In March 2014 Cayman’s Premier Hon. Alden McLaughlin made a speech at the University College of the Cayman Islands Anti-Corruption Conference.

In this speech he said, “A key piece of legislation was passed in 2010, the Anti-Corruption law, supported by the Anti-Corruption Committee. We encourage anyone who does any business with public bodies to acquaint themselves with the law because it applies also to them; not just public officials.

“The Law covers public offices from Justices of the Peace, to the Legislative Assembly and Cabinet. It also covers persons serving on all Statutory Board/Authorities, Tribunals and Commissions of Enquiry, as well as Jurors.

“It covers a range of offences from bribery of public officers and members of the Legislative Assembly, frauds on government, contractors subscribing to election fund, breach of trust by public officials and members of the Legislative Assembly, abuse of office, bribing foreign public officials, and conflict of interests among others. We have an Anti-Corruption Commission that is charged with administering the law.

“The Anti-Corruption Commission has broad reaching powers to investigate reports of corruption, liaise with overseas anti-corruption authorities and obtain Court Orders to freeze the assets of those suspected of committing corruption offences. “The ACC is considered a vital body for investigating reports of corruption to help stimulate the accountability and public confidence in the Cayman Islands.

“We do recognise that we cannot fight the scourge of corruption alone and thus work closely with countries and bodies regionally and further afield.

“But all of our laws aren’t just for compliance globally. We know that to end corruption in the Caribbean, we have to begin at home.

“As Matthew 7:5 says in the Gospels… “first take the plank out of your own eye and then you will see clearly to remove the speck from your brothers”.

“Last month we pushed through the Standards in Public Life Law 2013 that requires anyone in public life – from lawmakers to board members – to make a declaration to the Commission for Standards in Public Life of income, assets and liabilities. Those who fail to do so could face hefty fines and possible imprisonment.

“This is a very serious piece of legislation. We must ensure that conflicts of interest do not influence or colour the decisions that are taken. We believe that while the law has far-reaching consequences, it will be nothing but positive for the reputation of our Islands.”

In March 2013 the Anti-corruption Law snagged its first victim:

“Patricia Webster, a young Royal Cayman Islands Police Service (RCIPS) civilian staffer, pleaded guilty to several counts relating to the misuse of information on Tuesday (12) under the new Cayman Islands anti-corruption law.”

David Baines, Commissioner of Police and Chairman of the Anti-Corruption Commission, proclaimed, “The Anti-Corruption Commission and the Royal Cayman Islands Police Service will continue to receive and vigorously investigate allegations related to misconduct in public office and other related offences”.

Therefore, one can conclude from all the above the answer to my question “Is our new anti-corruption law adequate?” is a resounding YES!

Actually it is ‘No”.

Cayman’s anti-corruption law is considerably more limited than legislators had intended.

This was very recently brought home when Edlin Myles, the former deputy chairman of the National Housing and Development Trust had all his previous charges of for breach of trust and abuse of public office dropped.

He was originally charged under sections 13 and 17 of the Anti-Corruption Law 2010 but the crown could not define him as a public official under this law.

Even though this law was put in place to stop persons from using their position for personal gain whether Myles was actually a public official was in doubt.

This is the problem when we in Cayman adopt laws from other jurisdictions without localizing it. In Cayman we have numerous persons, like Edlin Myles from the private sector, volunteering their services on government company and statutory boards. It would appear these persons are not covered under the anti-corruption law. It only applies to civil servants sitting on boards and the employees of the government companies and authorities.

One can only wonder how something so fundamental could have been allowed to slip through?

To sum up. The answer to my question “Is our new anti-corruption law adequate?, is NO!!!