Commission of Inquiry
On 10 July 2008 the Governor of the Turks & Caicos islands appointed Sir Robin
Auld to conduct an Inquiry into possible corruption or other serious dishonesty in
recent years of past and present elected members of the legislature. Public
hearings were held in the course of January and February of this year. There
were 20 counts of allegations against Mr. Misick, who resigned due to those
various allegations.
Most of the existing developers in the Turks and Caicos Islands were also mentioned during the Commission’s work.
In the course of the hearings, among many other developers, and questions, It was
put to politicians that Joe Grant Cay has been sold to me in June 2008 and my
partners at an undervalue and that a political donation of US$500,000 in January
2007, made by myself shortly before an early election called by the Premier
Michael Misick , was a bribe connected with negotiations that were underway at
that time in connection with the purchase of Joe Grant’s Cay.
No request was ever made by the Inquiry to me to give evidence, but nonetheless wrote to the Inquiry setting with an expression of my concern to allegations in circumstances which were grossly unfair and a breach of the principles of natural justice.
Furthermore, I have made preparations with our UK lawyers for any
possible investigation concerning the valuation of this property together with the
details of the political contribution. In that respect: We have finalized with CB
Richard Ellis, Savills of UK , Ernst & Young as well as local appraisers such as
CASL, BCQS, and Concept Plus, numerous valuation reports of Joe Grant Cay as
of June 30, 2008.
We have collected evidence, and records of the political contribution made in Jan
2007, including confirmation letters from our banks, that demonstrate that the
contribution was in fact no secret, and could not be construed as a bribe. It is
perfectly legal to make political donations in the Turks and Caicos Islands.
The Judicial Review
Against the risk of being named in the Auld Report, we have asked the High
Court of Turks and Caicos Islands to Judicially Review the Final Report, and deal
with any mention of Joe Grant Cay, and Dellis Cay and myself, if any.
The Supreme Court of Turks and Caicos Islands called for the removal of any
adverse reference to me or my companies from the Final Report of the Turks and
Caicos Islands Commission of Inquiry. In his ruling, His Lordship the Chief
Justice of the Turks and Caicos Supreme Court, Gordon Ward OBE agreed with
my counsel, Clare Montgomery QC, that there was a “clear and almost total
failure by the Commission to follow its own procedures.”
The Chief Justice in his Judgment stated that I have not been given a fair hearing:
“I am satisfied that Dr. Kinay has not been given a fair hearing and that
even the limited terms of the Salmon letter do not remedy the earlier
errors. He had a legitimate expectation that the Commission would follow
its own procedures in respect of a person considered to be implicated and
it failed to do so.
The final allegations did not arise from the evidence to
which he replied on 30 January 2009 and he had no indication that further
allegations would be raised against him entirely without notice. “
“The Commission clearly has the right to recommend that there be further
investigation of a named person but the manner in which the reasons for
any such recommendation were obtained and presented to the public
hearing were so clearly in breach of the recognised standards of fairness
that they must be ultra vires the Commission’s powers. If included in the
Final Report, they should not be published or mentioned in any statements
about the case.”
The Public Leak
Early on Saturday July 18th 2009, the Turks and Caicos Commission of Inquiry
published a redacted version of Sir Robin Auld’s Final Report. The purpose of
redacting the report insofar as it related to Dr. Kinay was to remove adverse
references to me and my companies. However, as His Excellency the Governor
later acknowledged, it became apparent that it was possible to access the
unredacted text and I asked him to take steps to have the Final Report removed
from the Commission’s website.
By July 21st, 2009 it had become apparent that the unredacted report was widely
available. In response to evidence of that and an application by Turks and Caicos
Weekly News and WIV Channel 4 News Dr. Kinay did not seek the continuation
of the injunction. It was accepted that Dr. Kinay was an innocent victim of the
disclosure of the unredacted report. Those adverse references had been made
unfairly. Regrettably they have now been given publicity. That does not make
them fair when they are not.
We have also received a letter from the Attorney General of Turks and Caicos
Islands,. The letter expresses the Governor’s regrets with his unreserved apologies
to Dr Cem Kinay, director of Turks Ltd. The Governor’s apology relates to the
discovery of the possibility of uncovering the redacted parts of the TCI
Commission of Inquiry Final Report which was posted on the Commission’s
website early on Saturday July 18th 2009. The purpose of redacting the report
insofar as it related to Dr. Kinay was to remove adverse references to Dr Kinay
and his companies. The Chief Justice had found on June 18th, 2009 that the
adverse findings made against Dr. Kinay were unlawful and that it is unlawful for
the Governor to publish those findings.