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Vendredi 14 Octobre 2022 – 12h24
Le réseau Sudlib est toujours interrompu ce vendredi. – R.S.
Depuis hier (jeudi 13 octobre), les lignes de bus du réseau SudLib sont fortement perturbées en raison d’un mouvement social.
Toujours pas de bus ou presque, ce vendredi sur les lignes du réseau Sudlib. Dans un communiqué, la direction de l’entreprise indique que « les lignes interrurbaines sont interrompues jusqu’à nouvel ordre en raison de la poursuite du mouvement social ».
Les lignes interrurbaines circulent sauf les lignes Ea, Eb et I. Les lignes Express et le réseau scolaire circulent, en revanche, normalement.
Le mouvement social amorcé jeudi est lié à l’agression d’un chauffeur du réseau. Mais, selon la société Unité Sud Transports, qui exploite le réseau, l’entreprise rencontrait des difficultés ces derniers jours en raison des « problèmes croissants d’approvisionnement en pièces détachées, entraînant de nombreuses immobilisations de véhicules ».
Sur le même sujet
Mouvement social : le réseau de …
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It is not unusual to hear accounts of people falling in love with Cayman on their first visit and never wanting to leave. In some cases, this choice is made after several rendezvous to various destinations which they compare Cayman to and then make a final decision.
In the case of Cuban fashion model and dancer, Cintia Mart?nez, however, the love story is a bit different as Cayman is the only place she has ever seen outside Cuba.
What made Cayman her choice
Explaining her experience to Loop, Mart?nez said that Cayman is “very different from Cuba”.
Regarding these differences, she said: “The economy in the Cayman Islands is very organized. In stores, they make offers that they don’t make in Cuba. The attention in places [here] is very efficient… in Cuba, in very few places, they take care of you well.
“Life is much more expensive in Cuba but [in Cayman], you have a decent salary that allows you to buy what you need.”
In terms of salaries, Mart?nez said she earned 10 to 20 US dollars per job as a fashion model and dancer in Cuba. With this, she could buy milk (which she said was not always available), rice, coffee, yoghurt and chicken. However, this involves waiting in “immense cues… many times for 7 hours, just to buy hotdogs and toilet paper”.
Mart?nez also dispelled the idea that sometimes, food is free in Cuba.
She said:
They don’t give free food. Only if a donation from another country arrives in the warehouse maybe once a year. [In this case], each family may get a package of spaghetti and two cans of tuna.
Beyond economics
After comparing the economics of Cayman and Cuba, Mart?nez spoke about people she met while in Cayman.
Mart?nez noted that in Cayman, people “always greet you with good vibes”.
She added: “Everyone here is very focused on their lives, people are very hardworking and there are also many places you can go.”
Motivated by this, Mart?nez said that she would love to spend “at least a year or maybe two” working in Cayman one day, maybe as “a Spanish teacher maybe in a school or maybe work with children in a nursery”.
Back to Havana
While she explores how to make her Cayman dream a reality and perhaps make her next stay permanent, Mart?nez said she will return to Havana this weekend with a renewed vision.
Explaining what she wants to see in Cuba after her trip, she said that she wished she could “change the lack of humanity between people, the government and some laws”. In addition, she said she would like “the militarisation [in Cuba]” to change.
Until the Cuban dream is realised in Cuba, Mart?nez is looking forward to returning to Cayman for another “relaxing and amazing” experience, in particular, on Cayman Airways.
Cintia Mart?nez enjoys the famous “Seven Mile Beach” on her Cayman trip
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Several critical matters of national importance concerning crime, irregular migration, policing and border control were tabled at the most recent National Security Council (NSC) meeting on Tuesday, 4 October 2022.
Commissioner of Police Mr. Derek Byrne briefed the Council on the current status of criminal and drug related activities, including recent firearm incidents on Grand Cayman and drug abuse in Cayman Brac. He ended with a progress report on how these issues are being handled and future plans to tackle law breaking throughout all three islands. Cayman Islands Coast Guard Commander Robert Scotland, on behalf of Deputy Commissioner of Police Mr Kurt Walton also presented on policing and security, as well as the procurement of new equipment that will aid officers at vehicular checkpoints.
The Council also heard a number of border control matters, including a presentation by Cdr Robert Scotland on maritime domain awareness and coastal surveillance. Mr Bruce Smith, Senior Deputy Director of Customs and Border Control also briefed the Council on the management of irregular migrants to the Cayman Islands and the asylum process.Port Authority Director Mr Paul Hurlston and the Acting Manager of Cruise Ops and Security Mr Roylee Moore spoke to the results of the July International Ship and Port Facility Code Inspection and the Authority’s action plan to address areas that require further enhancement.
His Excellency the Governor Mr Martyn Roper, who also serves as Chair for the NSC, stated he was pleased with the meeting outcomes. “The NSC’s role, which it performs well, is to assess and update the high level security risks facing this jurisdiction. I am grateful for its collaborative approach”, he ended.
(Source: CI GOVT)
More about the National Security Council
The National Security Council is established under section 58 of the Cayman Islands Constitution Order (as amended).
National Security Council members are as follows: His Excellency the Governor Mr. Martyn Roper, OBE (Chair); Hon. G. Wayne Panton, Premier; Hon. Franz Manderson, Deputy Governor; Hon. Sabrina Turner, Minister; Hon. Andre Ebanks, Minister; Hon. Samuel Bulgin QC, Attorney General; Hon. Roy McTaggart, Leader of the Opposition, Mr. Derek Byrne, Commissioner of Police; Mr. Ian Pairaudeau,, civil society representative; and Mr. Christopher Philips,civil society representative.
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In an effort to increase transparency and accountability, board of directors of the National Roads Authority (NRA) amended their Board Communication Policy this week to include warnings and, ultimately, suspension without pay from board meetings in cases of a breach of the Board Communication Policy.
Speaking about the changes, NRA board chairman, Alric Lindsay, said that one of the aims was to help the NRA board and Minister Jay Ebanks address some of the concerns raised by the Office of the Auditor General.
Lindsay explained:
One of the things discussed with the Auditor General was that, in previous election periods, over 80 per cent of NRA’s budget was spent within 3 to 4 months of the election date. This drew serious concerns about the NRA’s spending and the need to stay within an operational plan and within budget.
To address the concerns, the new NRA board established a Board Communication Policy setting out parameters for communication with the NRA, including who may give instructions to the NRA.
As Lindsay explained, this Board Communication Policy was important to ensure that the NRA only acts on instructions from authorized persons i.e., the managing director or via directives from Cabinet or the NRA board.
Elucidating on the point, Lindsay said:
The issue that was highlighted in previous years was that members of Parliament reportedly contacted the NRA from time to time to provide instructions for road works in various areas.
The Auditor General noted that some of these works were not set out in an operational plan and, as such, referred to them as “ad-hoc” projects.
With the guidance of Minister Jay Ebanks, the NRA board worked on, and finalized a strategic operational plan last year, together with the recently revised Board Communication Policy, to eliminate the practice of “ad-hoc” projects and to establish proper communication channels where no member of Parliament may give casual instructions to the NRA.
Lindsay added that this approach of prohibiting ad-hoc projects also means that monies must not be spent by the NRA outside the NRA board’s approved strategic operational plan (amended from time to time).
To shore up the NRA’s position, Lindsay noted that the NRA’s managing director, Edward Howard, is also finalizing internal control and operational risk management policies to ensure that these meet the overall objectives of accountability and transparency.
Lindsay emphasized, however, that “none of this works if board members are not also accountable.”
“For this reason, all board members have agreed that any Board Communication Policy breaches will met with initial warnings, followed by suspension without pay,” Lindsay concluded.
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BRISBANE, Australia (AP) — West Indies are the only team to win the Twenty20 World Cup twice, and 2014 champion Sri Lanka are the only three-time finalist in the championship for international cricket’s shortest format.
Even with those credentials, two of the game’s traditional entertainers are having to go through a preliminary stage with the lower-ranked teams to earn a spot in the T20 World Cup’s main round.
The tournament before the tournament starts Sunday, with Sri Lanka, coming off victory in the Asia Cup, opening Group A against Namibia at Kardinia Park in Geelong, west of Melbourne.
Nicholas Pooran will lead his West Indies lineup out against Scotland at Hobart in Group B on Monday, about the same time defending champion Australia have a scheduled practice match against India, the inaugural T20 champions in 2007.
“As a group we’re doing well, putting our ego aside, trying to move toward a team plan,” Pooran said after his team lost a two-game warmup series against Australia last week in Queensland state. “By the time of the World Cup … we’ll be ready.”
Provided the West Indies and Sri Lanka finish in the top two in their four-team groups next week, they’ll join the top eight-ranked teams in the Super 12 stage. That kicks off Oct. 22 with a 2021 final rematch between Australia and New Zealand in Sydney and features another intense derby the following day in Melbourne between India and Pakistan.
Jos Buttler’s England squad starts its bid to become dual white-ball world champions — they want to add the T20 trophy to their 50-over World Cup title in 2019 — against Afghanistan on Oct. 22. South Africa, aiming for their first global limited-overs cricket title of any kind, and Bangladesh are the other two teams already qualified.
The Australians have had less than a year to savor their first T20 world title, overcoming a group-stage loss to England and hot-and-cold form in the preparation phase to beat Pakistan in the semifinals and New Zealand in the final last November.
The 2022 final is scheduled for Nov. 13, two years after Australia were originally scheduled to host the tournament before it was postponed because of the COVID-19 pandemic.
ROUND ONE
The first phase includes eight teams seeded into two groups, with the top two advancing to the Super 12s and maintaining a shot at the title.
A Sri Lanka lineup led by Dasun Shanaka and featuring leg-spinner allrounder Wanindu Hasaranga should dominate Group A, which contains Netherlands and United Arab Emirates as well as Namibia. Group B is likely to be a tougher contest, with Ireland and Zimbabwe joining West Indies and Scotland.
It’s been 10 years since the West Indies won their first T20 championship and Pooran is determined to make it back to the playoffs after a disappointing group-stage exit last year at the tournament played in United Arab Emirates and Oman but officially hosted by India.
Johnson Charles was a young batter in that winning squad in 2012, was also involved in the 2016 title and now he’s back as a veteran.
“Ten years later it’s about trying to make it happen again for the people of the West Indies,” he said. “It feels good to be back and be part of the team as we look to make it three in 10 years. No other team has won it twice, so we have a rich legacy.”
The Windies showed some flashes of brilliance in a warmup series against Australia earlier this month before losing both games. Wicketkeeper-batter Pooran’s form will be crucial to the success of his team, along with top-order batter Brandon King and the bowling group containing paceman and former skipper Jason Holder and left-arm spinner Akeal Hosein.
Scotland have had limited opportunities for match time since making the Super 12s for the first time at the last tournament and will likely struggle against the more experienced teams.
Zimbabwe won five consecutive games to top the World T20 qualifying tournament on home soil and returns to the global event for the first time since 2016. First-round rivals will be wary given Zimbabwe’s history of producing upset results, including a five-wicket win over Australia at the inaugural event.
Zimbabwe open Monday in Hobart against Ireland, which had some narrow losses to India and New Zealand in white-ball series before edging Afghanistan 3-2 in a T20 series at home in August.
“We’ve had some great battles against Afghanistan, but I think this one was especially significant given the format,” Ireland wicketkeeper-batter Lorcan Tucker said. “To turn the past on its head and get a series win just before a World Cup was pretty inspiring.”
RULE CHANGES
Timing is everything with the new regulations introduced since the last T20 World Cup — the biggest being the in-match penalty for slow over-rates.
The failure of the fielding team to bowl their scheduled overs on time now leads to an additional fielder being forced inside the in-field circle for the remaining overs of the innings. That can leave some wide-open spaces in the outfield just when batters are trying to slog boundaries.
Also, there’ll be no more wires crossed when it comes to which batter takes strike after a catch is completed. Under the old rules, if the batters crossed before the ball was caught, the new player to the crease could go to the non-striker’s end. Under the revision, the incoming batter must always go to the striker’s end. That nullifies one of potential tactic of getting an in-form batter on strike during partnerships with tail-enders.
In other changes, umpires will have the authority to award five penalty runs to the batting seem if a fielder is deemed to have moved unfairly or deliberately distracted a batter while the bowler is in the run-up phase; and run-out regulations have been clarified to remove the “unfair play” section — and any ambiguity — when it comes to bowlers running-out batters who are out of their ground at the non-striker’s end.
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As the festive season approaches, Micro, Small and Medium-sized Enterprises (MSMEs) are encouraged to capitalise on benefits available through the government’s Omnibus Incentive legislation, The Customs Act and Stamp Duty Act.
“The government has several waivers and incentives that provide attractive fiscal benefits to our MSMEs. Among these is the Omnibus Incentives legislation, which provides varying relief in respect of customs duties, stamp duties etc,” Shelley-Ann Haughton, Customs Manager for Seaboard Warehouse/Freezone Operations at the Jamaica Customs Agency (JCA) said.
She was speaking at the Jamaica Business Development Corporation’s (JBDC) Virtual Biz Zone earlier this week on the theme: Moving Goods in the Christmas Rush.
The Customs Act provides for the duty-free importation of capital equipment and raw material. The manufacturing, tourism and creative industries will benefit from a duty rate of 0 per cent for industry-related consumer goods.
In detailing the benefits for manufacturing, agricultural, tourism and creative industries, Haughton highlighted that manufacturers get duty exemptions on the following imported goods; raw materials, intermediate goods, packaging materials, and consumables in addition to machinery and equipment and parts thereof.
She added that persons within the agricultural sector stand to benefit from the importation of equipment and machinery, as well as revised tariff rates ranging from 0 per cent to no higher than 20 per cent with some exceptions, as well as concessions for specific motor vehicles for farming purposes.
The revised rates are accessible to farmers who are registered with their local Rural Agriculture Development Authority (RADA).
Similar to those in the Agricultural sector, individuals within the tourism and creative industries benefit from the importation of equipment and machinery, as well as revised tariff rates ranging from 0 per cent to no higher than 20 per cent with some exceptions.
“The Productive Input Relief (PIR) provides that agricultural-related equipment and machinery used in the production of primary products or in quality control and testing of agricultural products that would have attracted customs duties are not required to pay the customs duty and the Additional Stamp Duty when purchased for productive use,” Haughton said.
Similarly, for the tourism and creative sectors, the PIR provides customs duty and stamp duty reliefs on specific hotel industry-related items and tourism attraction-related items when purchased for productive use.
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Three days after Governor John Rankin released his first quarterly review on the implementation of the Commission of Inquiry recommendations, Premier Dr. Natalio “Sowande” Wheatley said the document included criticisms based on misunderstandings that should have been clarified before the publication of the report.
He made the claim during a press conference on Friday, and a similar sentiment was also shared by his brother Benito Wheatley — who serves as the special envoy of the premier — at the 77th session of the United Nations General Assembly last Thursday.
In a Friday statement styled as his own quarterly review of the COI reforms, the premier agreed with the governor’s findings that the overall progress is largely on track. By the end of August, he claimed, “94 percent” of the COI recommendations were “completed or were in progress to be completed.”
He made this claim during a press conference on Friday, and a similar sentiment was also shared by his brother Benito Wheatley — who serves as the special envoy of the premier — at the 77th session of the United Nations General Assembly last Thursday.
In a Friday statement styled as his own quarterly review of the COI reforms, the premier agreed with the governor’s findings that the overall progress is largely on track. By the end of August, he claimed, “94 percent” of the COI recommendations were “completed or were in progress to be completed.”
However, Dr. Wheatley pushed back against various criticisms included in the governor’s review, insisting that he and his government have been doing all they can to meet their commitments under the reform framework agreed with the United Kingdom in June.
“We were very ambitious in our commitments and, unfortunately, deadlines have been missed,” Dr. Wheatley said. “It is important to note that deadlines have been missed on the governor’s side as well as on the side of Cabinet. In all instances, these deadlines have been missed for good reason. For instance, we have insisted that the Jury Act and the Register of Interests Act, both which fall under the Governor’s Group’s responsibilities, receive proper consultation as opposed to being rushed through the legislative process.”
The premier acknowledged that in the “modern partnership” between the Virgin Islands and the UK, there would be “disagreements and misunderstandings.”
“It is important that we deal with them maturely and in such a way that strengthens the partnership rather than eroding it,” he said.
Premier’s Office Permanent Secretary Carolyn Stoutt-Igwe, who also weighed in on the topic at the press conference, stated that some of the reform measures that have not yet launched are dependent on the completion of reviews.
“There are a number of legislations that have to come into effect next year,”she said.“Those would be things that have not yet been started. For the most part, most activities have been started or are in the process of being started.”
The governor did not join the premier on Friday as he has at previous press conferences about the COI reforms, but he has promised to meet with the press after the UK responds to his quarterly review.
On Friday, Dr. Wheatley took particular issue with Mr. Rankin’s criticisms of tender waivers, Cabinet papers, and the proposed Register of Interests Act passed recently by the House of Assembly.
In his review, the governor alleged that the Cabinet has not consistently followed its framework commitment to ensure that “tender waivers are only agreed in exceptional, unavoidable cases, and which must be explained publicly.”
Instead, the waivers were still being presented to Cabinet “often with insufficient and poorly-presented justification,” Mr. Rankin claimed.
“Some of these proposals date from contractual commitments made by the previous administration,” the review noted. “But even in these cases, the [National Unity Government] has in many cases failed to take action to launch tender processes before the expiry of the current contract, and has proposed waivers for contract extensions without evidence of value for money.”
He added that Cabinet has also fallen short in its commitment to publicly explain tender waivers.
“Although I have repeatedly reminded Cabinet of the requirement under the framework document to publish documents related to tender waiver proposals, none have to date been published,” he wrote. “This is regrettable, and a failure to provide the transparency and public accountability that publication of the documents would support.”
Dr. Wheatley, however, said he believes the governor was mistaken on these points, noting that a new procurement law passed recently was in development “way before the COI.”
“We now have in place the Public Procurement Act, which gives clear guidelines on how procurement is to be done, and this has removed the open discretion which previously existed,” the premier said. “Procurement can be done through open tendering, restricted tendering or single-source procurement for the most part…. Single-source procurement is not the equivalent of a tender waiver; it clearly defines the instances where it is not necessary to go through an open tender. For example, contracts for emergencies or national security matters do not have to go through open tendering.”
He added that if single-source procurement is done according to the Public Procurement Act, it “shouldn’t be presented as something wrong with that” or as the “same old practice as before.”
“I believe that tender waivers were being conflated with single-source procurement,” he said.“I think it’s important to have a sit-down and an understanding, especially with the Ministry of Finance, so that we can get a clear understanding of the procurement process now.”
Dr. Wheatley also took issue with the governor’s claim about Cabinet Papers.
Mr. Rankin’s review alleged that Cabinet members had frequently breached their framework committment to circulate early drafts of reform-related Cabinet papers in order to enable advance discussions.
“Instead, too often Cabinet papers are still being submitted very late, sometimes without the full relevant information,” the review stated. “This is not consistent with the good governance which the reform programme is intended to achieve.”
The premier, however, disputed this account. He noted that all Cabinet papers are jointly agreed by the governor and himself, and that the deadline to submit papers 48 hours in advance of a meeting has been “consistently met.”
“If we consider a paper with less notice than this, it is only with the agreement of the governor and premier,” Dr. Wheatley added.
In his review, the governor also criticised the government’s handling of its commitment to make the Register of Interests public — a measure that was required by June 30 under the reform framework.
A version of the Register of Interests Act, 2022 introduced in the HOA in July would have published the register as promised. However, before passing the bill, HOA members went into a closed-door committee session and made changes that the governor said “severely restrict public access” to the register by requiring written applications and fees.
“They would only be allowed to view the register in the presence of the registrar and would not be permitted to take any kind of copy or even notes of the contents. In my view, these amendments are contrary to the principle of transparency,” Mr. Rankin wrote, adding that the move is also contrary to the framework’s intent to make the register public.
The premier, however, defended the amendments restricting access to the register, noting that the final version of the bill — which hasn’t been made public because it awaits the governor’s assent — is similar to an act in place in the Cayman Islands.
“If the people themselves want us to go further, I think that we have the responsibility to go further,” he added. “I don’t think it restricts the access at all.”
Accordingly, Dr. Wheatley said, he disagrees with the governor’s view on the register.
“We are open to hearing what the public has to say and can organise a special public consultation to get a gauge on public opinion,” he said. “The greatest concern on the Register of Interests is not the fact that the House of Assembly made a minor amendment, but the undemocratic way in which the legislation, which falls under the Governor’s Group, was being imposed on public officers without proper consultation.”
He added that public officers should also have “rights to privacy” and control over who has access to “personal information.”
However, the bill passed by the HOA doesn’t include public officers. A previous bill that would have included senior public officers was tabled on June 30, the deadline for passing the act. But it was withdrawn on July 14 following protests from the Virgin Islands Civil Service Association and others. The new bill, which was expedited through the HOA in one sitting on July 21, only applies to HOA members.
During the press conference, Dr. Wheatley was asked about the chances of the UK suspending parts of the Constitution and implementing direct rule — an outcome the UK has threatened if the reform process stalls. The premier explained that his government hadn’t yet received a response from the UK regarding the governor’s review.
However, given the reform progress so far, he said he doesn’t believe that any of the recent delays will lead to a Constitutional suspension. Still, he said, everyone “should be worried” about the possibility of the Constitution being suspended at some point.
“The concept has not been completely abandoned,” he said. “We cannot be implementing reforms based on coercion or force. That’s something I reject completely.”
He added that he doesn’t agree with the UK or “any other government” suspending “another group’s constitution.”
“It’s fundamentally undemocratic. You can’t impose democracy on someone,” he said. “We still have to deal with our own affairs. When you suspend the Constitution, at some point you’ll have to implement a constitution and deal with the people. The people will still have the right to elect a government, and this government will have to make laws and amend laws.”
He also encouraged open dialogue on the topic between the people, the government, the governor, and the UK.
“When I go through this reform process, I’m being true to this process,” he added. “I want to dialogue with the people of the Virgin Islands. Going through reform is not a problem. It’s not a challenge.”
The governor had not responded to Dr. Wheatley’s com- ments as of press time yesterday afternoon.
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The first challenge to the territory’s same-sex marriage ban was scheduled to be heard last month in High Court, but the case was delayed after last-minute legal manoeuvring by the BVI Christian Council found favour with Appeals Court Justice Gerard Farara.
Last year, claimants Kinisha Forbes and Kirsten Lettsome — who have been legally married under United Kingdom law since 2019 — sued the Virgin Islands government, claiming that the registrar general improperly denied them a VI marriage licence because they’re both women. They’re asking the court to declare that their marriage is valid under VI law and that prohibiting same-sex marriage is unconstitutional, among other requests.
The case was scheduled to be heard before acting Commercial Court Justice Adrian Jack on Sept. 29-30, but on Sept. 16 Attorney General Dawn Smith requested an adjournment.
Ms. Smith — who as the government’s attorney is listed as the respondent in the case — also asked Mr. Jack for permission to provide further evidence by Oct. 7.
In support of her request, Ms. Smith explained that her chambers had struggled to obtain instructions from the VI government and that it had been busy in the aftermath of former Premier Andrew Fahie’s arrest in Miami and the publication of the Commission of Inquiry report, according to a Sept. 20 judgment from Mr. Jack.
She also explained that for further evidence her office was seeking notes from the UK Foreign, Commonwealth and Development Office on the negotiations leading up to the territory’s 2007 Constitution, according to the judge.
The adjournment request was supported by the BVICC — which is listed as an “interested party” in the case — but opposed by the claimants, Mr. Jack stated.
Ultimately, the judge found the attorney general’s arguments unconvincing.
“The [attorney general] disputes that the claimants would suffer prejudice from any adjournment,” Mr. Jack wrote in a Sept. 20 judgment. “I disagree. They give evidence of the ongoing difficulties they suffer from the non-recognition of their marriage. Ms. Forbes says, ‘Our marriage not being recognised is stressful and feels like an added weight on our shoulders.’”
Accordingly, Mr. Jack refused the application to adjourn the case. The attorney general accepted this decision, and on her behalf Crown Counsel Maya Barry provided a skeleton argument required in advance of the Sept. 29-30 hearing, according to a separate judgment Mr. Jack handed down on Sept. 30.
However, three days before the scheduled start date, BVICC attorney Lorraine La Rose of Vigilate Law applied for leave to appeal Mr. Jack’s refusal to adjourn the case, Mr. Jack stated.
Ms. La Rose’s application — which included a sworn affidavit from BVICC Vice President Rosemarie Flax — also asked for the proceedings to be stayed in the meantime.
Two days later, Appeals Court Justice Gerard Farara granted both BVICC requests at about 3 p.m., according to Mr. Jack.
As a result, the judge noted, the BVICC’s manoeuvring succeeded in delaying the hearing the afternoon before it was scheduled to start.
Mr. Jack, however, raised questions about how the BVICC went about securing leave to appeal, suggesting that Ms. La Rose may have failed to bring pertinent legal points to Mr. Farara’s attention.
The BVICC, for instance, didn’t first seek a rehearing from his court, he stated, referencing a separate case where the appeals court found that a similar failure had led to an “abuse of process.”
“I have seen no evidence that Ms. La Rose brought this point to [Mr. Farara’s] attention,” Mr. Jack wrote.
The judge also noted that the BVICC was not the original applicant for the adjournment.
“The applicant was the attorney general, who had decided not to challenge my refusal of her application,” he stated.
He added that Ms. La Rose didn’t notify the other parties or the High Court itself about her request for leave to appeal.
The judge also noted her apparent indifference towards the costs incurred by the delay.
“The adjournment of the hearing of [Sept. 29-30] by the order communicated to the parties at about 3 p.m. on [Sept. 28] resulted in a significant waste of legal costs. This was readily foreseeable,” Mr. Jack stated in the judgment. “I regret to say that when I asked Ms. La Rose about this yesterday, she treated this matter flippantly and as a matter of no concern.”
He added that Ms. La Rose stated that the BVICC didn’t accept liability for costs wasted by the late adjournment.
“The costs burden may well be a hardship [to the claimants],” he wrote. “Further, the Attorney General’s Chambers are, as is well-known, under extreme pressure. The attorney can ill afford to have Ms. Barry’s efforts to present the case wasted in this way.”
In the judgment, Mr. Jack noted that he couldn’t make any order because of Mr. Farara’s stay of the proceedings.
However, he suggested that the Court of Appeal could make an order giving the attorney general until Oct. 21 to file further evidence and listing the hearing for Nov. 10-11.
Messes. Lettsome and Forbes sued the government last year, claiming that the registrar general denied them a marriage licence on Feb. 2, 2021 because they’re of the same sex.
Besides seeking legal recognition of their marriage, they’re asking for the court to void and declare unconstitutional section 13(c) of the 1995 Matrimonial Proceedings and Property Act, which states that marriage will be void if “the parties are not respectively male and female.”
The claimants are arguing that the prohibition of same-sex marriage contravenes several sections of the Constitution, including sections nine, 12, 19, 20, 21, and 26. These sections declare fundamental rights and freedoms of all individuals regardless of sexual orientation, equality be- fore the law, rights of an individual’s private life, the right of every “man and woman” to marry, the freedom of conscience, and protection from discrimination, respectively.
The case was originally scheduled to be heard in June 2021, but both sides agreed to adjourn it to await the outcome of two Privy Council appeals relating to same-sex marriage in Bermuda and the Cayman Islands, according to Mr. Jack’s Sept. 30 judgment.
“The Privy Council gave its advice on [March 14] and held that the constitutions of Bermuda and the Caymen [sic] Islands did not mandate same-sex marriage,” Mr. Jack stated. “The claimants in the current case indicated that they nonetheless wished their claim to proceed to a final hearing.”
The claimants are represented by former VI Director of Public Prosecution Terrence Williams of the Jamaica-based firm Public Law Chambers, as well as Karlene Thomas-Lucien of the VI-based firm Chase Law.
Mr. Williams declined to comment because the case is ongoing. BVICC representatives and the attorney general did not respond to messages.
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Less than two weeks after the BVI Christian Council delayed a legal challenge to the territory’s same-sex marriage ban, BVICC Vice President Rosemarie Flax used the council’s “Weekly Devotion” to deliver a short monologue that appeared to equate homosexuality to social ills such as domestic abuse, environmental destruction and war.
“When we stand with God, we are standing against a number of things, such as immorality, drugs, abuse of alcohol, abuse of the planet, abuse of our women and children, homosexuality, wars, confusion and so many others,” Ms. Flax said during the devotional, which was broadcast Sunday on YouTube. Shortly thereafter, she stressed the importance of
compassion.
“We are standing with the love of God against all those who seek to perpetuate prejudice, hatred and animosity; those who prefer confusion rather than neighbourly love,” said Ms. Flax, a lay preacher in the Methodist Church of the Caribbean and Americas. “When we stand with God, we are standing as one, standing against everything that Christ is against.”
Caribbean LGBTQ+ advocate Maurice Tomlinson said he was disheartened by the broadcast. “As a person of faith married to an Anglican priest for over a decade, I am saddened but not surprised to hear another person who calls themselves a Christian equate my loving consensual relationship, which harms no one, with deadly acts of violence,” the attorney told the Beacon on Mon- day in an invited comment. “I don’t have to remind your readers that this type of fearmongering was used to keep blacks enslaved and women barefoot and pregnant.”
He added that religious views are a matter of “private conscience.”
“In a functional democratic state, no one must impose their beliefs on anyone else,” stated Mr. Tomlinson, a Canada-based Jamaican who serves as an LGBTQ+ advisor with the HIV Legal Network in the Caribbean. “If we did, religion would no longer be free.”
Ms. Flax swore an affidavit in support of the BVICC’s successful attempt last month to delay a hearing in the ongoing lawsuit opposing the territory’s same-sex marriage ban.
As the council’s vice president — and the only BVICC member mentioned by name in the VI court filings that have been made public so far — she is part of a new executive committee elected in February during the BVICC’s general meeting at St. William’s Catholic Church in Road Town.
The BVICC president elected then is Bishop Ishmael Charles, who heads the New Testament Church of God International Worship Centre in Baughers Bay.
Other members of the new executive committee include Apostle Ava Baird as secretary; Pastor Lesia Grazette as assistant secretary; and Pastor Nolma Chalwell as treasurer, the release stated.
Also appointed at the February meeting were Pastor Winston Salmon as assistant treasurer and public relations officer; Apostle George Rodney as assistant public relations officer; Pastor VeAnna Thomas as media officer; Bishop Paul Ricketts as an ex-officio member to Virgin Gorda; and Reverend Dr. Keith Lewis as an administrative assistant, according to the release.
The release also explained that the BVICC includes members from different Christian denominations who work together to “make a difference” in the lives of VI residents and others.
“The BVI Christian Council can be called upon to provide guidance and assistance in spiritual matters, as they are the watchdog of the nation and conscience of the community,” the release added.
Senior officials in the Methodist Church of the Caribbean and Americas, which Ms. Flax serves, have also opposed same-sex marriage.
In 2020, Reverend Derrick Richards, the bishop of the organisation’s South Caribbean District, opposed a plan by the Barbados government to recognise same-sex unions.
“The Methodist Church in the Caribbean and the Americas emphasises that homosexuality is a deviation from Christian principles (Romans 1: 26-27), which is neither condoned nor accepted by us,” Mr. Richards said at the time, adding, “Our practice remains that no Methodist minister, and furthermore no person acting in the name of the Methodist Church, has the authority to conduct the marriage or bless the union of same-sex partners.”
Other Methodist denominations and groups, however, have expressed more tolerant views of same-sex marriage and other same-sex partnerships.
Attempts to reach Ms. Flax, Mr. Charles and a media contact number on the BVICC press release were unsuccessful.
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