NCFC ends legal battle, appoints new NCC

(CNS): The National Coalition for Caymanians has revoked the previous controversial appointments to the National Conservation Council made by the former UPM minority government earlier this year. The new government has appointed a new slate of members, which includes scientists and technical experts, putting an end to the legal battle between the old members who were fired and the government.

The judicial review brought by former NCC chair Stuart Mailer, former member Patricia Bradley and the first ever NCC chair Christine Rose-Smyth was scheduled to be heard on the Thursday before the General Elections.

The trio were arguing that the move by the previous Cabinet to fire six members of the council, who were expecting to serve until August, and appoint seven new members, most of them not scientists or technical experts, was unlawful.

Chris Butler KC, who was representing the former NCC members, had made several submissions to the court during Thursday morning’s proceedings, arguing why the move was unlawful. But following the break in the hearing for lunch, Tom Hickman KC, who was acting for the Cayman Islands Government, told the court that Cabinet had “reconstituted the council”, so continuing with the case would now be purely academic.

Hickman told the court that the legal team had been made aware of “a positive development”, which was that the new Cabinet had already changed the composition of the NCC and the parties had agreed to end the proceedings. Cabinet made the appointments on Thursday and published the gazette naming the new line-up Thursday evening (see below).

Following the order from the court that the proceedings would be stopped as a result of an agreement between the JR applicants and the CIG’s legal team, with just the details of costs to be ironed out, Stuart Mailer and Patricia Bradley told CNS they welcomed the decision.

“This was never about us as individuals but about protecting the integrity of the council,” Bradley said, adding that they were satisfied that this time the new appointees were qualified members who would be fit to carry out the remit of the NCC.

Stuart Mailer said he was content that the new appointments had been made based on science and expertise as required under the National Conservation Act. “It was always about protecting the NCC and ensuring that those who serve will be able to carry out its conservation function.”

The proceedings were formally ended when Justice Marlene Carter, who was presiding over the judicial review, welcomed the agreement as she observed that this was “obviously a matter of some national interest” and the “optics are better when there is agreement”.

In the order setting out the agreement to halt proceedings, she said the respondent (the CIG) “having taken a decision on 15 May, 2025 to revoke the appointment of certain members of the NCC and to appoint certain new members, upon the applicants and the respondents having agreed terms for the settlement of the application, it is hereby ordered that… the application is withdrawn”.

She noted that the government has agreed to pay part of the applicant’s costs, and the remainder will be agreed upon before 5 June.

Kate McClymont, the attorney from Nelsons who was representing the former NCC members and had instructed Butler to argue the case, said that even though the applicants were not reinstated, her clients were happy with how the new appointments were made, as they were in line with the requirements of the law.

According to the gazette, Dr Ian Kirkham, a scientist and the only member of the council not fired by the former Cabinet, will now chair the council as the expert on terrestrial ecology. Geddes Hislop has been appointed to represent West Bay and Wildlife Conservation. Nikolaus Foster has been appointed as the representative for Bodden Town.

Walling Whittaker will represent George Town and is also an Environmental Engineer. Meanwhile, Donald McLean has been appointed as the representative for East End, while Harris McCoy will represent North Side and Kathleen Bodden-Harris the Sister Islands.

Dr Samantha Shields is a technical expert in Conservation Medicine, and Catherine Childs will now represent the National Trust.

Meanwhile, the directors of the departments of agriculture, environment and planning or their nominees all remain on the council as ex-officio but nonetheless voting members, as set out under the NCA.

See the Gazette below.

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