© 2023 Burger King Corporation. Simply purchase any regular priced Large Combo to enter! Entries end 14th May 2023. Win a BK Pelagic Soft Cooler worth over $250! cayman compass Your most trusted news source Established 1965 $1 | Funding local journalism | Weekly, 12-18 May 2023 Broken-hearted: Families still banned from visiting COVID patients Pages 10-11 Issues: Detention of mentally-ill prisoners Pages 22-24 Battling mosquitoes Control efforts hampered by lack of resources as new surge expected Page 3 Taste of Cayman this weekend Page 25Matinees (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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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 weather Friday Forecast FORECAST Partly cloudy skies with a 10% chance of showers. SEA STATE Slight with a wave height of 1 to 3 feet. WINDS East at 5 to 10 knots. 87°F HIGH 76°F LOW NEWS EDITOR CAROLINE JAMES ISSUES EDITOR JAMES WHITTAKER HEAD OF SALES CHERYL BIRCH-GILLIES news in brief Irish Pub Fidel Murphy's up for sale Fidel Murphy’s Irish pub, an institution in the Cayman Islands bar-and-restaurant landscape, is up for sale. The pub and its sister restaurant next door, The Kitchen, at Queen’s Court Plaza on West Bay Road, are being sold for $1.5 million. John Dunne and his wife Caitlin have been co-owners of the pub, along with Jarlath Sheridan, since 2015. Dunne told the Compass they were selling the business as they’re looking to start another hospitality project. He said Fidel Murphy’s and The Kitchen have been “really good to us” but “it’s just time to try something else”. “The two restaurants are doing really well and now it’s time to pass it on to someone else,” he added. Dunne said potential buyers had already been making enquiries about purchasing the two establishments. For many over the years in Cayman, Fidel Murphy’s has been the place for karaoke on a Friday night, roast lunches on Sundays, football matches at weekends, and as much Guinness as they can handle on St. Patrick’s Day. Weather radar part on the way The part needed to get Cayman’s Kearney Gomez Doppler Radar operating again is expected to arrive later this month, according to National Weather Service Director General John Tibbetts. “We are looking forward to installing the new part once it arrives, and restoring weather radar service as soon as possible,” Tibbetts said in a press release issued 9 May. The part is on its way from the radar manufacturer in Germany, according to the release. “Radar service went down in March 2023 following a hardware failure. Since that time, the Cayman Islands National Weather Service has been working closely with the radar manufacturer to isolate the fault and determine a timeline for repairs,” the release said. Tibbetts, speaking on the 3 May episode of the Cayman Compass weekly talkshow ‘The Resh Hour’, said his team was working with the manufacturer to get the radar, located in High Rock, East End, up and running again ahead of hurricane season, which officially starts 1 June. Police find wanted man in car with drugs Police arrested wanted man Ronald Ernesto Swaby over the weekend after finding him in a vehicle in which they also found a quantity of drugs. The RCIPS last month issued an appeal to the public to help locate Swaby, who had skipped bail and failed to show up in court for his 17 April sentencing date after being convicted of possessing an imitation firearm. On Sunday, 7 May, he was arrested for breach of a court order when police located him travelling in a vehicle in the vicinity of Seymour Drive in George Town. Police said, after conducting searches of the vehicle and its occupants, they recovered cocaine and prescription drugs. “The occupants of the vehicle were subsequently arrested on drug-related offenses, and this matter is currently under investigation,” the RCIPS said in a statement. Arson suspect arrested after colliding with fire truck Police arrested and charged a 43-year-old man suspected of setting fire to a vehicle in Bodden Town after he collided with a fire truck as he was leaving the scene. The RCIPS said police and other emergency services were dispatched just after 2pm on Wednesday, 3 May, to a report of a vehicle fire. “It was reported that the fire was believed to have been deliberately set and officers from the Cayman Islands Fire Service attended the location and extinguished the fire. The fire officers also conducted investigations which confirmed that incident to be an arson,” police said in a statement issued on 9 May. They said the man attempted to flee the scene in a vehicle but collided with the fire truck. He was arrested on suspicion of arson and other offences in relation to this incident, including several traffic offences, and later charged with arson and causing harassment, alarm or distress. Two cars go up in flames in George Town Two Honda Fit cars caught fire early in the morning on Sunday, 7 May, not long after Batabano carnival festivities came to a close in George Town. Police and firefighters were called to a fire in a silver Honda Fit on Rock Hole Road near Mary Street at 1:05am, the Department of Public Safety Communications told the Compass. They were called out again at 1:41am when a white Honda Fit was engulfed in flames in front of the Waterfront Centre on North Church Street. The Royal Cayman Islands Police Service confirmed that officers responded to two separate reports of vehicles on fire in George Town in close proximity to each other. “Police are working with the Cayman Islands Fire Service to investigate cause of fires,” a police spokesperson told the Compass, adding the circumstances are “suspicious”. Fidel Murphy’s and its sister restaurant The Kitchen are being sold for $1.5 million. - Photo: Supplied cayman compass 2 N news WEEKLY, 12-18 MAY 2023RESHMA RAGOONATH rragoonath@compassmedia.ky Mosquito Research and Control Unit Director Alan Wheeler says Cayman’s mosquito problem is likely to continue if a second pilot is not found soon to help fly the islands’ first line of defence against the surging insects. Wheeler, speaking on the Cayman Compass weekly talkshow ‘The Resh Hour’ on Wednesday, said he and his team are doing the best with the resources at their disposal, but there is an urgent need for a second pilot to help get the problem under control, especially as the rainy season looms. “Any failure that you see now, it’ll be amplified further down the road,” Wheeler said, adding that even though the MRCU has mosquitoes under control right now, “the next time it rains, and the rainy season is very close to us, I’m expecting a major mosquito problem”. He said the species that is surging at this time is the black salt marsh mosquito, which means cleaning stagnant water from around homes will not affect the numbers of that insect. However, he said, that action will help with the Aedes aegypti mosquito, which breeds in stagnant water. Peak of 1,200 mosquitoes per trap The absence of a second pilot, as well as both MRCU planes sidelined at the same time, coupled with the king tides in mid-April, he said, led to the recent explosion of mosquitoes. Up until 27 April, Wheeler said they saw “very low numbers” of mosquitoes, with an average of fewer than 200 being caught in each of the MRCU traps. That average then increased sixfold, to up to 1,200 mosquitoes. “That’s unacceptable biting levels,” he said. “When it’s like that, the public are getting bit severely, it’s going to be affecting animals. Even though the numbers peaked, they got very high, [and] we’ve now brought it largely under control.” Wheeler said traps on 10 May averaged 4.6 mosquitoes, which is “quite good”. However, that may only signify temporary relief, with just one pilot available to shoulder responsibility for the aerial spraying. It typically takes 12 days for mosquitoes to emerge from eggs to grow into biting adults, he explained, which means it’s only a matter of time before people face another surge because, when the planes were out of service, many eggs were laid. “These mosquitoes have been around for some time because we didn’t have the ability to control them quickly. They’ve been laying eggs, so the number of eggs out there right now is going to be quite high... [and] at some point in the future those eggs are going to hatch,” he said. “There will be more mosquitoes coming off this year without doubt... hopefully we’ll have a second pilot in place to help us deal with that problem.” Lacking resources Wheeler called it a failure on the part of the department that the mosquito levels got to where they were, “but we don’t have the resources that we need in terms of aircraft”. The Ministry of Health and Wellness, he said, has been great with budgeting, “but it doesn’t matter how much money I have available for insecticides; if I cannot apply those insecticides, we’re going to have a mosquito problem”. He said, from 11 April to 1 May, the MRCU had no aerial support at all; however, he praised the ground crews for their efforts to keep the mosquitoes at bay. “We have people working seven-and-a-half-hour days and then... continuing to fog for us for three or four hours and that’s been continuous.” Nellie Pouchie, chief officer for the Ministry of Health and Wellness, in a press release issued last month on the mosquito problem, said the “MRCU currently has 1 full-time pilot, and is looking to fill the vacancy for a second pilot in order to ensure that aerial operations are properly resourced. Recruitment of an additional pilot is currently underway.” Pouchie added, due to “the proximity which the aircraft flies in residential areas, and the modifications of the airplane to ensure that it meets the changing needs of MRCU’s control operations, this post requires an experienced pilot, so recruiting the person with the necessary skills takes time”. However, Wheeler said, since he became MRCU director in 2021, there has been only one pilot to conduct aerial spraying and a single aircraft at any one time. He said, over the last two years, he has written at least 30 emails calling for recruitment of a second pilot. “I’ve been, truthfully, quite panicky about it because I know that, without aerial support, I can’t do my job properly... and we are seeing the impact of that,” he said. Wheeler added that he supplied resumes for consideration of at least five pilots showing interest, but there has been little movement in the recruiting process. He said that, under his job description, the chief officer has the responsibility as accountable manager for the MRCU aircraft section, and since the chief pilot’s retirement in 2021, he was not aware of any efforts to advertise the position. “I was assured this time last year that I would have a [second] pilot for the start of the season and I’ve been issued the same assurance this time around... for the start of the season, but that’s coming up real soon,” he said. The sole mosquito plane, he added, has been sent to Cayman Brac to spray the Sister Islands, which leaves Grand Cayman without air support. However, he said, the MRCU is not predicting any new mosquito emergence for at least the next 12 days. “I believe we can deal with upcoming mosquito problems. What we do need to do is get the residual larvicide down before the start of the rains. I can’t predict when the rains are going to come but I do know it’s a matter of urgency once that plane is back from the Sister Islands, that we start working on our residual larvicide operations,” he said. The Resh Hour is aired on the Cayman Compass Facebook page every Wednesday. MRCU Director Alan Wheeler in 'The Resh Hour' studio on Wednesday, 10 May. There is currently only one mosquito plane in service, as the MRCU has just one pilot. - Photo: File MRCU director: Brace for more mosquito surges The average number of mosquitoes caught in each MRCU trap during the peak. “The next time it rains, and the rainy season is very close to us, I’m expecting a major mosquito problem.” Alan Wheeler, director, Mosquito Research and Control Unit To see the full interview, see the video on caymancompass.com 1,200 cayman compass 3 news N news WEEKLY, 12-18 MAY 2023 Interview: Alan Wheeler1234567 89 101112 13141516 17 181920 212223 2425 1234567 89 101112 13141516 17 181920 212223 2425 ACROSS 1 Under way (5) 4 Rhapsodic (7) 8 Swindle (3) 9 To mock (4,3,2) 10 Disgraceful thing (7) 11 Hold firmly (5) 13 Scarcity (6) 15 Language of Israel (6) 18 Illusory (5) 19 Convey surreptitiously (7) 21 Meeting required standard (2,2,5) 23 Monotonous routine (3) 24 Cost (7) 25 Flavour (5) DOWN 1 Defendant (7) 2 Ineffective (2,2,5) 3 Unenthusiastic (5) 4 Probable (6) 5 Asylum-seeker (7) 6 Food container (3) 7 Slacken (3,2) 12 In respect of (2,7) 14 Betrayal of one’s country (7) 16 Grapple (7) 17 Take upon oneself (6) 18 Lucky accident (5) 20 Out of condition (5) 22 Draw off (3) The Compass Crossword Puzzle The Compass universal kakuro Puzzle 17315 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 17315 ACROSS: 1 Afoot, 4 Lyrical, 8 Con, 9 Poke fun at, 10 Scandal, 11 Grasp, 13 Dearth, 15 Hebrew, 18 False, 19 Smuggle, 21 Up to snuff, 23 Rut, 24 Expense, 25 Taste. DOWN: 1 Accused, 2 Of no avail, 3 Tepid, 4 Likely, 5 Refugee, 6 Can, 7 Let up, 12 As regards, 14 Treason, 16 Wrestle, 17 Assume, 18 Fluke, 20 Unfit, 22 Tap. What they’re saying Online Letters to the editor This black-and-white photo by Lisa Collins of Capture Cayman Ltd., taken 60 feet underwater at the Kittiwake wreck off Seven Mile Beach over the coronation weekend, shows the majesty of the 251-foot- long former submarine rescue vessel, which served in the US Navy from 1945 to 1994. The ship has been a major draw for divers and snorkellers since it was deliberately scuttled in January 2011, after being sailed into Cayman waters on Christmas Day 2010. Shipshape An example of Cayman hospitality was at a gas station near the airport on 6 May, when my car would not start due to my not having the key fob. I looked everywhere for the fob, when Nick, local father of two and Oxford-trained lawyer, jumped in and drove me to East End, where I had stopped to take a last photo before flying home. He was a true hero and guardian angel allowing me to be able to make my flight. Thank you. Keith Donaldson Good Samaritan saves the day pic of the week Cyclist Forbes joins overseas team after local sidelining Nathaniel is a true example of not giving up even when others try to drag you down. Keep pursuing your dreams and striving to be the best. You can do it, kiddo, we are rooting for you! Aimee Randolph Totally agree, Nathaniel is a wonderful human and one we should all be so proud of. Kiralee Harnett Why do we treat everyone like royalty, but our own? Seriously, what is wrong with us? Young man, all blessings in the world on your next chapter! Eden Hurlston We wish you all the best with this new chapter in your life. You make us all very proud. What they did to you was wrong and unfair, given how hard you worked and that you were a rightful representative for us as a member of that team. But you will overcome and keep rising and shining. A new door has opened for you. You stand tall and strong while walking through it. “What seems to us as bitter trials are often blessings in disguise.” - Oscar Wilde Cathrine Welds Another association that needs cleaning up? Dennellia Stewart Politics, politics… this young man found his way to shine… who the hell are the egomaniacs running our local sports associations? You are still representing. Nicole Farrington Compass investigation: The strange case of Travis Webb Mental health cannot be swept under the rug; it must be addressed. We need the tools to deal with this problem. Diane Rankin Disruptive teens prompt security concerns at Camana Bay Find out who the parents are and make them be responsible for their teenager’s behaviour. Many people enjoy Camana Bay, including small children. When these brats get banned from there, then parents are gonna get upset. Some people are dropping them off without supervision to have their time free elsewhere. Valda Hilton Taylor What is really sad is that it is an excellent place for teens to meet and hang out. But a few are spoiling it for the rest. Peter Hughes A place like that should always have parents there to monitor their kids. I don’t blame Camana Bay and I’m happy with the result. Sora Kazue Is this progress? A sign of the times? The whole world is in turmoil. A return to a simpler life and community seems like long lost dream. Paul Allan Flooding fears prompt attempt to halt West Bay development Wow, sounds like the Cayman Islands government should have required a proper environmental assessment of this development proposal. Makes me really confident the East-West Arterial won’t cause similar problems. Pity there wasn’t a transparent process that government could follow to reassure the public that things are being done right. John B. It would be easy to learn how many notifications were returned with owner signatures and how many were ‘returned to sender’ because they were undeliverable. Bob B. cayman compass 4 news N news WEEKLY, 12-18 MAY 2023WEEKLY, 12-18 MAY 2023REBECCA BIRD rbird@compassmedia.ky Several community and environmental groups have expressed concerns over unanimous parliamentary support for immediate work to take place on the much-delayed East-West Arterial extension. It comes after MPs voted in favour of a private member’s motion asking for a section of that extension to be built without an environmental impact assessment. The groups said completing the green study is extremely important before works go ahead through parts of “the largest intact mangrove system in the Cayman Islands and Caribbean”. While an urgent and effective long-term solution to the traffic problem is vital, they added in a statement, the road must be designed and constructed in accordance with the law. They believe this will lead to the effective reduction of traffic congestion, minimal impact on the mangrove wetlands, and will help avoid potential flooding of nearby communities. “We are collectively asking that the government continue with the full scope of works for the environmental impact assessment… so that informed decisions can be made,” they said. A national issue West Bay West MP McKeeva Bush presented his motion on the issue to Parliament on 27 April. He said Cabinet had gazetted the road in 2005, but a lack of urgency has led to an increasing number of Caymanians who are “past frustrated” with the continued traffic congestion. “These constituents are struggling to maintain a decent lifestyle,” he said, speaking of eastern district residents who travel west in heavy traffic for work or school. The National Conservation Act 2013 says the National Conservation Council may require an environmental impact assessment if there is a threat to a protected area or critical habitat. But Bush argued the first strip from Hirst Road to Lookout Gardens is less environmentally sensitive than other sections of the planned 10-mile extension and not in need of an EIA. A lengthy debate saw most members speak in favour of the motion with only Premier Wayne Panton defending the legal process, saying things must be done “in the right way”. At the close of the debate, all 17 MPs present voted for the motion. The government will now decide what steps to take going forward. ‘Extremely concerned’ Amplify Cayman, the Cayman Islands Mangrove Rangers, CPR Cayman, Protecting Paradise, Sustainable Cayman and Plastic Free Cayman joined together to express their worries. In their statement, issued on 1 May, the groups said they are “extremely concerned” over the lack of an assessment to look at the road’s environmental, socio- economic and health impacts. They said it undermines the government’s commitments to rely on scientific integrity and public participation in the evaluation and development of major infrastructure projects. The government “can and must” follow international good- governance practices to ensure major infrastructural projects undergo robust scrutiny before they proceed, the groups said. One of their major fears is that irreversible damage will be done to the Central Mangrove Wetlands, and they say the study will help minimise impact. They also think the multi-lane road, if built too soon, could lead to flooding of the communities along the road in Bodden Town. Grand Cayman’s water and food security is another concern, as the highway could result in more cars “streaming through” an important agricultural and wetland area. Contaminants, runoff, construction debris, oil, gas and litter may be carried by water flow into the wetlands, the surrounding community and the North Sound, the statement added. The groups said flash floods pose a threat to life and property without proper modelling assessments. “Presently, the southern wetland basin acts as a natural solution for storm water drainage and filters the water that replenishes our nationally important water lens in Savannah,” the groups noted. A ‘dangerous course’ In the statement, the groups said they recognise that a new Climate Change Policy is being worked on but said the current adaptation policy comprises “mainly symbolic” measures. They called the measures “ineffective” in improving resilience to the major climate change- related issues of coastal erosion and increased storm intensity. “The lack of formal adoption of policies is resulting in dangerously slow progress for climate change adaptation,” they said. Changes in planning regulations provide opportunities for improving resilience to climate change, the statement argued, adding “but these have yet to be realised”. “We submit that building a six- lane highway through sensitive land areas contributes to the climate change problems we are trying to mitigate,” the groups said. They urged anyone who agrees with these views to write to the governor, premier, their MPs, the National Roads Authority, the Department of Environment, and local radio stations. “We care deeply about our home and we are angry with this unprecedented attack and dangerous course,” they said. NORMA CONNOLLY nconnolly@compassmedia.ky The scope of an environmental impact assessment for two sections of the proposed East- West Arterial extension has been expanded to a 1.5-mile radius of the road, rather than one mile as suggested in the original draft, following a public consultation on the controversial project. The final terms of reference of the environmental impact assessment of the 10-mile six-lane road extension, from Woodland Drive in Savannah to Frank Sound Road in North Side, have been published, after two public meetings and the receipt of scores of comments, suggestions and objections from environmental groups and members of the general public, including young schoolchildren. Acknowledging that the addition of a new road will prompt residential and commercial growth in the surrounding areas, with access via roundabouts along the route, the consultants’ report noted, “For this analysis, the potential for induced growth will be evaluated within approximately 1.5 miles of each new access point.” The document states that “several proposed developments have been identified” already and the impact of those projects will also be taken into account in the EIA. It added the effect of increased traffic from the new developments along the route, would be “estimated and evaluated”. The original one-mile radius area had focused on “expected, direct induced growth”, the report Green groups ‘extremely concerned’ over East-West Arterial extension EIA scope expanded for East-West Arterial extension The red line shows the route of the proposed extension of the East-West Arterial. - Image: National Roads Authority A map showing the proposed East-West Arterial sections. - Image: Department of Environment The proposed expansion of the East-West Arterial will cut through this expanse of forest and wetland in the eastern districts. cayman compass 5 news N news WEEKLY, 12-18 MAY 2023REBECCA BIRD rbird@compassmedia.ky Cabinet must appoint new members to the National Conservation Council to protect Cayman’s environment, the National Trust has urged. In a statement, it alleged the council is being “effectively disbanded” and there are no plans for members to be appointed or reappointed at the end of their terms. “The lack of an active National Conservation Council is to the detriment of the people and environment of the Cayman Islands,” the natural and cultural heritage group said in a statement issued on 5 May. The National Conservation Act details the required establishment of a National Conservation Council. One of its functions is to promote biological diversity, and the conservation and sustainable use of natural resources in the Cayman Islands, the act says. It also is responsible for maintaining protected areas and conservation areas, critical habitats of protected species and other natural resources, among other things. The National Trust said government must follow the National Conservation Act to “protect its environment and its people, present and future”. “The [act] is an historic piece of legislation which brought the Cayman Islands in line with international best practices on a number of environmental issues,” the Trust said. It added that environmental legislation has been key to protecting people around the world from the “unintended, unforeseen and irreversible” impacts of the actions of others. “Impacts which can lead to severe decreases in quality of life and even mortality if left unchecked,” the non- profit, which has an obligation to nominate a council member, said. According to the National Conservation Council website, all current members were appointed in 2021 for two-year terms. The Compass has contacted the Ministry for Sustainability and Climate Resiliency and is awaiting a comment. A clear position The Trust expressed these concerns within a larger statement reacting to unanimous parliamentary support for work to begin on the East-West Arterial extension. In the 27 April session, MPs voted in favour of a private member’s motion asking for a section of the road to be built without an environmental impact assessment. The organisation said it understands the frustration of the people sitting in traffic daily and has never been categorically opposed to this road. However, it takes the “clear position” that large infrastructure projects that have the potential to permanently alter the islands’ environment should be done in the right way. The motion contravenes the National Conservation Act, the Trust said, adding that it is international best practice to do an assessment on a project of this scale. “An environmental impact assessment looks not just at how the project will impact the natural world but how those impacts will affect the people living nearby,” the group wrote. “This allows those building the road to have the best information available to mitigate potential problems caused by the road to the community and the natural environment.” The group’s statement said that without proper assessment there is the risk of impacts from the disruption of any number of natural processes. These include potential catastrophic flooding of communities south of the road, the slow drying out of the mangroves to the north of the road, and impacts to the freshwater lens. The section of the road discussed would directly pass through land that the National Trust holds for the people of Cayman. It has the “further potential to impact several of our historic and environmental sites through indirect and cumulative impacts”, the Trust continued. “Rushing this process risks imparting permanent negative impacts on the people of Cayman without giving them the opportunity to weigh them against the potential benefits.” The group suggested other options for easing traffic in the short term such as introducing buses for all schools, both public and private; staggered work and school start times; and incentives for non-car travel. National Trust: Conservation council being ‘effectively disbanded’ “The lack of an active National Conservation Council is to the detriment of the people and environment of the Cayman Islands.” National Trust of the Cayman Islands Building the East West Arterial extension without a proper environmental assessment can lead to slow drying out of mangroves, says the National Trust. - Photo: Taneos Ramsay noted. Consultants working on the EIA terms of reference had said that, based on their previous professional experience, development growth prompted by new roads are usually within a one-mile radius of the roundabout access points. Sustainable Cayman, in its submission on the EIA scope, called for the impact assessment area around the road to be expanded, saying that historical trends and a lack of a national development plan warranted an assessment of projected growth along the entirety of the route, in areas the land has no statutory environmental protections, within a 1.5-mile radius. The consultants responded, “We agree with the suggestion to increase the induced growth study area to 1.5 miles to better evaluate potential development along the corridor. The 1.5-mile buffer is located off of the proposed roundabout locations as the primary arterial corridor is anticipated to be limited access.” One submission in the public consultation suggested that the National Roads Authority build the road extension without roundabouts, thereby discouraging development in the surrounding area that would further impact the environment. The consultants seemed to discount that suggestion, stating in the report, “The proposed roundabouts are located at junctions where it is anticipated that some form of traffic control is necessary. The remaining corridor is proposed to be treated as a limited access corridor.” Among the many comments, expressed verbally at the public meetings and in written form, were dozens from young schoolchildren, who submitted drawings and pleas to save the mangroves. Several described the East-West Arterial expansion as a “silly road”, and in their handwritten letters – addressed variously to the governor, government, the National Roads Authority and even King Charles – said Cayman needed the mangroves more than it needed a new road. A timeline for the road expansion is not yet known, but now that the scope of the assessment has been finalised, the EIA can begin. It is expected to be take about a year to complete. Divided opinion Opinion over the proposed expansion, part of which cuts through the Central Mangrove Wetland – the largest of its kind in the Caribbean – is strongly divided, with many in the eastern districts calling for the road to be built as soon as possible to alleviate gridlock during their morning and evening commutes, and others decrying the expected detrimental impact on the environment. The matter led to heated debate in Parliament recently when legislators debated a motion which called for the EIA to be scrapped for the section of road from Woodland Drive to Lookout Gardens. That section, and another one from Lookout Gardens to Frank Sound Road, are both legally subject to an EIA, under the National Conservation Act. A section from Hirst Road to Woodland Drive, already under way, is not subject to an EIA. All the MPs in the House at the time, including Premier Wayne Panton, who is also Minister for Sustainability and Climate Change, voted unanimously in favour of not carrying out an EIA on that section. A number of environmental groups on island have since expressed their concern over the lack of political support for the EIA to go ahead. EIA scope expanded for East-West Arterial extension cayman compass 6 news N news WEEKLY, 12-18 MAY 2023Mass_NRG_WhiteLine_Bleed_OuterMask_CMYKGetting a new or used vehicle is easy with an auto loan from RBC! Follow us at RBC Caribbean Special conditions apply. Subject to normal lending criteria. ®/™ Trademark(s) of Royal Bank of Canada. Used under licence. Scan the QR Code or visit rbc.com/caribbean/gearup Zero Down Special low interest rates Extended repayment terms Get in gear with an RBC Auto Loan cayman compass 7 WEEKLY, 12 18 MAY 2023ANDREL HARRIS aharris@compassmedia.ky Former Governor Martyn Roper’s use of his reserved power to push through legislation on same-sex partnerships has faced a renewed challenge in the Court of Appeal. Legal arguments focused on the distinction between domestic and international legislation and how each is enacted. Though the challenge is connected to the debate over the rights of same-sex couples, the court action raises much broader questions around if and when the governor can intervene to pass legislation for the Cayman Islands. Roper used the controversial Section 81 of the Constitution to pass the Civil Partnership Act in 2020 – after it had been voted down by the Cayman Islands legislature. Kattina Anglin, an attorney and leader of a local Christian association, brought a judicial review of that decision, arguing that same- sex relationships was a ‘devolved issue’ that fell within the remit of the Cayman Islands Parliament. She claimed the governor could not use that clause to unilaterally introduce legislation in the way he did. The Section 81 power, lawyers for Anglin argue, is restricted to areas that fall directly within the governor’s remit, such as defence and external affairs. At the original hearing, Grand Court Judge Richard Williams ruled that the governor acted properly, accepting the argument that failure to pass such legislation had left the jurisdiction in breach of multiple human rights treaties, to which Cayman is a signatory as a British Overseas Territory. During the Court of Appeal hearing Tuesday, 9 May, lawyers for Anglin insisted the appropriate means for the UK to enforce its treaty obligations on Cayman would have been through an Order in Council passed in the UK parliament. The appeal hearing centred on the division between domestic and international legislation, seeking to unravel the complex relationship between the UK and Cayman, and determine when and how the UK is able to intervene in Cayman’s affairs. Different prerogatives – Royal, Parliamentary and Executive Hugh Southey, KC, who represents Anglin, argued that there needs to be a clear distinction between external affairs and domestic matters, as well as their corresponding legislations. Southey claimed that the law in the UK gives the executive branch of the British government the power to enter international treaties, but reserved the right for Parliament to put those treaties into action through legislation. “If the Executive enters the UK into an international treaty, the corresponding domestic legislation that would need to be created or passed can only be done by Parliament as this is Parliamentary Prerogative,” said Southey. “Otherwise, the Executive would be able to agree to international treaties and pass them into law which could undermine the position or wishes of Parliament.” “Ultimately, it is up to the UK Parliament to decide which treaty, if any, is to be introduced as domestic legislation and when to do so,” said Southey. He added that in the case of Cayman, the power to enter into international treaties remains an external affair, which is strictly the remit of the Governor’s Office as the representative to the UK. However, he added that, ultimately, it is for the Cayman Islands Parliament to determine whether or not to introduce corresponding domestic legislation in line with the international obligations, in spite of any potential breach. “The preamble of the current Constitution gives rise to greater self-determination,” said Southey, who added that the failure of Cayman’s government to pass the Civil Partnership Act was not a breach of other sections of the Constitution. In rebuttal, Tom Hickman, KC, claimed Southey’s arguments “proved too much”, and warned that if the court adopted such an interpretation, it ran the risk of jeopardising royal prerogative. “Cayman’s prolonged and sustained breach runs the risk of jeopardising Royal Prerogative where the matter in question breaches the UK’s commitments to other countries, territories or jurisdictions,” said Hickman. When refuting Southey’s claims, Hickman told the court the claims were based on a false hypothesis. “The hypothesis is that if the Governor doesn’t pass the law, then (the Cayman Islands) Parliament would,” said Hickman. “But as we can see, that is clearly not the case.” Hickman added that there were adequate braces and belts, in Cayman’s Constitution, and that Southey was trying to create an illusion that the governor might somehow abuse his position to pass laws that would undermine Cayman’s parliamentary democracy. “The Constitution requires the governor to first consult with the Premier and to give Parliament the chance to first pass legislation, before acting,” said Hickman, adding that this case in particular was a perfect demonstration of the governor acting in a manner with the court’s recommendations that brings about an end to an “unsatisfactory situation”. More than a legal debate For LGBTQ+ advocacy group Colours Cayman, Anglin’s legal challenge is more than just a debate on which section of the Constitution should have been used to pass the Civil Partnership Act. Instead, it is viewed as an assault on the personal freedoms, rights and privileges provided by the law. “There are now 93 couples who have either entered into or had their Civil Partnerships recognised since the law was first passed,” explained Alex Potts, KC, who represents Colours Cayman. Potts told the appeals court judges the civil partnership couples include same-sex and heterosexual couples; with some partners residing in foreign jurisdictions. He said, “It is also important to note that although it is the Civil Partnership Legislation that is being challenged, there is a whole raft of legislation that was amended which would have to be changed if the appeal was allowed.” Potts added the fact that the legal challenge was being brought by Anglin, and not by the government nor the then-elected officials, spoke volumes about whether Cayman’s Members of Parliament fear any interference with domestic legislation by the governor or the UK. “The appellant is simply acting in her capacity as a citizen when challenging these matters, but perhaps more notable is the fact that we do not have any actual party who would have been adversely impacted by the Governor’s use of his powers, challenging the matter with her,” said Potts. The Court of Appeal did not immediately return its ruling, choosing instead to deliver its decision at a yet-to- be-disclosed day and time. Governor's passing of Civil Partnership Act challenged in court In October 2020, Alice Hillman Lopez, left, and Samantha Erskine became the first same-sex couple in Cayman to have their union legally recognised under the Civil Partnership Act. - Photos: Taneos Ramsay Governor Martyn Roper assented to the Civil Partnership Act on Friday, 4 Sept. 2020. The appeal hearing centred on the division between domestic and international legislation, seeking to unravel the complex relationship between the UK and Cayman, and determine when and how the UK is able to intervene in Cayman’s affairs. cayman compass 8 news N news WEEKLY, 12-18 MAY 20235452 | CAYMAN NATIONAL | KAPOK OPENING | COMPASS | 11 MAY 2023 | BB&P GRAND CAYMAN | +1 345 916 0172 | INFO@BBANDP .COM | BBANDP.COM PERSONAL BANKING | BUSINESS BANKING | FIDUCIARY & INVESTMENT SERVICES | FUND SERVICES caymannational.com Welcome to Kapok! We’re ready to welcome you at Kapok, Camana Bay Our newest Customer Service Centre is now open! 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