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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 Slight chance evening isolated showers SEA STATE Slight to moderate with a wave height of 2 to 4 feet. WINDS East to northeast at 10 to 15 knots. 87°F HIGH 77°F LOW NEWS EDITOR CAROLINE JAMES ISSUES EDITOR JAMES WHITTAKER HEAD OF SALES CHERYL BIRCH-GILLIES news in brief 2 injured, 1 arrested after Linford Pierson crash Two road workers were hospitalised after being struck by a car in a collision that created yet another gridlock on Cayman’s main thoroughfares on Tuesday afternoon, 26 March. The driver, a 35-year-old man of George Town, was arrested for dangerous driving offences. A breathalyser test was conducted, police said, and returned a negative result. The crash happened shortly after 3pm on the Linford Pierson Highway. Police said initial investigations indicate that the driver, who was travelling in the westerly direction, upon reaching the roundabout, lost control of his vehicle, which left the road and collided with a pole, also striking the two Island Paving workers. The vehicle came to a stop on the eastbound lane. The eastbound lanes of the road were closed temporarily, causing long tailbacks during the evening rush-hour. A few days earlier, a two- vehicle collision, on Saturday, 23 March, on Shamrock Road near Beach Bay Road, Bodden Town, caused a gridlock that lasted throughout the day. These collisions followed two fatal crashes, on 20 and 21 March, in which Cayman Brac resident Dulce Rodriquez and Jamaican national Teron Anthony Johnson were killed. New cancer survivor wall offers hope Smiling faces of 132 cancer survivors now adorn a hallway of the Cayman Islands Hospital, offering hope to patients facing treatment in their cancer fight. The Cayman Islands Cancer Society and Health Services Authority unveiled a new survivor wall on 22 March in a short ceremony, which Governor Jane Owen attended. Cancer Society operations manager Dave O’Driscoll explained that the original survivor wall went up in the 2010s but had to be moved from the hospital’s atrium during recent renovations at the facility. He said the Cancer Society took the opportunity to provide updated portraits for a new celebratory purple-themed display. “This wall is not just a collection of names and faces,” O’Driscoll said though. “It’s the story of a community, and how they continue to unite and rise together.” Lizzette Yearwood, CEO of the Health Services Authority, said the faces of the survivors bring hope to others, and helps inspire the family and friends of those currently battling cancer. O’Driscoll reminded the public that the Cancer Society office is located just across the parking lot from the hospital, and the organisation is prepared to offer emotional support resources for patients and caregivers. Messages in bottle found on morning walk After Brian Phelps embarked on his morning walk on Saturday, 23 March, he spotted something out of the ordinary nestled in the seagrass along the coastline. As he drew closer, he found what can easily be described as a once-in-a-lifetime find – messages in a bottle. “I found it early morning beach walking on the south coast,” Phelps told the Cayman Compass. Though excited by the find, he said he does not plan to open the bottle, but instead intends to send it back on its oceanic journey. “Due to the contents appearing personal, I am going to put the bottle back out to sea next time I’m offshore,” he said. “From the little I can see, the bottle contains three-to-four letters from family members dated 2021 to a lost member of the family.” The four notes, which are written on different colour papers – at least one of which appears to have been written by a child – are encased in a glass bottle and sealed with cork. US military makes stop in Cayman Two US military helicopters, part of the US Joint Task Force Bravo, made a stop in Grand Cayman on Saturday, 23 March, where they overnighted before heading to Guantanamo Bay in Cuba the following day. The heavy-lift Chinook and Black Hawk helicopters, both of which landed at the Owen Roberts International Airport, created a stir as they departed for Cuba on Sunday morning as videos and pictures of their flyover circulated on social media. This is the second such stop in March. Governor Jane Owen, in a post on her official Facebook page on 23 March said, it was “great to see the US military Joint Task Force Bravo here again on their way to join colleagues in Guantanamo”. She said the Joint Task Force Bravo routinely provide humanitarian aid and disaster response with partners in the region and “are deployed as a forward presence to ensure rapid response to any security and stability concerns”. Earlier in March, five US military choppers made a similar stop to refuel before heading to Guantanamo Bay, where US troops are on standby to render assistance to Haiti, which is currently experiencing violent political turmoil. NiCE kicks off new clean-up initiative Applications are now open for the National Community Enhancement, or NiCE, clean-up campaign, which is set to begin in April. Minister Jay Ebanks, in a 24 March statement, announced the commencement of the project, which offers short-term work to unemployed and under- employed Caymanians and their spouses. This year, however, the scope of the project appears to have changed, with workers now being referred to as ‘volunteers’ and participation in the project termed as ‘voluntary service’. The statement did not say how many individuals were needed, but noted that “on completion of voluntary service, each volunteer will receive a stipend for contributing to the beautification of Grand Cayman”. The project, now in its ninth year, will run from 8-20 April and “aims to beautify parks, beaches and roadsides across Grand Cayman through the voluntary services of a selected team of volunteers”. The deadline for applications is 29 March at 5pm. The NiCE programme, which falls under the Ministry of Planning, Agriculture, Housing, Infrastructure, Transport and Development, has three goals – to beautify parks, to transform beaches by cleaning up shorelines, and to remove litter from roadsides. “The NiCE Project (2024) presents a unique opportunity for volunteers to make a positive impact on their surroundings while fostering a sense of civic pride and responsibility,” Ebanks said. Applicants must be at least 18 years old, and Caymanian or a spouse of a Caymanian with a valid Residency and Employments Right Certificate. Additionally, the statement said, unemployed participants “must be medically fit to provide voluntary service in dusty and physically demanding environments”, working from 8-20 April, from 7am to 3pm. Brian Phelps found this bottle, with messages inside, on his morning walk in South Sound. - Photo: Brian Phelps cayman compass 2 N news WEEKLY, 28 MARCH - 4 APRIL 2024cayman compass 3 WEEKLY, 28 MARCH 4 APRIL 20241234567 89 101112 13141516 17 181920 212223 2425 1234567 89 101112 13141516 17 181920 212223 2425 ACROSS 1 Attack (5) 4 Judicious (7) 8 But for all that (3) 9 To a disgusting degree (2,7) 10 Pupil (7) 11 Small furrow for sowing seeds in (5) 13 Type of light cake (6) 15 In quick tempo (6) 18 Strict (5) 19 Soothing (7) 21 By the way (2,7) 23 Tooth-like projection on wheel (3) 24 Diplomatic skill (7) 25 Having proper self-respect (5) DOWN 1 Greek gods’ mountain home (7) 2 In an undertone (5,4) 3 Very small amount (5) 4 Weigh mentally (6) 5 Wash and iron (7) 6 Equality in a contest (3) 7 A beast of burden (5) 12 Thereby (4,5) 14 Creation (7) 16 Indebted (7) 17 Suave (6) 18 Sandbank under water (5) 20 To institute (3,2) 22 Small enclosure (3) The Compass Crossword Puzzle The Compass universal kakuro Puzzle 17591 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 17591 ACROSS: 1 Onset, 4 Politic, 8 Yet, 9 Ad nauseam, 10 Protege, 11 Drill, 13 Sponge, 15 Presto, 18 Stern, 19 Restful, 21 En passant, 23 Cog, 24 Finesse, 25 Proud. DOWN: 1 Olympus, 2 Sotto voce, 3 Trace, 4 Ponder, 5 Launder, 6 Tie, 7 Camel, 12 Ipso facto, 14 Genesis, 16 Obliged, 17 Urbane, 18 Shelf, 20 Set up, 22 Pen. What they’re saying Online Letters to the editor Let’s get right to the point. Yes, we all understand ‘innocent until proven guilty’ but where do we draw the line on allowing individuals out on bail? Would the courts allow bail for a suspected serial killer? If so, would that person not be watched carefully? Tell me, please, what is more precious than our children? We allow a man facing numerous allegations out on bail, and what happens next is more sickening abuse that damages a child for a lifetime! We also let suspects of a mass shooting out on bail. A shooting that happened at an event where crowds of entire families were gathered. What are our courts thinking to allow people suspected of highly dangerous behaviour out on the streets again? Yes, I understand they have ‘rights’ but when does the greater good of the community come into play? Must we wait for more children to be sexually abused? Must we wait for another shooting at a community event? We all know that ankle monitors are cut off or removed, so that is not a deterrent. We also need harsher sentences, and if the prison is overcrowded, then instead of putting up 10-storey buildings, please add on to the prison to make room for those that live for evil. Janice Sanders receives payments upon completion. seanfoley74 I disagree. Government should stay out of private industry as far as possible and focus instead on setting the policy and framework that will allow private industry and competition to thrive. This country is fast heading towards a financial precipice with this notion of government providing everything for everyone and no one has to pay for it. Joseph Woods Opinion: We are losing the fight against rising prices We are all aware of the high prices of imported groceries in our supermarkets, especially imports from the UK, which typically sell for three to four times the price in the UK. Of course, these products need to be shipped a long way in refrigerated containers. We were recently in Dubai and Hong Kong and looked at the supermarket prices for the same UK items we see in Grand Cayman. Typically about half the price. Yet the items obviously needed to be shipped just as far or further. Why is this? Is it import duties, higher shipping costs or higher retail margins? Norman L. Have the government remove all the import duties on foods and the rising prices will fall. Michael McEwan It’s not us, it’s corporations recapturing wealth for their shareholders. But that provokes an entire discussion on the ruling class and their greed. Thomas Birmingham There are other islands globally where prices are artificially inflated through the wealth of expats. Ibiza is a good example. The difference is that the farmers markets seem to maintain sensible pricing. I’m no expert in farming but it does seem odd that the farmers markets are similar pricing to the supermarkets. When duty and all the shipping and broker fees are excluded, the prices should be significantly lower. If they were, there would be improved cash circulation in the community that needs it. simon_taylor_payne Private sector left out as civil service parental leave benefits increase Something to consider when increasing paid maternity leave, especially to 6 months as was suggested at the end of the article, is the fact that women of child-bearing age will surely be overlooked for positions in favour of a man. How would this discrimination be regulated? Concerned C. Cayman realtors defend high commissions as pressure builds It’s no surprise that CIREBA would be against this change. They have long enjoyed Cayman’s unfair price fixing cartel-like structure. And the Cayman Islands Government (past and present) has remained unwilling to address this issue. It’s a system that enables prices to exponentially increase to unaffordable for all but the very wealthy. That’s in large part why home ownership is now unaffordable for so many. Nauticalone345 N. We all know and might even be friends with at least a few CIREBA agents, it is almost impossible not to be given the sheet number in Grand Cayman. Some are likely very good at what they do, but it is commodity service for the most part. The behaviour is cartel- like and based on information asymmetry. They have even made cireba.com website less user-friendly recently. If one remembers years ago, the CIREBA listing and MLS used to include things like strata and insurance costs. Now this requires an interaction with your agent so they can “find out” from the other agent. We have too many of them and I would say that many of them don’t deserve the cash they are pulling out of transactions where they appear to add very little value. Ralph W. Another way to rip people off wanting to sell homes and make lots of money for not doing a lot. 5% to 7% commission for a house sale is scandalous so let’s hope everyone takes on a bit of work and sells themselves, rates would soon come down. I know it’s not Cayman but I just did a deal with my local estate agent in the UK who’s selling my late mother’s house for me and got a commission rate of 0.8%. I could expect 2%, but 5% to 7% and more is just having a laugh at people. Only need to sell a few million dollar homes and retirement is on the horizon – greed. Jerry Young Need to rethink bail for certain suspects Cayman’s international connectivity hangs by a thread Be it (clean) energy or communications, it seems our country is painfully slow at recognising the need for ‘the people’ of the Cayman Islands (via government) to have control over, and to be the primary beneficiaries of, critical national infrastructure. But we seem to want to waste more years talking about it while waiting for a disaster to happen first. James Whittaker GreenTech Solar Stop blocking Starlink and allow residents to choose what they want to use as service provider. Cayman is the only Caribbean country showing ‘Service date is unknown at this time’ while all other countries around us have it or are about to have it. This is more monopolistic governmental partnerships with the local provider limiting its people of choices. Will Jacobs So why haven’t we got Starlink? Starlink said they were going to make it available in 2020... when Jamaica got service. Jeff Boucher Why is our government sitting on this report for 18 months and not taking any action? caribbeancanadian This would be easy to finance through a Cayman public bond investment which then cayman compass 4 news N news WEEKLY, 28 MARCH - 4 APRIL 2024ANDREL HARRIS aharris@compassmedia.ky A jigsaw of red-and-yellow caution tape crisscrossing the public beach of Smith Barcadere this week quickly carved up the white sand into tiny no-go zones. Inside the little puzzle pieces of pristine beach, tents of varying sizes, shapes and colours have been erected, put in place to reserve families’ Easter spots. Several miles north, in the remote stretches of Barkers, other families have posted signs advising that the spaces have been reserved. Easter season is upon us and the battle to secure the perfect camping spot has begun. “The trick is to fi nd a spot that is just right, not too much sun, not too close to the sea, but not too far from the road either,” explained Paula Scott, 70, a camping veteran. “Out here, people know me as ‘Brown Suga’ but since last year December, I got a new name, ‘Mayor of the Beach’,” she jokingly told the Cayman Compass before turning to explain the rules to a fi rst-time camper who was trying to fi nd a spot. “You can set up [your tent] next to mine, but no loud music, no cursing, no ganja and no trouble, we have children here,” she said, while wrapped in a large beach towel, still wet from a moonlight swim. While the ‘mayor’s’ rules are generally accepted by her family and those who pitch their tents nearby, camping on public lands is actually governed by section 13 of the Public Lands Regulations Act 2021. No lawless camping Only people who have resided in Cayman for at least six months prior to Easter are eligible to freely camp on public lands; everyone else must apply for a permit from the Public Lands Commission. “The law prescribes a fi ne of up to $500, for a fi rst-time offence, and increases all the way up to $2,000 for a repeat offender,” said a spokesperson for the commission. He added, “Camping is an important part of the Caymanian tradition; it’s really a right of the people. In fact, it is so important, that is has been protected by the law.” But while residents are free to set up their tents, there are other rules that apply to them, such as a 10-day limit. According to section 13(2)(d), campers have a period of 10 days, either before Good Friday or after Easter Monday – anything beyond that could incur a fi ne of $500 for a fi rst offence. “It’s easy to pull up the anchor, but dropping it is another thing,” said Scott, referring to her efforts to erect her seven-tent setup, which was fastened into place some seven days before Good Friday. Other sections of the law also govern the structures that can be temporarily built on public lands for the purpose of camping. Scott’s setup comprises three main tents, one for her and her Shih Tzu dog Milo, and another two for her daughters and their children. In addition, there are two smaller changing/showering tents and one tent which serves as an eating area next to an outdoor kitchen with two gas- powered stoves, a couple of coolers and three hammocks. “This is all we will need to survive,” said Scott. Everything sits beneath four larger outdoor tents which provide protection from sun and rain. To top it all off, a makeshift fence of green tarpaulin runs behind her changing/showering tents for privacy. “The only thing I’m missing is a dial radio because I love me some cricket, and right now cricket is hot ‘n’ heavy and I’m missing out,” she said. Home away from home In other parts of the island, larger, more-elaborate structures of outdoor kitchens and showers made of plyboard and bamboo have been erected. Some sites have zinc fencing around shallow charcoal and wood fi repits. “The law requires that where these things have been erected, they must be removed once people have fi nished camping,” said the Public Lands Commission spokesperson. “Persons should also be mindful of the rules around bonfi res and outdoor barbeques.” But while there are clear rules which govern how, when and where people may camp, residents are plagued with a far more severe problem. Shrinking camping grounds While campers may be competing against each other to fi nd the ideal place to pitch their tents on the local beaches, they’re also facing other challenges. Natural ecological pressures, such as nor’westers, tropical storms and hurricanes, have shifted the sand deposits along Cayman’s coastline, where a thriving beach, once ideal for camping, now contains barren stretches of hard limestone. In addition to the shifting sands, campers contend with the rapid and sustained development Cayman’s camping, tradition faces new and old challenges Easter beach camping has long been a tradition in Cayman. - Photo: Taneos Ramsay An area of Barkers Beach in West Bay, with a reserved sign. - Photo: James Whittaker cayman compass news N news WEEKLY, 28 MARCH 4 APRIL 2024 5OfReg has been ordered to release a report on CUC's costs, but the power company is going to court to block it. - Photo: Taneos Ramsay JAMES WHITTAKER jwhittaker@compassmedia.ky CUC is seeking court action to block the public release of a pair of reports containing details of its costs and the capacity of the Cayman Islands power grid to add new renewable energy. Public sector transparency watchdog, the Ombudsman, had ordered the release of the reports following a protracted Freedom of Information dispute. In a ruling which also highlighted concerns over apparent conflicts of interest involving Grand Cayman’s monopoly utility company, the Ombudsman decided in February that the two documents should be released. Deadline passed A 45-day deadline for regulator OfReg – which has copies of the documents – to make them public has passed. A spokesman for the Ombudsman told the Compass its decision was now subject to an application for leave to apply for judicial review filed by CUC and the release of the documents had to be ‘stayed’ pending the outcome of the application. The regulator spokesman added, “OfReg has been informed by legal counsel for CUC and separately by legal counsel for the Ombudsman, of further legal proceedings on the Cost of Service Study and the Incremental Distributed Solar Study which prevent the release of the documents by OfReg.” No court filing in relation to the case is publicly available as yet. Judicial review applications must pass a preliminary first step to determine if there is sufficient justification for a case to be brought. Once that hurdle is cleared, applicants have a short timeframe to file a motion with the courts, which would then be made public. FOI battle OfReg initially refused a Freedom of Information request from the Cayman Renewable Energy Association for the two documents to be released in full. Both OfReg and CUC had attempted to argue that this was confidential commercial information that would harm CUC’s interests in the upcoming bid process for renewable-energy contracts. But Ombudsman Sharon Roulstone dismissed those concerns on appeal and reversed the decision. Her report suggested the opposite was true, saying it was possible that releasing the records would actually “enhance ‘effective and fair competition’, given that one party already seems to have an advantage”. She also opined that protections for businesses from disclosing pricing information under the FOI Act were less relevant in this case “since CUC does not have commercial competitors”. The Cayman Renewable Energy Association made an initial application through the FOI Act in April 2023 for the release of the two reports. Association president James Whittaker said, “It is concerning and unfortunate that after years of seeking the information contained in these studies from both CUC and OfReg, and even after the Ombudsman ordered the release of these reports, that CUC remains determined to continue hiding information from the public on their costs of service and grid capacity for solar energy. “It is obvious to many of us that CUC’s stated reasons for needing secrecy over this information lacks any merit whatsoever and obviously so do their claims of being a transparent company focused on the best interests of consumers. “We can only hope the courts also agree that CUC’s self-serving desire to keep this vital information away from public view has no merit.” The Compass reached out to CUC for comment and received no response. James Whittaker, president of CREA, and James Whittaker, the writer of this story, are not related. NORMA CONNOLLY nconnolly@compassmedia.ky Facing a civil lawsuit over killings allegedly carried out by its security staff at a pineapple plantation near Nairobi, food company Fresh Del Monte is claiming it cannot be sued in Kenya because it is registered in the Cayman Islands. Two human rights group and 10 individuals filed the suit in December against the multinational company over accusations of violence that have resulted in several deaths at its 15-square-mile farm. According to court documents, Florida-based Fresh Del Monte claims that, because its company is registered in the Cayman Islands, it would not be liable in the case. Both Fresh Del Monte and its Kenyan subsidiary, Del Monte Kenya, are named in the suit, along with a number of government and police officials. The lawsuit was filed following an investigation and reports by the UK’s Guardian newspaper and the Bureau of Investigative Journalism in June last year about killings, assaults and rapes allegedly committed by the farm’s guards. Since that exposé, Del Monte has replaced its local guards with staff from international security firm G4S, and is currently advertising for a ‘human rights manager’ at the farm. Following a backlash that included some major British supermarkets suspending sales of Del Monte Kenya pineapples, the company invited social auditor Partner Africa to carry out a human rights impact assessment. While that report, completed in November, has not been released, a summary of it was sent to UK stores the following month. The Guardian, which says it has seen the assessment findings, reported that Partner Africa had concluded that the farm was causing major human rights harm across multiple areas to its staff and to people living nearby. On 14 March, the High Court in Thika, Kenya, ruled that the lawsuit against the fruit-and-vegetable company could be amended, meaning additional claimants can be added. The company argued in court filings in response to the suit that Del Monte Kenya is a “wholly owned Kenyan registered subsidiary”, and is willing to respond to the allegations. However, it claimed its parent company, Fresh Del Monte Produce Inc., is incorporated in George Town, Cayman Islands and is therefore outside the jurisdiction of the Kenyan court. In a notice of motion to the court, Fresh Del Monte stated that it had “no registered office or place of business in the Republic of Kenya and has been improperly enjoined as a party in these proceedings”. It continued, “There is a real danger of [Fresh Del Monte], which is a foreign corporation domiciled and resident outside the jurisdiction of this honourable court being forced to defend, at great expense, a futile set of proceedings in a court that lacks the requisite jurisdiction over it.” The company’s lawyers had also argued before Lady Justice Florence Muchemi that the lawsuit was “without basis, scandalous, frivolous and vexatious”. Since The Guardian and Bureau of Investigative Journalism report in June, which detailed the deaths of three men over the past four years, there has been further violence at the plantation. Over Christmas Eve and Christmas Day last year, the bodies of four men were found dumped in a river near the farm. The massive plantation, which is surrounded by fencing, is regularly targeted by pineapple thieves, and the allegations of violence stem from the security guards’ responses to those trespassers. The civil suit filed with the High Court in Kenya describes “conflicts with the security personnel deployed by Del Monte, who assault, beat, torture, maim, rape and/ or kill the trespassers”. Cayman-registered Del Monte says it’s not liable for Kenyan farm violence CUC seeks court order to block release of costs report “OfReg has been informed by legal counsel for CUC and separately by legal counsel for the Ombudsman, of further legal proceedings on the Cost of Service Study and the Incremental Distributed Solar Study which prevent the release of the documents by OfReg .” cayman compass 6 news N news WEEKLY, 28 MARCH - 4 APRIL 2024JOEL ADAMS jadams@compassmedia.ky Prosecutors have never used any of Cayman’s anti-gang laws in the more than 12 years since they were introduced. Under provisions added to the Penal Code in 2011, membership of a gang is a crime punishable by up to 20 years in prison. The anti-gang section also lists related offences, including criminal activity in association with a gang and possession of a firearm or bulletproof vest in association with a gang, and gives police powers to disperse groups or demand individuals remove concealing clothing if they suspect gang activity. But despite ongoing gang- related crime – most notably in the 25 Feb. shooting of seven spectators at Ed Bush Stadium during a football match, for which police have still not charged a suspect – no one has ever been prosecuted for gang membership, the Office of the Director of Public Prosecutions has confirmed. During a press conference in the aftermath of the shooting, Premier Juliana O’Connor-Connolly referred to applicable laws, saying, “We do have legislation in… it’s $500,000 maximum or 20 years, for gang membership. “And we will be having those discussions, with the attorney general, with the commissioner of police, that if that is not sufficient or there is further assistance needed to test the membership of gangs, to see where this legislation meets what it’s intended to meet. We’re not going to shy away from that.” The three arrests made since the shooting have been on suspicion of attempted murder and suspicion of possessing an unlicensed firearm, but no reference has been made to gang membership. Defining gangs Legal experts questioned whether the legislation is properly framed given the nature of Cayman’s small gang subculture, whether there was the right supporting legislation on the books, and whether police were using the right tools to be able to support such prosecutions. The amendment to the Penal Code, passed in December 2011, defines gang membership, as “any group, association or other body consisting of three or more persons, whether formally or informally organised, having as one of its primary activities the commission of a serious offence; and any or all of the members of which engage in or have, within the preceding three years, engaged in the commission of a series of serious offences”. Criminal defence attorney Jonathon Hughes of Samson Law, who hails from Northern Ireland, said, “In other jurisdictions, you’ve got proscribed organisations. “The police and prosecutors don’t have to establish what the IRA [Irish Republican Army] or certain loyalist paramilitary groups are. “You have a search warrant and you go into a house for a gun and you find a balaclava and a flag, you can prosecute. “But here you’d have to, first of all, establish that a gang exists, before you can prosecute someone for being a member of it. “That’s just very difficult, particularly in the absence of a piece of legislation by Parliament. “Without legislation, prosecutors would have to do all that groundwork themselves – and then you have the question of who from the street is going to come forward and testify about the existence and membership of a gang?” He also asked whether the framing of the legislation is relevant to Cayman’s gang culture. Section 231 of the Penal Code defines gang membership or identity as follows: “For the purposes of this section, subject to evidence to the contrary, persons shall be deemed to be in the same group, association or other body, whether formally or informally organised, where those persons — (a) have similar tattoos or other body markings; (b) have a similar style of dress; or (c) use similar symbols, signs, codes or mannerisms as a means of identifying themselves with the group, association or other body.” “What does the legislation say? Tattoos, similar dress, symbols,” Hughes said. “Well, this isn’t exactly South America where these guys are tatted up, and that’s one of the reasons why the law hasn’t been used. “In the olden days, you did sometimes see guys with tattoos, initials of what you might call gangs, but they always end up before the courts on something else anyway.” Other prosecution options He pointed out that prosecutors were unlikely to reach for complex gang legislation if they had easier options which would also put dangerous criminals behind bars. “From a prosecutorial point of view, ask yourself, what’s the easiest offence to prosecute? “It’s much easier to try someone for having a gun or committing murder than to establish they’re a member of a gang. “Murder carries life, having a gun carries 20 years, so you’re going to put them away anyway without having to prove gang membership,” Hughes said. His colleague, Oliver Grimwood, made a related point, looking at the definitions of gang membership under the law. “Say you could establish a person is a gang member, and they’re participating or contributing in the activities, and the activities must be commission of serious offences,” he said. “And you know the people they’re doing it with have been convicted in the last three years of committing serious offences. “Well, it would be very rare circumstances that you could establish all of that against Mr X – but could not establish he was committing a predicate offence – for instance, conspiracy to supply drugs, possession of a firearm. That’s going to be incredibly rare. “Here, distributing hard drugs, he’d be looking at 15 years anyway as a starting point. If you’re looking at that, and that level of sentencing, why would you add gang membership? “It might be an extra charge to add to an indictment containing substantive offences, but I’d imagine we’d never see a charge where that were the only charge.” He also questioned whether Royal Cayman Islands Police Service methods are conducive to successful prosecutions under the anti-gang laws. Taking one example, he explained that in the UK police conducting stop-and-search will note the identifying IMEI number of a suspect’s cellphone. Drug phone lines, used by dealers to sell to users, are run from a SIM card which is moved from handset to handset depending on which member of a gang is controlling the line on a given night. So when, during some future stop, police find the SIM itself, they can discover which handsets it has been used in, and based on their records of handsets identified during stops-and-searches, can arrest and charge other gang members whose phones have hosted the SIM card, Grimwood pointed out. “If this legislation is to be utilised, it will require the police to start to have a much more data- driven approach to policing, to have a system where they can cross- reference teams working together. But you get the impression that it is very pocketed,” he said. “They might have informal intelligence – but that’s street gossip; that’s what most intelligence is. “Documented intelligence which can go from being an investigatory tool to an evidentiary one which could form part of a court case, that’s a different thing. “The legislation may be perfectly fine, but it only works if you put the right inputs in. You can have a great car but if you’re not going to put gas in, it’s just a piece of metal.” The RCIPS declined to comment for this article. The director of public prosecutions was not available for comment. Cayman’s anti-gang laws have never been used by prosecutors “If this legislation is to be utilised, it will require the police to start to have a much more data- driven approach to policing.” Oliver Grimwood, lawyer Premier Juliana O’Connor-Connolly discusses anti-gang legislation at a 26 Feb. press conference about the Ed Bush Stadium shooting the night before. - Photo: File Oliver GrimwoodJonathon Hughes cayman compass 7 news N news WEEKLY, 28 MARCH - 4 APRIL 2024FOR WORK, REST OR PLAY – STAY WITH US! PRIVATE RETREATSAMAZING RATESBEACH FRONT BLISS 1.345.945.4144 | reservations@caymanvillas.com | www.caymanvillas.com | Cayman Villas goes the extra mile to create a unique holiday experience for all our guests. Our on-island specialists are here to ensure you find your perfect holiday or business retreat. View or book all our 70+ properties online or call us today to find your Cayman home away from home! ANDREL HARRIS aharris@compassmedia.ky What are the chances that a person could end up with $4,020 worth of US bank notes sequentially ordered and still in mint condition? This was the question that prosecutors sought to answer during the ongoing trial of four people accused of being involved in a half-a-million-dollar burglary of the Royal Bank of Canada’s Shedden Road branch eight years ago. The money was discovered in the possession of Eliza Webster who, together with her husband Elton David Webster, were attempting to leave Cayman three weeks after the 22 June 2016 burglary. “My experience is that while it is possible for someone to have a quantity of cash in mint condition and still sequentially ordered, they must have had it dispersed from a teller or a machine,” said Deborah Ebanks who has headed CIMA’s currency division for the past 15 years. Ebanks, while giving evidence on Monday, 25 March, told the jury of five men and seven women that, in most instances, money in mint condition is quickly circulated once it reaches the hands of consumers, and very rarely would someone be found with signficant quantities of sequential bills in such good condition. During cross examination, defence lawyers pointed out that it is not uncommon for individuals to come into possession of large amounts of banknotes in mint condition that are sequentially ordered, such as when a person withdraws money to purchase a car. “Another example is the fact that I have just received two US$20 bills both in sequential order, and very good condition,” said Amelia Fosuhene. “I am now going to give them to Mr. (Crister) Brady and, just like that, the money has passed from a teller at the bank and through the hands of two attorneys to a third, and the money is still in sequential order and in the same condition.” She added, “So it is possible for money to be circulated by numerous people and still maintain its condition.” The example was accepted by Ebanks, who noted that each scenario was plausible. The US$4,020 in question was part of more than $7,000 that was taken from Eliza Webster at the airport, and eventually resulted in her being charged with possession of criminal property. Subsequent investigations showed that the US bank notes found in her possession were issued by the US Federal Reserve and transferred to a Miami-based Bank of America before being shipped to RBC’s Shedden Road branch 15 days before the burglary. When asked how she came into possession of the money at the time of her arrest, she told officers that she had collected the cash from her personal savings and loans from her parents and friends. Subsequent investigations would later reveal that phone data placed Elton Webster in constant contact with David Samuel Bodden Jr. and Statan Omar Clarke – the other two defendants. The three men are jointly charged with burglary. Bodden, who was employed with the bank at the time of the well-planned theft, is said to have been the inside man who provided information on where the money was stored and how to access it. A total of CI$464,910 and US$126,187 was stolen from cash- dispensing machines at the bank. Apart from the $4,020 seized by officers, the money was never recovered. All four defendants have denied the charges against them and remain on bail. The trial continues before Justice Roger Chapple. Royal Bank of Canada burglary case Suspect had thousands of dollars in mint condition More than half a million dollars was stolen during a burglary of the RBC's Shedden Road branch in July of 2016. - Photo: Taneos Ramsay cayman compass 8 news N news WEEKLY, 28 MARCH - 4 APRIL 2024cayman compass 9 WEEKLY, 28 MARCH - 4 APRIL 2024Next >