Bermuda News Updates

Belco workers downed tools shortly after 12 noon today in a dispute involving non-payment to members of the Electricity Supply Trade Union.

Sources speaking on the condition of anonymity, told Bermuda Real that the unionized tradesmen were thoroughly disgusted that they have yet to be paid after working around the clock to restore power to thousands of customers stripped of electrical power in the wake of Hurricane Paulette.

Members of the Electricity Supply Trade union marched to Bermuda Industrial Union headquarters, where they were still locked in talks as of 2:30pm.

Hurricane Paulette caused power outages across the island back in September, leaving 22,847 customers without power.

Efforts to get a comment were unsuccessful as of 3pm – we’ll keep you posted.

Hotel workers protested outside the front entrance to Fairmont Southampton this morning, the day after the resort’s Executive Team answered a list of questions citing their concerns and the lack of guarantees on when they will receive redundancy pay.

The 18-month shuttering for renovations resulted in roughly 750 layoffs, 500 of them Bermudian workers.

The hotel’s General Manager Kiaran MacDonald, acknowledged the fact that the closure would cause “significant hardship”.

This after an investment firm based in Miami Florida – Gencom acquired the hotel property in December 2019. The acquisition came with the announcement of plans for major renovations.

Bermuda Real contacted the Minister of Labour’s media representative regarding a statement on today’s protest action.

We have yet to receive word on whether or not a statement by the Minister is pending.

• Top Feature Photo Courtesy of TNN 

Associated Press: MINNEAPOLIS, USA — A Minnesota judge has dismissed a third-degree murder charge filed against the former Minneapolis police officer who pressed his knee against George Floyd’s neck, saying there was not enough probable cause for that count to proceed to trial. The more serious second-degree murder charge against Derek Chauvin remains.

Hennepin County District Judge Peter Cahill’s ruling, dated Wednesday and made public Thursday, found probable cause for Chauvin to be tried on one count of unintentional second-degree murder and one count of second-degree manslaughter. Cahill also found probable cause to move forward with the aiding and abetting counts against three other former officers, Thomas Lane, J Kueng and Tou Thao.

“In this court’s view, with one exception, the State has met its burden of showing probable cause that warrants proceeding to trial against each of these Defendants on each of the criminal charges the State has filed against them,” Cahill wrote. He said a jury will decide whether they are guilty.

Floyd, a Black man in handcuffs, died May 25 after Chauvin, who is white, pressed his knee against Floyd’s neck as he said he couldn’t breathe. Floyd’s death sparked protests in Minneapolis and beyond, and led to a nationwide reckoning on race. All four officers were fired. They are scheduled to stand trial in March.

After Cahill’s ruling, Gov. Tim Walz activated the Minnesota National Guard in anticipation of protests. Protesters demonstrated in the streets after Chauvin was released on bail earlier this month, resulting in dozens of arrests. A truck driver who drove into a large crowd of protesters on a bridge in Minneapolis following the killing of Floyd was charged Thursday with two criminal counts.

On the second-degree murder charge, prosecutors presented probable cause to show Chauvin’s actions were a “substantial causal factor” in Floyd’s death, and that he was committing or attempting to commit another felony at the time, in this case, assault, Cahill wrote.

He said prosecutors do not need to show Chauvin’s actions were the sole cause of Floyd’s death. He also said Chauvin’s decision to continue kneeling on Floyd’s neck after he went silent and motionless “is strong evidence of Chauvin’s intent to inflict bodily harm.”

But to prove a third-degree murder charge, prosecutors must show that Chauvin’s intentional conduct was “eminently dangerous to others” and not specifically directed at Floyd, Cahill said.

“This is not an appropriate case for a third-degree murder charge,” he said.

While former Minneapolis police officer Mohamed Noor was convicted of third-degree murder in the 2017 killing of Justine Ruszczyk Damond, Cahill said the cases are “factually distinguishable.” Noor fired a gun outside his squad car window, potentially endangering a nearby bicyclist, residents, possible bystanders, his partner, or others.

In this case, Cahill said, “nothing about the manner in which Chauvin pressed his knee down on Floyd’s neck … was eminently dangerous to anyone other than Floyd,” who was the target of Chauvin’s actions.

Attorney Ben Crump said in a statement that Floyd’s family is grateful most of the counts were preserved, including the more serious second-degree murder count, “for which we expect a conviction, based on the clear and evident use of excessive force that we all saw on video.”

Many legal observers initially believed the third-degree murder count wasn’t a good fit, and activists and family members had called for more serious charges.

Nicole Kettwick, a criminal defense attorney not associated with this case, said the dismissal of that count is not surprising because the facts currently known don’t fit the elements of the charge.

Full Coverage: Racial injustice

When the third-degree murder charge was filed, the Minnesota chapter of the American Civil Liberties Union asked the state to take over the case from Hennepin County, saying more serious charges were warranted. Attorney General Keith Ellison’s office is now the lead prosecutor on the case.

“The ACLU of Minnesota expected today’s ruling and believes it’s an appropriate step in this legal process,” ACLU of Minnesota executive director John Gordon said in a statement. “Today was a good day for achieving justice for George Floyd.”

Cahill also found probable cause for the aiding and abetting charges to proceed against Lane, Kueng and Thao, saying they could be found criminally liable if prosecutors can prove they intentionally aided or conspired with Chauvin, and that they knew Chauvin was committing a crime at the time. He said prosecutors also must show that their presence or actions allowed the crime to continue.

Lane and Kueng heard Floyd say he couldn’t breathe, knew Chauvin was kneeling on Floyd’s neck, and heard the cries of the crowd, yet they continued to restrain Floyd by his legs and back, Cahill said. The fact that Lane asked if Floyd should be rolled to a recovery position shows Lane knew “the consequences of keeping Floyd pinned face-down to the ground” but elected to “stay the course,” Cahill said.

Lane never tried to extract himself from the situation or assertively tell Chauvin to stop, he said. Even if restraining Floyd was initially justified, that doesn’t grant the officers “carte blanche” to continue to restrain him without considering the changing circumstances, the judge said.

Lane and Kueng’s rookie status is irrelevant, he said: “There is no free pass under state law for rookies who choose to disregard their training at the suggestion of a senior officer.”

Cahill said Thao never physically restrained Floyd, but could see and hear what was happening, and his actions to keep the crowd away allowed the restraint of Floyd to continue.

• Top Feature Photo: FILE – This combination of June 3, 2020, file photos, provided by the Hennepin County shows, from left, Derek Chauvin, J Alexander Kueng, Thomas Lane and Tou Thao. A Minnesota judge on Wednesday, October 21, 2020, has dismissed a third-degree murder charge filed against Chauvin, the former Minneapolis police officer who pressed his knee against George Floyd’s neck, but the more serious second-degree murder charge remains. The judge also denied defense requests to dismiss the aiding and abetting counts against the three other former officers, Lane, Kueng and Thao – Hennepin County Sheriff’s Office via AP

Former Minister of National Security, Wayne Caines, who resigned as Minister with Zane DeSilva, has been appointed at the new Chair of the Bermuda Tourism Authority (BTA), with PLP MP Kim Swan as a member of the authority’s board.

The announcement came in a statement by Premier David Burt on Thursday (October 22), who invited the former minister to accept the appointment.

“Wayne has a strong academic background with professional qualifications in history and law; he has served as Junior Minister of Tourism and is a respected former CEO of Digicel Bermuda and SENIAC Consulting. Wayne is also at home with corporate governance and brings to this role significant boardroom experience. He is a proven, energetic and committed leader,” said Mr Burt.

He also commended the former BTA Board Chair, Paul Telford who served as Chair since 2017.

“Paul is a consummate professional whose expertise in his chosen field has seen him go from strength to strength. I wish to thank him for these three years of service and as he continues his work in Turks & Caicos Islands, my hope is that we will one day soon have a hotel in Bermuda that will coax him to once again return home,” said the Premier.

“The seismic shift in global travel outlook will usher in an era of change in the definition of tourism norms. Before Covid, Bermuda may have slipped in under the radar screen, cautiously measuring tourism success against bad years and reinventing statistics to present a picture of niche successes,” he added.

“That tide has gone out and the world is now exposed. As a destination we must be determined not to replicate those lean years but to create a revival of our tourism economy that is led by presenting a relevant, vibrant, value for money product that can again be the envy of the world and provide careers for our people.”

It was also noted that Mr Caines, the MP for Devonshire North West, “sits on several boards, including Stevedoring Services and ILS Capital”. He is also “a fraternity member of Alpha Phi Alpha Inc.

“In former government roles, he has served as Chief of Staff to the Premier and as a Senator, with responsibilities as the Junior Minister of Tourism, Transport, Environment and Sport. He is a graduate of the University of Kent School of Law and the Royal Military Academy Sandhurst.

“Former Board Chair, Paul Telford, began his career in Bermuda’s hospitality industry as a teenage busboy and has worked on the island and overseas, latterly serving as Managing Director of Rosewood Tucker’s Point Hotel & Spa (now Rosewood Bermuda). In 2019, he was named General Manager of The Shore Club Turks & Caicos.”

Newly appointed board member, Kim Swan “has served on numerous Government boards and Parliamentary committees, including as former Chairman of the Joint Select Committee on the events of December 2, 2016; former Chairman of the Road Safety Council; and former member of the Police Complaints Authority, Immigration Board, Charity Commission and the St George’s Golf Course Advisory Committee”.

“As a member of the Bermuda branch of the Commonwealth Parliamentary Association (CPA), he has represented Bermuda at several conferences in Bermuda, the Caribbean and Tanzania, including being a presenter in Uganda on the Benchmarks of the CPA.”

As a professional golfer by trade, he “holds the distinction of being the first Bermudian to compete as a member on the PGA European Golf Tour”. “As a collegiate golfer, Kim represented Troy State University and won two NCAA collegiate golf championships.”

Premier Burt added: “On behalf of the BTA, I wish to sincerely thank Paul for his dedicated service as our Board Chair over the past three years,” said BTA Deputy Chair Stephen Todd. “His tenure has helped shape the organisation’s strategic focus and added value to what we’ve been able to accomplish for the overall betterment of the hospitality and hotel industry.

“We now welcome Wayne to this critical role; his leadership experience is an asset as we collectively tackle global challenges to re-start the hospitality sector and continue advancing the National Tourism Plan. We also welcome Kim, who has been a longtime advocate for Bermuda tourism and brings a wealth of insight.”

The Department of Public Transportation (DPT) announced another set of bus cancellations that started at 8am and runs through to 11:10am.

The cancellations announced:

Friday 23rd, October 2020 A.M.