Tag: Democracy for turks and Caicos islands
Published in TCI POST on 09th March 2013.
The Attorney General vs Ms. Amanda Missick
The Acting Attorney General of the Turks and Caicos Islands has filed in the supreme court against Ms. Amanda Missick stating the following:
“Following receipt of copies of the section 49(1)(f) Notices and related correspondence supplied to me by the TCI Integrity Commission and having caused background research to be undertaken in the Lands Division of the Chambers, I have come to the conclusion that I should act under section 50(3) of the Constitution, and today a challenge to the veracity of the declaration made by Ms. Amanda Missick, PNP candidate for the upcoming by-election in the Cheshire Hall and Richmond Hill Electoral District on 22 March 2013 has been filed before the Supreme Court.
FACT: It is a fact that Ms. Amanda Missick has a property 60804/138 with a TCIG belonger discount charge (see exhibit A)
According to the Integrity Commission and the Attorney General such a charge is considered to be a contract with Government and the Candidate shall to give NOTICE to the Integrity Commission on or before Nomination Day, in accordance with Section 49 (1)f of the TCI Constitution.
Disputable: It is disputable whether someone who has a Crown freehold property with a subsistent belonger discount charge (having had the property for less than 10 years after obtaining freehold title), is considered as having a contract with Government.
FACT: If a potential Candidate does not comply with Section 49 (1)f of the TCI Constitution 2011 he /she shall not be qualified to be an elected member of the House of Assembly. It states: 49.—(1) No person shall be qualified to be an elected member of the House of Assembly who, on the date of his or her nomination for election: (f) is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government and has not, by that date, disclosed in a notice to the Integrity Commission the nature of such contract and his or her interest, or the interest of such firm or company, in it;
FACT: The Constitution does not give a defined time period prior to Nomination Day during which such notice of contract with Government should be made. It simply states that such contracts should be “by that date (NOMINATION DAY), disclosed in a notice to the Integrity Commission the nature of such contract and his or her interest, or the interest of such firm or company, in it”
FACT: There is no prescribed form for giving such notice of contract with Government to the Integrity Commission. It simply says “disclosure in notice to the Integrity Commission”. This fact is also supported by the varied instruments of submission used by other elected members of the House of Assembly during the 2012 nomination process, who have made declarations under section 49 (1)f. Some used emailed submission, some used written hand delivered letters and some could have even called in.
Amanda-Lease Cancellation
THEREFORE:
FACT: Ms Amanda Missick made a Declaration to the Integrity Commission in on Oct 24, 2012 and this was publicized by the Integrity Commission in a Contracts Notice Register (see exhibit B). This declaration should have satisfied the condition under Section 49 (1)f of the Constitution, for nomination in the By-election, since such the notice is not time bound prior to nomination day and there is no legal requirement to make another declaration to the Integrity Commission unless there is additional information to be declare or remove, which is not the case with Ms. Missick.
Conclusion: Ms. Amanda Missick should not be disqualified. She did declare her interest to the Integrity Commission on time as she did so on October 24, 2012 and again on February 15, 2013, on a form used for members of the House of Assembly to declare their registrable Interest (including contracts with Government) which is a public document.
Also if the Judge rules that Crown freehold land with subsistent belonger discount charge is NOT contract with Government, then Ms. Missick would have had nothing to declare and should not be disqualified.
Furthermore:
If it is determined by the Courts that Crown Freehold title with subsistent belonger discount charge is a contract with Government, this should not affect Ms Missick as she made declaration of such contract on October 24, 2012 and again on February 15, 2013.
I rest my case and the learned Judge should see it likewise.
So I am encouraging all PNPs to Stay the Course!
Cheshire Hall Voter (Plaintiff) Vs Oral Selver
Oral Leasehold
A Cheshire Hall Voter filed in the Courts on March 8, 2013 against Isaac Oral Selver on the grounds that he failed to comply with the provisions of Section 49(1)f of the TCI Constitution.
It has been discovered that Mr. Oral Selver is the Leasee of Crown land 50206/1/1 – North Caicos (2.5 acres) which was issued on 12.11.2004 for a period of 3 years. Mr. Selver failed to pay his lease and in April 2011, he wrote to the PS of the Lands Department to have his lease extended. His letter was acknowledged in April 2011, and he was given conditions upon which the lease would be extended. The conditions included obtaining a building permit which he had, as stated in his reply letter and payment of arrears on the lease. Mr. Selver accepted the Offer and paid the arrears on the Property on December 24, 2012 (shortly after 2012 general elections).
Oral Lease Payment
The Plaintiff is of the view that Mr. Selver had a contract with Government on nomination day 2012 (October 25, 2012) and did not declare this interest at that time as required by Section 49(1)f of the constitution.
The Plaintiff is also of the view that Mr. Oral Selver still has a contract with Government i.e. the lease on property 50206/1/1 as he has accepted the conditional offer to extend the lease and is actively engaged with the Lands Department to retain the lease, which still remains in his name on the Lands register (see exhibit). Also of note is that the application procedure by the Lands Department for the termination of the lease has not been done. This procedure was use in the termination of a Conditional Purchase Lease (CPL) owned by Ms Amanda Missick, on property 60400/277 –Chalk Sound. Ms. Missick obtained the CPL around the same time as Mr Selver in 2004 and was denied extension without hesitation, that culminated in the cancellation of her lease on March 22, 2010.
Therefore:
We conclude that Mr Oral Selver failed to declare his contract with Government by nomination days October 25, 2012 and March 1, 2013 and should be disqualified under Section 49 (1)f.
The Attorney General
Vs
George Lightbourne
Hugh Derek Taylor
Josephine Connelly
Edwin Astwood
Vaden Delroy Williams
The Acting Attorney General is challenging the defendants listed, under section 53(2) of the constitution “An application to the Supreme Court for the determination of any question under subsection (1) may be made by the Attorney General or by any person who is a registered elector; and an application for the determination of any question under subsection (1)(b) may also be made by any member of the House of Assembly” It has been determined that the defendants have not filed all of their contracts (Crown freehold property with subsistent belonger discount charge) with Government and should be disqualified.
Contracts Notice Register – General Elections_001 Copy
The question for the Judge to rule on in this case is whether Crown freehold land with subsistent belonger discount charge is a contract with Government. If the Judge rule that it is then all of the elected members listed above will be disqualified and cease being members of the House of Assembly.
The next question to be determined by (Judge or AG?) is how should the vacated 5 seats in the House of Assembly be filled?
I am of the view that:
A constituency in the 2012 election, which had more than 2 candidates contesting but returning only 1 member to the House of Assembly (eg Wheeland), should go to a By-election if the elected member is disqualified.
A constituency in the 2012 election, which had only 2 candidates contesting and returning only 1 member to the House of Assembly (eg Grand Turk North or Grand Turk South), that the seat should be turned over to the other candidate upon disqualification of the elected candidate. If the non-elected Candidate is unavailable then the seat should go to a By-election.
A constituency in the 2012 election, which had more than 2 candidates contesting but returning more than 1 member to the House of Assembly (eg All-Islands Constituency), that the vacated seats due to disqualifications should be filled using the non-elected candidates based on the next highest number of votes and availability.
The British has indeed made a mockery of our democracy and the judicial system has fallen victim to the poorly drafted and ill-conceived laws enacted by the British, including of 2011 Constitution which is top of the list.
This is indeed a time for the PNP and PDM to come together and form a coalition Government and to fast track this country towards independence. I firmly believe that it is our people as opposed to our leaders and elected officials that are against unity and coalition in preference of the euphoria of partisan politics. It is however, our leaders who must make that bold decisions and lead the people in the direction of a united front in the best interest of the Turks and Caicos Islands.
ANARCHY
MEDIA STATEMENT BY ACTING ATTORNEY GENERAL RHONDALEE BRAITHWAITE-KNOWLES ON CHALLENGES AGAINST MEMBERS OF PARLIAMENT
“Separate and apart from the confidential declaration required to made to the Integrity Commission under the Integrity Commission Ordinance by a person in public life, the Constitution requires a candidate for election, on nomination day to make a declaration that he or she is qualified for election and that no disqualification mentioned in section 49(1) of the Constitution applies to him or her. In addition, section 49(1)(f) of the Constitution requires such a candidate to notify the Integrity Commission, prior to nomination day, of the existence of any contract between that candidate and the Government. Failure to so notify the Integrity Commission would result in a candidate being disqualified to stand in an election.
“Following receipt of copies of the section 49(1)(f) Notices and related correspondence supplied to me by the TCI Integrity Commission and having caused background research to be undertaken in the Lands Division of the Chambers, I have come to the conclusion that I should act under section 50(3) of the Constitution, and today a challenge to the veracity of the declaration made by Ms. Amanda Missick, PNP candidate for the upcoming by-election in the Cheshire Hall and Richmond Hill Electoral District on 22 March 2013 has been filed before the Supreme Court.
“On the basis of the background research undertaken I have also come to the conclusion that the election of certain sitting members of the House of Assembly should be challenged under section 53(2) of the Constitution. In that regard, challenges have also been filed today before the Supreme Court challenging the elections of Mr George Lightbourne elected member in the House of Assembly for the Grand Turk North Electoral District; Mr. Edwin Astwood elected member in the House of Assembly for the Grand Turk, South Electoral District; Mr. Derek Taylor member in the House of Assembly for the All Islands Electoral District; Mrs. Josephine Connolly elected member in the House of Assembly for the All Islands Electoral District and Delroy Williams elected member in the House of Assembly for the Wheeland Electoral District.
“The basis of each of these challenges is that when each of the individuals made their section 50(1) Nomination Day declaration to the Supervisor of Elections for the 9th November 2012 General Election and the upcoming 22nd March 2013 by-election, a disqualification mentioned in section 49(1)(f) applied to each them in that each of them has a contract with the Government which, by that date, they had not given notice of to the Integrity Commission, as required by section 49(1)(f) of the Constitution. The type of contract in each case is a charge to secure the payment to the Crown of a “Belonger Discount” (applicable under the Crown Land Policy) in the event of a sale in prescribed circumstances.
“I have asked the Court to determine whether in each case, the individual is or is not qualified to be an elected member of the House considering the failure to give notice of the respective charges.
“The Constitution provides for a process for challenge in each of these cases in the public interest. If the Court determines that each member is disqualified then,
a) In the case of Ms. Missick, she will not be able to stand for election on 22nd March and the sole remaining candidate will be declared elected;
b) In the case of the members of the House of Assembly, their seats will be vacated and a by-election will have to be called. A decision on their disqualification would not prevent them from standing in a subsequent by-election called as a result.
Dellis Cay Groundbreaking June 2008
Hon. Premier’s Response to Mr. Mark Simmonds Re: VAT
Minister Mark Simmonds MP
Minister for the Overseas Territories
Foreign & Commonwealth Office
King Charles Street
London SW1A 2AH
Dear Minister Simmonds,
I acknowledge receipt of your letter of the 25th instant. As your letter does much more than convey the decision of Her Majesty’s Government not to implement VAT come April 1st, my sentiments were that it required more than a mere acknowledgment of receipt.
The Turks and Caicos Island Government does not doubt your commitment to the development of the TCI and so to the extent that we disagree it must necessarily be on our respective paths to that end. In turn I hope that Her Majesty’s Government recognizes that the commitment of the TCI Government to the economic, social and indeed political development of the TCI must be greater, not least because that development benefits Turks and Caicos Islanders and all those who call these Islands home.
In that context and in the true spirit of partnership I trust that HMG will allow the TCI Government the discretion to implement those policies which in our view, will result in our economic recovery and social development. We cannot bear the responsibility of ensuring sound finances without a commensurate degree of autonomy with respect to revenue generation and spending initiatives.
I can say without fear of contradiction that our Government has always been open to frank debate and compromise with HMG and all its representatives. We will not, however, allow our desire for compromise to cause us to abdicate our responsibility to the people of the TCI. I turn now to the several issues in your letter that require specific comment.
Government of the Turks and Caicos Islands
You have invited the members of the Assembly to condemn what you describe as “vitriolic public attacks” on members of the judiciary and public servants. I do not know what it is you describe as vitriolic public attacks as you have provided no example. In any event I am sure that like me, my colleagues in the House would be slow to take any position that would leave any person in this country feeling that they are unable to comment on matters of public importance or to be critical of any institution or public officer.
The concept of free speech is a bastion of democracy. It is a check and balance against tyranny. The essential ideal of self government by the people is undermined if those in power are able to manipulate the electorate by either withholding information or stifling criticism. It was the English author Edward Bulwer-Lytton who wrote: “Beneath the rule of men entirely great. The pen is mightier than the sword”. It is therefore no wonder that the right of free speech has been described as “a safety valve to let off steam when people might otherwise be bent on revolution”. Those who abuse the right of free speech open themselves to criminal prosecution or civil suit. The courts in my view are best suited to determine whether laws have been breached or whether unabashed but otherwise lawful criticism, is being characterized as vitriolic public attack.
You have also denounced the Assembly’s decision to bring the VAT Repeal by way of Private Members Motion as being unacceptable. The Bill was neither conceived nor presented as a Government Bill with the result that both Cabinet and the Attorney General’s Chambers were properly excluded. The purpose of the Bill was to repeal legislation passed by the Interim Administration. The Interim Administration was headed by the same Governor who continues to be the President of the Cabinet and who together with the FCO had much vested in the VAT Ordinance. It would in the circumstances, be foolhardy for a Parliament that was united in its resolve to see the Ordinance repealed, to seek to have the Repeal Bill originate in a Cabinet where the Opposition does not have a voice and where the Governor wields disproportionate power and influence to the extent that he may refuse to have the question of the Repeal Ordinance placed on the Cabinet Agenda.
The fact that the Governor has refused to assent to the Repeal Bill and that you have failed to instruct him to assent to it and his comments immediately following the passage of the Bill through the Assembly, is justification enough for our decision. The members of the Assembly are bound by the Constitution and the laws of the Turks and Caicos Islands generally and we each have a duty to represent the best interest of the Turks and Caicos Islands. In acting as we did we have been true to both law and duty and in the circumstances we need neither the blessing nor approval of the FCO. That you have ascribed a sinister motive to our action is indeed regrettable. Your castigation of the Assembly’s actions in the way that you have could leave one with the clear impression that you see the Assembly as no more than an extension of the Executive and that is likewise most unfortunate.
Finally we remain concerned that you have decided against instructing the Governor to assent the Repeal Bill. Unless the Bill is assented to, the people of these Islands will continue to question Her Majesty’s Government’s commitment to the ideals of democracy in the Turks and Caicos Islands and that will not augur well for the partnership that we are desirous of building.
The Government will likewise have legitimate reason to believe that there is not a genuine intention on the part of Her Majesty’s Government to allow the TCI Government to move forward unimpeded. There will always be the real threat that the VAT can be implemented by the stroke of a pen without the need for further debate. I am firm in my conviction that on the question of VAT the only fair solution is for the Ordinance to be repealed thus removing once and for all the possibility of taxation without representation. I hope that you will give this course further consideration.
For the reasons you indicate I am likewise copying this letter to the Leader of the Opposition.
Sincerely
Dr. The Hon. Rufus W. Ewing
Premier, Turks and Caicos Islands
Press Statement from Leader of the PDM,Sharlene Cartwright-Robinson on VAT and Other Pressing Issues
Published in TCI Post on 27th February 2013
PRESS STATEMENT
Delivered by Party Leader and Leader of the Opposition
VALUE ADDED TAX
I am pleased at the response to this letter.
Whilst we celebrate we are cognizant of the fact that the Repeal Bill has not been assented to and we deem it important for the people of this country to understand the victory we celebrate and what remains on the Table.
Minister Simmonds’ letter of January 14, 2013 flat out said no to the PNP Government’s request for a delay. Together as a unit on a national issue of grave importance, we now have some breathing room/ the delay (as it were) originally sought by the PNP Government. This we celebrate.
The ball is now in the PNP Government’s hand to meet the conditions set out so that VAT can stop lurking in the shadows. I had expected that the Government in submitting its last letter to Minister Simmonds would have prepared the required Fiscal and Strategic Policy Statement for completeness knowing that this would be requested and which is also required in law before a Budget can be passed so I am disappointed that we are still at this place and I call on the Government to resubmit this as a matter of urgency. We are also aware that the Government in the last Cabinet Meeting in January agreed to restrict expenditure and in the HOA Meeting of February 1, our colleague, Hon Derek Taylor led our position on the issue and made inquiries as to the areas that will be affected by the Government’s decision to accept this path. We again in the interest of transparency now call on the Government to inform the people of this country as to the areas that will be affected.
We are still of the opinion that there must be real efforts to grow this economy and to market this country. The PDM remains committed to this and believe that there must be a meeting of the minds and supporting legislations must be put in place to make TCI more inviting. We believe that the key to moving this country in the right direction is to first elect the Party that has already led in similar times first and then to encourage investment in existing businesses and the encouragement of new ones. We must attract fresh monies and this will also help in the creation of jobs, an issue on which there is now no representation.
While the Bill itself has not been repealed, I say kudos to Backbencher Hon Norman Saunders for bringing the Bill alongside my Private Members’ Motion and I must thank the Appropriations Committee who met without hesitance. I believe the work of this Committee cannot be underrated. To the members of the VAT Implementation Team, this is no indictment on you and I am sure you will do well in collecting the existing taxes. I am pleased that we will finally see the much needed resources in compliance which is what is needed in many aspects of Government.
In getting these type results, it is tempting to get caught up in one’s self and I am careful to not let this be said of me, but this was a marriage of leadership in many fronts and I pay tribute to the Business Sector and the Clive Stanbrook led Independent Business Council, Jerzy of the Private Sector in Grand Turk and the Business community generally who invested in promotional material and also the Study by Prof Teather which helped me in preparing in the Appropriations Committee and in my Party’s Official Position.
VAT taught us many valuable lessons – we must take the time to research issues and I thank Edith Cox for her valuable lecture on the issue and her assistance in preparing members of our Party’s Executive on the issue so that they can educate others and for her assistance in preparing the only written Political Party’s Position on VAT. Proper research and positions must be set out in writing with sound reasoning, (after all this is what we asked of HMG noting that valuable studies and research was nonexistent in support of VAT). We also learn that going it alone is never as strong as coming together – so much more can and was achieved. We celebrate this historic unity of the Government, Opposition and the Business community. The education sponsored by the business community, the HOA’s stance together with the failure of businesses to register made this feat possible.
Lest we forget, we joined the Business Community’s fight and I was glad when my Team was asked to make the statement of the century in TCI Politics. I say thank you to the Opposition members for their support for the Motion drafted only the day before and then of course to the Government for supporting it at that eleventh hour and again to Hon Saunders for seconding it.
This is in all respects a delay until the Government of the day completes its part and we call on the Government to inform the people of this country, in the interest of transparency and good governance on the areas where the spending will be restricted. We await an update on when the revised Fiscal Strategic Policy Statement is submitted.
REINSTATEMENT IN CARICOM
I am pleased that the Turks and Caicos Islands has been welcomed and reinstated as an Associate Member of Caricom. There is much to be gained from our Association. I am disappointed that a more united position was not presented overseas in that an invitation was not extended to the Opposition to be a part of the delegation. I believe that though we are in a Bi Election campaign, there are national and regional statements to be made and the presence of the Opposition would have signaled a strong message. However it is my Party’s intention to govern differently and to at all times present a united position and presence on national issues locally, regionally and internationally.
HEALTH CARE AND AUDITS
In light of the conditions set by Minister Simmons to avert the implementation of VAT in the mean time, the Government has to urgently begin to pay real attention to the health care monster that it has created. We are disappointed that the former Minister of Health misled the people of these Islands when she said that the Audits had already begun. Healthcare costs is the single largest challenge to us next to the repayment of the debt. This country cannot continue as is with the costs and state of healthcare. Aside from being a financial burden, our people are still being turned away. We believe that the PDM has the moral authority to handle this issue and there are many persons that have valuable contributions to be made on the state of healthcare in these Islands. To this end, my Party will be calling a meeting with the Medical Association and other Institutions to meet with them and discuss the all important topic of healthcare. We therefore call on the Government to delay not further and to ensure that the Audits begin and a PDM Government will handle the rest.
UNEMPLOYMENT
Our people remain without jobs and without real opportunities to obtain jobs and to move up in their work place. This Government continues to pay lip service to jobs while our people are sleeping in darkness and cannot feed their families. After three months, no real effort or steps have been taken and the people of this country are disappointed that jobs are not a priority for this Government. We are committed to reducing the level of unemployment in this country and also to the creation of more jobs. We rest on our plans contained in our Blue Print and are ready to take office and govern from Day One.
YOUTH ISSUES
Finally, I wish to say congratulations to Delano Williams and Angelo Garland on their recent accomplishments. Our young athletes continue to make us proud and we remain committed to creating opportunities for studies overseas based on athletics.
As Team Carifta gets ready to represent us, let us support our youth by traveling as a part of the delegation and/or contributing financially to the Team. Sports is an excellent teacher of many valuable lessons and we as a Party remain committed to Sports development as our record has shown through the opportunities provided for youth to compete overseas and the establishment of Sports organisations.
Congratulations to the Little Bees who took part in the National Spelling Bee especially little Trayvon Walkin. There is bright promise for our youth and this is why we must invest time and energy into our youth by providing real opportunities and programs for them.
The PDM remains committed to its contract with them and will be conducting in short order a tour around the Islands to meet with its youth.
I speak now to our troubled youth and applaud the Youth Department and the Youth Parliamentarians for the topic chosen for the upcoming sitting. The topic speaks to the provision of a Juvenile Center where we can assist our troubled youth. There are too many issues that remain underrepresented and we believe that there must be real attention paid to the emergence of gangs and youth in crime. We cannot afford to lose more youth to Prison and a life of under productivity. To this end, I remain troubled at a recent incident that occurred in which a young man was badly beaten. Too many incidences of this sort are not being addressed head on. We must admit that many of our youth are in trouble and many of our parents need help with them. It is time that we admit that and put programs and policies in place to support these homes, our schools and to protect our children sometimes from themselves. I have heard horror stories from our youth about school related incidents and I intend to address them in a more appropriate place. I just want to say to our people that this requires a community effort and we cannot continue to sweep them under the rug and close the doors of our schools to “outsiders” so as to contain the stories and I say no more. I intend, very early in our Administration, to take bold steps and introduce legislation to address many of the “taboo” issues.
The PDM are excited that DESTINY is now giving us and these Islands a chance to elect a PDM Government. We believe that this is a second chance to take this country in the right direction with the right candidate and the right leadership. On Friday March 1, 2013, Oral Selver will be officially nominated by the PDM Party. We support Oral because we know that he is the right man for the job.
Endorsement of Hon Oral Selver
Oral Selver has over 30 years stable employment in the Hospitality Industry. He is an example of hard work, strong work ethics and what one can achieve when they are committed to these ideals. Oral Selver rose from bread boy to bus boy to eventually management level where he championed the cause of the underrepresented and was instrumental in designing the gratuity system at 100% benefit to the hospitality workers. He is an accomplished businessman and a fine example of hard work and how it pays off. We are pleased that Hon Selver has a firm grasp of his national issues as well as his constituency issues and we are honored to have him represent such a diverse constituency and we endorse his constituency plans. He will tell more of his plans during the Destiny Rally.
Today, we officially launch our Endorsement Document for our candidate and we include our priorities for national concerns. This list is not exhausted but we are committed to addressing jobs and unemployment, health care, immigration and education and youth as matters of high priority.
PDM is the right direction. Destiny has given us a second chance. We have strong leadership, solid experience, vision, diverse skills and real plans that will allow us to govern from Day One.
Thank you.
End
Sharlene Cartwright Robinson
Press Release From the Governor’s Office Re-Decision Not To Implement VAT
The UK Government has agreed that VAT will not be implemented in the TCI at this time. The TCI Government and opposition have clearly stated their opposition to the implementation of VAT.
It remains Her Majesty’s Government’s (HMG) view that VAT would provide a more stable, fairer and broader based system of revenue for TCI than that which is currently in place.
The Government of TCI has a responsibility to ensure sound finances in the Territory. This includes constraining expenditure within the legally binding fiscal framework which is now in place and being able to refinance its debts in 2016 without a further UK Government loan guarantee.
The TCI Government will face more difficult choices to ensure stable and sustainable revenues and expenditures in the absence of VAT.
HMG is clear that we will not accept a return to the dire financial situation in TCI which prevailed before the Interim Administration.
FCO Minister, Mark Simmonds, issued a letter to TCI Premier the Hon Dr Rufus Ewing yesterday evening, Mon, 25 Feb 2013. This was also sent to the Leader of the Official Opposition in the TCI simultaneously. This was issued in response a letter from the TCI Premier dated 29 January 2013 which raised a number of concerns about the proposed implementation of VAT in the TCI from 1 April 2013.
Published in TCI Weekly Now on 22nd February 2013
Attorney General Huw Shepheard on Wednesday issued another follow up press release in an attempt to explain why he reacted to a news report on the government radio station. Based on information supplied by family members of former premier Michael Misick, the early RTC news broadcast had announced that Misick had been granted bail and released from a Brazilian prison.
Misick had been arrested in Rio de Janeiro on an international warrant on December 7 last year and had been held in custody pending an application for extradition by Britain on behalf of the TCI.
Shepheard issued his own press release that same morning denying that Misick had been released. Later the same day, Sheapheard issued a second release saying that a Brazilian court had in fact released Misick on bail while extradition procedures were worked through,
In his latest statement, the attorney general says he was incorrectly informed by Brazilian authorities when he issued his first denial of the bail report. Shepheard has again repeated his earlier remarks stating that his office had sent the required extradition documents within the required time frame and Misick’s extradition is pending.
“My initial statement on the release of Michael Misick from custody in Brazil, was truthful to the best of my belief and was based on credible information that had been received from the authorities in Brazil. It turned out that they were mistaken and therefore that I had been misinformed and accordingly I corrected my statement,” Shepheard said.
“I take this opportunity to repeat that the extradition request has been made properly and in accordance with normal law and procedure. The TCIG has met its obligations under the Extradition Treaty to serve the papers on the proper authorities in Brazil within the set time limit. Due process must now be followed, that complies with the Treaty and with Brazilian law,” he added.
Reportedly, Misick had been granted bail because the papers from Shepheard arrived late in Brazil.
Meanwhile, Radio Turks and Caicos is claiming they are a fair and balanced media site. However, the government sponsored station has in the past come in for criticism for employing two well known members of the Progressive National Party (PNP) — current speaker of the house Robert Hall and PNP-appointed House Member Ruth Blackman — to host the Expressions radio show