Premier plans appeal over port vote ruling
(CNS): Premier Alden McLaughlin issued a very short statement in the wake of Justice Tim Owen’s ruling Wednesday, in which he confirmed that government would be taking advantage of the judge’s offer to grant leave to appeal in the case. Despite the damning findings of the judge about how government handled the case, McLaughlin showed no regret about his approach. Meanwhile, Shirley Roulstone and the Cruise Port Referendum group were celebrating a real victory for the people.
As the CPR were enjoying a major high point on a journey that has been at times exceptionally challenging, the premier was in a very different mood but still unrepentant.
He said, “Understandably, the ruling… handed down this morning is not the outcome that the Government had hoped for. While the Court determined that the Referendum Law was incompatible with section 70 of the Constitution, the question of the appropriate relief to be granted is still outstanding. We understand that it will take some time before an order on this issue is made.”
However, the judge made it perfectly clear that before anything else can happened regarding this specific people’s vote on the cruise project, government must first pass framework legislation to support the constitutional provision.
McLaughlin said that, pending the official order, government would appeal but it would also “take time to consider its next steps regarding the port project, and will issue another statement in due course”.
Justice Owen had said that, given that this was an unusual case with no precedence in law anywhere, it would be unfair not to allow government to appeal the decision.
While the premier was enduring another bad day in a difficult week for his administration, the CPR members were ecstatic.
“Today’s ruling is proof that citizens can and must monitor the actions of their government and be ready to challenge the government when its action or inaction is contrary to the standards of fairness, good governance and democracy,” said Shirley Roulstone of CPR, who brought the successful legal challenge.
Roulstone thanked her legal team, Kate McClymont and Richard Parrish of Broadhurst LLC and Chris Buttler and Helen Mountfield QC of Matrix Chambers, “for having the conviction to represent me despite political adversity and for providing clear, logical and legally sound advice throughout this process”.
She also thanked the National Trust for joining the judicial review and providing important evidence on the devastating environmental impact that the proposed cruise berthing facility will have and the way the government has mislead the public about that impact.
McClymont said the fairness of referendums, like elections, is one of the cornerstones of democracy.
“This is a landmark decision that is likely to result in the referendum on the proposed cruise ship berthing facility, and future people-initiated referenda, being conducted more fairly than would otherwise have been the case,” she said. “Provided the Legislature adopts the recommendations… it is also likely to result in the public being provided with more balanced information on which to make an informed decision when the time comes to vote in the referendum.”
CPR’s Johann Moxam thanked Roulstone for her “bravery, tenacity and dedication to her country. He said, “She stood up against an attempt at injustice at the highest level and won. We are proud to include her amongst our executive committee and to have her represent us and the people of the Cayman Islands in this important case.”
Government has acknowledged that it would be preferable to have a general law in place and plans to bring one to the LA in the second half of this year. But following this ruling, it will now have to do that before it goes ahead with the port vote. CPR is urging the government to get it right this time.
“We encourage our elected officials to engage with stakeholders and seek input on the drafting before passing the next Referendum Bill into law,” CPR urged. “The next referendum legislation should strive for the highest standards of good governance and to provide equality, fairness, transparency, objectivity on the part of government.”
The campaigners said they did not oppose holding the referendum on the same day as the next general election, in May 2021. “Campaigning, whether for a general election or a referendum, takes government focus and energy away from the many other pressing social and economic issues currently faced by the community,” the activists said. “There is therefore an economy achieved by consolidating those two campaigning periods into one.”
Meanwhile, the National Trust, which is understood to be working on a fully fledged law suit regarding the environmental implications of this project, released a statement welcoming the ruling but also raising concerns about government’s decision to appeal.
“Any appeal will inevitably proceed to the Privy Council with the resulting costs and delay,” the Trust stated. It called on government to undertake and release all of the environmental related information necessary for the people to make a decision in this vote and to stop posting misleading information on its port-promo social media pages and website.
The Trust also called on the governor “to convene a public, independently chaired enquiry to examine all of the economic, environmental and social issues which the proposal raises.”
See the full statements from the CPR and NT in the CNS Library
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Category: development, Local News, Politics
Folks the referendum needs to be held before anyone can say that the port has been stopped.
Government seriously needs to get its priorities in order.
Rather than focusing on a port that no one wants or a cruise ship beach again that no one wants or wasting precious times blaming earthquakes on sexuality how about the dump or the blacklist or the traffic issues that are immediate national concerns ? Get to work.
Elections coming soon bobo.
Too bad there is nobody to vote for.
They can only do what they can do and they can’t do what they can’t do. You all should be able to figure what that is by now.
Very interesting tidbit. Tim Owen, Chris Buttler and Helen Mountfield are all members of Matrix Chambers. That means that in the Judicial Review of the CPR Law we had the Acting judge and two of Shirley Roulstone’s lawyers all employed by the same firm. Very interesting optics.
Very common in the small world of elite barristers. The mere suggestion that a QC acting/deputy judge would rule one way instead of the other based on chambers affiliation with the parties’ counsel would be so preposterous as to create serious offence. Barristers are just not like that.
@2.50pm All barristers are perfect? Really? Would you bet your house on it ?Perhaps you could rephrase that to say most barristers are just not like that but to imply all barristers. Nope not buying it.
Are you implying or impugning the character of a standing Grand Court Judge…Justice Owen is a well respected QC and above reproach and would never subject himself to being impartial.
The government needs to accept that this was a fair and impartial hearing and verdict. If the Government’s side at any time felt that Justice Owen was conflicted they had ample time to do that prior to, or during the hearing. The fact is they didn’t because there wasn’t any…
Conflict of interest – the prudent, just person of integrity seeks to avoid even the appearance of conflict of interest. It is not good enough to say “well this is a good person so he won’t operate in a conflicted manner. Simply sitting on the case while a conflict exists is already acting in a conflicted manner….. regardless of how good a person he is. Your logic is akin to leaving your front door wide open when you go to sleep because you are certain that the people walking past your door are good and won’t venture inside your house.
What is the interest that is in conflict here?
Knowing each other in the legal profession in Cayman?
Working at the same place isn’t exactly a conflict of interest
That analogy is also literally the dumbest thing I have probably seen on this site
The lawyers are being paid for advocating for their client regardless of who the judge is
The Judge gets paid regardless of who the defendant and plaintiff are
Where is the conflict?
@4.54pm None so blind as he who would (rather) not see. As my daddy would say ‘ you know betta, do betta’.
To 3.24pm You say “Justice Owen is a well respected QC and above reproach and would never subject himself to being impartial.” Do you realize that what you have written is confusing? Accusing the Judge of being partial or biased, while at the same time saying he is above that.
12:38
Attorneys are bound by rules designed to keep their practices ethical.
Conflicts of interest appear in many different forms in legal cases. Some of the most common examples of conflicts of interests involve the following circumstances:
The lawyer represents opposing sides in the same dispute.
The lawyer simultaneously represents two parties on the same side of a dispute with potentially conflicting interests.
The lawyer has a personal relationship with a party or lawyer on the opposite side of a case.
The lawyer has previously represented a party on the other side of a case.
There is no conflict of interest in your example.
5.58pm I wonder what you would say ahd the situation been reversed. Lets say the judge ruled in Governments favour and the judge and two government lawyers worked for the same company.
How about the MLA’s voting in a new premier? I guess it is impossible with the present crowd but would be sweet. It would also be a lesson to future premiers.
You should give him a credit for ability to “hold face” in this case of adverse development.
He is disappointed and got a painful a blow, yet he is being restrained and careful with his choice of words.
again CNS, really need that EYE ROLL emoji!!
Mr. Premier, please leave the public coffers alone. If you want to appeal this decision, use your fat salary and savings.
The fat salary that comes out of the public coffers?
it’s great here isn’t it? No corruption. No coronavirus. No health care crisis. No issues with garbage disposal. Sensational immigration system. Pensions fully funded. Zero crime. Full employment. Total beach access to the public. Firm ground for development, miles away from any major fault zones. Impeccable political representatives. Education standards envied around the world. Equal opportunity. Uncongested roads. Old age care homes ready for all. Community spirit….ah, why bother. And you know what will change? Nothing. it’s not even short term-ism. It’s wilful neglect. Extraordinary. And we’re 1 mega tremor (whether by earthquake or global financial implementation) from it all totally collapsing. But hey, i’ve got 3 cars.
And we’re 1 mega tremor (whether by earthquake or global financial implementation) + or by an outbreak of disease that spreads throughout the
world.
To 10.31am You say “we’re 1 mega tremor (whether by earthquake or global financial implementation) from it all totally collapsing. But hey, i’ve got 3 cars.” That’s also true for the rest of the Lol. Food for thought
World class my ass
Meanwhile, in the Eastern Caribbean, St Kitts finished their EC$150 mln Port Zante Oasis class pier, only to have RCL trim back visits by 25%. Worse, RCL refuse to dock their smaller Genesis class ships at the purpose-built pier for larger Oasis class. Go figure.
https://sflcn.com/oasis-class-ship-anthem-of-the-seas-avoids-st-kitts-new-cruise-pier/
Alden is bent on seeing another one of his ‘babies’ through to maturity. People let’s not forget the previous big one ‘ THE NEW HIGH SCHOOLS’. What a mess with that one.
History should never be made to repeat itself.
NO!!!!!!!! To any kind of cruise berting facility. Now or at anytime in the future. NO MEANS NO. In ALL situations Mr. Premier.
This comment hit the nail right on the head. Why are we letting this man still run the country and multi-million dollar projects after his track record with Clifton Hunter?
Yes, Cayman is small and “everybody know everybody” but we as voters need to move away from this mentality. Alden might be a great friend (don’t know him personally), but that does not make him a competent leader. Voters need to learn how to differentiate.
“Why are we letting this man still run the country”
Cause unna fools voted for the same fools again maybe?
That was the point of the post..
Antibot .10.04
Off course he’s going to appeal this. CIG and the people backing the dock are going to lose $millions if can’t force it through. I’m just wondering how close RCCL and Carnival are to pulling the plug on their involvement and my guess is pretty close. They don’t like getting tied up in potentially embarrassing local political disputes because it’s bad for their image.
Carnival is having more trouble keeping its passengers alive this month.
HAHAHAHAHA! and yet government continues to keep on the useless attorney general! XXXX every case the government has is lost by him/his office and then paid for by the Cayman peoples. Now we are on the blacklist again also. You would think he would have been replaced a decade ago but oh well its Cayman so expect the looney not the sensible approach.
Even the best attorney in the world can’t win if his client does their best to demonstrate that they are incompetent or crooked.
Lawyer: don’t fight it, do X instead
Client: fight it
Lawyer:
Judge: do X
Lawyer: here’s my bill
Public & client: what a waste of money that lawyer is
The black list is not the fault of any other person other than Minister River. That Ministry ignored a well known deadline. The Minister and her staff have a lot to answer for.
Honorable Premier, are you listening to the voices of your people?! There is a right and wrong way to do things and whether for or against the port if you do not see how important it is to complete the referendum process and create a seamless precedent then you are not for your Country. Shirley, as a young Caymanian I thank you and your peers for stepping up where our representatives did not and making sure the people and our rights are protected.
Bye Alden. South Soundas are over you! Grew up in SS but has nothing to say about smith barcadere..
The port is dead and Government knows it. They are happy for this ruling. Appeal buys time to continue postponing vote while they find an “excuse” to cancel the whole plan. This will be done prior to next year’s elections, giving them time to regroup and run for reelection. Unfortunately it may work as Caymanians have a short memory and we don’t really have any realistic opposition alternatives.
We’ve just been blacklisted and these guys are still banging on about their damn port? Wow.
What an arrogant idiot. He proves every day that he is incompetent and not fit to hold the job of “Premier” Not all Caymanians are sellouts like you Alden. BEEN over you!!!!!!!!!!
Been over him and the whole damn lot for a long time now. They all totally enjoy spending our money and living the good life instead of paying attention to what is happening in our backyards. Shame on you Aldin, Roy, Joey, oh hell the list is too long. You all KNOW better.
Leaders around the world are now showing their true colours more and more. You can’t tell me that they are not being emboldened by Trump and his actions…Alden included
Nothing to do with Trump. This is how the EU and UK operate.
This seems like such a simple fix: Create short legislation that makes all Referendums decided by registered electors who turn up to cast their vote, just as we did with the OMOV Referendum. Make the day a holiday. Easy.
Easy, that is, if the focus is upon the will of the people.
We don’t elect you to pursue your own agendas, we elect you to protect our interests and most of all, to listen to us.
This Referendum is just the first of many. There is nothing we can’t do.
So arrogant and full of himself! I am so disgusted with him and this government…They don’t give a damn about the people anymore..
“Anymore”?
“anymore” implies they once did
Never trust a man’s comments when one plucks his eyebrows…..Dalai Lama!
Stop for a moment Aldart, wasn’t it you chastising collectively the CPR and anyone else that objected to the port for wasting the Govt’s money ? Turns out Ms Roulstone’s was a well justified cause, but to appeal ? – our Premier embarrassingly tarring himself with his own brush.
Aldart you’re a fool with your belligerence in this case compounding that profile. Elected by the people but working against them to try and save face with the PLC’s of the Cruise world. Be brave, you screwed up, time to yield back, – VOTE NO
Fix the Dump
wow…it looks like even the port-bots have now turned on this issue!
Looks like the PPM didnt pay their bills….
can we move on from this port issue please?…it’s dead. ppm/udp have have had 12 years working on it to get something done and they have failed through their own incompetence and greed.
cayman is booming in all other sectors. time to tackle real issues like traffic and the dump.
tourism is growing without the port….put money into stay over tourism and improving the existing cruise experience like improving tendering and the whole congestion nonsense of gt during busy cruise days.
6.16 The referendum hasn’t been held yet.
Poor man. Your people are not ready for progress. That is something for the rest of the world and Cayman at a later time.
Cayman has progressed in many areas, but we don’t need a port that will destroy precious reefs to progress more. Many progressive countries don’t have ports.
Progressed from third world to…
Many progressive counties that are next to water. Sorry. I keep forgetting how ignorant some people are.
As I take stock of current affairs globally, can you name me at least one country where this “progress” you speak of, has proven beneficial to the people of its intended purpose ? The headlines almost daily now speak to a different outcome.
Have you ever been to America? Canada? Europe? Anywhere else but Cayman Islands? If you have been there via headlines then you are still ignorant. But at least you have your pride intact.
Man this comment section is a haven for hate. Problem is what they don’t know they just make up and no one bothers to correct them. Pity.
You have the opportunity to correct them..go for it!! Nothing to say??
Pearls before swine.
Mr. Premier you have me speechless
Just Another Day in Absurdistan
The cruise lines must be too busy dealing with Coronavirus and endless bad press to continue to finance the bots that gave hundreds of thumbs down votes to any anti port CNS comments. Where did the hundreds of thumbs down votes go?? Where did the pro port supporters go?? STAY WOKE CAYMAN!
I doubt anyone is wasting money to buy bots for CNS. Perhaps they changed their minds after all this time?
What Alden has figured out as yet is that he and McKeeva both have lost their base. Alden continues to act like he has the full support of the people and is living in a bubble. It has to be his way or the highway…Guess what Alden, on ramp to the highway is in May 2021 and all I can say to you and your clan is, “Gentlemen start your engines!” The highway, and your way awaits …
How about that whole dump issue ?
Maybe fix it ?
He is such an ass! so disgusted with the whole bunch of them!
Sir,
With a due respect. Please, if your a true Christian and brother of the lodge, give up this fool hardy project.
Your lodge says that it works for the betterment of mankind. Well Sir, God has spoken, are you so set ( Like Moses Pharoah) that you fail to see the truth.
This project IS NOT in the best interests of your fellow mankind.
It IS in the best interests of the District Grand Lodge of Jamaica and the Cayman Islands.
A true Christian and brother of the Lodge is an oxymoronic comparison.
The Lodge is all about temporal power and Jesus is all about eternal life.
The two cannot coexist without deception.
Sell out.
Just how long did this arrogant man think he could fool and control the people of the Cayman Islands? I pray that his time is up!
Mr. Premier this message is primarily for you. As I was having my morning devotion and meditations and praying for my homeland this message came through to me. “Cayman needs a reset, a time to breath to get off this dangerous trajectory that we are on” Mr. Premier there is no need to waste more money and energy on an appeal. Clearly the Referendum law/rule that you/ your legal department set up is flawed so the only thing we really expect you to do is to fix the law. You will be respected more if you do exactly that rather than fighting back the people who hold your party and all who will stand for the next election in their hands. It is fine if you decide not to be part of the next election but surely others in your party must think differently. You are going to waste our funds, that the schools, hospital, prison and other institutions so badly need to fight us down to prove a point. You shouldn’t do this, you can be better than this. I pray that your eyes will be opened and that you will allow Yourself to see the big picture. You can leave this fight that you seem to have embark on, that you will lose ,as your legacy or you can move on, change the referendum law and let things run its course and go out as a statesman. It is your choice, your legacy but our money at stake here. Choose you this day what you will leave behind- memory of a statesman or an arrogant man. Blessings!!
SLEAZEBAG. XXXX Doesn’t matter if you are multi generational, paper, resident expat or completely outside Cayman (like Carnival) – its all about the $. Makes the arguments over who is eligible to sit in the MLA a bit academic. Why worry that a first generation Caymanian may not have Cayman’s interest at heart when you have some one who can trace their bloodline back to the early days completely f** k over Caymanians in pursuit of the the dollar?
@Jotnar at 9:20 pm, WINNER of BEST CNS comment EVER!
Vote No
This has got to be the worse Government yet on so many levels and that’s saying some. Please everyone get registered and vote in the next election and keep speaking out and standing up.
Can’t expect any better from Halden. Everything he touches ends up in disaster. Why people keep electing him I cannot fathom.
Appeal the ruling? Why not issue a public statement of support for the Smith Cove project whilst you are about it? We already think you are bought and paid for – why not go ahead and put it beyond doubt? You are slippery than your hair treatment, and about as credible. In a country with some questionable politicians, you have managed to achieve new heights -but not in a good way. never thought I would say it, but I think McKeeva is more honest and reliable than you!!! Done a great job for the PPM -they must be proud of your legacy.
RESIGN, RESIGN NOW
SMH.
If only he had kept his promise that he would resign…Promises, Promises…or should I say Politicians, Politicians
@7.40pm He never promised to resign.
The arrogance of this man never ceases to amaze me…
Oh give up you idiots! Do you really think a majority won’t vote this project down just to spite you after watching you for months and months fight the people?! You lost! You lost the argument long ago, now you’ve lost the argument about the argument! Just accept it! “We’re sorry, we will work on your priorities now as you elected us to do” is all we want to hear.
Ah, but you make the assumption he cares about the peoples wishes. Its all about his masters interests – and that’s not you and me. Not until you have a few million in “electoral campaign funding” to spare.
7.07 Lets wait for the referendum to be held and abide by the results
Just how much of our money does this arrogant buffoon plan to waste??
All of it to prove a point.
Has he asked his people if this is what they want to spend THEIR money on?? The major does not! This is his own political agenda for $. Everyone can see right through this mess. The people have spoken and the youth are Woke . Just stop the Port and leave Smith Cove alone. #voteno
It’s like he wants us to hate him! I don’t understand, DO YOU NOT SEE THAT WE DONT WANT THE DAMN PORT?
To 6.16pm Some of us want the dock so bring on the referendum
Apparently “some of us” are feeble minded.
With the major cruise lines having a disaster of a year with the PR surrounding the Coronavirus, I suspect the endless financial support of Royal Caribbean and Carnival is about to start drying up. It won’t be long before this whole port nightmare has to be shelved because of a lack of financial commitment. Alden would be better advised to work on getting elected again. After this protracted shivving of the Caymanian people between the shoulder blades, he had better turn those PR resources to his campaign. Otherwise he’s going to have a lot of evenings free to socialize to his heart’s content at Grand Harbour come 2021…
GOODBYE, Mr. McLaughlin! It hasn’t been nice knowing you.
Goodbye, Alden!
And take Barbara, Roy and the whole lot with you.
Can read you like a book Alden. Continue down this path and the PPM and co will be gone for good. So please keep it up.
The people continue to see that you are hell bent on pursuing your own interests.
Change is coming and soon you and the old blood will be gone forever.
Good riddance
5.54pm Old school will be gone? So? Do you realize that the new school that failed you at the last election. They told you Independents was the way to go. Then when they got a chance after the election they couldn’t form a Govt. Not only that but you the public finally realized that the independents did not have a common platform and that putting them in charge was real risky and scary. So blame new blood for giving you the Govt of National Unity.But get this straight new blood will not include any new elite Caymanians. Only generational Caymanians.
Same thing happened to the national Team they were wiped out and never reformed likely a similar situation will happen to the PPM
To 5.54pm He is also acting in our interests. You seem to forget that there are opinions other than your own.
And add more expense to the public coffers?! Just put the damn legislation in place!!!
So frustrating that I paid for the idiotic message I have to listen to for 5 annoying seconds before every youtube video. Aldart you’re disgusting.