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Round-the-world vessel will call at Gibraltar This November, the developers and builders of Nordhavn motor yachts will leave Dana Point, California on their Nordhavn 40 for a worldwide circumnavigation. It will stop at Gibraltar for a crew change before proceeding back to the States across the Atlantic. Fair trial, say International Jurists Court procedures in the case over the Gibraltar chief justice derek Schofield "conformed to international standards of due process," says a statement from the International Commission of Jurists. Mr Schofield is facing a charge of driving a car without a test certificate. The case continues in November. The International Commission of Jurists (ICJ)
says it has noted the ruling of the Magistrates’ Court in
Gibraltar dated 8 August with regard to proceedings involving Chief
Justice, Derek Schofield. These proceedings were observed by the ICJ. Nuclear blunder as 'ghost of Tireless' haunts Navy
'Clamp landed in my front garden,' says housing association chairman A serious controversy has arisen over the parking of a car in a parking bay at Rosia Dale, whose number plate was not registered in the Rosia Dale official books, according to a statement from Douglas Santos, chairman of the Rosia Dale housing association. It adds that Mr Payas of Group 5 was telephoned and he confirmed that he had no record of any change of number plate to any particular car. Instructions were given to clamp the car. "Later on in the day the police came looking for me to instruct me that I remove the clamp that had been put on the Minister Mrs Del Agua's car because she had a meeting at 6 Convent Place," says the statement. Subsequently, adds Mr Santos, we found that Mrs del Agua had been issued a new pass, but according to the books and also in Group 5's records there had been no change of pass. Later, her husband "threw the clamp over my gate and it landed in my front garden where at that particular moment my daughter was walking through the doors leading onto the garden. There were six children playing in the area at the time," claims Mr Santos. The person who issued the pass "was confronted by the committee, and the situation is being dealt with," says the statement. (10.08.01)
MENINGITIS: Family makes statement The family of Mark Olivares, who died last May aged 16, have issued a statement in response to the statement by the Gibraltar health Authority. It comes through their lawyer, Daniel Feetham of Isola and Isola. It reads as follows: "On the 8th August 2001 the GHA issued a statement in response to comments made by the Opposition about the tragic death of a young girl as a result of fulminant meningoccocol septicaemia. In that statement the GHA stated that as always “all close contacts” with the 4 notifications of meningococcal disease this year “have been traced and given preventative medication in each instance”. " Mark Olivares died on the 15th May 2001 aged 16 years of age from septicaemia due to Neisseria Meningitidis Group C bacteria. No member of the family who came into close contact with Mark immediately before his death have been either contacted by the GHA or given any preventative medicine. To the family’s knowledge no one from Mark’s place of employment were contacted either. "By the time that the cause of death had been diagnosed by the Consultant Pathologist, the family believed that the natural incubation period for the decease had passed. This crucial piece of information the family learned not from advice by the GHA but from information downloaded from the Internet. "Even after the diagnosis came through no one from the GHA made contact with the family in relation to preventative medication. The family believe this is extraordinary given that Mark had two other younger brothers aged 12 and 10 who had been in close contact with him before he died. There are other matters, which the family is concerned about in the statement from the GHA but pending their son’s inquest, they will make no further comment." (10.08.01) Gibraltar liberalises telecoms market The long awaited liberalisation of Gibraltar's telecom market is now complete. It follows the passing of the relevant ordinance last month, complemented now by a number of recommendations and guidelines. "It represents the arrival of full liberalisation of the telecommunications industry in Gibraltar," said a Gibraltar government spokesman today. Telecom liberalisation is the cornerstone of Europe's transition, lowering the price of communicating and encouraging innovation and investment in new services and networks. A Gibraltar government statement said: "The effects of liberalisation will be felt over the coming months and it is expected that service, diversity and prices will all see improvement. Online services, notably via the internet, will see continued growth, as companies compete with each other to offer new service packages and new pricing formulae." The government says it views these developments as fundamental for the growth and development of an information society and is a major step for Gibraltar and the telecoms industry in general. The Gibraltar telecommunications ordinance 2001 provides for the assignment or conferring of functions on the Minister for Trade, Industry and Telecommunications and to the Gibraltar Regulatory Authority, which has been established as a separate legal body. (09.08.01) A 45-year old man who allegedly cut off a clamp on his car has been arrested by police. The incident happened at Rosia Dale when one of the residents found his car clamped. He apparently disputes that his vehicle should have been clamped. He removed the clamp and dumped it in the patio belonging to the chairman of the estate committee, it is claimed. A man went to police station of his own accord to explain the situation. He was arrested and is on police bail. (09.08.01) Undercurrent of discontent at Post Office There appears to be an undercurrent of discontent at the Post Office where drastic changes are planned, ostensibly to make the operation more commercially minded. Postal staff have for years been asking for their numbers to be increased in order to be able to cope with the mail, but this has not been met. Their working conditions are also dismal. Sickness and leave cannot be properly met, and hence a bad situation ends up being worse. Presumably, as part of the new plan, money will be no object and more people will be engaged, to give the impression of a positive development after years of neglect, said sources. Meanwhile, clerical staff are not happy with the Government intention of not replacing postmaster Alfred Pizarro, who has chosen to retire from his post. Clerical grades see this as the loss of one post. (09.08.01) Environmentalists welcome action The Environmental Safety Group says it
welcomes the ultimatum given by the Junta de Andalucia that they
will be taking legal action against the Acerinox plant in Palmones,
if the radio-active ashes stored in their premises are not disposed
off by the end Case against Chief Justice to be heard in November The Stipendiary Magistrate Anthony Dudley has today ruled on the proceedings before him in the case of the Chief Justice Derek Schofield having been summoned for using a motor vehicle without a test certificate. Says the Magistrate: "Somewhat surprising given the nature of the alleged offence the application before me is for a stay of the prosecution on the basis that it amounts to an abuse of the process of the court." He concludes: I find that there is no evidence of mala fides on the part of the Crown and that there are no exceptional circumstances or compelling reasons the defendant's application is dismissed. It became known during the proceedings that the Governor had written to Schofield informing him that he understood that he had been cautioned. The Magistrates says that this "is to my mind of no consequence, given that there is no indication in the letter of the Governor or evidence before me to suggest that a summons would or could result in a view being taken by the Governor which could have a negative impact upon the defendant." He adds: The suggestion that holding high office should in any way afford any degree of advantage whatsoever when this court exercises its discretion is in my view wholly without foundation. Meanwhile, solicitors for the Chief Justice have expressed surprise about aspects of the ruling of the Magistrate on the arguments of abuse of process ruled on today. Fabian Picardo of Hassan has confirmed that he felt compelled in court this morning to emphasise that his client has at every stage sought to be treated the same as any other individual and not in any way seeking more lenient or favourable treatment by reason of his constitutional post. Mr Picardo reminded the court that at the first mention of this matter in court he had made that clear for the avoidance of doubt. His remarks were motivated by parts of the ruling of the Magistrate which could be read to suggest the contrary. "The Chief Justice has always made plain his view that he must be treated no more stringently or leniently than any other party would in similar circumstances. He would not countenance being treated in any advantageous manner by any court, and at no time has the defence submitted the contrary," said the Chief Justice's solicitors. (08.08.01) 'Spanish secret' to recover Rock The ruling 'Popular Party' in Spain says they have discovered a way to recover the Rock for Spain! "The secret is to negotiate with the UK for Gibraltar to adapt its laws to those of the European Union. From that moment, the Rock will not be economically viable for the UK and they will have to give in," said Guillermo Martinez Casan, spokesman for Europe in Spain's foreign affairs congressional committee. The high economic costs, he adds, will make Britain give in sooner or later. What this Spanish gentleman does not know, in spite of being spokesman for European Union affairs, is that Gibraltar already complies with EU laws. He also does not know that Gibraltar's finances are self-sufficient and do not depend on handouts from London. The Spanish MP thinks Gibraltar enjoys at present the best of both worlds. By making the Rock 'obsolete', it will fall into Spanish hands. The Spaniard also makes the extraordinary claim that the Governor of Gibraltar lives in the Spanish luxury housing estate of Sotogrande. He foresees progress in the coming months to unblock the current impasse. (07.08.01) The simmering crisis at the port, as reported exclusively by us, has led to the union taking an interest. Action by staff appeared to have been imminent. Now, the TGWU district officer Luis Montiel, has intervened to tell the men that he was not fully aware with the seriousness and extent of the problem. He has promised that he will meet with the government on Thursday. This has had the effect of stalling the proposed action. Some sources expressed surprise that the union chief was not fully aware of what happens in his backyard. The problem centres on staff working in 'acting' capacities for years, as well as other concerns. Since people in key positions would be affected, it is clear that the port could grind to a standstill if the action is proceeded with. Staff are now looking forward to speedy solutions to their grievances. The fact that the problem was highlighted in PANORAMA has clearly got action going and hopefully solutions will now be forthcoming. (07.08.01) A major crisis is said to be looming in the port, which could result even in ships being turned away. Cooperation and sovereignty go together - Piqué While the chief minister was saying in Gibraltar that the Gibraltar government is not willing to trade sovereignty for cooperation, the Spanish foreign minister was restating in Madrid that Britain and Spain had established "with the greatest clarity that the advances in cooperation and sovereignty have to go in tandem." CM: Working against those working groups PANORAMA said last Monday that Anglo-Spanish working parties were to be constituted to consider a series of issues which we were first to name: The Economy, Finance, Communications, Environment, Military matters... The Spanish opposition party PSOE has rallied behind the Spanish Government in respect of the offer of telephone lines to Gibraltar, so long Spain was not adversely affected. The Opposition is surprised that Mr Caruana should claim that the
Government has not shifted its position on the question of telephone
numbers. It is a matter of public record that in February this year the
Government was opposed to a political agreement with Spain over the 350
code which did not test the matter in court, and in May Mr Caruana changed
his position and supported such a political agreement. The recent Government statement issued in response to Mr Pique's offer of more lines
shows that the Government has reverted to the original position it held in
February. Should Catalan Bay close down? A reader has informed us that viral infections are being contracted by bathers who go to Catalan Bay. It is believed that the water needs to be tested. An airliner had to abort on taking off from Gibraltar when one of its engines sucked a seagull. Passengers were disembarked yesterday to allow for engineering checks. The flight was resumed today. Gibraltar is a popular spot for seagulls - and their presence in the airport area has long been seen as a danger. The pilot in this case spotted the problem and avoided what could have been a major crisis.. The authorities have been refusing to provide information about the incident involving a Monarch flight to Luton, UK, said a Gibraltar radio report.(06.08.01) Gibraltar offers VAT-free carrot to Freeserve in row over AOL GIBRALTAR is trying to tempt Freeserve to relocate to the Rock, presenting itself as a solution to the internet company's Vat dispute with the British government on its treatment of America Online (AOL), reports the Sunday Times. Last week an official of the government of Gibraltar wrote to John Pluthero, Freeserve's chief executive, urging him to investigate the tax advantages of moving. Gibraltar has low taxes and does not levy Vat. It is keen to establish itself as a centre for technology and telecommunications companies. The paper names Darion Figueredo of Gibraltar's ministry of trade, industry and telecommunications as having written " his opportunistic letter after reading of Freeserve's dispute with AOL. Freeserve is furious that AOL has an unfair advantage because the American company does not have to charge Vat to its British customers, who number more than a million. This is because Customs & Excise has treated it as a content provider, rather than as a telecoms company." Freeserve claims this means AOL enjoys a tax advantage of at least £26m. The British company argues that there is no justification for this discrimination. It points out that even AOL's website states that it offers unmetered access to the internet - a service that clearly falls within the definition of a telecoms company. Figueredo said Gibraltar recognised that it was too small to allow any major telecoms company to relocate its main operations. However, it still hopes to attract smaller parts of the leading multinationals. Meanwhile, Customs & Excise in Britain has admitted it is concerned about the Vat anomaly, and does not want to see a British firm disadvantaged. However, it has to work within European Union tax law. (05.08.01) Opposition call for unity to take Spain to court The Opposition maintain that the solution to
the telecommunications problems which Gibraltar is experiencing can
be solved in an instant if The Spanish Foreign Minister Josep Piqué has indicated that
the telephone issue is one for discussion under the framework of the
relaunched Brussels process and has made an offer to Gibraltar of a
few "tens of thousands" of An alliance statement adds: This will allow Government and
Opposition in Gibraltar to maintain a united front on this matter.
It will be recalled that the House of Assembly was united around one
position in February and that this was abandoned a few weeks later
when Mr Caruana stated that the United Kingdom was negotiating with
Spain with his support the possible use of the 0044 code or extra
numbers. The Opposition sasy they remain of the view that Spain must
be taken to the European Court over its failure to recognise the 350
code. Given that this process may take years, the Court is a
position, once the legal action has commenced, to grant Gibraltar
interim relief. This relief may take the form "However, there is a vital distinction between Spain granting Gibraltar more telephone numbers because she wants to, and Spain being forced by a court to do so as part of a process of interim relief. The latter will lead to a resolution of the problem, whereas the former will lead to more problems again when the new lines run out," said Mr Bossano. The Opposition are happy that the Gibraltar Government has
come back to the position that it adopted in February. It can only
be in the best (03.08.01)
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