Editorial
Democracy:Actual or Potential Existence?
In small societies such as ours in the Caribbean and Cayman can be no exception, sitting judges in the court,particularly those who have been brought in from other jurisdictionsto preside over trials have been at times weighed by their willingnessto convict persons accused of criminal wrong doing, because ofthe influence of public demand rather than observing theprinciples of justice.
The rules of justice are: (1) The accusedwill be presumed innocent rather than guilty; (2) The accusedwill have the right to have an attorney represent him; (3) Thegovernment will be required to prove the defendant's guilt beyonda reasonable doubt; and (4) The defendant will not be requiredto testify or incriminate himself.
Where did these principles from? From theBill of Rights of the Constitutions of the United Kingdom, theUnited States, Canada and just about every country which claimsto be a democracy. This principle is supposed to protect peopleaccused of crimes from overzealous prosecutorial abuse.
Unfortunately, however, this principle continuesto elude some. Government's contempt for due process of law whichis fundamentally guaranteed and enshrined in the Bill of Rightsof many countries is a precept to which the Cayman Islands hasno such claim.
By steadfastly maintaining for almost threedecades that appeals to decisions by members of the ImmigrationBoard, who are appointed not work - for the Government Administrationof the day who will decide the economic and social fateof applicants, past Governments prior to the one that was electedin 2000, showed its contempt for fairness by sitting as judgeand jury over appeals.
The appointment of an appeals tribunal todeal with these matters is a judicial concept that stretches allthe way back to Magna Carta nearly 800 years ago. Justice HenryGraham correctly referenced this recently when he ruled that theGovernment should reinstate the quota system for applicationsfor Cayman Status, which was placed in moratorium in 1991. Hisruling resulted in the justifiably successful grant to hundredsof new citizens.
As the great 18th-century British legaljurist Sir William Blackstone put it, trial by jury in thiscase the Immigration Appeals Tribunal - is the "palladium"or the "bulwark" of a free society.
With the appointment of ordinary citizensto decide whether or not the Immigration Board's decision wasjustified in the refusal of a grant, this is a giant step towardsaccepting the rights of humans who have come to live, work, andeven at times, be born amongst us.
Unfortunately, while the electors have trustedpoliticians by putting them in office, these same lawmakers turnto appointees of Boards, expecting them to deliver the "right"result in their favour. In fact, that's the reason that many countriesthroughout history have opposed rulings by Government throughthe appointment of an Ombudsman and the process of Referenda.
These are just some of the still unansweredissues, which must be considered by a majority of the people,as they become involved in the Constitutional debate at hand.
A majority of the people have not spoken.This is obvious, and will most likely be the most daunting taskthrust upon the new Governor, His Excellency Bruce Dinwiddy, whenhe assumes office this coming Thursday afternoon.
The country, and particularly the politicalhierarchy are totally immersed in the preservation of power, whilethe country continues to reel from a very unstable state of domesticand economic activity.
Faced with the rising costs of living includingutilities with reduced earnings provided by tradesmen and otherservice providers, an unprecedented spate of unemployment andthe departure of several resident families and businesses to otherclimes, it does appear that it may be in the best interest ofeveryone, that the British Government should appoint a commissionto arbitrate the Draft Constitution or mandate a referendum orfresh election to settle the distractions which are sending thewrong signals to investors and many of the citizenry.
Mr. Dinwiddy can nevertheless be assured,that his assumption of duty as Governor will have the supportof the people of the Cayman Islands and this medium, as long ashe commits to the transparency expected from the authority ofhis office.