Cement driver caught clearing truck in Barkers
(CNS): Local mangrove activists recently came across a cement truck clearing its mixer in the mangroves at Bakers after delivering its load to a nearby development site. Although only a small amount of cement was dumped, it has turned to concrete and killed several mangroves in the area, which the activists reported to the Department of Environment.
The driver has since been warned, and the DoE has stressed that no amount of cement should ever be released into the natural environment.
DoE Director Gina Ebanks-Petrie said that this was a first offence and appeared to be a genuine mistake, but she urged the construction sector to make sure all of their drivers know the law.
“We strongly encourage everyone in the development and construction industries, in particular, to ensure training is given to employees at all levels to prevent incidents such as these from continuing to occur,” she told CNS following our inquiries about the incident.
The truck had been spotted by a member of the Mangrove Rangers, who was in Barkers when he saw the driver appearing to be dumping concrete. He videoed the truck and sent the footage and details of what he saw to the DoE. The ranger returned to the site a few days later and documented the results, which showed the hardened concrete among the lawfully protected mangroves.
The DoE told CNS that it had investigated the report and an enforcement officer had spoken with the driver. He learned that the driver had been directed to rinse his trough across from the construction site by a worker where he had delivered the cement.
As a result, the enforcement officer spoke to both parties and warned them that this was against the law and all construction waste, including cement, must be disposed of in the appropriate manner.
The DoE said that when contacted about the incident, the concrete company said the standard policy was to clean trucks within the business compound. Since both individuals appeared genuinely unaware of the infraction and it was a first offence for this particular concrete company, the DoE said that a stern warning was issued to all parties with the clear intention to prosecute should a second offence occur.
“We generally choose to give warnings when it is a party’s first offence and we believe it’s an honest mistake and the impact is minimal, whether it is for poaching or any other infraction under the National Conservation Act,” Ebanks-Petrie explained, as the goal is to encourage compliance.
She said that in this case the mangroves were damaged, but thankfully the impact was minimal, as it was a small amount of concrete residue on the roadside and away from any dense vegetation.
“That said, a second or a worse initial offence will absolutely warrant prosecution,” she said. “It’s everyone’s responsibility to be aware of the law, particularly around the activities of their respective industries, and most importantly, to ensure every member of their staff is trained appropriately in both the legal and best practices.”
Ebanks-Petrie added, “One of the challenges we continually face is that many times operators on the ground are simply not fully trained to ensure inappropriate decisions such as this are mitigated.”
The DoE believes that the appropriate action was taken in this instance, though the Mangrove Rangers said they were concerned that dumping even a small amount of concrete on the mangroves has a significant impact.
See video footage below supplied by the Mangrove Rangers:
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Category: Crime, Environment
Menelaus:
He with whom awe and reverence abide,
Doubt not, will flourish in security.
But where outrage and licence are not checked,
Be sure that state, though sped by prosperous winds,
Some day at last will founder in deep seas.
Yes, fear should be established in due season.
Dream not that we can act as we desire,
Yet avoid payment of the price in pain.
Wait, poaching is also let off with just a warning?!
What absolute nonsense is this?
Our islands have unique flora and fauna that nowhere else has and instead if enforcing strict laws to protect them, people can just steal and sell them to others on island or overseas with just a warning as a repercussion. IF they even get caught 😑
How can we move forwards with such a backwards mentality regarding our home?
Should have been ashamed to have even made that statement when interviewed, what a poor excuse for a law.
Shocking that a driver got caught doing anything illegal here.
It is difficult to believe the truck driver is that ignorant. Put his arse in jail and charge the company operating the truck also.
How can you make this “mistake”. No consideration. Where are these people’s head at.
Drive a dump truck down a dirt road, pull over in a spot where you don’t expect you’ll be seen and unload useless concrete on the ground. Sure sounds like a mistake, doesn’t it? Hahahahaha!
Does the law give the DOE discretion? If so please quote the section. Otherwise the DoE needs to be held accountable for failure to enforce the law and there should be consequences. This creates a dangerous precedent!
All enforcement agencies have discretion.
Except where the legislation includes language stating “This Law binds the Crown.”
No discretion for government officials.
Not even a judge has discretion not to enforce if it went to court.
Disability Law is binding on the Crown.
Tobacco Law is binding on the Crown where police officers are named in Law as Authorised Officers to enforce the Law.
Therefore, to your point that “All enforcement agencies have discretion”, nope.
Not all.
Even if the DoE does have such a discretion, they should still be accountable for using it. When the breach of the law is so blatent something doesn’t smell right when the DoE starts making excuses for the offenders.
I witnessed this happening a few years back in Yacht Club. We called the company and reporting the drivers actions m, however it doesn’t appear any action was taken as years later the concrete is still in the mangroves. So sad.
I blame the work permit holders…. Why not
Instead if fining the driver or the company make them 100% Caymanians and within weeks they will be out of business
How does the DoE get to decide which laws get enforced? Surely that is the CPS job?
Ask the Director level management who make arbitrary decisions based on subjective opinion. Scientists and teachers rarely make good police officers or lawyers without appropriate training.
Then ask the junior management and supervisory level, who don’t have a days credible management or law enforcement experience amongst them.
Then, trickle down to their staff, specifically their senior staff who either fail to complete case files before statute bar, or due to personal business interests, aren’t where they should be to protect our environment. DoE will remain unfit for purpose as an enforcement organisation until professional directors and managers are installed, instead of continually extending contracts for over 65’s and allowing the gravy train to continue.
One day Cayman will catch on to this failure in government.
None of this is a secret, just ask.
Here, here. This is one dysfunctional department in long overdue need of oversight.
Too many issues with DOE keep leeching out, especially concerning staff accountability and competence.
DOE….lazy, lazy and lazy!
At the VERY LEAST Supermix needs to pay to remediate the damage and I’d suggest make a decent donation to the NT.
Truck 275
http://www.supermix.ky/contact-us
“Stern Warning”..Hogwash!
Prosecute them!
If not, place a letter on their Immigration File!
Revoke or do not renew their permit.
Oh..is this the cement company newly purchased by the big local family?! Hmmm
It was a supermix truck. Who owns it?
Most interesting would be to find out if the truck driver was born in the same country as the DoE person(s) handling this unlawful incident.
That could account for the pass up along the ranks, because certain nationalities in Cayman are well known to be clannish and looking out for one another.
If nationalities are shared between the truck driver and any decision maker, the Auditor General should step in and recommend prosecution since several laws were broken, not to mention the Litter Law, etc.
No way should this go unprosecuted, especially under this PACT govt with their zero tolerance for acts against the environment!
4.40pm I assume you are referring to Caymanians?.
No lad, look to the east. If they are Caymanian, they were of another nationality beforehand. It is honestly embarrassing to be a Caymanian since the status giveaways like candy started en masse for votes.
Auditors do not investigate the unlawful decisions. It is not what the auditors do.
That’s not the auditor generals job I think you mean the ombudsman, oh wait we don’t have an ombudsman
It’s very easy, place an FOI into DOE and ask. Whilst doing so, ask how many active officers have a valid driving license, they’re a necessity if they are to protect our islands and a requirement of employment. Rumour has it a judge recently relieved one of his for a year.
Don’t forget, apparently only two out of 8 enforcement staff are born Caymanian.
If the public can’t rely on Gina to find the teachable example in this red-handed smoking gun gift-horse, then we need new leadership at DoE. It doesn’t matter what Laws are Gazetted when Gina is free to exercise her individual discretion to re-imagine them, make up her own laws, and full system of justice/acceptance.
Every time you turn around, it seems like fraud is committed in Cayman, acknowledged and then pure blind eyes.
Like at last week’s government press briefing when the Finance Minister Chris Saunders said he was aware of fraud being committed against the Cayman Islands Government when people unlawfully applied for the tourism stipend programme, some never working a day in tourism yet answering the question yes and making up fake places and jobs they worked in tourism!
Only then for Chris to make an unconstitutional and unlawful decision that these criminal offences against the government would not be prosecuted, citing that those persons were ignorant of the law and it wouldn’t be expedient to prosecute.
Yep. Ignorance of the law now seems to be a legal defence in the Cayman Islands.
Chris doesn’t know anyone anymore, including Bodden Town, enjoy the term.
Saunders will be the next premiere! Watch JLP space lol
Barbarians
The driver of the vehicle should be warned as he broke the law for using his mobile phone whilst driving. #RCIPS
If these cement companies need somewhere to dump their excess, I would be happy to assist in getting it for my front yard. Thank you kindly.
It was literally the passenger in a RHD, but inverse visual interpretations are to be expected from someone who would seek to line the front of their home with concrete.
I have yet to be caught drunk driving, looking forward to a gentle slap on the wrist when the time comes.
Ok, sorry but I have now had about enough of Gina and her nonsense. I know her and like her and respect her, but every single development there she and her department have some sort of trumped up nonsense objection to. Some are legitimate of course, but some are just woke treehugger nonsense.
Now…you finally have this idiot caught red handed dumping concrete in the mangroves and we choose to do nothing but warn him?
So, to recap: the DOE is meant to be a thorn in the side of every builder and developer – but the minute they have something concrete (pun intended) to move on, they pull the punch and do nothing?!
All respect, now gone…out the window. I give up with this.
Gina must have gone to the same school of prosecutions as Saunders.
I’ve never had a speeding ticket so I will be sure to ask the police for a stern warning if I am ever caught going 80 mph in a school zone. Ignorance of the law is not an excuse.
Lack of enforcement is exactly why people ignore so many laws and do as they please. If we want things to change all laws need to be enforced 24/7/365 without exception.
Two years ago when I was living in Grand Harbour, I saw a cement truck disgorging its cement in the mangroves bordering the main Grand Harbour road. In broad daylight. Shortly after there was an uproar about a similar incident elsewhere.
This sort of behaviour has been going of for a long time.
I suspect the driver was the fall guy. It was the company’s responsibility and not the driver’s. Gina, you are a wonderful advocate for the environment, but the company has been warned enough, and this is not between the DoE and the driver. It is between the DoE and the Cement Company.
It is high time for the company to be held accountable.
Don’t let the company play on your sympathy. It is their job to ensure their drivers are aware.
I saw a cement truck releasing waste across from Alt and 2 police cruisers drove by and did nothing. Must have been in a rush to get to mango tree
Cement truck poured cement at fishmarket so the fishermen could secure their tents to the ground. Where was the DOE.
Kel filled in the ironshore right next door…
‘We believe it’s an honest mistake’. Yeh cos I have often driven into barkers thinking I was in a cement processing area. Cayman has gone woke.
Yeah, Skylar made a mistake too.
Not a chance.
It was testified in court that Skylar was told that she had to remain in quarantine for 14 days in order to watch her boyfriend race.
Even with being told that again when being fitted with her bracelet after she landed in Cayman 2 days before the race, Skylar admitted to the police that she deliberately left quarantine when her boyfriend picked her up driving her about Cayman.
WTF, seriously WTF. There needs to be ZERO Tolerance for this.
How many companies provide cement in the Cayman Islands?
Do they train their staff? If there was a $10,000 fine to the company for a “1st offense” and loss of the vehicle on the 2nd there would be no 1st offenses.
SMH
hope he is prosecuted to the full extent. disgusting piece of trash.
Mistake, my foot – same type that spits out in the open and throws rubbish on the ground….No respect for the environment nor mankind.
Warned?!?!? That should set an example to look after our environment !
Must be Dart’s fault…
“DoE Director Gina Ebanks-Petrie said that this was a first offence and appeared to be a genuine mistake, but she urged the construction sector to make sure all of their drivers know the law”.
That statement right there tells me that it was some big time company. If it was some little startup, the book would have been thrown at them!!
That’s no excuse Gina!! Why aren’t you taking these people to court???!! Unequal application of the law.
The DoE state that “no amount of cement should ever be released into the natural environment”. So all this liquid cement that is slopped out of the cement trucks onto our roads and solidifies is acceptable?.
It would mean work for DOE – slim chance they were going to do any work even if the evidence is on video. To be quite Frank, if DOE keeps this up, the mangroves don’t stand a chance against, Dart or Planning. The next generation will have to read in books what mangroves looked like.
Gina knows full well that this is an island wide problem that causes huge damage to open land, mangrove and forest.
Perhaps if she’d finally approve a penalty ticket system for all NCL offences, (including marine offences) the administrative and judicial nightmare that comes with case file preparation and lawyers could be by-passed.
Then perhaps the deterrence factor and immediate cost of getting a fixed penalty ticket may just control the devastation that is being caused on a daily basis across these islands.
Combine that with adequate supervision of staff in defined areas of vulnerability, such as Barkers, and something might actually just get done.
Platitudes are fine for fools, but actions will speak louder than words.
So, ignorance of the law IS an excuse? Good to know!
It doesn’t matter if it’s a first infraction or a third. It should be a fined infraction or you set precedent to just give people a slap on the wrist for destroying the only earth we have. Not to mention construction companies should be aware of all regulations which means someone should be fined for not telling everyone the protocol, both the cement company and the construction company.
People have been dumping garbage again as well! Two big separate piles of garbage! Disgusting lazy people!
What else do you expect in West Bay – this has been a family tradition for decades and it’s not the only one.
Pew Pill you are an idiot.
No prosecution. Of course not. Because that would be too easy, wouldn’t it.
Never mind that you would have to be a class one, grade a, premier league moron not to realise the illegality and stupidity of dumping concrete in mangrove. This idiot is clearly too stupid to be driving a cement truck and needs to lose his job. The company should be fined CI$250,000. Any second offence, and that amount should be multiplied by 10 with jail time for the directors.
‘An honest mistake.” = Laws in Cayman are ‘suggestions.’
Simply how this country works.
Not really. It seems that there is selectivity in who they choose to prosecute.
Why wasn’t Dr. Lee and Charles Clifford not prosecuted for unlawful actions with the Doctors Express case, as well as the Attorney General for allowing it to occur, which was professional negligence.
Only for some, try renting a room out in your own home and get the law thrown in your face.
What does the judge say, “Ignorance of the law is no excuse!” DOE should be pressing charges so this is taken seriously. At the very least the company should be charged as their employees should be trained to know that is illegal.
Warned?!
I don’t know anyone would be surprise or even Alarm about this these people who have come here Do not give damn about this place. Please confirm his nationality CNS.
Aww. He got warned. Shame shame.
FINE THEM!!!
Not knowing the law is NO excuse to break it.
NO WARNINGS!
THIS is your warning. Penalize the owners of the trucks. That will make sure the drivers know the laws.
Bad
“honest mistake”? What complete BS. Why the hell is the DoE making excuses for these people? Incredible.
Gina Ebanks-Petrie keeps pulling our punches, and has never been prepared to do what’s necessary to protect our environment. We’ve never read about punitive fines that might actually change these noxious behaviours. DoE needs new leadership. A cement truck driver knows exactly what they are hauling. They know they are hauling cement. They know what happens to cement when it’s poured out, and dries. Everybody understands this. Having driven the truck there, we know they know exactly where they are. They follow their master’s orders. There’s no excuse to NOT write the ticket, fine the truck owner, and/or suspend their TB&L. It doesn’t matter who they are, or the catch and intervention record of that driver.
Time for Gina to be replaced. She has lost it.
A mistake 🤣🤣🤣🤣. Nice one Gina.
Gina has a very serious judgement problem.
The driver was warned? What kind of friggin joke is that?
PROSECUTE NOW