With the government’s recent initiative in relation to the collection of stamp duties on all leases a question has been raised on the recent tenancies by former Commissioner of Police David Baines in the Cayman Islands from 2009-2016.

Cayman lawyer Peter Polack has asked government to confirm the following readily available information at their earliest opportunity:

1. How many tenancies have existed in regard to David Baines?

2. The total revenue of those tenancies?

3. The number and amounts of stamp duty payments made by David Baines in respect of those tenancies?

4. Whether you will seek confirmation of the foregoing from your department and David Baines?

5. Whether you will seek collection of any stamp duty due in respect of the tenancies of David Baines?

Polack has also asked a similar question regarding the Silver Oaks apartment described as George Town East Block 20D Parcel 408 H43 and also Silver Oaks HL15 owned by the Attorney-General Samuel Bulgin.

Polack says the Attorney-General “has owned the apartment for over a decade which is not his main residence and believed to have been the subject of several unregistered tenancies.”

He asks:

1. How many tenancies have existed at that apartment since acquisition by Samuel Bulgin and any others that he may have or had an indirect or direct interest?

2. The total revenue of those tenancies.

3. The number and amounts of stamp duty payments made by Samuel Bulgin in respect of those tenancies.

4. Whether you will seek confirmation of the foregoing from your department and Samuel Bulgin.

5. What is the policy of the portfolio and the Ministry of Finance on the failure to pay or delay in paying stamp duty to include interest, penalties and prosecutions.

6. Number of prosecutions by your portfolio and/ or the Ministry of Finance for failure to pay stamp duty 2013-2015.

“In regard to numbers 5-6 above you may be unaware that some 10,000 persons in the Cayman islands have been prosecuted for breaches of the law and that breaches of the law should be reported to the RCIPS and/or DPP.”

It will be interesting to see how quickly the information is received, if it is, and the nature of the reply.

I expect government hope Polack takes time off to write another book. I know he has taken time off to write one at the moment and that I believe is the reason he has been relatively quiet.

Thank you Peter. When I awoke this morning I hadn’t a clue what I was going to write about.

God does answer prayer in a sometimes mischievous way.

UPDATE:

In response to a question I asked Peter Polack regarding the ordinary man on the street now having to worry being prosecuted for not paying stamp duty over the years from his small rental rooms income he said:

Colin

The thing is that the few that benefit from thousands of tenants are genuinely concerned about the failure to pay stamp duty and the possibility of prosecution.

They need not worry as their interests are well protected in the upper reaches of government at $200 a plate.

The lines of public assistance grow longer as the man in the street realizes there is one rule for them and one rule for us.

There is no greater threat to our system of justice than the continuing trend of selective prosecution.

Yes , you can quote me.