by Hayden Boyce – Publisher & Editor-in-Chief,
Published in Sun TCI on 20th of February 2013
The Caribbean Community (CARICOM) has expressed “grave concern” about the state of political affairs in the Turks and Caicos Islands.
In fact, the regional leaders are taking matters in this country so seriously that they intend to raise concerns indentified by Premier Dr. Rufus Ewing with representatives of the British Government.
In a communiqué issued at the conclusion of the 24th Inter-sessional Heads of Government meeting held in Port-Au-Prince, Haiti, the Caribbean leaders stated: “The Conference noted with grave concern that, though the elections of November 2012 had led to the restoration of representative government, the overall state of political affairs remained less than desirable and the restoration of true democracy was still a far way off. The 2011 constitution, conceived in London and thrust upon the people of the Turks and Caicos Islands when they were without representation, was viewed as a mere by-law for the continuance of direct rule under the pretext of representative democracy.”
The CARICOM report added: “Of additional concern were the challenges emanating from the workings of the justice system in relation to the criminal investigations that followed the commission of enquiry, and what was portrayed as “constant infractions of democratic principles and insults to the ideals of elected government”.
The Conference noted the reaffirmation of the Turks and Caicos Islands Government’s commitment to the Caribbean Community as well as the expressed appreciation for the pronouncements of the Community on the situation in TCI. It was decided to continue to keep the situation under close review and to raise concerns with representatives of the British Government.”
The communiqué said that the conference “received with interest” the address made by the Premier of the Turks and Caicos Islands, Dr. Rufus Ewing.
It was the first meeting of the Community at which the Turks and Caicos Islands had been officially represented by a democratically elected Government since the suspension of its constitution in August 2009, and a three-year period of direct rule by the United Kingdom Government.
In his maiden speech to a CARICOM Heads of Government meeting on Tuesday, Premier Ewing called on CARICOM (Caribbean Community), to advocate on the international stage for the full restoration of the institutions of true democracy in the Turks and Caicos Islands.
He also asked regional leaders to “support our (Turks and Caicos Islands) cries for removal of the spectre of colonial influences of the past, as we fight for our rights on our journey towards true self governance and self determination”.
Dr. Ewing’s said then: “The current state of affairs in the Turks and Caicos Islands has the potential to throw our Country into chaos. For so long as I am the leader and principal spokesman of the Government of the Turks and Caicos Islands, I will use every means available to me to ensure that does not happen.”
Turks and Caicos Islands Premier Dr. Rufus Ewing Address to CARICOM
PREMIER OF THE TURKS AND CAICOS ISLANDS
HON. DR. RUFUS W. EWING
ADDRESS TO THE CARICOM HEADS OF GOVERNMENT AT THE TWENTY-FOURTH INTER-SESSIONAL MEETING
PORT AU PRINCE
HAITI
FEBRUARY 18th 2013
His Excellency Michel Martelly, President of the Republic of Haiti and Chairman of CARICOM, Hon. Laurent Lamothe, Prime Minister of Haiti, Ambassador Irwin LaRocque, Secretary General of CARICOM, Heads of State of CARICOM and other Delegates present, friends all. I bring you greetings on behalf of the Government and people of the Turks and Caicos Islands. I would like to thank the CARICOM Secretariat and you the CARICOM Heads of Government for affording me the opportunity to address this gathering on matters concerning the Turks and Caicos Islands.
It is indeed an honour to be here and I consider it a privilege to address you at this very significant Twenty-Fourth Inter-Sessional Meeting. This meeting is of significance, because it is the first meeting of CARICOM at which the Turks and Caicos Islands is being officially represented by a democratically elected Government since the suspension of our Constitution in August 2009. It is also of significance, because it the first of such meetings to be held by one of our closest neighbours and important trading partner. Given the long relationship between the people of the Turks and Caicos Islands and the people of Haiti, my own father captaining many voyages to Haiti, I feel able to say that Haiti’s membership in CARICOM, is a recognition within the region, of our brotherhood with Haiti. Haiti is a part of us and we are a part of Haiti.
The Turks and Caicos Islands extends its congratulations to His Excellency Martelly and the people of Haiti and do look forward to both our nations growing from strength to strength within the Caribbean Community.
On November 9th 2012, the people of the Turks and Caicos Islands were granted the ability to exercise their democratic right to elect a representative government following a three year period of direct rule by United Kingdom Government. Though these elections have indeed led to the restoration of ministerial government, the overall state of political affairs remains less than desirable in our islands. The restoration of true democracy is still a far way off. In the Turks and Caicos Islands, we are today being governed by a constitution that was conceived in White Hall, and was for all intents and purposes thrust upon the people of the Turks and Caicos Islands, at a time when they were without representation. The 2011 Constitution is merely a by-law for the continuance of direct rule under the pretext of representative democracy.
Distinguished colleagues, friends, we seize the opportunity of this audience to reflect briefly on the evolution of events in our country over the past three years, so that you may better appreciate our realities and come to understand that our yearnings are not unique. The people of the Turks and Caicos Islands, wish simply to serve democracy because they are confident that if they serve democracy, democracy will in turn serve them.
In 2008, a Commission of Inquiry presided upon by a sole Judge; found that there was evidence of systemic corruption, by politicians, senior government officials and co-conspirator developers. The findings of the Inquiry also suggested that there were significant deficiencies within the administrative arm of Government. Following on from his findings, the Commissioner made several recommendations including the investigation of those persons accused of wrong-doing, but more importantly, the suspension of vital parts of our 2006 constitution, allowing for direct rule from the UK by an Interim Administration from August 2009.
During the period of direct rule from the United Kingdom, all power was vested in the office of the Governor, so that he wielded absolute power. The Advisory Council and the Consultative Forum, whose members were appointed by the Governor, were institutions established by the Interim Administration designed to mimic respectively the Cabinet and the House of Assembly. His Excellency was not however bound to take the advice of either body. Under the Direct authority of the United Kingdom Government the people of the Turks and Caicos Islands witnessed the following:
The implementation of new laws such as “The Trial Without Jury Law” and amendments to the laws governing the admissibility of Hearsay Evidence. To the extent that these laws are intended to be retroactive, they erode the confidence in the Judiciary that must underpin every democracy and challenge the very rule of law that the Interim Administration was charged to promote.
The approval of budgets without debate, so that there was no opportunity for the ordinary citizen to influence in any way, how his tax dollar was being spent,
The transfer of protected pension funds from the National Insurance Fund to the Consolidated Fund
The implementation of laws facilitating the imposition of taxation against the wishes of the people
Such were but some the abuses of the United Kingdom Government visited upon the people of the Turks and Caicos Islands in the name of Democracy and Good Governance during the rule of the Interim Government.
Your Excellency, I wish to assure the Community, that the Government and people of the Turks and Caicos Islands are committed to all the principles of democracy and the tenets of good governance. As a Government, we are committed to strengthening where they exist and creating where they do not exist, all those institutions that promote democracy and good governance. Guided by that commitment, the people of the Turks and Caicos Islands by and large welcomed the need for reforms and for the strengthening of governance systems. By and large we acknowledged that the allegations of corruption and maladministration necessitated investigation, we have however, always been concerned that the inquiry was left to a lone Commissioner and we have always maintained that the suspension of our constitution and the establishment of an Interim Administration, was an inappropriate response to the Commissioner’s findings and ran counter to every principle of democracy and good governance.
Our sense of what is right and decent and fair compels us to question even to this day, why it is that former Governor Tauwhare, who was a member of the Cabinet for a significant period of the last elected government’s term, has not been required to speak to his involvement in the alleged wrong doings. Your Excellency, as you would expect, I am slow to comment on judicial processes, but I would betray my duty to the people of the Turks and Caicos Islands if I did not express our concern that in relation to the criminal investigations that followed the commission of inquiry, persons who were charged criminally have avoided the criminal process by paying millions of dollars into the treasury before they were even called upon to answer the charge. This type of action is abusive and nothing short of corrupt. It is the more egregious, because those who have to date been able to purchase their justice, have not been Turks and Caicos Islanders. When those who dispense justice are allowed to see black or white, rich or poor, expatriate or belonger, what they dispense ceases to be justice. When justice is for sale and when laws are implemented and made retroactive, arguably in an effort to secure particular convictions, the justice system and the system of justice is being challenged and democracy is under siege.
On the issue of taxation without representation, the people of the Turks and Caicos Islands by its duly elected Parliamentarians have just recently unanimously voted in support of an ordinance to repeal the Value Added Tax Ordinance that was passed by the Interim Administration and that is scheduled to come into force on April 1st of this year. The unanimity of the vote to repeal the VAT Ordinance, did not come as a surprise, as both political parties campaigned against its immediate implementation and sought its delay in order to allow the elected Government to explore alternative measures. We have made representations to the effect that VAT is not in the best interest of a small economy such as ours and have provided sound alternative revenue generating measures. While we maintain that VAT will not work in the Turks and Caicos Islands, we are more concerned, as you can see, that the principle of Democracy and Good Governance, which mandates that the people of the Turks and Caicos Islands through their elected officials, must have an opportunity to consider any measure that seeks to impose an additional tax burden on them or to otherwise alter their tax structure, is a principle that is being sacrificed on the altar of despotism. If His Excellency The Governor refuses to assent to the repeal bill, he would have said in no uncertain terms that the voice of the people is the voice of God, only so long as God and the United Kingdom Government are singing in chorus. I cannot stress with sufficient strength nor overstate the significance of these events. The question is not one of taxation, but rather, one of democracy.
An additional insult to the democratic process, is the continued presence of a UK appointed CHIEF FINANCIAL OFFICER, whose office controls government expenditure without the authority of the elected Minister of Finance. Friends, imagine if you could, an elected Government unable to give a clear undertaking to the works because this strange, unelected creature, the CFO, is deciding upon the operations of Government without the authority of the Minister of Finance.
Your Excellency, Ministerial Government in the Turks and Caicos Islands is not yet 40 years old – younger in fact, than the treaty of Chaguaramas. In that time, we have by any standards, made significant strides and by the same token, we have made mistakes. Your Excellency, fellow heads of Government, I assure you that the Government of the Turks and Caicos Islands has constantly under review, the successes and failures of those Governments that came before us. We will not be afraid to emulate the actions that lead to successes and avoid those that lead to failures. I wish also to assure you, that so long as I am entrusted with the office of Premier, I will stand in opposition to any individual or group of individuals, whose purpose it is to reverse the social, political and economic gains of past governments.
On February 10th 2013, moved by dismay over the constant infractions of democratic principles and insults to the ideals of elected government, I caused a letter to be forwarded to the First Secretary of State, The Rt. Hon. William Hague, MP – Minister of Foreign Affairs – requesting the recall with immediate effect, of the UK appointed dignitaries responsible for these infractions, namely His Excellency the Governor, the Attorney General and the Chief Financial Officer.
For some time Your Excellency, perhaps blinded by the euphoria of success, the Turks and Caicos Islands may not have been as public in its support for CARICOM as it could have been. We may not have been as bold as we could have been in championing the ideals of the Community. We may have failed to look within the region for the assistance in strengthening our institutions and building our democracy. The Turks and Caicos Islands have a vested interest in CARICOM, not least because we have living and working among us, citizens from perhaps every member and associate member of the Community. Your Excellency, please know that the Government of the Turks and Caicos Islands is committed to this region as we strive to build our small nation.
Even as I make public my Government’s commitment to the Caribbean Community, I want to make clear that that commitment is not at the expense of our willingness to continue work with the United Kingdom Government. The Government of the United Kingdom must by now realize that the Turks and Caicos is not prepared “to go along”, with all that they propose just “to get along”. The Partnership only works, if, notwithstanding our status as overseas territories, Her Majesty’s Government recognizes that we also carry the mandate of a constituency, whose interest we have a duty to represent.
In the words of Sir Lynden Pindling “We (the Government), must take the worst and make them Better. We must take the lowest and take them Higher. We must take the saddest and make them Happier. We must take the sickest and make them Healthier and we must take the poorest and make them Richer.” I have no doubt that all the Governments represented here today subscribe to that vision. It was that vision that propelled Toussaint L’Ouverture in to action. That vision drove Eric Williams, Alexander Bustamante, Forbes Burnham, Errol Barrow, Lynden Pindling and a slew of others, to challenge the status quo. So too, are the people of the Turks and Caicos Islands Inspired.
Your Excellency, There has always been a commitment in CARICOM for democratic values and a concern for basic human rights. CARICOM has never been afraid to condemn any circumstance that is an affront to democracy or denies the basic human rights to any people. In this regard we wish to thank the Community for its pronouncements thus far.
The current state of affairs in the Turks and Caicos Islands has the potential to throw our Country into chaos. For so long as I am the leader and principal spokesman of the Government of the Turks and Caicos Islands, I will use every means available to me to ensure that does not happen.
Today therefore, on behalf of the Government and peoples of the Turks and Caicos Islands, I am calling on the Community and the individual member states, to keep the situation in the Turks and Caicos Islands under review. I urge you to stand with us, not on one or other specific policy, but on the question of democracy. I invite you, to advocate on the international stage for the full restoration of the institutions of true democracy in our islands and to support our cries for removal of the spectre of colonial influences of the past, as we fight for our rights on our journey towards true self governance and self determination.
On behalf of the people of The Turks and Caicos Islands, I thank you.
Date: 18 February 2013
By: Floyd Hall
Subject: Duty Concessions
It was a fascinating read for me going through the Development Order entered into by the Government of the Turks & Caicos Islands and West Caicos Development Company. This was particularly so given that at the Commission of Inquiry of 2009 and the past Interim Administration no effort was speared by the Commissioner and the British big wigs in branding these types of concessions offered by the then PNP Administration as being corrupt and damaging to the people of the Turks & Caicos Islands. In fact, I can still hear the constant refrains from the British folks that included: “because of the concessions offered by the former PNP Administration the country is broke; because of the former PNP Administration the country has lost millions of dollars in revenue; or because of the concessions offered by the previous administration we have to cut cost.”
Those refrains became so monotonous that I think some people begun to tune them out. However, those statements served their purpose well for they cultivated a diabolical and malicious narrative that fed into the notion that the PNP Administration was corrupt and that those investors who were associated with that administration or benefitted in any way from duty concessions offered by that government were likewise corrupt and ought to be held to account. Others harped on the chorus to draw erroneous conclusions that as ministers in government, we stole from the Government’s Treasury or sold the country out.
Needless to say that to jump to such a conclusion was a huge leap especially given that all Development Orders had to be processed through the Attorney General’s Office and ultimately approved by the Cabinet where the British Attorney General set as legal counsel and the Governor set as President. It would appear to me now that for the British, the only thing that mattered was for the elected government of the day to be destroyed and if it were necessary to brand the activities of that government as being corrupt in spite of the vast level of prosperity that it brought to our shores then so be it.
As far as the British representatives were concerned, they had the “support” of the people of the Turks & Caicos Islands to go after us and that they did. They obliterated our Constitution and cast us all as a group of misfits, saved for the few that they picked out to sit on their appointed bodies. Consequently by their actions or, in some cases inaction, they brought our economy to a screeching halt.
A different tale of sorts is now evolving in the Turks & Caicos Islands today. The sinister plot of the British representatives is gradually being exposed. Even those who were in the minority calling out for the British suspension of our Constitution and to take control over our country are beginning to see that this was a monumental mistake. The gross incompetence of some of these British representatives is wreaking havoc on our country daily. We now have a Governor who thinks he is the law; an Attorney General who is absent more often than he is present (both physically and mentally) and law suits that appear to have no end. One has to ask the question these days, was it worth it? Or, are we any better off for what we have had to endure?
Getting back to the issue of duty concessions, I must say that I support the West Caicos Development Group getting its concession. Likewise, I support the concessions that we gave during our time in office to the Seven Stars, Grace Bay Club, The Regent Group of Companies, Third Turtle Club, the Salt Cay Group, Dellis Cay, Beaches, The Veranda and many other foreign investment entities that came to our shores during that period. These concessions are a necessity in small island economies such as ours.
As a small developing country, we have to remain cognizant that we operate in a competitive environment both regionally and internationally. Within the fifty states of the U.S. there is fiscal competitiveness constantly. Texas competes with California for corporate business, New York with New Jersey and there are countless other areas of competiveness. China competes with the U.S with Trade and technology, Hong Kong competes with New York and the City of London. We operate in a competitive universe and elected governments need control of their fiscal policy to make their countries’ economies competitive.
We offer tourism as our main product. Unless we are attractive to foreign investment, it will go elsewhere for certain. Investors everywhere look at the rate of return on their dollars invested and to help them in selecting the TCI for their investment the cost of doing business on our shores is a huge factor in the calculation. That is why we need to remain nimble to adjust to variations in the market place to maintain our competitive edge.
But in meeting the foreign investor’s need for concessions, we cannot forget our indigenous Turks & Caicos Islanders. That is why I am particularly proud of the concessions that our government gave to our local Turks & Caicos Islanders. These included generous concessions to the taxi drivers, the tour boat operators, the owners of apartments, on the fixed assets for commercial businesses, the local car rental agencies, the cargo brokers dealing with bulk material and the list goes on and on. The only criterion that was necessary by my office was that you had to be a Turks & Caicos Islander who was engaged in a business endeavor in our country. The benefits that were given went equally to persons of all walks of life, regardless of political persuasion or color of one’s skin.
Some will quickly say that as a small country we cannot afford these concessions. In fact that is exactly what some of the British pundits said. However, they failed to take into account that had it not been for those concessions many of the properties that we now call development and are contributing heavily to our revenues in the form of accommodation tax, departure tax and import duties would not be here today. Likewise, had we not given concessions to our local businessmen, they would not be the owners of businesses in our country either. Therefore, it would be a huge mistake to look at the concessions in isolation. While concessions must be tempered with reason and balance, they do serve an important function to stimulate or maintain both local and foreign investment.
Our party is indeed very proud of our initiative with duty concessions as well as the others we made in tertiary education, health and Crown land. Before our administration, these areas were beyond the reach of our people on this scale. Many Turks & Caicos Islanders were able to get their businesses started and have remained successfully engaged in their companies to this very day. Some, however, are holding on by a “wing and a prayer” hoping for the construction industry to rebound. Nevertheless they are grateful for the opportunity from our government and expressions of gratitude are given by some to us regularly.
Unfortunately for some of the foreign developers who benefitted from duty concessions during this period, the British Interim Administration rewarded them by assessing heavy penalties simply because they supported our political party with campaign contributions. They have been criminalized or at the very least had their once impeccable reputations besmirched. This is patently unfair to these developers as they were properly entitled to support the political party of their choosing with whatever amount they wished under the prevailing laws of our country at the time. These developers were responsible in part for the exponential growth that our country enjoyed during this period. Many of these developments today are beacons of success for the Turks & Caicos Islands like the Seven Stars. Companies like these are a source of pride for Turks & Caicos Islanders who enjoy employment there. Regrettably, developments like the Salt Cay Group that could have been the gem for Salt Cay residents or Dellis Cay which could have provided invaluable opportunities for the people of North and Middle Caicos had to perish in this ill-conceived exercise by the British.
It is my understanding that some of these developers decided to settle their issues with the SIPT even though they felt that they could win legally but rather than being dragged through an arduous and litigious fight in the courts, they chose to exit this way. For some they settled even if it meant falsely admitting to being culpable to some form of impropriety with the government. For others I understand that no admission was necessary with their settlement.
Regardless of the situation, it seems to me that good governance is only dispensed when duty concessions or other governmental activities are undertaken by the British representatives to our shores. The question now for all indigenous Turks & Caicos Islanders is, are we back to those days when only those who come to our shores could receive a benefit from the government?
You be the judge!
DEVELOPMENT ORDER
Legal Notice 2 of 2013
Made: 8th February 2013
Commencement: 15th February 2013
JASPER DEVELOPMENT COMPANY LTD DEVELOPMENT ORDER 2013
______________________________________________________________
MADE by the Governor under Section 4 of the Encouragement of Development Ordinance 1972
(Cap 20.01).
Citation
1. (1) This Order may be cited as the Jasper Development Company Ltd Development
Order 2013.
(2) The Logwood Development Co. Ltd. Development Order and The Logwood Hotel
Development Co. Ltd. Second Amended Development Order are hereby replaced.
Interpretation
2. In this Order:
(a) “Development” shall have the same meaning as in the Development Agreement.
(b) “The Development Agreement” means the Agreement dated the 6th day of
December 2012 and made between the Crown (1) the Government of the Turks
and Caicos Islands (2), the Developer (3), and Deer Valley Holdings Limited (4)
as amended, modified and supplemented (if applicable) in the interim.
(c) “excluded items” means the items deemed by the Collector of Customs to be
subject to full duty and shall include (but shall not be limited to) vehicles (other
than light weight environmentally friendly 4 or 2 stroke carts and/or electric
carts), amusement equipment, games of any kind, sailing boats, water sport
equipment, diving equipment, guest amenities, paper or cleaning supplies,
paintings, audio and audio visual equipment, linens, chinaware, flatware, kitchen
utensils, costumes, decorations, chemical products, gifts, area rugs and general
maintenance parts.
(d) “Developer” shall mean Jasper Development Company Ltd., a company
incorporated under the laws of the Turks and Caicos Islands, and having its
registered office at P.O. Box 127, Richmond House, Leeward Highway,
Providenciales, Turks and Caicos Islands, and shall include its Affiliates.
(e) “Affiliate” means with respect to a person (i) any other person that is directly or
indirectly controlled by, under common control with or controls such a person;
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(ii) any other person owning beneficially or controlling fifty percent (50%) or
more of the voting stock of such person; or (iii) any officer, director or partner of
such person. As used herein, the term “control” means possession, directly or
indirectly, of the power to direct or cause the direction of the management or
policies of a person, whether by the ownership of partnership interest or voting
securities, by contract or otherwise.
Development Enterprise
3. The Development is declared to be a development enterprise in accordance with the
Encouragement of Development Ordinance 1972.
Developer
4. The Developer is declared to be the developer in accordance with the Encouragement of
Development Ordinance 1972.
Premises of Development Enterprise
5. The Development shall be constructed, managed and otherwise operated at the land on
West Caicos specified in the Development Agreement.
Commencement of Development Enterprise
6. The construction by the Developer of the Development has commenced pursuant to the
Logwood Development Co. Ltd. Development Order.
Completion of Development Enterprises
7. The date on or before which it is anticipated that the Development shall be completed is
31st December 2027.
Other Conditions
8. The construction and operation of the Development shall be carried out in accordance
with the terms and conditions of the Development Agreement. The benefits and
covenants expressed therein shall form part of this Order.
Declared Benefits – Phases 1 and 2
9A. Subject to the provisions of the Encouragement of Development Ordinance 1972 and
provided that at least seven (7) days prior to the importation of any article into the Turks
and Caicos Islands pursuant to this Order, the Developer shall furnish the Collector of
Customs with a list which shall be agreed with the Collector of Customs describing the
articles that are to be imported including their categories and their quantities, the
Developer shall be entitled with respect to Phase 1 and Phase 2 of the Development (as
those phases are defined in the Development Agreement):
(a) for a period of fifteen years from the date of this Order to exemption from:
(i) any taxes on profits, gains or turn-over attributable to the Development;
(ii) any real property tax, capital levy or other tax on capital invested in the
Development;
(b) in relation to the Hotel Development (as defined in the Development Agreement)15349797\1 -3-
for a maximum period of five (5) years from the date of this Order, or until the
Hotel Development is completed, which ever is the earlier, to a reduction to 7 %
in customs import duties under paragraph 4 of The Customs Tariff (General)
Order 1991 on-
Materials:
(i) all building materials (except excluded items) which the Collector of
Customs is satisfied are imported for and to be used solely in the initial
construction and fitting out of the Hotel Development;
Equipment:
(ii) all plant, machinery, equipment, tools (except excluded items) which the
Collector of Customs is satisfied are imported for and are to be used solely in
the initial construction of the Hotel Development;
Furniture, Fixtures and fittings:
(iii) all furniture, fixtures and fittings (except excluded items) which are normally
capitalised in accordance with the generally accepted accounting principles
and which the Collector of Customs is satisfied are imported for and to be
used solely in the initial construction of the Hotel Development;
(c) in relation to the remainder of the Development, for a maximum period of fifteen
years from the date of this Order, or until the Development is completed, which
ever is the earlier, a waiver of all customs import duties on all materials,
equipment, furniture, fixtures, fittings and items (other than excluded items) to be
used in the Infrastructure Works (as defined in the Development Agreement) of
the Development, including:
Materials:
(i) all building materials (except excluded items) which the Collector of
Customs is satisfied are imported for and to be used solely in the initial
construction and fitting out of the Infrastructure Works comprised in the
Development;
Equipment:
(ii) all plant, machinery, vehicles equipment, tools (except excluded items)
which the Collector of Customs is satisfied are imported for and are to be
used solely in the initial construction of the Infrastructure Works
comprised in the Development;
Furniture, Fixtures and fittings:
(iii) all furniture, fixtures and fittings (except excluded items) which are
normally capitalized in accordance with the generally accepted accounting
15349797\1 -4-
principles and which the Collector of Customs is satisfied are imported for
and to be used solely in the initial construction of the Infrastructure Works
comprised in the Development;
(d) from the date hereof until the expiry of a period of 15 years from date hereof, a
reduction to 10% in Customs import duties on all materials, equipment, furniture,
fixtures, fittings and items (other than excluded items) used in the Development;
(e) for a period of 15 years from the date of this Order, a reduction by 50% of the rate
of cargo dues on Materials payable from time to time under the Docks Ordinance
1984; or any statutory modification on re-enactment thereof and any regulations
made thereunder or, any other supplementary or additional enactment imposing
cargo dues, or the equivalent by whatever name called.
PROVIDED THAT if the Developer fails to give at least 7 days notice prior to the importation
of any article the Collector of Customs shall be entitled to charge customs duties at the full rate
in respect of such article AND PROVIDED FURTHER that duties on articles imported may
become payable as provided by Section 9 (1) of the Encouragement of Development Ordinance
in the event of their being disposed of in any manner within five years from the date of
importation.
Declared benefits – Phase 3
9B.1 Subject to the provisions of the Encouragement of Development Ordinance 1972 and
provided that at least seven (7) days prior to the importation of any article into the Turks
and Caicos Islands pursuant to this Order, the Developer shall furnish the Collector of
Customs with a list which shall be agreed with the Collector of Customs describing the
articles that are to be imported including their categories and their quantities, the
Developer shall be entitled with respect to Phase 3 of the Development (as that phase is
defined in the Development Agreement) for a maximum period of ten years from the
date of commencement of Phase 3, or until Phase 3 is completed, whichever is the earlier,
to—
(i) a reduction by 50% of the then-prevailing rate of customs import duty on-
Materials:
(i) all building materials (except excluded items) which the Collector of
Customs is satisfied are imported for and to be used solely in the initial
construction and fitting out of Phase 3;
Equipment:
(ii) all plant, machinery, equipment, tools (except excluded items) which the
Collector of Customs is satisfied are imported for and are to be used solely in
the initial construction of Phase 3;
Furniture, Fixtures and fittings:
(iii) all furniture, fixtures and fittings (except excluded items) which are normally
15349797\1 -5-
capitalised in accordance with the generally accepted accounting principles
and which the Collector of Customs is satisfied are imported for and to be
used solely in the initial construction of Phase 3; and
Infrastructure
(ii) a complete exemption from customs import duty on all building materials (except
excluded items) which the Collector of Customs is satisfied are imported for and to be used
solely in the initial construction and fitting out of infrastructure for Phase 3, and
“infrastructure” for these purposes shall be deemed to refer to all or any (as applicable) of
the types of items set out in Schedule 1, paragraph 2 of the Development Agreement
(“Infrastructure Works – General Scope”) and generally to physical services and facilities
reasonably required to build and operate the Development or any part thereof in the
manner and to the standard contemplated by the Development Agreement.
PROVIDED THAT if the Developer fails to give at least 7 days notice prior to the
importation of any article the Collector of Customs shall be entitled to charge customs
duties at the full rate in respect of such article AND PROVIDED FURTHER that duties
on articles imported may become payable as provided by Section 9 (1) of the
Encouragement of Development Ordinance in the event of their being disposed of in any
manner within five years from the date of importation.
9B.2 In relation to Phase 3, the Developer (or its applicable Affiliate, as the case may be) shall
be entitled to a reduction in stamp duty of 50% of the then-prevailing rate on land
transfers and leases (i) to the Developer or any of its Affiliates, and (ii) to buyers of
residential parcels (including strata and built lots) from the Developer or any of its
Affiliates, which are presented for registration in the Land Registry during the
period of five years from the date of this Order.
Cessation of benefits and recovery of duty
10.
(1) If at any time after the date of making of this Order the units within the
Development which are designated or intended for use as accommodation from
which the Government derives revenue under the Hotel and Restaurant (Taxation)
Ordinance are not used or cease to be used for the purposes of such
accommodation other than by reason of force majeure or by reason of seasonal
closure (such not to exceed three months in any given year), the Developer shall
pay to the Government the amount of taxes, capital levy, or customs import duties
which the Developer would have paid if it had not been for articles 9A or 9B.
(2) The rate of interest referred to in paragraph (3) shall be 4% above Barclays Bank
plc’s base rate from time to time; and
(3) interest on that amount at the rate specified in paragraph (2) for the period
beginning with the date on which the taxes, capital levy or customs import duties
would have been paid if it had not been for article 9 or the date when a unit which
has been used as accommodation from which the Government derives revenue
under the Hotel & Restaurant (Taxation) Ordinance ceases to be so used
15349797\1 -6-
whichever is the later and ending not later than the date on which the taxes,
capital levy or customs import duties are paid.
(4) Nothing herein shall be construed so as to entitle the recovery by the Government
from the Developer of taxes, capital levy or customs import duty benefits or
concessions afforded to Logwood Hotel Development Company Ltd or Logwood
Development Company Ltd.
Made this 8th day of February 2013.
DAMIAN RODERIC TODD
GOVERNOR
Letter to Rt Hon William Hague-Premier of the Turks and Caicos Calls for the recall of the Governor, the AG and the CFO
February 10, 2013
Rt. Hon. William Hague
First Secretary of State for Foreign and Commonwealth Affairs
Foreign and Commonwealth Office
London
Dear Hon. Hague,
I take this opportunity to write to you in your capacity as first Secretary of State for Foreign and Commonwealth Affairs with overall responsibility for the Governance of the Turks and Caicos Islands. Hon. Hague as stated in my address to Minister Simmonds and Members present at the recently held Joint Ministerial Council, I thank the UK Government for the restoration of democracy in the Turks and Caicos Islands through the holding of elections that have enabled the establishment of a democratically elected Government of the people, by the people and for the people. Hon Hague, I however expressed our concerns as it relates to the good governance of the territory during this current post election period. As a newly elected government we are committed to good governance and the rule of law, but adherence to such principles should apply to all persons, at all levels of government, including the Governor and Attorney General.
Hon. Hague, I recalled attending a town hall meeting in early 2012 hosted by the Governor. Amongst the matters tabled at this meeting was the issue relating to VAT. At that meeting, there were several members of the community who expressed their displeasure at the arrogant and dictatorial manner in which the Governor handled the affairs of the country. At the end of the meeting I posed a simple question to the Governor, “Would an elected Government be able to repeal and reverse any of the laws and decisions of the Interim Administration?” His answer was simply, “Yes as long as it is in conformation with the Constitution and the law”. The answer was perfect, and he said it with a chuckle. Hon. Hague, this brings me to this point, our current Constitution.
Hon. Hague, many of the current atrocities and wrongful acts that are being committed by the Governor and the Attorney General are being done contrary to the stated principals and ideals of our Constitution and international laws of human rights, and some of these acts are being perpetrated under the cover of the Constitution. These actions seriously bring into question, both the character of these individuals, as well as questioning elements of the Constitution, its legality and its fairness.
Hon. Hague, the Turks and Caicos Constitution Order 2011, is not a Constitution of the people, by the people or for the people, and hence it should be amended and advanced, and we should start this process immediately through the proper procedures and dialogue. In the interim, we would expect that the territory of Turks and Caicos be governed by the 2011 Constitution, but with fairness, and the real best interest of the people, as expressed by themselves or through their elected government. This position has been articulated on many occasions in the past. It was stated on many occasions on behalf of the people of the Turks and Caicos Islands, that the very suspension of the 2006 Constitution was unnecessary. It was well established that there were many other options available to address alleged corruption and maladministration of a government of which the former Governor Tauwhare, was at the centre and head. During the Interim Administration, the Governor had absolute power, and exercised this power, regardless of the expressed wishes of the people of our country! During this period, there was a total disregard for the Constitution with respect to the appointment of a Belonger Deputy Governor. In the absence of the Governor, other members of the Interim Administration were appointed as Acting Governor, in direct contravention of the constitutional order laid down. There was the passage of an Appropriations Bill by the Governor himself. We also witnessed the passage of other laws, such as trial without jury, the hearsay and equality law, components of which go against our principles as a Christian Nation. During the period of the Intermin Administration, the Governor became comfortable to a dictatorial style of rule. Now, however, in the presence the newly elected repreventative government, the Governor and other remaning officials from the former administration, the Attorney General and the Chief Financial Officer, have demonstrated a reluctance to facilitate the transition of governance back to the the people of this country.
Hon. Hague, the alleged wrongdoings of members of the former PNP Administration and associates is quickly being exposed as being a farce, impregnated with cloak and dagger acts on the part of the Governor, AG Chambers and SIPT, to incarcerate Turks and Caicos Islanders at all costs, even at the cost of the violation of the principles of justice and the human rights of individuals. There is now a growing focus by the regional and international community on this matter, as blatant acts of “justice for sale” have been conducted here in the TCI under the disguise of plea bargaining. Such cases include many well-known expatriate developers who have secured their freedom from prosecution, both by monetary exchange under the guise of “Civil Recovery” and by providing evidence against accused local politician “co-conspirators”. Hon Hague, the sale of justice is not an example of good governance! Furthermore, it is quite evident that the Governor is deeply involved with the day to day operations of the SIPT, hence, is subject to impaired judgment, or has questionable motives in overseeing the affairs of this country.
Hon Hague during the period of the Interim Administration, the Governor asented to numerous pieces of legislation and undertook many reforms which were meant to create an environment of good governance and effective and efficient administration during a period of economic downturn. However, these legislations, reforms, austerity measures and tax policies that were implemented in preference to robust revenue strategies resulted in high unemployment, social neglect, large emigration of members of the workforce, abundant business closures and much civil unrest. These effects were coupled with a Governor, who ruled without a social conscience, and had no respect for the business community or indigenous local community, many of whom have publically expressed reciprocal sentiments of the Governor. The Governor and his administration, in their haste to expedite their mandate or agenda ended up violating many principles of good governance that had recently been approved and committed many acts that were similar, or identical to those that members of the previous administration were alleged to have committed. These acts were of such magnitude that even those persons who called for the intervention of the UK Government were calling for the recall of the Governor and regretted the method of intervention by the British.
Hon. Hague, the financial trough that the Turks and Caicos is currently in, due in part to the preferential austerity measures by the Governor is not insurmountable, as the potential of the Turks and Caicos is great and the future is bright. We acknowledge our properly verifiable debt, and are committed to the repayment of this debt. However, the financial strategy for economic growth and loan repayment via VAT that is mandated by the various financial mandates of the CFO and the Governor, are not the way to prosperity. The arguments against VAT in the TCI, and the need for the current method of taxation and economic diversification and growth as avenues to prosperity have all been well articulated by many. The people of this country from all sectors and the representatives of the people, in the House of Assembly, have all said “NO TO VAT” and are all in agreement with the economic strategies put forward by the government. Denial of the expressed wishes of the people, would be a clear indication of democracy not being restored to the people of the TCI!
Hon. Hague as stated already, our beautiful by nature Turks and Caicos has a bright future. But the current Governor, Attorney General and CFO, as remnants of the previous administration are obstacles in the way of prosperity. They never have, and even more so now, enjoyed the trust, confidence and support of the people of the Turks and Caicos Islands. I am hereby requesting that Governor His Excellency Damian Todd, Attorney General Huw Shepard and the Chief Finanical Officer Hugh McGarrel Groves be recalled and replaced by unbiased individuals, better suited to adapt to and to work synergistically with a democratically elected government, the business community and the local community. This will ensure that all stakeholders will have a fresh start at governing the Turks and Caicos Island in the best interest of our people.
Respectfully
Dr. The Hon. Rufus W. Ewing
Premier
Turks and Caicos Islands
Open Letter from Albray V. Butterfield Jr. To The Rt. Hon. William Hague, Secretary of State for Foreign and commonwealth Affairs
Albray V. Butterfield, Jr.
Providenciales
Turks and Caicos Islands
British West Indies
OPEN LETTER
4th February 2013
The Rt. Hon. William J. Hague, MP
Secretary of State for Foreign and Commonwealth Affairs
Westminster, House of Commons
London, United Kingdom, SW1A 0AA
Dear Hon. Hague,
REF:- THE TURKS AND CAICOS ISLANDS AND ITS DEMOCRACY
On 9th November 2012, we the electorate of the Turks and Caicos Islands (“TCI”) went to the polls nationally to democratically elect a Government and House of Assembly of our choice to govern our country’s affairs. At the time, it was our honest belief that the TCI would finally be returning to normal governance by our own local elected leaders. Our optimism for a brighter future became more assured ensuing the success of a series of meetings Hon. Premier Dr Rufus W. Ewing, and Hon. Charles W. Misick attended in London with United Kingdom (“UK”) Ministers, members of the Foreign and Commonwealth Office (“FCO”), fellow Premiers and Chief Ministers from the other British Overseas Territories within the Caribbean and North Atlantic Regions, and you Hon. Secretary of State. However, for some unforeseen and unexplained reason, the honeymoon did not last very long between the Governor’s office in the TCI (“Waterloo”) and the newly elected TCI Government, as it relates to the renewed open partnership between the TCI and the UK.
It appears that Waterloo is back to doing business as usual by continuing to operate as the interim government, attempting to usurp the authority and political will of the democratically elected TCI Government and House of Assembly, making it almost impossible for any elected Government (Progressive National Party or People’s Democratic Movement) to govern and execute its political mandate on which they campaigned.
I am almost certain that this was not the intentions of the TCI electorate on 9th November, when we stood in long lines for hours, some of us for up to eight hours in the hot sun waiting patiently to exercise our constitutional right to vote and elect a democratic TCI Government and House of Assembly in order to relieve Waterloo of its duties as the interim government of the TCI.
Upon possessing office, it is reasonable and expected that a new incoming administration within its first three to six months would have some transitional and settling-in issues with the established Westminster protocols, their respective Permanent Secretaries, the Civil Service on a whole, and Waterloo. However, what’s not expected, is Waterloo taking such a heavy handed, autocratic and unreasonable approach with the new TCI administration’s political mandate; case in point:- Value Added Tax (“VAT”) which was signed into law on 18th July 2012, and scheduled to come into force on 1st April 2013. During the recent national election campaign, all of the local political party’s candidates ran and won nationally and within their respective constituencies, on an anti-VAT platform. Hence, they were politically mandated on 9th November 2013, amongst other things, to repeal the VAT legislation in the TCI House of Assembly at their earliest convenience. On 19th November 2012, when the UK Parliamentary Under Secretary of State for Foreign and Commonwealth Affairs Hon. Mark Simmonds was asked in a question tabled in the UK House of Commons by Labour MP Hon. Brian Donohue, if he (Hon. Simmonds) would reconsider the implementation of VAT in the Turks and Caicos Islands, Hon. Simmonds went on record and publicly replied that: “The introduction of Value Added Tax is a decision for the Turks and Caicos Islands government.” Hon. Simmonds statement to the House of Commons gave our local elected members of the TCI House of Assembly much enthusiastic hope. However, in January 2013, Hon. Simmons responded in writing to the Hon. Premier Dr Ewing stating among other things: “I should be clear that I believe that, at this stage, the best option for the Turks and Caicos Islands is to press ahead with the implementation of VAT.”
VAT is just one example of the many heavy handed, autocratic and unreasonable decisions being made by Waterloo in an attempt to usurp the authority of the elected TCI Government and House of Assembly.
One does not have to be a learned person in political science, or profess to possess the gift of clairvoyance in order to foresee that this alleged co-governance of the TCI internal affairs is a recipe for disaster. Should such acts be allowed to continue, it will have a major tsunami like negative effect on the current socioeconomic affairs of the TCI, and will further delay for many years in the future, the recovery of the TCI economy. If the TCI are to move forward and regain its rightful place within the region, the FCO must allow the democratically elected TCI Government to govern without unnecessary interference in accordance to the autonomy granted through constitutional devolution.
Hon. Secretary of State, the TCI Citizenry was further insulted and disrespected by your appointed Attorney General via his inflammatory press release in January 2013, threatening prosecution, ten years imprisonment and fines of up to US$50,000.00 for anyone that publicly expresses their discontent and causes the TCI Judiciary to be looked upon with disrepute. Your appointed learned Attorney General should have been aware that the United Kingdom’s House of Lords on 10th December 2012, abolished the draconian law of “Scandalising the Judiciary” as a form of contempt of court under the common law of England and Wales. Lord Pannick stated among other things:- “It is no longer necessary to maintain as part of our law of contempt of court a criminal offence of insulting judges by statements or publications out of court. The judiciary has no need for such protection.”
The Turks and Caicos Islands Constitution Order 2011 (“TCI Constitution”), Schedule 2, Part 1, Section 13, guarantees every person that reside in the TCI the right to Protection of Freedom of Expression; it expressly states the following:-
Protection of freedom of expression:-
“13.—(1) Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of expression, and for the purposes of this section the said freedom includes freedom to hold opinions without interference, freedom to receive and impart (to the public generally or to any person or class of persons) ideas and information without interference, and freedom from interference with his or her correspondence or other means of communication.
(2) Nothing in any law or done under its authority shall be held to contravene this section to the extent that it is reasonably justifiable in a democratic society—
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights, reputations and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments;…
Has democracy and the constitutional fundamental rights and freedoms of the Citizenry of the TCI sunk so low that the TCI has now reverted to the era of Apartheid South Africa in the 1970′s and early 1980′s under the oppressive regime of Prime Minister then later President Pieter Willem Botha? Should that be the case, then let me be the first to enlighten your appointed learned Attorney General; the TCI is not South Africa, we are not South Africans, and this is 2013. The days of using draconian laws to silence, threaten, and intimidate the majority into submission to the minority, those days are long gone. We the People of the TCI refuse to remain silent any longer, and refuse to be dictated to by the minority. Today we are empowered, highly learned in the law and have the financial means to fight to the bitter end to defend our democracy and protect our constitutional fundamental rights and freedoms.
According to you Hon. Secretary of State in a written ministerial statement on 12th June 2012, in your update to the House of Commons on progress on the restoration of good governance, and plans to hold elections in the Turks and Caicos Islands, you stated in your conclusion among other things the following: “The UK believes that democracy, whether in an independent country or in an Overseas Territory, provides a solid foundation on which to build an accountable and responsive state. This belief underpins our work to advance democracy worldwide. We will support TCI to develop its democracy in line with our responsibility for security and good governance and our positive vision for our Overseas Territories.”
If what has been happening, and is now being allowed to continue to happen in the TCI since 9th November 2012 (i.e. the Political Will of the democratically elected TCI Government and House of Assembly is being ignored and usurped, and the Constitutional Fundamental Rights and Freedoms of the TCI Citizenry are now being attempted to be suppressed through fear and intimidation by your appointed Governor, Attorney General and by extension you as head of the FCO), then UK’s definition of “DEMOCRACY”, is no different than that of the Republic of Cuba, the Syrian Arab Republic, the Islamic Republic of Iran, the People’s Republic of China, and the Democratic People’s Republic of Korea, hence making the United Kingdom one of the biggest and most blatant hypocrites’ of this new millennium.
As a result of the heavy handed and autocratic approach being meted out by Waterloo, one good thing has derived from such actions; it has united us as a people and further strengthen our resolve to never give up fighting for our democracy and constitutional rights. On Friday 1st February 2013, an historical event took place for the first time in TCI political existence, all of the democratically elected members of the TCI House of Assembly debated with sincerity and ensuring unanimously voted to repeal the Value Added Tax legislation. The result was a super majority victory with all of the elected members on both sides of the aisle voting “YES” to repeal. This demonstration of national unity was a loud statement to the UK and the world that we the People of the TCI have spoken, we are finally maturing politically, and we are determined to reclaim and preserve our democracy.
Schedule 2, Part 4, Section 74 of the TCI Constitution, bestows upon Waterloo the powers to assent, and/or recommend amendments, or veto any bill that was ratified by the TCI House of Assembly. However, should you Hon. Secretary of State choose not to have Waterloo assent to the express will of the People of the TCI, and have the bill vetoed, then the world will finally know that Democracy in the Turks and Caicos Islands has died, and the Turks and Caicos Islands are being ruled under an Autocracy regime, and the elections of 9th November 2012, was nothing more than political theatrics to quell the local and international political pressure that had reached it limits.
Hon. Secretary of State, the vast majority of the TCI Citizenry, its full and part-time residence has lost all respect and confidence in your current appointed Governor of the Territory, and the current Attorney General as chief legal advisor to Waterloo, and the local elected TCI Government. Therefore, we Turks and Caicos Islanders are humbly and respectfully requesting that you urgently address the situation in the TCI before it escalates any further. The people of the TCI have reached the point where we will not tolerate much longer any further disrespect from your appointed personnel. Please honour your promises and statements made to the TCI during Hon. Premier Dr Ewing most recent visit to London in mid-November 2012, and prove to the world that the United Kingdom is a pillar of democracy.
I am publishing this letter openly in order to bring this matter to the attention of the international community.
Respectfully yours,
Albray V. Butterfield, Jr.
A concerned proactive Turks and Caicos Islands corporate citizen
CC:-
Hon. Mark J. M. Simmonds, Parliamentary Under Secretary of State for Foreign and Commonwealth Affairs
His Excellency Governor Damian R. Todd, UK Governor of The TCI
Hon. Robert Hall, Speaker of The TCI House of Assembly
Hon. Premier Dr Rufus W. Ewing, Premier of The TCI
Hon. Sharlene Cartwright-Robinson, Leader of The TCI Opposition
Hon. Members of the TCI House of Assembly
House of Assembly votes to repeal VAT, final decision rest with Governor Todd the Dictator
Published in TCI POST on 01st February
The House of Assembly has voted overwhelmingly to repeal the VAT law…………
The Governor put himself in a very awkward position regarding the VAT Bill. It was unprofessional, undiplomatic and dictatorial for him to publicly announced before the elections that an elected government cannot repeal VAT.
Now the governor has his his ego to protect and no doubt would use his considerable offensive colonial powers under the TCI British imposed constitution to veto the bill repealing VAT.
Nevertheless the government and the opposition did the right thing in voting for the repeal of VAT. The only voice in the House of Assembly that argued against repealing the bill was the governor’s appointed member Lillian Misick.
Should the Governor veto this bill whether with the advice of the Secretary of state or or his own accord, it is likely to trigger a series of events which could see civil disobedience on one hand or a spirited diplomatic effort to ensure that the bill is repealed.
The Minister of Finance stated that if the bill is not repealed that he would refused to enforce the law as it relates to VAT. I have no confidence in this approach although I wholeheartedly admire the tenacity of the Minister of Finance.
The trio of the Governor, the AG and the CFO will just do what they do best. They will intimidate and threaten civil servants to enforce VAT. The Governor made it clear in a recent press release that the TCI is jointly governed by him and the PNP. This is a clear admission by the governor that there are two governments performing at the same time in the TCI.
So folks the fight is far from over, in fact it has just began. John Glasgow
Advocates Legal Group – Press Statement Re: Intimidation and Threats by the Attorney General Chambers
ADVOCATES LEGAL GROUP
MEMBERS: Mark A Fulford, Noel T Skippings, Arthur Hamilton, Ashwood Forbes, Courtenay Barnett
PRESS RELEASE
RE: INTIMIDATION & THREATS TO FREEDOM OF SPEECH
MADE BY THE ATTORNEY GENERAL CHAMBERS
As Lawyers, we feel compelled to respond to the Attorney General`s public statement, as we find it to be very high handed, vexatious and wreaks of intimidation of the highest order.
Our country`s constitution guarantee us the freedom of expression, and unless the AG Chambers changes that law too, Part 1, Section 1 of the Constitution still applied to the Turks and Caicos Islands.
It is not acceptable that the Attorney General should cause to be published a threat of 10 years imprisonment when the press published and freely expresses factually based concerns about the manifest flaws and shortcomings in the justice system under the present dispensation.
It is indeed a compromise of the Constitutional enshrinement and protection of the fundamental right of “freedom of expression”. The AG’s threat to imprison by invoking the antiquated concept of contempt by way of “scandalising the court” fails to recognize the following:-
A. Contempt by way of scandalising the court was used years ago in England as a means of silencing legitimate criticism of Judges and others in authority. It is no longer used in England, and since parity by way of “gay rights” has been strenuously advanced by HMG in the TCI, the lawyers group is duty bound to insist that obsolete laws not be used in this manner to silence those who make legitimate criticism of a manifestly flawed justice system.
B. If the individual or individuals named in any article feel that they have been defamed, then sue the published on the article for defamation and do not threaten either lawyers or the press which should not be so intimidated because a Registrar, or Chief Justice or any Judge feels aggrieved for having read what was published in the press.
B. The high office of Attorney General should be, with respect, more concerned about:
Compromises in the system of justice,
Selective prosecution,
the impasse between Governor and Government over VAT,
The use of prosecutorial powers to pressure confessions and settlements,
Rather than be it implied or expressed be seem as silencing legitimate criticisms of a flawed justice system.
END
31 January 2013
Press Statement from Michael Misick in Response to the AG Statement
Published in TCI POST on 01st February
I have read with amazement the comments of the Attorney General Huw Sheppard as to why I cannot return home voluntarily.
Firstly, I nor my legal representatives have ever given any previous assurance of my return nor was I ever ask to show up at any police station at any given time to answer any questions.
Sometime during 2011 my legal representatives received a letter from Helen Garlick saying that she would be inviting me to return for questions. My lawyer responded by asking for full disclosure and subjects of the questions so that I could be prepared to answer them. My lawyer never received full disclosure or the subject matter of the questions.
The next time I heard anything from SIPT or Helen Garlick was in February 2012 when they issued an Interpol Red Alert for my arrest. By that time, because of my belief that I could not get a fair trial and that me and my colleagues are being prosecuted for our political beliefs I had already applied for political asylum in Brazil. Once the Red Alert was issued, I was stuck in Brazil and could not travel home freely. There was no window of opportunity given to me to voluntarily show up.
I am a political prisoner having been arrested illegally at the request of the Attorney General Huw Shepheard and the British Government and documents they filed in the Brazilian Supreme Court requesting my detention and extradition to the Turks and Caicos Islands. For that reason, the only way that I can be released from prison is if the AG and the British Government withdraw the prison order and agree to my voluntary return. My stay in jail is not up to the Brazilian authorities as the AG asserted but it is up to the TCI Attorney General Huw Shepheard, Special Prosecutor Helen Garlick and the British Government.
In spite of still holding the belief that I cannot get a fair trial, I and my lawyers have offered for me to voluntarily return home in exchange for the AG and the British Government withdrawing my prison order. I was arrested on December 7th 2012. Today is Janurary 27th 2013. If the AG and others were truly interested in me coming home to face justice why for almost 60 days they had not made the official request for my extradition or accepted my offer to voluntarily return home?
It is obvious that the delay is about revenge and my continued political prosecution, they want to punish me by keeping me locked down in a maximum security prison in Brazil for as long as they can. Reality is that I have applied for political asylum in Brazil and there is a Red Alert out for me so how am I a flight risk? Why would I abandon my asylum application and leave Brazil? In fact I cannot do anything without the AG and Helen Garlick agreement to lift the Red Alert.
By these facts I again call on the AG and Helen Garlick, if they are truly interested in fairness and justice, to allow me to come home voluntarily so that I can answer questions and begin to prepare my defense since they have already decided that I will be charged even before asking me the first question.
It makes no sense to waste more of the TCI tax payers time and money on a long and drawn-out extradition process. The AG knows that extradition is a process and that the process must be followed wether I consent to be extradited or not. I have publicly declared my willingness to come home voluntarily, I am interested in justice. I am interested in coming home to clear my name.
The Ag and others can facilitate my speedy return so I can face their justice or they can continue to make excuses and continue their prosecution of me and punishing me without a trial by leaving me in jail in Brazil because they are upset that I did not return home a year ago. This is revenge, not justice. The choice is theirs not the Brazilian authorities.
I could be home to face whatever charges they choose to place on me in 24 to 48 hours of the AG and the British Government agreeing to my voluntary return.
There is recent president for this in England where at least one high profile prisoner did agree to voluntarily return there to face charges after being away for many years. My situation is no different from theirs.
It is highly unusual for a person that is a country’s most wanted to want to voluntarily return and the authorities of that country refusing to accept him or to expedite his return.
Something is wrong with this picture. It is up to you Mr. Attorney General.
Michael Misick
Former Premiere of the Turks and Caicos Islands
From Prison
Rio de Janeiro, Brazil
27-01-2013
JUDGE REJECTS SIPT BID TO WITHHOLD PIPER’S PASSPORT AND PREVENT HIM FROM TRAVELING TO BRAZIL
McAllister “Piper” Hanchell
By Hayden Boyce
Publisher & Editor-in-Chief
A high court judge in Turks and Caicos Islands on Wednesday rejected an application by special prosecutors and investigators to prevent a former Cabinet minister from traveling to Brazil to visit former Premier Michael Misick in jail for his birthday.
Madame Justice Margaret Ramsay-Hale said she saw no reason for the Special Investigation and Prosecution Team (SIPT) to withhold the passport of McAllister “Piper” Hanchell, who will be traveling with a group from the Turks and Caicos Islands this weekend to visit Misick who turns 47 on February 2nd, and who is jail awaiting extradition to the TCI.
Hanchell’s lawyer Lara Maroof of F Chambers told the court that in keeping with bail conditions set by Chief Magistrate Clifton Warner, her client submitted his itinerary to SIPT on two previous occasions and was allowed to travel freely.
However, she said, when Hanchell sent an itinerary to travel to Brazil from January 31 to February 4th, his request was denied by SIPT who indicated in an affidavit filed in the Supreme Court that they felt that Hanchell was a flight risk and that he may even seek political asylum in Brazil and not return to the Turks and Caicos Islands.
SIPT also said they were concerned that if Hanchell was allowed to go to Brazil he would “collude” with Misick in discussing matters that are presently before the court.
Maroff, who revealed that Hanchell’s appointment to spend six hours with Misick in jail was already approved by the British Consulate in Brazil and prison authorities there, said it was “ridiculous” for SIPT to suggest that Hanchell would want to seek political asylum in Brazil, especially given what Misick is currently experiencing in that country after he was arrested there on December 7th.
Furthermore, she said, if Hanchell wanted to discuss any aspects of pending cases with Misick he could have done so on many occasions via telephone, Skype, email or other means before the former Premier was arrested.
Madame Justice Ramsay-Hale said she did not find any merit in the SIPT’s suggestion that Hanchell was a greater flight risk now than before, simply because he was going to visit Michael Misick.
She noted that he had travelled on two previous occasions and had returned and there was nothing to suggest that he would not return on this occasion. In addition, she said that the bail conditions that were originally set by Hanchell did not contain any non-contact clauses which would have prevented him from interacting with Misick.
“I just can’t see any reason to say no to allowing him to have his passport,” the judge said.
Judge Ramsay-Hale said that bail was set by the court and not by SIPT and that in the final analysis it was up to the court to decide whether bail should be varied and on what terms and conditions.
She said that SIPT does not have exclusive rights to come before the court to make representation for or against bail conditions, adding that this right also extends to defendants, but the court will have the final say.
