Mango Habanero or Jerk Chicken Sandwiches cayman compass Your most trusted news source Established 1965 Weekly, 7 - 13 June 2024 First deputy governor Donovan Ebanks passes Page 7 In photos: Out of This World concert Pages 22-23 Free Inside Airbag was supposed to keep Dr. Amber Martinez safe; inquest finds it killed her. Pages 3 & 5 Fatal flaw EMERGENCY GUIDE 2022 1 FRIDAY, 27 MAY 2022 2024 HURRICANE FORECASTFIRE SAFETY EARTHQUAKE SURVIVALSouthwest adds Cayman to new direct flights A full flight of 143 passengers touched down at Owen Roberts International Airport on Tuesday, 4 June, marking the first direct Southwest Airlines flight from Orlando, Florida, to come to the Cayman Islands. Cayman joined half a dozen other tropical destinations added to Southwest’s roster that day, as several inaugural, non-stop flights touched down across the Caribbean and Latin America. The airline said the day marked the launch of its “largest summer flight schedule ever”. The Orlando flights are replacing Southwest’s service out of Fort Lauderdale, the airline’s former hub. Dancers and Ministry of Tourism representatives greeted the travellers as they arrived. Some visitors said it was their first time coming to the Cayman Islands, and they appreciated the accessible flight. Tourism Minister Kenneth Bryan told the Compass that the new daily routes are a boon to the islands’ tourism industry. This new route comes shortly after direct Cayman Airways flights to Barbados from Cayman were cancelled due to lack of passengers. East End police raid results in two drug arrests Police officers headed an operation at an East End home that led to the arrest of two men on drug-related charges. Officers arrived at the home at about 11:30am on Sunday, 2 June, according to a Royal Cayman Islands Police Service press release. Police arrested one man, 46, at the residence after finding drugs in his possession. The other man, 31, saw the police arrive and fled from a nearby car, in which officers found “a quantity of ganja and drug paraphernalia.” Officers arrested the second man on Wednesday, 5 June, finding additional ganja in his possession. They searched the house but did not find anything beyond what the men had in their possession. Police arrested the pair on suspicion of possession with intent to supply ganja and cocaine. Driving under influence leads to several arrests Police arrested several drivers who appeared to be operating under the influence of alcohol, including one man who was three times over the legal limit, during operations on Saturday, 1 June in Grand Cayman and Cayman Brac. An early morning collision in Cayman Brac resulted in two arrests, after one driver refused to supply a specimen to officers and another driver appeared to be under the influence, according to the Royal Cayman Islands Police Service. A 52-year-old man driving a Jeep and a 19-year-old woman driving a Honda collided around 2:20am on Cotton Tree Bay Road. The man refused to supply a specimen, resulting in his arrest, and the woman was arrested on suspicion of DUI. The woman was also treated for minor injuries at Faith Hospital. Meanwhile in Grand Cayman, officers observed a driver on Cypros Road come to a full stop near Kennedy Drive. They approached the vehicle, which remained stationary with its lights on, and found a 52-year-old George Town man asleep behind the wheel. A roadside breath test found him to be three times over the legal limit for alcohol and he was arrested on suspicion of DUI. Earlier Saturday, around 1:50am, police responded to a single-vehicle collision on South Church Street near Denham Thompson Way. When officers arrived, the driver had left the scene, but he was soon located nearby carrying a small bag. “However, while speaking to officers he soon began behaving aggressively, making threats and damaging a phone belonging to one of the officers. In addition, officers detected the scent of alcohol on his breath,” RCIPS said. The 24-year-old Bodden Town man was then arrested on suspicion of leaving the scene of an accident, DUI and damage to property. “These incidents serve as a reminder to the public to refrain from driving while under the influence of any alcohol or drugs,” said Superintendent Roje Williams in a press release. Public facilities for Frank Sound Beach come before planning board The government has applied to the Central Planning Authority to add restrooms and cabanas to Frank Sound Public Beach. At the cost of $200,000, the application on behalf of the Ministry of District Administration and Land, includes the addition of a building for restrooms and showers, one vendor kiosk, four cabanas, and six parking spaces. The beach currently has a boat launch and dock. The matter previously came before the CPA in April, but was adjourned to enable the National Conservation Council to consider the application, as it was likely to have an adverse effect on a Marine Protected Area. The site is located adjacent to a marine reserve and the beach is turtle nesting habitat. The Department of Environment, in comments made under delegated authority from the National Conservation Council, is recommending that an overall comprehensive policy for all public beaches be drawn up. It stated, “Whilst the DoE supports public beach options for the community, not every Public Beach should be highly developed nor do they all need to have the same facilities. Some people want natural beach options as well, where they can sit under shade trees with their towels.” The proposal was considered by the Central Planning Authority at its 5 June meeting. Burglary, drug and firearm charges laid in separate cases The RCIPS announced formal charges for a number of separate cases that were scheduled to appear in court on Monday, 3 June. A 35-year-old George Town man, arrested 29 May, was charged with two counts of burglary relating to two separate burglaries, on 22 and 27 May, at a bar on Bodden Town Road. Another man, age 56 of West Bay, was charged in a separate case with possession of an unlicensed firearm, possession of an unlicensed firearm (ammunition), possession of cocaine with intent to supply, and possession of ganja. The West Bay man was arrested on Thursday, 30 May, after police searched a residence and recovered firearms, ammunition and drugs. A 47-year-old woman, also arrested after the search, has been released on bail. In another case, a 22-year- old Bodden Town man was charged with attempted robbery, possession of an unlicensed firearm, and possession of an unlicensed firearm (ammunition). He was arrested on 28 May following an attempted robbery and altercation in North Side, the RCIPS reported. The Bodden Town man was also charged with two counts each of burglary and handling stolen goods, relating to two other unrelated incidents in North Side. Matinees (matinee price before 6pm) • Seniors $10.00 (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. FURIOSA: A MAD MAX SAGA (R) (FRI, MON, WED) 7:00 VIP | 9:00 (SAT) 7:00 VIP | 9:10 (TUES, THURS) 9:00 IF (PG) (FRI, SUN, MON-TUES) 4:05 VIP | 4:10 (SAT) 1:00 | 4:05 VIP | 4:10 (WED) 4:05 VIP (THURS) 4:10 KINGDOM OF THE PLANET OF THE APES (PG-13) (FRI-SAT, MON-THURS) 6:45 | 9:20 VIP (SUN) 6:40 VIP | 6:45 | 9:00 | 9:20 VIP THE FALL GUY (PG-13) (FRI-SAT, MON-THURS) 9:35 (SUN) 4:15 | 7:30 VIP | 9:35 | 9:50 | 9:55 VIP THE GARFIELD MOVIE (PG) (FRI, MON-WED) 4:25 VIP | 4:35 | 7:05 (SAT) 1:30 VIP | 2:00 | 4:25 VIP | 4:35 | 7:05 (SUN) 4:10 VIP | 4:35 | 7:05 (THURS) 4:15 VIP | 4:35 | 7:05 THE WATCHERS (PG-13) (FRI, MON-THURS) 3:45 | 6:30 | 6:45 VIP | 10:00 | 10:15 VIP (SAT) 1:30 | 1:50 VIP | 4:00 | 6:40 | 6:45 VIP | 10:00 | 10:15 VIP (SUN) 3:45 | 5:00 VIP | 6:30 | 6:45 VIP | 7:20 | 10:00 | 10:15 VIP WHAT’S PLAYING THIS WEEK BAD BOYS RIDE OR DIE (R) (FRI) 4:00 | 6:30 VIP | 7:00 | 9:15 VIP | 9:45 (SAT) 1:00 VIP | 1:15 | 3:55 VIP | 4:00 | 6:40 VIP | 7:00 | 9:25 VIP | 9:45 (MON, WED-THURS) 3:45 VIP | 4:00 | 6:30 VIP | 7:00 | 9:15 VIP | 9:45 (TUES) 3:45 VIP | 4:00 | 7:00 | 7:20 VIP | 9:45 | 10:05 VIP10:05 VIP CLASSICS HARRY POTTER & THE ORDER OF PHOENIX TUESDAY 7PM VIP (PG-13) KIDS CLUB HARRY POTTER & THE ORDER OF PHOENIX SATURDAY 10AM VIP AVAILABLE (PG-13) KIDS CLUB HARRY POTTER & THE GOBLET OF FIRE SATURDAY 10AM VIP AVAILABLE (PG-13) FIND US ONLINE Caymancompass.com Facebook.com/Caycompass cayman_compass@cayCompassCayman Compass PRINTED AND PUBLISHED BY: Cayman Compass Ltd. 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WINDS South to southeast at 5 to 10 knots. 89°F HIGH 78°F LOW NEWS EDITOR CAROLINE JAMES ISSUES EDITOR JAMES WHITTAKER HEAD OF SALES CHERYL BIRCH-GILLIES news in brief Cayman Islands representatives welcome passengers and flight crew from the inaugural Southwest Airlines direct flight from Orlando. - Photo: Dana Kampa cayman compass 2 N news WEEKLY, 7 - 13 JUNE 2024NORMA CONNOLLY nconnolly@compassmedia.ky A piece of metal that shot from a defective airbag “like a bullet” was found lodged in the neck of the late Dr. Amber Martinez, who died in a fiery car crash in East End in 2022, a Coroner’s Court jury heard. The jury delivered a verdict of death by misadventure on Wednesday, 5 June, after hearing three days of evidence, during which it was revealed that the Honda Fit that Martinez was driving was subject to a worldwide recall of faulty Takata airbags. Forensic pathologist Dr. Ashwyn Rajagopalan told the jury of three women and four men that it appeared that the shrapnel from the airbag inflater caused the fatal injury that took the life of the 29-year-old Health Services Authority doctor. Rajagopalan, his original findings following the autopsy on the body, had stated Martinez died of blunt force trauma, most likely caused by the collision of her 2008 Honda Fit into a tree at the bottom of a steep embankment along the Queen’s Highway on 21 Oct. 2022. However, he subsequently amended his findings to indicate he now believed the fatal injury to her neck had been caused by the projectile from the airbag inflater, which likely shot through her throat and fractured the front of her C3 vertebrae, causing instantaneous death. He told the court there was no sign of soot or smoke in her lungs or airways, indicating she was dead before her car was engulfed in flames, a few minutes after her vehicle veered off the road and down a steep slope on the Queen’s Highway around 6am that day. She died within 200 feet of her home, having just left there to drive to work in a car lent to her earlier by her godfather, Robert Campbell. Unbeknownst to Campbell, the car was subject to the Takata airbag recall. It had been previously licensed and inspected several times at the Department of Vehicle and Drivers’ Licensing centre on Crewe Road. Campbell had intended to have it inspected and licensed again on the day of the fatal crash, the court heard earlier. ‘Unbelievable coincidence’ The pathologist said he had attributed little significance in his initial report to the piece of metal found in Martinez’s neck, thinking it had been transferred to the body during the blaze or during removal from the vehicle. That piece of metal, measuring less than one inch and weighing 20 grams, resembled a small shattered metal and plastic cap. When it was recovered from the victim’s neck, it still bore a label with a partial barcode, and a code number was still visible. This was later identified by an airbag expert, hired by the family, as being a component from the Takata airbag inflater inside the steering wheel. Rajagopalan told the court it would be an “unbelievable coincidence” if a metal projectile found at the site as the fatal neck injury was not responsible for the doctor’s death. “It is my view that if the metallic projectile recovered from the neck is essentially a piece of the car that can act like bullet under its own power, so to speak, it would certainly be a better explanation than motor vehicle trauma or flexion extension injury sustained during the crash,” he said. Hot, humid conditions degrade material Michael DiCicco, the US expert witness hired by the Martinez family who confirmed that the metal fragment was a part of the airbag, explained in his evidence on Wednesday via Zoom that the explosive material – or propellant – that enables the defective airbags to deploy degrades in humid and hot conditions, causing over-pressurisation. He said the material typically begins to degrade and “swell up like a marshmallow over a fire” after about seven years because, as it is not adequately hermetically sealed, moisture gets in. This causes the material to change shape from a hockey puck-type shape to a ball shape, and splits apart the booster tube in which it is held. “The tube just gets accelerated like a bullet,” DiCicco said, with the top of it typically striking the vehicle’s occupant in the head, neck or upper chest. In his opinion, he said, the airbag had deployed when the car hit a tree on the embankment’s slope; although by his calculations, the car would have been going at a speed that would normally be too slow to trigger the airbag deployment. Traffic accident reconstructionist Collin Redden, who also gave evidence this week, said the deployment of the airbag could have been triggered as early as when its undercarriage scraped the asphalt road surface as the left front wheel of the car began descending the slope or as late as when it struck a tree more than five feet down the embankment. No time to react DiCicco said the inflater can fire faster “than the blink of an eye”, in .03 seconds, meaning the driver would not have any time to react. The court had heard from Redden that it was likely Martinez had been incapacitated in some way, based on the fact that she had not accelerated, braked or turned her steering wheel in response to the car beginning to veer off the road. The jury also heard evidence that Martinez had been wearing her seat belt at the time of the crash, there were no signs of alcohol or drugs in her blood stream, she had not been on her phone and she was not speeding. After the car fire was put out, her body was found to be slumped between the driver’s and passenger’s seat. DiCicco told the jury that based on the position of the piece of metal found in her neck, she must have been sitting upright when it fired. “She cannot have been slumped over when the airbag went off,” he said. DiCicco told the jury that, in the United States, there had been 23 fatalities and more than 400 injuries reported in relation to the faulty Takata airbags. Describing the ejection of the inflater part during the deployment of the faulty airbags, he said, “It’s an explosive event, so it’s literally like a bullet or grenade going off.” DiCicco noted that the Takata airbag recall – which affects many makes and models of vehicles, not just Hondas – first began in the United States in 2003/2004, and became official in 2015. He stated that in the US, priority on replacing the recalled airbags was given to southern states like Florida, where temperatures and humidity are higher than in northern states. Family’s grief Martinez’s parents, sister and other family members were in court throughout the inquest. The family’s efforts in hiring the expert and lawyer to determine the origin of the metal fragment was what led to it being identified as an airbag part. Speaking after the jury had returned their verdict, father Barry Martinez told the Compass the family wondered how many other people had been affected by the potentially deadly airbag inflaters, and said they wanted to ensure that everything possible is done to rectify the problem. He said he hoped changes could be made to ensure locating cars that should not be on the road. Dr. Amber Martinez poses at her medical school graduation ceremony in 2022. She was killed after being struck by a piece of metal from a defective airbag in October that same year, a Coroner's Court jury has heard. - Photo: Supplied Inquest: Shrapnel from faulty airbag shot ‘like a bullet’ into doctor’s neck “Hopefully, nobody else will have to go through what we went through unnecessarily.” Barry Martinez, father of Dr. Amber Martinez Dr. Amber Martinez’s father Barry, centre, stands with her mother Joanne and sister Chynna to his right, with family members who attended the three-day inquest, along with their lawyer Alex Davies of HSM, outside court on Wednesday, 5 June, following the delivery of the jury’s verdict of death by misadventure. – Photo: Norma Connolly cayman compass 3 news N news WEEKLY, 7 - 13 JUNE 20241234567 89 101112 13141516 17 181920 212223 2425 1234567 89 101112 13141516 17 181920 212223 2425 ACROSS 1 Correct in all details (5) 4 Passage (7) 8 Set in rivalry (3) 9 Extremely distasteful (9) 10 Directory about notable people (4,3) 11 Haul down (5) 13 Think out (6) 15 Give a sermon (6) 18 Temporary obstacle (5) 19 Craftsman (7) 21 Formidable older woman (9) 23 Possesses (3) 24 Of little substance (7) 25 Amiably eccentric (5) DOWN 1 Give authority to (7) 2 Traveller in space (9) 3 To cast (5) 4 Walk very stealthily (6) 5 Lean and bony (7) 6 Health resort (3) 7 Private teacher (5) 12 True state of things (5,4) 14 Tragedy by Shakespeare (7) 16 Integrity (7) 17 Bother persistently (6) 18 A settled tendency (5) 20 Set foot (5) 22 Metal container (3) The Compass Crossword Puzzle The Compass universal kakuro Puzzle 17651 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 17651 ACROSS: 1 Exact, 4 Transit, 8 Pit, 9 Repugnant, 10 Who’s who, 11 Lower, 13 Reason, 15 Preach, 18 Hitch, 19 Artisan, 21 Battleaxe, 23 Has, 24 Tenuous, 25 Dotty. DOWN: 1 Empower, 2 Astronaut, 3 Throw, 4 Tiptoe, 5 Angular, 6 Spa, 7 Tutor, 12 What’s what, 14 Othello, 16 Honesty, 17 Harass, 18 Habit, 20 Tread, 22 Tin. What they’re saying Online Letters to the editor Public humiliation is a fear that plagues many individuals, regardless of age or social status. The idea of having one’s mistakes or personal information aired for the world to see can be terrifying. In today’s digital age, where social media platforms have become the norm for communication and expression, this fear has become amplified. Those who have large followings or platforms, such as influencers, celebrities, or even just ‘regular’ social media users with a significant following in a very small community, have the power to perpetuate this fear. By sharing or spreading rumours, personal information, or negative comments about others, they can incite public humiliation and fear in individuals. Some people believe that you can only learn from your mistakes if you’re embarrassed by them, not realising that posting someone’s personal mistakes publicly doesn’t help; in fact, it has the biggest negative impact of all. When someone uses their platform to shame others or share private information, they are not just engaging in gossip – they are actively bullying and, in the circumstances, cyberbullying. This can have serious consequences for the person on the receiving end, leading to mental health issues, damaged reputation, and even potential harm to their personal and professional lives. Unfortunately, many of us fail to recognise the impact that these actions have on others and the perpetuation of fear and negativity. We often turn a blind eye to such behaviour or even partake in it ourselves, without realising the harm that it causes. It is important for us to hold those with public platforms accountable for their actions and to call out bullying and cyberbullying when we see it happening. By doing so, we can create a safer and more positive environment for everyone. In conclusion, public humiliation is a very real fear for many individuals and those who perpetuate this fear on their platforms are engaging in harmful and damaging behaviour. Everyone who encourages and partakes in supporting such While the new airport is a vast improvement and much needed to address the massive crowd at peak hours, it would be nice if security workers would recognise that frozen liquids are not liquids. They are solids. Dry ice is also a solid that becomes a gas. A basic chemistry class would confirm this. Those of us that travel with food and perishables would like to be able to use a freezer pack and not have it confiscated and tossed in the trash. This doesn’t seem to be a problem in other international airports. Interesting that my ice pack wasn’t a problem leaving the Brac, but became one leaving Grand. Susan Jaques Time to be held accountable Note to airport: Ice is not a liquid Developer carries out unauthorised land clearing by proposed road extension The government needs to make a law that whoever clears land without permission forfeits that land to the National Trust for the Cayman Islands. Period. Shirley Roulstone Fine them, don’t honour their concessions, or revoke their permits. When will there be penalties for these people just doing whatever they want? Sean Rankine Fines are less, and quicker than application... AKA, it’s better to ask for forgiveness, than for permission. Clinton Ebanks Guess they’re CONFIDENT that the application will be approved. How many are we seeing that’s refused? Darlene Glidden Possibly unknown to everyone, our Islands’ forests consist of many endemic and critically endangered species of plants and animals. Being so close to the Mastic Reserve, the very least a developer can do is go through the proper protocol to ensure that no habitat for said species is being disturbed. These things are important to Caymanian people and it’s very disgusting behaviour and outright disrespect when people with money come along and have no regard for things we know and love as Caymanians. The development should be denied approval and they should be fined an amount that will make anybody else think several times before being so ignorant again. It’s time to educate ourselves and learn the value of our bush! For lack of knowledge, many will perish. And I’d just like to point out that it’s only getting hotter so the more tree foliage that is destroyed the worse the heat becomes. Jared Bush If they can afford to clear 33 acres of land without all the permission they should be able to afford to pay three times that cost in fees. redx3ky Prime example of easier to get forgiveness than permission. I hope they make an example of them. shaybb345 Heat-stroke deaths spark concern for Cayman’s pets Remember your dog is wearing a fur coat. Imagine you walking down the street in a fur coat, think how that would feel! Sharm Coe I’m not quite sure how these pet owners are ‘loving and responsible’ . You should know if you have these types of dogs that you cannot walk them in the midday sun. Sounds irresponsible and neglectful. These cases should be investigate and prosecuted just as cases of physical abuse. Get a local mutt. Desle Francis Gov’t to fund $8M worker housing costs for Brac school construction You know how far $8 million can go to assist Caymanians during this global financial crisis? Why is the government funding housing for a private sector contract? Get the contractors to ship 20-foot containers and adapt them to temporary housing for this project. Pull them down and ship them out at the end. Sandra Solomon Wow, this is why our Islands desperately need some type of independent fiscal review body to assess government’s budget and its short/medium/ long-term financial impact! I remember the government having their various departments and organisations carrying out individual (strengths, weaknesses, opportunities and threats) analysis. Hmm, wonder what an overall SWOT analysis of the Cayman Islands would presently show? Anita Ebanks platforms are no better than the hosts themselves. It is crucial that we collectively take a stand against cyberbullying and hold each other accountable. Let us strive to create a more respectful and safe online community for all. Mario Rankin cayman compass 4 news N news WEEKLY, 7 - 13 JUNE 2024WEEKLY, 7 - 13 JUNE 2024NORMA CONNOLLY nconnolly@compassmedia.ky Just days before a Coroner’s Court jury heard a local doctor had been killed by a faulty airbag, Cayman’s Department of Vehicles’ and Drivers’ Licensing made a public announcement that it would not license vehicles with the defective devices, which are subject to a worldwide recall. The Honda Fit being driven by Dr. Amber Martinez at the time of her death had received several vehicle licences and passed inspections, despite being subject to the Takata airbag recall. On Thursday, 30 May, the DVDL, in an announcement said it was pushing for urgent action from car dealerships to identify defective airbags that could result in serious injuries and fatalities. The DVDL, in its statement, said vehicles in Cayman that are identified as “potentially hazardous due to defective airbags” will not be licensed until proof is provided by dealerships that the airbags have been replaced. It called on all car dealerships in Cayman to help track down vehicles with the faulty airbags, manufactured by Japanese automotive parts supplier Takata. The airbags were installed in many car models, mostly from 2002 to 2015, affecting vehicles manufactured by Honda, Toyota, Ford, Fiat Chrysler, BMW, Mazda and Volkswagen, among others. Approximately 100 million Takata airbag inflators are being recalled because the airbags can deploy explosively, firing shards of metal into the interior of the vehicle – even in minor collisions – causing serious injury or death. A Last month, car manufacturer Nissan issued a ‘Do Not Drive’ warning to the owners of some 84,000 of their vehicles with the airbags. Similar warnings have also been issued by Honda, Ford, BMW, Toyota, Stellantis and Mazda. Immediate action needed In Cayman, the DVDL called on all car dealerships across Grand Cayman to take “immediate action to address this significant safety concern”. It said dealerships are required to: • Identify affected vehicles: Utilise provided lists and databases to identify vehicles in their inventory or customer base that are equipped with the defective Takata airbag inflators. • Contact customers: Notify owners of the affected vehicles about the recall, providing clear instructions on the inspection and replacement process. • Repair and document: Ensure prompt and accurate repairs according to manufacturer specifications, and maintain detailed records of all inspections and replacements. The DVDL said it would provide ongoing updates and support to individual dealerships, and will not issue a licence to any vehicle with the defective airbags. In the release, the DVDL said it was updating its roadworthiness inspection procedures to write off vehicles with compromised safety components, to ensure they do not pose a risk on the roads. It advised drivers to contact their dealership immediately to determine if their vehicle is affected by the recall, and make arrangements for a replacement of the faulty airbag inflator as soon as possible. “The swift and thorough cooperation of dealerships and vehicle owners is crucial to eliminating the threat posed by these defective airbags and ensuring the safety of our community,” the DVDL stated. Roy Bush, the DVDL’s supervisor of vehicle inspections, told the Compass that only the authorised dealerships could carry out the airbag replacement, and the work could not be done by other garages. He added that any vehicles subject to the airbag recall that did not have necessary paperwork attesting that the airbag had been replaced would fail inspection at the DVDL and would not be licensed to drive on local roads. Free replacements The recall has been going on for several years, with local dealerships in Cayman, such as Vampt Motors and Car City, carrying out Takata airbag replacements for free. Tara Hauck, marketing coordinator at Vampt, a Toyota and Ford dealership, told the Compass that the company had replaced faulty airbags in 64% of affected Ford and Toyota vehicles on island. Vampt, on its website, has a blog dealing with the issue, titled ‘Fix It, Don’t Risk It’, outlining the process of getting a potentially defective airbag replaced. Hauck said one of the challenges to replacing every airbag is vehicles sold on the ‘grey’ market, that are brought onto the island privately or by non-dealership companies, so the dealerships aren’t aware of their existence. She said the move by the government and the DVDL to take the step of refusing to license vehicles that do not have a clearance letter from a dealership will be a major help in ensuring that defective airbags are replaced. At Vampt, she explained, anyone who owns a Toyota or Ford can simply contact the dealership, give it the VIN of the vehicle, and a quick check will establish if that car is subject to the airbag recall. For more information on the recall, visit the DVDL website. Faulty airbags are the subject of a worldwide recall. - Photo: File No DVDL licences for faulty airbag vehicles “Some people believe it’s troublesome to themselves because now they have to go through X, Y and Z, and inspections, and stuff like that, but you may be saving a family member’s or your own life,” he said. “Hopefully, nobody else will have to go through what we went through unnecessarily,” he added. “Amber wouldn’t have expected anything else from us.” Local car dealers, including Honda dealership Car City, have been carrying out replacements of the recalled airbags for several years. Four days before the inquest began, the Department of Vehicle and Drivers’ Licensing published an announcement regarding the airbag recall, asking dealerships to help track down affected vehicles and replace the faulty components. The DVDL stated that it would no longer licence vehicles that are subject to the Takata recall unless the owner has documentation from dealerships proving that the airbag has been replaced or repaired. ‘Bright star’ Coroner Angelyn Hernandez, in her summing up of the case to the jury, described Martinez as a “bright star” who had everything to live for. She had recently graduated from medical school, had started working at the HSA and had been looking forward to being the maid of honour at her sister Chynna’s wedding a week later. Hernandez told the jury the last words her father Barry had said to Amber were, “Be careful on the road”, as the road was wet. After the jury delivered its verdict, Hernandez said she had a duty under the Coroner’s Act to send a report “to the necessary bodies so as to avoid any similar deaths on the island”, adding that she had already sent two similar reports regarding Honda Fits to the relevant entities. Shrapnel from faulty airbag shot ‘like a bullet’ into doctor’s neck Dr. Amber Martinez was killed on 21 Oct. 2022. - Photo: File The estimated number of vehicles worldwide that are subject to the faulty Takata airbag recall 100 million cayman compass 5 news N news WEEKLY, 7 - 13 JUNE 2024Road through blue iguana territory in East End sparks new court battle JAMES WHITTAKER jwhittaker@compassmedia.ky A landowner who built a 2-mile- long road through “critical blue iguana habitat” has sparked a new court battle between planning and conservation officials. The National Conservation Council and the Central Planning Authority are set to resume their legal feud over how development decisions which impact the environment are decided. This time the case centres on the planning body’s decision to grant after-the-fact approval to lawyer James Bergstrom for a road through his land in East End. The landowner, identified in court documents under company name Bon Crepe, built the road without seeking planning permission, according to an application for judicial review filed by lawyers acting for the conservation council. The court filing suggests the road, on land which borders the Salina Reserve and the Colliers Wilderness Reserve, has an “adverse impact on the critical habitat of the Grand Cayman Blue Iguana” which is a globally endangered species protected by law. It indicates the road was constructed in “flagrant breach” of both planning and environmental control. The council placed an interim directive in February 2023 under the National Conservation Act to protect the land and the two wilderness reserves. Despite this, the court filing indicates that the CPA granted retroactive planning permission for the development in March of this year. “That grant of planning permission was unlawful,” the conservation council argues in the court filing, citing the legal requirement for the planning authority to consult the National Conservation Council and take its direction on applications that impact the habitat of protected species. It is seeking a court order revoking the planning permission and compelling the planning department to take enforcement action against the owner. Owner defends ‘hiking trails’ Bergstrom is not directly involved in the judicial review case but his company Bon Crepe is listed as an interested party. In submissions to the Central Planning Authority he has maintained that the road on his property is an “internal rough track” for hiking and to provide access for farming. A wider stretch of road, built on a neighbouring piece of property at the request of the landowner, runs over an existing vehicular right of way, Bergstrom has claimed. Based on this and “convention at the planning department for many years”, he has stated he did not believe he needed planning permission for the road and trails. He has also argued that there has been no evidence of any impact on blue iguanas or blue iguana dens from the road construction and that the conservation council’s interim directive places a “significant restriction” on the rights of the owners to their property in land that is zoned for agricultural and low-density residential development. Bergstrom has indicated that he has appealed to Cabinet seeking the repeal of the council’s interim directive, arguing that measure is designed for temporary use only. The proper way to regulate private land that is deemed to be critical habitat for key species would be through a Cabinet-approved conservation plan, crafted in consultation with the owners, he argued in submissions to the CPA. He has also argued that the Conservation Council’s interim directive effectively makes his land (and his neighbour’s) part of the National Trust reserves. In a submission to the CPA, his representatives indicated, “the only outcome which appears acceptable to the DOE (Department of Environment) is no human use or development on any of the affected land. This renders the land unusable and has a significant impact on its value.” Council claims planning board erred The CPA granted retroactive planning permission for the road project in March. Its reasoning, quoted in the court filing, suggests it felt it did not need to consult the conservation council over the potential adverse environmental impacts of the road because the “road already exists” and therefore it couldn’t impose any conditions that would alter its impact. The council had asked that enforcement action be taken to restore the area to its natural state. The CPA notes also highlight its decision to restrict use of the road to “recreational use”. The notes add, “removal of the existing road would have greater adverse effect than leaving the existing road in situ”. The court filing argues that the CPA was wrong on all of these points and had a legal obligation under the National Conservation Act to consult and follow the direction of the council or to provide detailed reasoning for deviating from its expert opinion. Two government bodies face off in court again It is the second time the courts have been asked to mediate a dispute between the conservation council and the planning authority – two of the key government bodies responsible for overseeing development in the Cayman Islands. The conservation council’s court application leans heavily on the Court of Appeal decision in the first case, which affirmed that the council has the final decision on applications that are likely to have an impact on protected areas. That case centred on an application to restore a cabana and seawall on the edge of the Seven Mile Beach Marine Park. Summarising that judgment in its most recent application, lawyers for the NCC wrote, “Where development would risk adverse environmental effect, permission cannot be granted without consulting (the National Conservation Council). “If the risk of adverse effect relates directly or indirectly to the critical habitat of a protected species, permission cannot be granted without the approval of the (NCC).” It argued that permitting a developer to evade the impact of the National Conservation Act by developing in defiance of planning legislation would “give an improper advantage to rogue developers and would encourage unlawful action”. The court filing indicates that the planning authority had also failed to address the advice from the council that removing the road and remediating the critical habitat would be environmentally beneficial, and had failed to provide “cogent and compelling reasons” to justify taking a different view. The council is seeking an order from the court quashing the planning permission for the road and a subsequent “purported modification” of that permission and an order requiring the CPA to decide whether to take enforcement action against the developer after consulting the National Conservation Council. Civil war over planning approvals James Bergstrom characterises the road through his land as trails intended for hiking and access for agriculture. - Photo: Supplied The cabana on Boggy Sand Road at the centre of the first case litigated in court between the National Conservation Council and the Central Planning Authority. The structure has since been torn down. - Photo: Taneos Ramsay The endangered blue iguana is indigenous to Grand Cayman. - Photo: File cayman compass 6 news N news WEEKLY, 7 - 13 JUNE 2024Global Wellness Day A day fi lled with wellness events, activities and offers. Saturday, 8 June The Paseo and Crescent 10 a.m. to 3 p.m. JOIN US FOR Scan for details Donovan Ebanks, 1952-2024 NORMA CONNOLLY nconnolly@compassmedia.ky Cayman’s first deputy governor, Donovan Ebanks, passed away on Sunday, 1 June, at the age of 72. Once Cayman’s most senior civil servant, Ebanks retired as deputy governor in 2012. His public service career spanned several decades, and was recognised in 1994 when the late Queen Elizabeth II awarded him an MBE during her visit to the Cayman Islands. He joined the Public Works Department in 1975. “Demonstrating exceptional capability early on, he was promoted to Chief Engineer at the young age of 30. His upward trajectory continued with his subsequent promotions to Deputy Chief Secretary in 1994 and Chief Secretary in 2009,” a statement by government, announcing his passing, noted. In 2009, following the enactment of the new Constitution which renamed the chief secretary position to deputy governor, Ebanks became the first person to hold that role. “Throughout his tenure, he spearheaded important initiatives including civil service reform and the establishment of The Commissions Secretariat and the Hazard Management Cayman Islands Department. “His career has been marked by dedicated public service and significant contributions to the governance and development of the Cayman Islands,” the government statement continued. Franz Manderson, who took over as deputy governor after Ebanks’ retirement in 2012, said his predecessor left “an indelible mark on the public sector”. He added, “[He] was a true civil servant in every sense of the word. “He dedicated his career to serving the Cayman Islands and the civil service with unwavering integrity, commitment and leadership.” Calling him “a role model par excellence”, Manderson said, “His exemplary leadership skills inspired his team members to strive for excellence. He firmly believed in providing opportunities for growth and upward mobility for Caymanians. Countless individuals including myself owe their professional development and advancement to his mentorship.” He also noted that his predecessor’s “legacy is one of remarkable achievements that have shaped the modern civil service landscape”. He added, “Above all, Mr. Ebanks will be remembered for his unwavering love for the Cayman Islands and his steadfast commitment to public service. He was a shining example of integrity, dedication, and visionary leadership. His memory will continue to inspire generations of civil servants to come.” Flags at all government buildings were flown at half-mast on Monday, 3 June, in memory of the former deputy governor. His official funeral service will be held on Saturday, 22 June, at 3pm at the Clifton Hunter High School. First deputy governor Donovan Ebanks passes away cayman compass 7 WEEKLY, 7 - 13 JUNE 2024 news N newscayman compass 8 WEEKLY, 7 - 13 JUNE 2024cayman compass 9 WEEKLY, 7 - 13 JUNE 2024Next >