge Prison ServicePrison officer4 Feb. 2021Facing internal investigation Prison ServicePrison officer7 Oct. 2021Facing internal investigation Customs and Border Control Officer14 May 2018Facing criminal investigation Customs and Border ControlOfficer18 May 2018Facing criminal investigation Customs and Border Control Officer5 Sept. 2018Facing criminal investigation Customs and Border ControlOfficer5 Sept. 2018Facing criminal investigation Workforce Opportunities and Residency Cayman Exempt17 Aug. 2021Facing criminal investigation Story at a glance The Personnel Regulations require civil servants suspected of gross misconduct to be placed on immediate paid leave. The regulations do not set out a time limit for how long paid leave can be administered. This has cost the government millions of dollars over the years, while dozens of civil servants were kept on administrative leave. There is no way to recoup the funds if a person has been convicted or found guilty of a breach of government’s policies. The auditor general flagged this issue as far back as 2018. Since 2017, the Office of the Deputy Governor says work to amend the legislation is under way. However, five years later, there is still no change. 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See the PROVEN difference yourself at our branch locations and provenbank.com MOVE WITH US, CAYMAN Fidelity Bank is now PROVEN Bank NORMA CONNOLLY nconnolly@compassmedia.ky Sean Michael McDonald was found guilty on 2 Aug. of two counts of manslaughter in the deaths of two people who were killed after his boat collided with their vessel as both boats returned from a Sunday outing at Rum Point in 2019. Former RCIPS police officer Emmanuel ‘Manny’ Brown, 49, and John Turner, 70, a British resident in Cayman, were killed in the night- time collision on 11 Aug. 2019. The third person on board, a female passenger, suffered serious head injuries when their boat, a Godfrey Hurricane, and the vessel McDonald was piloting, a 32-foot Scarab called the Pepper Jelly, collided near Harbour House Marina in Prospect. As well as the two guilty verdicts for manslaughter, Justice Cheryll Richards also found McDonald, 38, guilty of endangering human life or safety through reckless and negligent acts in relation to the injuries the female passenger suffered. As Richards read out her verdicts over more than an hour and a half, McDonald sat in the dock – for much of the time mopping sweat from his face, or holding his face in his hands. Relatives of the victims, who have been waiting for an outcome for three years, were also in court to hear the verdicts being delivered. McDonald had denied the charges and had chosen a judge- alone trial, which began in March this year. Police statement Although he did not give evidence during his trial, McDonald’s statement to police following the collision was submitted as evidence in the case. In his police statement, the Pepper Jelly captain said had seen no lights of any vessel nearby as he neared the Harbour House Marina channel, and that he did not notice the Godfrey Hurricane until immediately before the collision, when it was about five feet from his boat. Richards, summarising the case before the court as she delivered her judgment, said McDonald in his statement, had told police that he considered a safe speed to travel at night in North Sound to be 20-25 miles per hour, as there would be buoys and other vessels in the area, and that faster speeds would create a ‘plane’, which would make it difficult to see over the bow of the vessel at night. GPS data presented during the trial showed that the Pepper Jelly had increased its speed from 35 mph to 50 mph when the collision occurred. McDonald, who told police he had been a boat captain for 15 years and had bought the Pepper Jelly a year earlier to use to build up a charter business, said the top speed he would operate the boat at would be 40-42 mph, saying that at any higher speed, “it starts to get scary”. McDonald told police that one of the two passengers on board his boat had been looking out for buoys as they made their way back to shore from Rum Point after sunset. However, the second passenger, in his statement, had said both he and the other person on board were drunk at the time. McDonald, in his police statement, said he was sober, having had just one drink around 3pm that day. Boat lights CCTV video, filmed by a camera at Harbour House Marina and displayed in court during the trial, shows the collision. Although in the dark, it’s impossible to see the collision clearly, what is visible is a bright light, or lights, from the Hurricane – a point both the defence and prosecution acknowledged. The question, however, was whether those lights – so bright in the CCTV footage – could be seen by those on board the Pepper Jelly. However, Richards, in delivering her verdict, said, “Had the defendant been keeping a proper lookout, he would have seen [the Godfrey Hurricane] approaching to his port side well before the collision, even if the lights of the Hurricane were positioned in such a way as to be difficult to see. “The speed at which he was travelling would have, on his own account, made it difficult to see above the bow of the boat at night.” She added that, as was his right, McDonald had chosen not to give evidence in the trial, but she said, “I am sure the true reason for him not giving evidence is he did not have an answer that he thought would stand up to questioning. “In this case, he chose not to give evidence but chose to call an expert witness to put forward his case.” Richards said she found the prosecution’s expert, US marine accident investigator Patrick Michael Neal, a more reliable witness than the defence expert, James Crawford, in part because Neal had had time to make a more thorough and timely examination of the wreckage of both vessels. Neal, in his evidence, had said his examination of the vessels indicated that the Pepper Jelly struck the front of the smaller boat, mounted it and hit the helm, effectively rolling over the Hurricane, and then yawing and changing direction, before capsizing. The Hurricane, after being struck, continued to move through the water before hitting the seawall. Crawford had told the court that the increase in speed recorded on the GPS tracker was caused by the collision itself, while Neal said the Pepper Jelly had been travelling at 50 mph when it collided with the Hurricane at 7:44pm that night – a speed he described as “reckless”. Examinations of both boats showed that the Pepper Jelly had been at full throttle, or at full speed, while the Hurricane was at one-third to one-half throttle, the court heard. Breach of duty of care Richards said, as an experienced boat captain, McDonald owed a duty of care to other users in the water, and that by approaching a channel at an “unsafe speed given the prevailing circumstances, in particular, the state of visibility”, and by not having a proper lookout, he was in breach of that duty of care, to an criminal extent. It was noted that there is often a lot of traffic in the area on a Sunday night, as boats return from trips to Rum Point. She added, “I find that his conduct of navigating that vessel fell far below the standards to be expected of a person in his position, with his experience, and responsibilities. In operating the vessel at the speed at which he did, he did so in a manner which [can] only be described as... rash or negligent, such as to endanger human life.” Richards called for a social inquiry report for McDonald, and the prosecution indicated it intended to submit victim impact statements from the families of the deceased and the injured victim. McDonald, who has surrendered his passport, remains on bail until his sentencing, which is scheduled for Monday, 7 Nov. Former police officer Emmanuel 'Manny' Brown was killed in the collision, along with John Turner. Boat captain guilty of manslaughter in two deaths “I find that his conduct of navigating that vessel fell far below the standards to be expected of a person in his position, with his experience, and responsibilities.” Justice Cheryll Richards The Pepper Jelly is towed out of the water following the 11 Aug. 2019 collision in which two people were killed and one seriously injured. - Photo: Alvaro Serey cayman compass news N news FRIDAY, 5 AUGUST 2022 8cayman compass 9 FRIDAY, 5 AUGUST 2022 MOVE WITH US, GROW WITH US International Financial Planning (IFP) is now PROVEN Wealth The PROVEN Wealth brand has a 20-year legacy of managing billions of dollars of assets on behalf of institutional and individual clients. Invest to suit your lifestyle and goals to retire comfortably, save for education and optimally manage your wealth and investment portfolio. Learn how you can make a PROVEN difference for your future. 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