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Justice Kevin Ramcharan. –

A HIGH COURT judge has declared the auditor general’s department is a public authority under the Freedom of Information Act.

This is the second judgment, in as many weeks, by the local courts relating to state bodies being deemed public authorities for the purpose of the FOIA.

On Friday, Justice Kevin Ramcharan declared that the auditor general’s department was a public authority under the FOIA and was required to provide a former human resource officer at the Port of Spain City Corporation, and any other person, with non-exempt documents asked for in a request under the act.

In his ruling, Ramcharan said, “There can be no doubt that the defendant is acting on behalf of the State in the sense that it is acting in the interest of the State.

“Section 4(k)(i) of FOIA therefore applies and the defendant is a public authority under the act.”

Joan Chee, who retired from the corporation in 2019, requested from the corporation several documents and information on policies after she did not get any update on the processing of her file for gratuity and pension.

She also wanted to know the steps to be followed by the auditor general’s department for retired public officers from the corporation to receive their gratuity and retirement benefits.

The department provided responses to Chee but also said it was not a public authority under the FOIA based on a legal opinion from the solicitor general, dated February 2003.

Chee filed a judicial review claim in April 2021, but died in June, this year, before she could receive judgment.

In 2017, Chee was successful in litigation against the Statutory Authority Service Commission after she was bypassed for promotion and the corporation failed to pay gratuity after 40 years of service.

In his ruling, Ramcharan while Chee had received the documents she requested, the case concerned the construction of “public authority” under the FOIA.

“It is not simply the provision of information allowed under the FOIA but that which is afforded by public authorities in particular which the defendant disputes that it is.”

He also said there was “much to be gained” by the court providing advice to the department for dealing with future FOIA applications.

The judge said while the Constitution shielded the office of the auditor general from the direction or control of any person, as it related to the exercise of its functions, that independence “did not necessarily render the Auditor General” not a public authority.

“Parliament would not have intended section 116(6) to allow for the Auditor General to be free from being held accountable.

“The fact still remains that after his functions have been performed, the Auditor General is obligated to submit reports to the Speaker, President of the Senate and the Minister of Finance which is also provided for in the Constitution under section 116(4).

“Following this said obligation to send reports to the Minister of Finance, as contained in the Constitution, the Exchequer and Audit Act provides for what the Minister may ask of the Defendant,” the judge said.

“Undoubtedly the functions of the Auditor General are public in nature,”he added.

“There can be no doubt that the defendant is acting on behalf of the State in the sense that is acting in the interest of the State.

“Section 4(k)(i) of FOIA therefore applies and the defendant is a public authority under the Act,” he ruled.

Chee was represented by Anand Ramlogan, SC, Jayanti Lutchmedial, Renuka Rambhajan, and Alana Rambaran while the Auditor General was represented by Reginald Armour, SC, before he became Attorney General in March; Raphael Ajodhia, Kezia Redhead and Tiffany Kissoon.

Last week, the Court of Appeal also declared that TSTT was a public authority under the FOIA.

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Black Immigrant Daily News

The police have unearthed over three kilograms of cannabis during separate operations in Bartica, Region Seven, and Swan on the Soesdyke-Linden Highway.

Police stated that a team of policemen conducted a search of several houses in the 4 Miles Squatting including that of a 41-year-old businessman where nothing illegal was found in the house.

The ganja that was found during the raids

A further search was done in a clump of bushes about 50 feet away from the man’s house where the ganja was found buried. The narcotics was retrieved and amounted to 1.056 kilograms. The businessman was taken into custody.

Meanwhile, a total of 2.5 kilograms of ganja was found during an operation at Swan, Soesdyke-Linden Highway. The illegal drug was found in a clump of bushes in close proximity to Marudi Creek.

No one was arrested as investigations continue.

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Black Immigrant Daily News

Morganville, a first-of-its-kind development in the Cayman Islands, embodies inclusivity.

Inspired by a promise from a mother to her late son, Morganville provides affordably priced homes featuring modern d?cor and furnishings that make them physically accessible to all.

“The truth is there are not many options in the Cayman Islands for people with disabilities,” said Morganville owner Mitzi Callan. “For my son, even something like using the shower was a challenge. So I made him a promise to help change that.”

Conveniently located in the heart of West Bay at the intersection of Boatswain Bay and Fountain Roads, Morganville features a mix of studio and one-bedroom apartments starting at CI $249,000. A price point eligible for stamp duty waiver for first-time Caymanian purchasers.

“It’s important to make homeownership available to everyone, both in terms of physical access as well as financial access,” Callan said.

Each ground-floor apartment is fully ADA-compliant, from the counter height to the bathroom fixtures. While a flight of stairs above, on the second floor, apartments provide a contemporary mix of accessibility features.

Not only are all Morganville units priced under CI $350,000, but they are solar powered to reduce the owner’s monthly utility costs. In addition, the units come fully furnished, including everything for daily living, right down to the kitchen utensils.

From first-time buyers to those looking for independent living solutions or real estate investors wanting a turn-key rental, Morganville provides suitable accommodation for all.

“Design, furnishings, and price point, the running theme of this development is accessible accommodation for every person.” said the listing agent, Sebastien Nehme, from Property Cayman.

Property Cayman is proud to bring Morganville to market and shares in the vision to make home ownership a viable reality for all residents of the Cayman Islands regardless of age or ability. “We launched Property Cayman Cares in 2020. It’s a non-profit focused on affordable housing solutions. So the collaboration with Morganville was a natural fit.”said Property Cayman real estate agent Sebastien Nehme.

Morganville broke ground in October 2020 and is on schedule for completion in April 2023. For more information on Morganville, contact Sebastien Nehme at (345) 923-2223 or email sebastien@propertycayman.com.

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With more than 20 years of experience in arthroscopic procedures and joint replacements, Dr. Alwin Almeida, Chief Orthopaedic Surgeon and Head of the Department of Orthopaedics at Health City Cayman Islands, has successfully completed more than 6,000 surgeries. One thing he appreciates is the need to continually invest in and leverage technological advances for the benefit of his patients.

“As a surgeon, I’m always looking for innovative ways to improve surgical outcomes,” said Dr Almeida. “The technology has improved quite a lot to where now you have intelligent machines where you can control a lot of the functions that earlier the surgeon had to control their self.”

That’s why he has seen to it that Health City’s orthopaedic surgeons are the first in the Caribbean to have access to the Intellio Connected Tower Solution from Smith+Nephew that features 4K technology to enhance the medical team’s view of surgical area, particularly in joint repair and replacement procedures.

“It’s a big game changer. To put it simply, it’s like using the Ferrari of arthroscopic towers. It is fast, it’s efficient, and it improves my efficiency. It allows me to do more procedures in a shorter time and it allows a consistent result with all surgeries,” he said, adding “It gives us the best environment possible. It’s an automatic system that adjusts during the surgery to give you the best possible joint picture so that you can do the best possible job with regard to the repair.”

Thousands of patients across North America, Latin American and the Caribbean have been able to have increased quality of life as a result of the skilled work done by Dr Almeida and his colleagues in the Department of Orthopaedics. Health City’s Chief Business Officer Shomari Scott indicated that it’s against that backdrop that investments like the new Intellio Connected Tower are in line with the organisation’s vision.

“From day one, we have sought to provide healthcare solutions that matter to people, not just in the Cayman Islands, but across the Western Hemisphere. Especially with COVID-19 restrictions being lessened and people being more willing to travel, we want to be in a position to ensure that when they select Health City, they can rest assured that not only do we have highly-skilled world-class professionals but they have access to the latest tools and technology to help ensure excellent outcome for patients,” said Mr. Scott.

Health City’s surgeons specialise in various orthopaedic and arthroscopic procedures, including total and partial hip and knee replacements, shoulder surgery, elbow surgery, hand and wrist surgery, foot and ankle surgery in patients of all ages and activity levels.

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