Activist’s legal battle with developer rolls on
(CNS): Caymanian environmental scientist Linda Clark’s free speech battle with luxury condo developer Morne Botes is rolling on through the courts towards a costly defamation trial. In the latest ruling from the court in the year-long libel case, a judge has dismissed efforts by Botes to seek costs from Clark following an earlier hearing in which he ruled that the words used by Clark in a social media post questioning one of Botes’ stalled projects could be defamatory, paving the way for a trial.
Botes had attempted to seek the costs for his own legal team from Clark because he believed he had won the intermediate hearing. But that hearing was held to establish just one point and whether or not a trial could go ahead. Despite his claims on social media, the developer of Boggy Sands Club resort in West Bay has not won the case, which has not yet been decided.
In a ruling delivered on 26 May, Acting Justice Alistair Walters said Clark did not have to pay Botes’ costs for that hearing as the case was not over, and just because he had ruled that the words were defamatory, this did not mean the case would necessarily end in the developer’s favour.
During the previous hearing, none of the evidence that Clark has to support the original comment she posted and the subsequent online exchange that followed has been aired before a judge.
A trial date has not yet been set for the case. In the meantime, Clark has been gaining support on social media, given the implication of the trial for online forums. Clark is accused of defaming Botes as a result of critical comments on the social media page, Cayman Development Watch, which she administered.
Clark posted a comment in relation to development at Barker’s Beach in West Bay, a proposed project that does not have planning permission. It linked to a CNS article about the vulnerability of the local property market to money laundering, which had been raised by the Caribbean Financial Action Task Force (CFATF).
People are increasingly speaking out on social media platforms against luxury beachfront development that poses a risk of beach erosion, continues to limit local access to beaches, pushes property prices beyond the reach of local people and is generally sold to overseas buyers. And they are using various online forums to demonstrate their objections to the type of development that has been very common here over the last five years or so that many believe provides almost no benefit to the local economy or society.
If Botes is successful, this will have a chilling effect on the discussions and the desire for people to be heard on this critical topic. As a result, efforts are being made to help Clark fund her defence and ensure that her legal team can respond to the suit on an equal footing.
A GoFundMe page was created this week and friends of Clark are urging people to give what they can, given the significance of the case. This could be the first time in Cayman where a discussion on social media leads to a defamation award.
Visit the page here.
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Category: Local News
Real Estate Development Money Laundering has been, is and will be part of any strong ongoing economy, from Miami to L.A., from Mexico City to Monaco and so on. The downside is that makes properties unaffordable to the working class but politicians, developers and launderers profit handsomely. A good politician should try to find a middle ground between developers, launderers and working class to allow them access to housing and keep everyone happy, the problem is that such properties are made very expensive, in massive territories so as to push demand over supply to make the laundering process profitable. Coastal developments are a favorite since access to water is limited to the extension of land and the scarcity is a winning bet.
Funny sign, the Premier once held a similar one in public, until it no longer suited his agenda.
Lol – cayman – always arguing against the developers and the expats when it’s the government that don’t give the 50 per cent of the island that are caymanian the education to get level, and rely on the developers and expats for their income
Cayman Gone.
https://periodismoinvestigativo.com/2022/01/cayman-foreign-investors-identity-crisis/
Money laundering in Cayman? No way! I’m shocked like the Mayor of Shocking in Shocktown, ShockVille.
If you think Real Estate is the only way, think about cash based businesses like, oh i don’t know, dealers of things, and maybe, ooh, restaurants and things, and stuff like that. People ‘lend’ $1 and only expect 90 cents back (you read that right).
Doesn’t happen here of course, nobody is running businesses or for ever building things that look impossible to make profits on…right?
Anyhow, here’s to freedom to slander anyone. The woke’s have had it too easy recently, i want to bring back Leave it to Beaver…
Not sure what you mean, my friend.
Don’t send anything, except for your best wishes, sir.
And, without doubt, don’t send any bait up messages.
God bless,
Orrie
Churches are the biggest money launderers
There’s a few multi unit businesses that seem to defy the normal laws of economics for sure!
What’s a “multi unit business”?.
Another absolute shocker which I noticed (belatedly) just today is a towering monstrosity on South Church Street right next to Windsor Village. It is completely out of proportion and character to anything else around there. Who is the developer?
The first of two approved on adjacent parcels.
Developers of that obviously weren’t here in September 2004.
That’s a Chamber of Commerce special.
Yes, one of the results of the DART financed Chamber of Commerce’s growth, Growth, GROWTH…. campaign.
Too many believe BIGGER IS BETTER…not so.
You will find it is the Turk.
Caymanian now Bobo.
Troll
ALT sold the land next to Windsor Village to the Turk. The Turk has lovely taste judging by his subtle construction on SMB opposite Wendys (it does not look like a p*nis, it does not)…so what are worried about? Clearly CAyman is in for another incredibly stunning and environmentally concerned development in South Sound…i can’t but wonder who the realtor may be…oooh, let me guess…let me! (Did anyone say Lacovia?!)
Sorry, but who is “the Turk”? I’m ignorant. Name please. Thanks.
I believe the reference is to Ergon Berksoy. He is an investor who is understood to have acquired multiple properties on Five Mile Beach, and was a relatively recent recipient of status from the PPM Cabinet, in recognition of his substantial contributions to Cayman.
Cayman needs fewer tucks.
Along with many others I put in detailed objections to that f***ing monstrosity, which CPA totally ignored.
That was the old CPA of course, nothing like Wayne’s shiny new sustainable new CPA which … er … rubber stamps every development put before it.
01 @ 2:10 pm – the developer is the Turk/Caymanian with the gilded mansion on SMB; he’s doing 2 developments there.
Oh good God, if Berksoy puts up anything like that go-awful fake gold palace structure he has on West Bay road, that will certainly devalue property in the South sound area,
Can’t believe AL’T wouldn’t sell a small parcel of land to the Government to expand parking for Smith Cove but saw $$$$ when Berksoy came knocking on his door…of course I am sure a deal was done for construction materials through the Home Depot..
Oh the shenaigans..We need like 3 or 4 Cayman Marl roads to shine light on these deals..
They are greenwashing it by calling it Orchid.
Free speech should be protected at all costs
And AR15’s!
Go back to your cave, troll!
“We’ve got white-collar people trying to grab our style
Saying we’re too nasty and we’re 2 Live
Corrupted politicians playing games
Bringing us down to boost their fame
They must be joking thinking we will fall
But they’re like flies movin’ the wall
We stand tall from beginning to end
With the help from fans and all our friends
Freedom of speech will never die”
2 Live Crew
Absolutely
The whole real estate sector needs to take a serious look at money laundering. It’s widely known that the Miami real estate market is / was funded by the proceeds of drug trafficking. In light of the lower AML standards in the US, it is perfectly possible that tainted money could be paid from the US to an otherwise clean Cayman based developer.
And do not forget the world corruption capital – the City of London financial industry.
What the Cayman Islands does is nothing compared to the UK and USA.
Then they have the nerve to attack us!!😡
USA, please keep that dirty money, because the Cayman Islands does not want it.
It’s already here.
Are you kidding?
Money laundering methods in real estate
Criminals use real estate transactions to launder money in several ways, including using third parties eg lawyers to buy property, filtering cash through a mortgage or renters, or simply buying and reselling quickly to legitimise funds. They also help to finance inflated pricing for land and developments which in turn contribute to the rising cost of apartment complexes in the Cayman Islands.
Mr Botes is an upstanding person and a quality developer. Why keep picking on him? Look at all he did for the handicap in Cayman.
‘Handicap’?
But he gave us a mobimat, sort of, he was in the pictures at least, so he should be allowed to build whatever he wants.
Why is the CPA approving these outrageous developments? Haven’t they/ we seen all the damage that construction into the sea/shoreline has caused around the island..
Money is the root of all evil, be it clean or dirty, it does not mean that we should forfeit our coastline to developers. When they build and erosion threatens their construction, who are they going to blame? Let the sea take the buildings as far away as possible.
Why should government have to finance the erosion? Stop the madness of construction and there will be no need for intervention.
Why is the CPA approving these developments??? It’s obvious, they are all in the industry and scratch each other’s backs!
Ask Wayne
Look who is on the planning board, even Dart has one of his army to ensure Dart gets what Dart wants.