Youngest candidate ‘regrettably’ out of race

| 19/04/2017 | 231 Comments
Cayman News Service

Nickolas DaCosta

(CNS): The court has ruled that Nickolas DaCosta, the youngest candidate to be nominated for the 2017 election campaign, is not qualified to run for office because of his dual citizenship, which he has by descent. In a surprising decision, given his previous ruling in the Hewitt v. Rivers case, Chief Justice Anthony Smellie said that, “as regrettable as it is”, there was nothing in the constitution giving any indication that the framers were not intent on excluding those with potentially divided loyalties.

In a nuanced point compared to the situation impacting Tara Rivers and the challenge to her election to office because of her American passport, the chief justice said that “unfortunately”, DaCosta was not qualified in accordance with Section 62 because his issue related to descent. The 26-year-old from Cayman Brac got his US passport through direct family ties and lineage and not as an accident in the place of his birth, as was the case with Rivers.

Whether voters will see the subtle difference or not, the question in the Rivers case was not quite the same. The Constitution allows for dual citizenship obtained because of where a person is physically born — a deliberate carve out in the Constitution made as many Caymanians were born overseas because of the maternity services available elsewhere.

The legal question in the challenge against Rivers’ right to be elected was not about her right to be an American having been born there but whether or not, having applied for a passport, this meant she had sworn allegiance to a foreign government.

In this case, DaCosta holds dual nationality because his grandfather is an American. As the top judge read out his decision in the second 2017 election challenge he has heard so far, he noted that the Constitution sought to ensure that candidates do not have “divided loyalties” that could come from dual nationality as a result of descent.

CJ Smellie said he had to consider the case against the intent of those who framed the Constitution, and as it stands at the moment, as “unfortunate” as it might be, there were no other clauses or ways to reinterpret the words regarding dual citizenship in the current context, which means DaCosta does not qualify.

The Elections Office challenge also raised the question of DaCosta having sworn an oath to act as a notary public when he was living in Florida as being an indication of an allegiance to another country. But given his decision regarding DaCosta’s citizenship, he said there was no need to consider the legal point on the second part of the challenge.

CJ Smellie also ruled, as he had in the case of ‘Candidate X’, that he would not award costs to either side, given the public interest and need to settle the questions.

DaCosta was going up against the incumbent, Moses Kirkconnell, in Cayman Brac West and Little Cayman. But the finding that he is not qualified to run leaves the tourism minister, who is seeking his fourth term as an MLA for the Sister Islands, in a head-to-head against Maxine Moore, who is trying again, despite standing and losing her deposit in previous elections.

The chief justice has one remaining case to decide, which is based on a very narrow point regarding the continuous pre-election residency period of seven years and whether Alric Lindsay falls foul of that requirement.

Check back to CNS for the details of that case tomorrow.

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Category: 2017 General Elections, Elections, Politics

Comments (231)

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  1. Smh.....Rme...mdo.....I'm confused & bewildered says:

    Clearly, the issue in this article is not about the Constitution.

    The article conveys the decision taken by the Courts.

    Based on the article, it appears to imply a dual-meaning of US citizenship.

    Its creates an opinion in the reader’s mind that there’s a double standard.

  2. Cayman Cornmeal Voter says:

    All Nick Dacosta voters please vote for Maxine Moore and send papa Dok Moses a strong message We tired of the stinking PPM Bull$#@&

  3. Anonymous says:

    Re: “Fred says:
    20/04/2017 at 10:13 pm
    Deal with the post Who – (Enoch) Powell says immigrants don’t espouse to local values and risk disrupting society. You say exactly the same. How is there a difference? And you are right – a Powell would support Brexit. But how come you despise it, but are violently opposed to immigrants who you say do not adhere to Caymanian values. Hypocrite is the word that comes to mind.”

    There is so much I could say in reply to your post but I will try to keep it short and sweet.

    1.) I think you will find that I actually do not “say exactly the same”. (Read my original post again.)

    2.) What evidence is there that I despise Brexit. I simply call it for what it is and highlight the hypocrisy of rhetoric on forums like CNS as it concerns Cayman and our politics. (Yes, I know that particular point boils the blood of many – but such is life.)

    3.) Re: “(You) are violently opposed to immigrants who you say do not adhere to Caymanian values. ”
    Your analysis of my perspective could not be more wrong and I can use my very existence as supporting evidence.
    (I am a child of an immigrant aka expat – and I clearly “adhere to Caymanian values” as you put it.)

    Simply put, I hate no one on the basis of what they are – that is the act of a fool. (Although, I suspect you may have a few of those in your inner circle.)
    However, I will defend my nationality and identity against all forms of attack, ridicule and hate – all day, every day – even if covert and from within.

    The key in all of this is genuine integration. Too many people are now emigrating to the Cayman Islands and existing on an arm’s length basis, but worst of all, indoctrinating their children into that poisonous mindset.
    From Uganda, to Germany to France – history has taught us many times over that such a reality is a recipe for societal disaster and ruin.

    Unfortunately, the one thing that all offenders had in common was the belief that they were doing the right thing at the time (preservation of; culture, religion, race / creed, economic class) – and often regarded their stance to be ultimately beneficial for the wider society.

    Do you agree with anything I have expressed above?
    Are you content with the current state of affairs in the Cayman Islands?
    Do you see societal harmony and structural equality in the Cayman Islands today?
    Do you believe that education, wealth and profession will allow an individual (or group) to escape the potential pitfalls?

    If you choose to answer the questions, and depending on your perspective, we may just have to agree to disagree.
    However, as we part company, be aware that I am by no means alone in this way of thinking and love of country.

    – Whodatis

    *Actually, wasn’t short and sweet at all.

    • Anonymous says:

      Anyway, one can only try to engage in meaningful dialogue. However, it is clear that on this forum not many are interested in sincere and helpful discussion.

      Apparently we’re posting in Pot-Shot City Central.

      Or perhaps, the respondents simply concede the observations and have no comeback?

      – Who

    • Anonymous says:

      So behind all the puff, he really does just agree with Enoch Powell: “The key in all of this is genuine integration.” Which is the mantra of the narrow minded bigot who wants people to be how he wants them to be: “Assimilate or go home”.

      • Anonymous says:

        Yes, clearly such sentiments are what brought Brexit and President Trump to reality.

        Funny how this all plays out when YOU are the actual immigrant in question, huh?

        Yes, immigrant.

        Bless your tender, entitled, little heart.

        – Whodatis


  4. Anonymous says:

    People read one little article and all of a sudden become internet law experts.. LOL

  5. Anonymous says:

    Very disconcerting to see all of the hatred emanating from Mr. DaCosta’s supporters. In total contrast to the very nice letters he sent around a day or two ago notifying supporters that he was out of the race.

    • Anonymous says:

      True, but it probably is just supporters who are answering back Moses’ hateful supporters. It’s not Nick’s hateful nor is Moses.

    • Anonymous says:

      It’s not Mr. DaCosta’s supporters. You would have to live in Cayman Brac to understand. There is a deeper divide. The “hatred” is against the people they call the “Cayman Brac mafia”. They’re not against Mr. Kirkconnel or his supporters just this particular family. And hatred is too strong of a word. To me, hatred is when you want to kill someone. They just dislike them.

  6. Anonymous says:

    So sad to see perceived victimization and division politics raise it’s ugly head again in Cayman Brac. It was also tried in the 2005 and 2009 elections and failed. The simple fact is that for whatever reason Mr. DaCosta was found not eligible to stand for election. Short of someone falsifying his documentation it appears to be matter of not fully understanding the constitution.

    • Anonymous says:

      It is understood that this candidate received legal advice from a credible firm prior to entering the race. What more do you want? Law is subjective.

      • Anonymous says:

        Anyone with basic English reading skills can understand the relevant section of the constitution there is nothing subjective about it.

    • Anonymous says:

      Not the correct ruling you are not understanding the US laws. If you are born to a US citizen in any country in the world you are by Birth a US citizen automatically. You only need to register the birth just like you would if you were born in a hospital in the US. The judge and the law in Cayman is incorrect! It is the same as if you were born in the country. There is no difference. The only other way other than by birth to get citizenship is to go through the immigration system. Then you need to take a test and are administered the oath. So how do you think the US and the Citizens of the Country would see Cayman if their citizens are being treated like this?

      • Anonymous says:

        So are you saying that the Cayman Islands should amend it’s constitution to follow US law? If you feel you were forced into US citizenship then renounce it. Once it is renounced then you can enter the US on you Cayman passport with waiver/visa.

    • Anonymous says:

      The personal attacks started months ago but done in secret, just that others thought it would not come to light and reach the ears of the very ones they criticized and scorned, in ‘secret’. The dirt and hypocrisy of the entourage is known throughout. But then again, this was their plan all along… Nothing like the polictricking that has gone on before and still continues ‘We remember…’

    • Left or right; divide and conquer. says:

      Lets be honest, the constitution is not what it should be!

      It contradicts itself in many areas, is unrealistic I.E. it’s the year 2017 not 1845.

      That being said, this young man is certainly not prepared to represent us in the L.A.

      Maybe in 10 years. A decade goes by quickly, therefore proper planning for ones political career is vital.

      Look at the PPM, everyone is wondering what they did for the past 4 years; isn’t it evident now?

      Election / campaign planning. They have a strategy unlike any other seen before in our political arena; they are in it to win it!

      Question is: who do the PPM really represent?

      • Anonymous says:

        They represent themselves and a few friends , some good ones and a lot of very bad ones, but not all of the Brac. If they wanted to help all the Brackers, they would have lower Gasoline prices, that would help all Brackers. Remember the Brac Gas stations only pay 12.5 cents duties to Govt., G/C pays 75 cents. So why is the Brac gas prices higher than G/C.($ 4.75 per gal.)They get the Gasoline from the suppliers at the same price as G/C.

        • Anonymous says:

          I think you are correct. PLEASE start a gas station and sell gas cheaper everyone on the island will buy from you.

      • Anonymous says:

        The electorate will decide on May 24th who has represented Cayman and who will continue to represent Cayman.

  7. Anonymous says:

    The result you get when you believe that you can bluff your way through life. Sometimes there is a bump in the road. You rail against the entitlement mentality yet think you are above the law….hmmmmmm

    • Anonymous says:

      Guess only two surnames are entitled to everything on Cayman Brac.

      • Valerie Pimm says:

        Have you read the Constitution?

      • Anonymous says:

        There are many prominent surnames in Cayman Brac and most of those families became more prominent in Grand Cayman. They range from Anderson all of the way to Walton. Almost all Brackers are famous for working hard and succeeding.

      • Anonymous says:

        Most if not all of the surnames from Cayman Brac have been successful. Stop trying the same old division politics, Brackers know better.

      • Anonymous says:

        It’s bizarre to blame Nick just because his blood line is from several of Cayman’s most prominent blood line.

  8. Anonymous says:

    If Mr. DaCosta was not a smart enough to read and understand the constitution how would he have been able to function in the LA?

    • Anonymous says:

      Hmmm looking at our currnet MLAs I think he would have fit in just fine…

    • Anonymous says:

      2;00 pm, Mr DaCosta, was going by what his lawyer was telling him, that is everything was ok, nothing to worry about. If you was half as smart as him, you would not post that commit.

  9. Anonymous says:

    All of this “todo” about nothing? The boy is out. Move along. No more singing to hear.

  10. Anonymous says:

    It is said that it is more difficult to be a good winner than to be a good loser. Good help us all if this sour group were victorious.

  11. A Strand of Here says:

    Aaah boy Nick some people realize they lickle job as minister Lackey boy is threatened cause they big shot in the big city to the try to crush you bro. no worries those strands soon get cut real short

  12. Anonymous says:

    So do I understand this correctly then that someone who was

    born in Cayman
    to a Caymanian father OR mother and
    to a Foreign mother OR father (ie Irish, Australian, Canadian etc)

    and therefore have dual citizenship by birth are not allowed to run for election?

    • Jotnar says:

      NO, you have it wrong. Someone who applies for foreign citizenship, and retains it when they wish to run for the MLA, cannot run. Its down to choice that leads to the question of whether there are divided loyalties.

      • Anonymous says:

        This makes no sense. Someone who is born in Cayman to parents where one is Caymanian and one foreign also applies to “foreign” citizenship because the foreign parent has to file for that application….

        Honestly, it seems that the law is not clear with this and this is all a very slippery slope. In another 10 years, there won’t be many Caymanians left who hold only Caymanian citizenship. A large percentage of Caymanians marry foreigners.

        • Rodney Barnett IV says:

          Well said.

          However, the strange part is that native born Caymanians hold tight to the myth of “True Caymanians” while they elect scoundrels who steal, cheat and mismanage the country and its’ limited assets. Go figure!

        • Fred says:

          You can marry a foreigner. Just don’t take their citizenship. Your parents can be foreign. Just don’t take theirs. Or, if that’s too hard, change the law. The law is crystal clear. If you don’t like the consequences, then change the law rather than trying to pass the buck.

        • Anonymous says:

          He got the citizenship from his grandfather not his parents. He opted to obtain the citizenship. It was a choice. He opted to vote and to become a notary.

          He did not just receive an extra passport which in most cases your parents apply. Regardless he took the extra steps to solidify the allegiance elsewhere.

      • Anonymous says:

        Actually, you’re wrong as well. The United States government says that an American citizen is not allowed to enter United States on a foreign passport so if your parents or parent is an American and you are born overseas, you are still an American and need to file a US Citizen born overseas report. I was stopped with my son when I entered the US and he didn’t have his US passport and told to apply for it.
        Tara Rivers has more of an allegiance to America as Nickolas. It is so ironic that Nickolas can’t run for office in either country but Tara Rivers can run in both. If you have seen an American passport, you would know that she should have automatically lost US citizenship because working for a foreign government means that you lose US citizenship whether it’s born in US or not. The US doesn’t consider her allegiance less than his. There isn’t two degrees of citizenship. You either are or aren’t.

        • Kit says:

          My US born daughter has never had an American passport. No Immigration Officer has ever told me that she needs anything other than the British Passport that she has always used, and we go to the US at least twice a year (she is now a teenager). So your statement is obviously not true for everyone. Also please note I have no connection with the IS Immigration, just in case you wondered.

    • Anonymous says:

      If a person has another citizenship for any reason other than accident of birth in that other country, they cannot run without renouncing that citizenship. Having a right to citizenship by birth (as opposed to having the citizenship itself by birth) and exercising that right does disqualify you.

    • Anonymous says:

      Cayman is the only Country when some one is born in that country by that country citizens father & mother but can’t run for office, Others Countries like U S A, you have to be born in U S A to run for President.

  13. Anonymous says:

    I really can’t believe my fellow Caymanians quibble over shades of territorial allegiance when we have more than one longstanding Cayman-born kleptocrat running (again) with published histories of self-authorized loans of public money to THEMSELVES!

    Unfortunately, we need to learn that there is no collinearity between “country of birth” and “love of these islands”, we have no shortage of examples that prove otherwise!

    We need to amend the birth criteria in our Constitution so that esteemed citizens, of proven good character, that actually have something meaningful to contribute, can qualify to serve us and raise the bar (or at least quality of debate) in the LA. I fear (along with many others) that few of our usual imbeciles are qualified to handle what’s coming.

    • Anonymous says:

      You are so right, but as the thumbs down show the driving mindset here is sadly that where you were born (something over which none of us has any control) is a consideration of far more value than character, competency or anything else. Apparently it is better to elect burnt-out thieves than someone who is otherwise qualified and cares deeply about the country, but whose mama dropped them somewhere else.

      • Anonymous says:

        You are missing the point. This is not about where he was born or where his parents were born. This is about the fact that he made the decision to claim his US citizenship and register to vote in Florida and has a voting record there not to mention his notary public in Florida.

        • Anonymous says:

          No, I wasn’t missing the point at all. My comment was general in nature, just like the one I responded to – about the need to perhaps open the gates a bit to permit a wider array of individuals to run rather than continue to put up with the mostly mediocre candidates that seem to crop up time after time. It was not about Mr. DaCosta specifically; I agree that his case has nothing to do with where he was born and everything to do with a conscious choice to acquire US citizenship.

          • GT voter says:

            If dual citizen is not eligible to run, what about dual citizen to vote? What about Caymanians who have British citizen? there are currently over 10 MLAs that have British citizenship. Are they Disqualified too because of dual citizenship?

            • Jotnar says:

              Given Cayman is a BOTC and not an independent nation, our head of state is the Queen, and the governor has the power to dismiss the LA and veto any law, I fail to see how allegiance to the Crown constitutes a problem.

        • No I think you are missing the point. If one is a dynamic young Caymanian and you want to get a superior education after high school you will want to be American simply because of the education cost in Florida. The cost of a University education as a non American is very high in every American state and Canada and unless you are from one of the Caymanian mercantilist families you will struggle to find the money. It does not mean you are less of a Caymanian because you want a superior education. You are simply being pragmatic. I regret to say that many Caymanians do not appreciate that fact although the hypocrisy is incredible because so many Caymanians have American and Canadian citizenship but hide the fact.

          We need more young Caymanians to be involved in our political process because right now the political system is run by a bunch of men in their 60’s and 70’s with no new fresh brains on the horizon. Is any young person really inspired by the likes of Bush, Miller, Eden, McLean, McLaughlin, etc?Rather than trying to put up barriers for young Caymanians to go into politics we should be trying to lower them.

          The constitution needs to be changed as it is not a modern document written for a bygone period when this place was not part of the American/ Canadian economic orbit but part of the old British colonialist system. The constitution is old think when it comes to who is a Caymanian, but it serves well established interests on island.

        • Anonymous says:

          He is required to register by that he can be drafted to fight if needed……but guess you only want American protection e.g. troops on poppy day
          …thats why we see more coast guard cutters in here than royal navy

          • Anonymous says:

            2;44 am, What about Moses, Tara etc, does they have to register so they can be drafted also. they pay U.S.A. TAXES and don’t say that they don’t, for they are still AMERICANS, don’t matter if they got it by BIRTH.

      • Anonymous says:

        Well doesn’t this apply in most countries…wasn’t there a big to do in the US over whether Obama was born in the US? Or should someone born in Mexico be eligible to be US president?

    • Anonymous says:

      Re: “We need to amend the birth criteria in our Constitution so that esteemed citizens, of proven good character, that actually have something meaningful to contribute, can qualify to serve us and raise the bar (or at least quality of debate)…”

      You mean like a Donald Trump?

      – Who

      *Our birth criteria needs no amendment.

      • Fred says:

        No, because Donald Trump would qualify under the born citizen criteria in the US without any need to meet the other criteria on character or anything else.

        You mock the poster, but his criteria would actually disqualify Trump, whereas ours plump heavily for Trump clones. Thick as pig shit? Corrupt? Up to your eyes in commitments to vested interests? Venal? But born here with Caymanian parents or grandparents, and your dual nationality limited to being born in Miami and enjoying the US passport privileges but not paying any US tax? Welcome, candidate.

    • Rodney Barnett IV says:

      It would seem to me that a good plan would be to allow non native born Caymanians to run for the LA, but not be allowed to be our Premier. What do you think of that?

  14. Anonymous says:

    He had no chance anyway.

  15. Rodney Barnett IV says:

    So, apparently we have individuals in our Legislative Assembly who have taken an oath of allegiance to a foreign government, and who currently hold that allegiance: According to the Oath of Allegiance Of The United States Of America: “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen”.

    So it seems to me that any one of our sitting LA members who have taken this oath should be removed from office immediately, not matter what their position, and no others who have taken such an oath should be allowed to run for office. That is, unless the government wants to change the law and allow all others with multiple citizenships to run for and hold office. Which is it? Time for Caymanians to decide what they want for the future of this country.

    • Left or right; divide and conquer. says:

      Too late, the future of this Country has already been decided.

  16. Anonymous says:

    Too many sour grapes.

  17. Da Bracster says:

    “Potentially divided loyalties” Well Caymanians you heard it ! I am now calling for the removal of all foreign nationals in senior positions eg deputy Governor etc and post which paper Caymanians clearly do not act in the best interest of Cayman that includes hiring their own nationals in post which Caymanians Interest are clearly threatened. Wow Boy Nickolas they are taken some extraordinary steps to destroy your chances bro. Just the sweet talk of Hypocrites. Tara situation only stands to demonstrate the old adage of diffrent strokes for diffrent folks is alive and well in these islands. Thank you Nickolas for your attempt for positive change in these islands and in keeping with your efforts i will not be exercising my rights to vote by simply not voting for any of these piece of $#!% appearing on the ballot on the 24th of May.

    • Anonymous says:

      No sweet steps taken, read the damn constitution. Jesus ppl we voted for it in 2009.

      I really worry about my fellow Cayman sometime. He’s not eligible, time to move on.

    • Anonymous says:

      Da Bracer… Our Constitution is very clear the Deputy Governor must be a Caymanian. The current Deputy Governor is a born Caymanian. Why are you attacking your own people?

      All nick has to do is give up his US citizen and run again when he has his act in order.

    • Anonymous says:

      Da bracket. You must be living in China if you don’t know our Deputy Governor is a born Caymanian. Wow how bad informed can you be ?

      That comment alone made your entire post irrelevant and down right stupid.

  18. Anonymous says:

    Narcissistic personalities. Rather than admit Mr. DeCosta was ill-prepared, just blame his opponent who when he decided many years ago fully prepared.

  19. Anonymous says:

    There is only one person to blame, that is the candidate who obviously had not prepared himself properly. Just because someone decides to run for elected office it does not make them above the law.

  20. Anonymous says:

    JT an MK must be smiling from ear to ear this morning!! This is so petty and crazy I nick really great person he is. As always caymanians dont want see other caymanians get nowhere in life! Nick dont let this get you down bro next go round we go stronger every man got they day coming MK an JT look out!!!!

  21. Anonymous says:

    So he can’t run because of his allegiance to the USA. However a USA born and bred citizen can come here get their status, become naturalized, become a voter and still keep their allegiance to their country of birth. Then I say people who have allegiance to any other country should not be able to run or vote. Those hide behind the pulpit waggabons must be pounding their chest there in Cayman Brac. XXXXX Looking forward to Karma’s appearance someday.

    • Anonymous says:

      You do realize that you can’t “hide” behind a pulpit? You’re already up there. Now you can hide in a bar room or a back yard shed, but not in a pulpit.

      • Bar Room Representative and Back Yard Shed Activist says:

        Who hides behind a bar room or back yard shed in Cayman Brac, no one. On the other hand we know of persons who hide behind their computers, and target young girls and then stand behind a pulpit and remind everyone of their shortcomings except their own. Don’t you just wish people looked like their actual personalities? Of all the bad men, religious bad men are the worst.

    • Uncle Samuel says:

      Just as other nationalities can in the US, yes.

  22. Anonymous says:

    Hopefully that retired fireman will stay off social media now and stop spouting his foolishness. As the saying goes it’s one thing to be thought of as a fool but then in his case he keep opening his mouth (in his case posting on Facebook) and have removed all doubt. While Nicolas is a great person and has some potential he had to chance of winning in this election.

    • Curtis Conolly says:

      This retired firefighter is not afraid to sign his name like you, he lives here and he knows the situation in Cayman Brac and the few people that is benefiting from the PPM and the hundreds that are suffering financial wise.

  23. Anonymous says:

    Just wish that Mr.Dacosta had taken the time or steps necessary to have been truly ready to serve/represent his people. And I wish those that were in support of him will realize and recognize that this ruling is up holding our constitution and not something done to him by someone else’s actions. We all scream for accountability but refuse to hold people responsible for there actions.

  24. Anonymous says:

    What needs to be changed is the Constitution…needs to be an appeal court to sort out the rotten mess that this line of authority is becoming…

    • Anonymous says:

      PPM will not do anything to help the people, only their friends, their dope addicts/drunkards associates. They did nothing to help the old people/seamen, they are the reason that Gasoline prices are so high, because some of them got Gas stations and their big supporters have gas stations, vote them out,out,

    • Anonymous says:

      I hope Nick DaCosta leads the charge to amend the Constitution – this is much needed. There is no collinearity between country of birth and territorial allegiance – far too many sad examples in that regard (many of them running for a seat in LA again)!

  25. Anonymous says:

    How does this decision relate to those Caymanians of British and European heritage?

    I ask, because we are clearly facing a situation where many “born Caymanians” are being brought up in anti-Caymanian households where they are being encouraged to hold fast to the perspective, ideals and biases of their foreparents and reject all things Caymanian – apart from official (and beneficial) nationality, of course.

    (Quite similar to that of the national and regional challenges regarding Muslim individuals and families in that part of the world. It is clear to all the potential result of such divisions.)

    Interestingly, when compared, an allowance of the “partly American” defendant in question is far more welcome, genuine, and beneficial than that of many “born BOTC Caymanians” today.
    (Quite frankly, this very forum serves as all the evidence required for such a claim.)

    – Whodatis

    • Jotnar says:

      The irony – Enoch Powells successor, Whodatis.

      • Anonymous says:

        Actually, Enoch would be quite pleased with the current direction of the UK in light of recent Brexit developments.

        Not quite “Rivers of Blood” but close enough.

        Kudos to the Brits. (By the way, polls estimated that 60-80% of Brits felt as he did during those times. Fast forward to 2017 and not much has changed.)

        – Who

        • Fred says:

          Deal with the post Who – Powell says immigrants don’t espouse to local values and risk disrupting society. You say exactly the same. How is there a difference? And you are right – a Powell would support Brexit. But how come you despise it, but are violently opposed to immigrants who you say do not adhere to Caymanian values. Hypocrite is the word that comes to mind.

    • Anonymous says:

      Quite right whodat. Candidates should have to swear that they were raised exclusively as a True Caymanian in the Caymanian way without any other cultural perspectives or any independent or critical thoughts or ideas allowed to pollute their minds. If only there was a Caymanian fuhrer for them to salute.

      • Anonymous says:

        Nice try, but we are both too smart to take seriously your awful and cheap spin on the issue.

        – Who

  26. Who ya granddaddy? says:

    So DaCosta has an American grandfather but was born in Cayman?

    Rivers had a Caymanian grandfather but was born in America?

    But DaCosta is more American than Rivers?

    So being born in Cayman means diddly – it’s all about who ya granddaddy?

    • Anonymous says:

      DaCosta wanted to be an American. Rivers had no choice. Pay attention.

      • Anonymous says:

        No. DaCosta had no choice either.

      • Anonymous says:

        We can’t all go to fancy colleges abroad like Allen & Overy.

        • Jotnar says:

          Nothing to do with it. That was a separate challenge to Rivers from the nationality point.

          • Anonymous says:

            How is Rivers Caymanian? Were her parents resident in Cayman when she was born?

            • Fred says:

              Wasn’t aware parents had to be physically present in Cayman for their child to be Caymanian. Perhaps you can cite the relevant passage of the law?

        • Though it would be good if a lot more Caymanians went to Allen & Overy college. We would certainly have a lot better Caymanian lawyers. Cayman lawyers should not be called out for getting a few years of experience at international law firms in London or New York.

    • Anonymous says:

      DaCosta’s American grandfather is a Jamaican

    • annonymous says:

      So ridiculous! Majority of caymanians have one parent, or one grandparent who hails from another country.

    • Anonymous says:

      Do Tara and Moses pay taxes in the USA ?, if they do then they are Americans all the way, taking CI dollars to pay U. S. taxes.

  27. Anonymous says:

    Hope many are happy tonight! That’s Cayman for you never want to see young get anywhere or get anything in life, Nick don’t let this stop you your a great person some. Some just need grow up an get a life there Day soon come for now my friend get ready fight back harder next go round MK and JT watch out!!!

    • Anonymous says:

      Some need to grow up and actually work in life! Having one little customer service job and resigning after a year and a half? Who really needs to grow up?

      • Anonymous says:

        SMH – Guess when you are the privileged few, you don’t have to work – you can just hop professions, have ja job given to you, and be put as Head of a Board. But then again that’s how it goes in Good ‘Ole Cayman Brac, right? The Brac Mafia continues to reign!

    • Anonymous says:

      Anonymous 9:49am PAY ATTENTION:
      “realize and recognize that this ruling is up holding our constitution and not something done to him by someone else’s actions”
      Get it?!?!?!!
      It’s not another one of those tings that you get by with cuz you’re entitled.

  28. Anonymous says:

    PPM just got thru again. Alden, see if you can kick out DT so your Red Bay set up goes as planned. Now that’s Progressive!!!!!

    • wow says:


    • Anonymous says:

      Just proves how ill prepared this young man is. Fell flat on his face before the campaign begun. Can you imagine what his performance would have been if he had won.

      Nick learn from this. You are too young and inexperienced to hold this high office.

      Renounce and come back in 15 years. Achieve something in your life before putting yourself forward to run our beloved islands.

      • Anonymous says:

        6:24 am, you are full of S…, Nick was going by what his Lawyer told him, but he could not win because the PPM govt. was in power

        • Fred says:

          S lawyer then. Law looks crystal clear. Foreign citizenship from birth? OK. Foreign citizenship by application not any other basis other than your own birth? Not ok. Unless of course you resign it. But try keep it and run? Not a surprise when you get rejected.

      • Anonymous says:

        15 Years isn’t even on the 4 year election cycle! Let’s make it simple for you count by 4, 4, 8, 12, 16, 20… Don’t see a 15 anywhere! Sound like you need to go back to school and take some math lessons!

    • Anonymous says:

      In the Brac theT’s and K’s believe that they and their families only should have anything big and the voters are helping them. wake up Voters and stop this, vote them out.

  29. Smh.....Rme...mdo.....I'm confused & bewildered says:

    HELP!!…I’m missing something here……..

    Can someone please tell me the difference between an American citizen and an American citizen… by birth and one by descent……and in both cases (Tara’s and Nickolas’s) NEITHER one person applied for their US citizenship directly; BOTH received and obtained their citizenship through their parents actions &/or decisions prior to their existence into this world, in two different ways/methods BUT the FACT remains that THEY ARE BOTH USA CITIZENS.

    How does, as in Tara’s case, she does not have any ALLEGIANCE to the USA but is an American citizen?

    What makes Nickolas’ USA citizenship one of ALLEGIANCE???

    When is a US citizen NOT considered to be a US citizen????

    Are they not both liable for taxation to the US IRS due to their US citizenship???

    As a US citizen they are BOTH required to file USA IRS FATCA due diligence with Cayman Banks due to their US citizenship (taxation purposes).

    • Anonymous says:

      “who at the date of his or her nomination for election possesses no other citizenship save for any right he or she may have to some other citizenship by virtue of his or her birth outside the Cayman Islands” Read carefully then you will understand.

    • Anonymous says:

      Tara has her US citizenship strictly because she was born in the US. She has no immediate (parents/grand-parents) family members who are US citizens. DaCosta has his citizenship because his Grandfather was American. It’s strictly a matter of who your parents/grandparents are.

      The constitution was written that way so that Caymanians who fly to the US and give birth there (for medical issues or whatever) and end up with a child with US citizenship (anyone born in America is automatically a citizen) don’t have to worry about their child not being considered Caymanian enough to run for office some day.

      • Anonymous says:

        Law of domicile English…read about it…its sexist as it comes and right up the alley

    • Anonymous says:

      You are incorrect.

      Tara didn’t have a choice since she was born there. Nickolas had to actually apply for citizenship and pledge allegiance in the process. His parents didn’t apply for it, he did!

      • Anonymous says:

        Nickolas did not apply for his American citizenship he was entitled to it as his grandfather was an American citizen – inheritance. His parents would have probably registered him as an American Citizen born abroad. They would have got him his American passport to which he would be entitled.

      • Anonymous says:

        Please do not comment what you do not know. he was a minor when he received his citizenship that his PARENTS applied for him.

      • Anonymous says:

        AND he used it. He has a voting record in Florida.

      • Anonymous says:

        Was Tara living in Cayman the 400 days before election.I understand she was working in England.

    • Anonymous says:

      What about Moses isn’t he a US Citizen?

    • Anonymous says:

      I think the difference is Tara is an automatic citizen because she was born there. Nickolas got his through his grandfather which means he applied for his citizenship. Tara applied for a passport, but didn’t have to apply for citizenship because she was born there. That’s my understanding of it.

      • Anonymous says:

        Children of American children are Americans. You don;t apply for citizenship. Americans are not allowed to enter United States on a foreign passport. The only option Nickolas has is to renounce citizenship.

    • Anonymous says:

      8:16. Calm down and read both Tara and Nick judgments. It’s an ABC matter. Come on you can do it.

      Tara was born in a foreign country Nick was not.

      • Anonymous says:

        I understand what the law says, but it is a hell off a law, when someone is born in a foreign country can vote, but someone born in Cayman, can’t vote in Cayman.The law needs to change ASSP.

    • Fact Check says:

      Nickolas or his parent/grandparent did in fact have to submit an application. There was nothing accident about the application process. This is totally different from being born in the US.

  30. Anonymous says:

    Let’s see if they pay now.

    • Anonymous says:

      Indeed. Lets see if Section 30 (1) of the Elections Law (2013 Revision) is enforced both in this instance and that of Top Secret Candidate X and some people do in fact pay.

  31. Anonymous says:

    Would that withstand a human rights challenge in Europe?

    • Anonymous says:

      Europe will shortly no longer have jurisdiction over us …who cares what Europe says.

      • Anonymous says:

        How ignorant is this poster? Will we bother explaining what the difference is between the ECHR and the EU? Or do you reckon they are too stupid?

    • Anonymous says:

      Probably it would, but it is not 100% clear. Current restrictions on voting and standing in elections on non-natives are more vulnerable to challenge, especially for those resident for over 10 years.

  32. Anonymous says:

    Moses is an American too.

  33. Anonymous says:

    The CJ is to Cayman as Lord Denning was to the UK. A master of making strange rulings.

  34. Anonymous says:

    “For the love of money is the root of all evil: which while some coveted after, they have erred from the faith, and pierced themselves through with many sorrows”. Looks like the scotts, dr. t and whitey made a bad investment.

    • Anonymous says:

      For the love of fast cars, women of the night, hiding behind the pulpit, and knowing everything about everything plus the cover ups is what it is all about – watch the space more to come!

      • Anonymous says:

        I’m so confused… how can someone hide behind a pulpit? They’re up there. Obviously they’re not hiding.

        Now, a bar room? A back yard shed? Maybe retirement or the internet you can hide behind. Sounds like a few people are upset for their own failings and short comings in life. All is well that ends well!

        • Anonymous says:

          Hiding behind the pulpit, should be Not allowed in the pulpit. 1 Samuel 2:12-36 – Let’s see..parked in the back roads on the bluff…still cleaiming to be selfrighteous? Let’s see if the steamed car glass windows can tell the story or maybe the passenger will? What nationality was that one. Hiding behind the internet…why don’t you sign your name…that’s right? No need to – the red face and chewing of the corner of your mouth says it all as you write. We all know who you are!

        • Anonymous says:

          What about the drive through liquor store saga – oh, that’s right, nothing came of this accident! SMH

      • Anonymous says:

        Do Youth Leaders have to undergo background checks? Just wondering…maybe those explicit messages sent by a certain Youth Leader to underage girls will surface and bring to light some more of the cover ups that happen when you are a part of the elite group. SMH

  35. Anonymous says:

    Good decision on the part of the Chief Justice and good reasoning behind it. We can still have faith in our justice system.

    All DaCosta has to do is renounce his US Citizenship and try again in the next election. From all accounts he is a good man and could make a worthy representative.

    • 6:59 Do you have any appreciation whatsoever about the small talent pool in these 3 islands? You have faith in the justice system because of how it restricts so many fine people who have spent more than half their lives on these islands. Sad. Really sad.

      • Jotnar says:

        He has faith in the justice system when the judge applies the letter of the law without fear or favour. The CJ did not pass the law, your MLAs did. Blame them if you are unhappy with the consequences.

    • Anonymous says:

      A born American can renounce their’s too!! Yes they can.Tara could have done that, but she didn’t

  36. Anonymous says:

    I guess he is not caymanian afterall

  37. Anonymous says:

    Quite simple really CI Const. 61(2)(b) who at the date of his or
    her nomination for election possesses no other citizenship save for any right he or she
    may have to some other citizenship by virtue of his or her birth outside the Cayman
    Anyone who had taken time to read the qualification requirements or had legal advice would not have been surprised.

    • Anonymous says:

      Liar liar pants on fire…

      Disqualifications for elected membership
      62.—(1) No person shall be qualified to be elected as a member of the Legislative Assembly
      (a) is, by virtue of his or her own act, under any acknowledgement of allegiance, obedience
      or adherence to a foreign power or state;
      (b) holds, or is acting in, any public office;
      (c) has been adjudged or otherwise declared bankrupt under any law in force in any part of
      the Commonwealth or the United States of America and has not been discharged;
      (d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any
      law in force in the Cayman Islands;
      (e) subject to subsection (2), is serving or has served a sentence of imprisonment (by
      whatever name called) exceeding twelve months imposed on him or her by a court in any
      country or substituted by competent authority for some other sentence imposed on him or
      her by such a court, or is under such a sentence of imprisonment the execution of which
      has been suspended, or has been convicted by any court in any country of an offence
      involving dishonesty;
      (f) is disqualified for election by any law in force in the Cayman Islands by reason of his or
      her holding, or acting in, any office the functions of which involve—
      (i) any responsibility for, or in connection with, the conduct of any election; or
      (ii) any responsibility for the compilation or revision of any electoral register;
      (g) is a party to, or a partner in a firm or a director or manager of a company which is a party
      to, any contract with the Government for or on account of the public service and has not,
      within the period of one month immediately preceding the date of an election in which he
      or she is a candidate, caused to be published a Government Notice setting out the nature
      of such contract and his or her interest, or the interest of any such firm or company, in it;
      (h) is disqualified for membership of the Assembly by any law in force in the Cayman
      Islands relating to offences connected with elections.
      (2) For the purposes of subsection (1)(e) and section 63(g)—
      (a) where a person is serving two or more sentences of imprisonment that are required to be
      served consecutively he or she shall, throughout the whole time during which he or she so
      serves, be regarded as serving a sentence exceeding twelve months if (but not unless) any
      one of those sentences exceeds that term; and
      (b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in
      default of the payment of a fine.

      • Anonymous says:

        You missed the section above witch clearly show Dacosta would not be able to run. Try to be more thorough and you will understand.

  38. Anonymous says:

    At least he had them Brac maffia very scared

  39. Anonymous says:

    How is it that Smellie hears all of these cases? Are they allotted to the judges randomly or does he get to pick the ones he wants to hear?

    • Anonymous says:

      He gets to pick the ones he wants to hear. That is the privilege of being the Chief Justice. For the most part he exercises it sensibly. He is the top judge for a reason, so complex, sensitive and high-profile cases go to him. He has been Chief Justice for two decades now. Every common law country allocates such cases to its best judges. Nothing out of the ordinary.

  40. Anonymous says:

    The election office would’ve dealt with this on their own, but a little help from backstabbing ‘friends’ pushed it along. I hope you can sleep good at night Baptist Boy. But try sleeping at the right house.

    • Anonymous says:

      Seems that the election office and the courts did deal with this. The only problem is that you are unhappy with the outcome. Ignorance of the law is no excuse and no one should expect to be above the law.

      • Anonymous says:

        Funny how does the Cayman Islands get to tell the US who is a citizen at birth? Tara was born in the US, citizen at birth. Nick was born to a US citizen and therefore according to the US citizen at birth? What’s the difference why does the Cayman Islands government have the audacity to treat them differently. Maybe the US government should investigate. Does the Cayman Islands now have the right to set precedence above US law?

    • Anonymous says:

      Maybe someone getting the blame for a major oversight on behalf of the “not” so golden child is your way of casting negativity on another person. If you want to put blame, at least give the right person credit. Check the elections office and enquirer who the complaintant(s) was/were. Zzzzzz.

      • Anonymous says:

        SMH…what a selfrighteous person…mmm…your conscience should prick you really good…listen carefully, God is trying to speak to your heart…the truth will surface in good time. No need to guess who is involved, it is clear that the hatred in your heart, speaks volumes in your posts.

    • Anonymous says:

      Lets All vote for Maxine and Rudolf now! teach um a lesson, progressives!! what have any one of them done for you lately? Brackers wake up!

      • Anonymous says:

        12:07 am, yes Brackers wake up, make a mistake sometimes but please don’t make a career out of it.

      • Anonymous says:

        Be sensible…Moses K is the best candidate for the Sister Islands, noone else has accomplished as much. He should be made Premier. The other candidates cannot represent the Cayman Islands internationally, in fact they cannot even speak proper English, they cannot read a balance sheet or plan a budget, their ability to contribute to intelligent debate on critical matters is slim. The Sister Islands residents should not make silly mistakes, you have a quality candidate in Moses K. Return him to the LA where he can continue to help Cayman.

        • Anonymous says:

          It is true that Moses is articulate and can represent CI internationally. Nickolas as well. Ruddy and Julianna not so much. Too bad we couldn’t have had MK and ND.

          • Anonymous says:

            Be serious Lil nic is a child. He would not be able to represent Brac and Little against the likes of Ezzard or Mac let alone overseas. Juliana has already done a fine job of representing Cayman internationally.

            • Anonymous says:

              He’s a young man not a child. I can’t understand people. Always putting our young people down when they are trying to get ahead in life.

            • Anonymous says:

              10:20 am, Juliana was/is the speaker for the last 4 years and could NOT represent the Brac, she deserted the Brac and she will do it again if we East Bracker voters, vote her in again, so vote sensible.

  41. Anonymous says:

    When is a Caymanian, not a Caymanian? Ask your incumbent political opponent.

  42. Anonymous says:

    Oh wow. What a mess! I might stay home on election day. Can’t bring myself to vote for someone only looking to fill his own pockets. Maxine looks pretty good right now though.

    • Anonymous says:

      Moses pockets are most likely already full, not sure about the other candidate(s).

    • Anonymous says:

      6.03pm You will think more clearly when you have sobered up.

      • Anonymous says:

        I have proven that Moses is an honest man and a good Representative for these Islands. He is not a biased person and a man to his word. But on the other hand Representative should not be a Speaker of the LA when they should be in Cayman Brac looking out for the people who vote them in. With two fat salarys no wonder one don’t want to come out. Then before the Election asking around Candidates to support them with the Speaker of the House Position. This time that Position will be given to someone who is not an Elected member and the Public seems to have the right person in place. Two fat salarys and the poor Seamen who built these Islands have to survive on $550 per month.

        • Anonymous says:

          11:52pm,l Remember Moses did nothing for the Seamen,nothing at all, we wonder if we elect him again would he do something .

          • Anonymous says:

            Agreed after all the only thing he did was help them get their centre rebuilt after Paloma.

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