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Interview about Joe Grant in Turks and Caicos Islands

  • Dr Kinay, for this interview is the subject Joe Grant Cay in Turks and Caicos Islands. This Cay is one of the less known cays, and its story came up to the attention of the TCIlanders because of bribe allegations in Turks and Caicos. Dr Kinay, What is Joe Grant Cay?

 

Joe Grant’s Cay is a beautiful but remote, uninhabited 712 acres cay located in a remote section of the archipelago between Middle Caicos and Easy Caicos. It is accessible only by sea. The last time I took a boat to visit it, it took me 2 hours from Providenciales to get there. This Cay has no dock, no road, no electricity, no water neither any form of other infrastructure. It is inhabited like East Caicos. The cay is composed mainly of consolidated rock with the ocean frontages consisting of either sand or “iron shore”.   The elevation is low and the shallow water depths at some parts of the island for do not allow visitors to access other areas. These difficulties do not discourage us, as at the end, when properly developed, this Cay is a beauty.

 

We have bought 200 Acres of this island on June 20, 2008 from the Crown through a transfer of title executed by the former Governor., Hon Richard Tauwaree and on November 7, 2008, the former Governor, Hon. Whetherwell has executed a Development Agreement with us for the development of the whole island.

 

  • What is the role of you in this project?

 

When I first came to Turks and Caicos Islands in 2005, I had already my development company O Property Collection in Austria. This company is where I, and my partner Oguz Serim offer our development advice to projects. O Property Collection has, from the first days of this project, ,is acting as “developer” bringing its expertise, in construction, sales, marketing. The center of any development is people. Community is very important. My company’s vision is to create design driven projects. God has already placed a beautiful design for Dellis and Joe Grant, it is now up to us, with respect, to treat these beauties with the best architecture and standards there is.

 

  • What do you want to develop on this island?

 

We want to develop the island with an environmentally friendly Hotel and then Villas in the natural surroundings. We have retained top environmental engineers from Florida, and we already started the process of Environment Impact Assessment. We designed our project with a high class architect from italy, and have signed a brand and management Indent with a very famous brand. The most important consideration though is that this will be a low density and green development.

 

  • When you first heard of Joe Grant Cay? How did you get involved?

 

I first got interested in Joe Grant Cay In December 2006 when I was informed that negotiations with some developers for a proposed project on Joe Grant’s Cay had run into difficulties and I was asked whether I could be interested to take this development further. The Government already had a price for sale on the Cay, US$5 million according to a formal offer that the former Government had placed before the previous developers in November 2006. My initial views for the Cay was that it was a remote location, no infrastructure and it involved Crown Land, and that meant the need of a Belonger Partner. I was not familiar with this process as my first investment Dellis Cay, is a private transaction and does not involve any Crown Land.

 

  • Did you know any of the previous developers?

I understand form the discussions in the past months that there were a number of developers who wanted to take this Cay prior to my involvement in early 2007. I do not know and have never done any business with the gentleman named at the discussions at the Commission of Inquire,. whether in relation to Joe Grant’s Cay or otherwise.

 

  • Who is you local/belonger partner?

 

I was already heavily engaged in our Dellis Cay project, and having regard to the Crown land policy (of which I was then aware), I thought it sensible to have a belonger partner in the development. In that respect, a company called Oceanic Development Ltd owned by Don Gardiner became my partner. I respected Don very much whom I already knew socially. As you may recall he was the President of the Turks and Caicos Islands Tourism Board. I understood that Don was involved in the development prospects of Joe Grant Cay with the previous developers so he was very familiar with it. We have executed a Joint Venture Agreement with Don’s company in January 2007, and became partners in a company called Caicos Platinum Ltd, a company that was the recipient of the first formal offer of US$5 million from the Government back in November 2006.

 

 

  • When did you buy Joe Grant Cay.

 

See, that has never happened. We did not buy Joe Grant Cay. We bought the freehold of the 200 acres of Joe Grant Cay, and the rest (512 acres) is provided to us by a Conditional Purchase Lease through a development Agreement. I am not sure whether you followed it, but this island was first offered at US$5 million to Caicos Platinum Ltd, when that company was owned by previous developers. Then, 200 Acres of it (approximately 30%) was offered to us at $2 million in early June 2008, by the decision of Cabinet, led by His Excellency the Governor Richard Tauwaree. At the specific instance of the Government (and with some reluctance on our part given the risk to which we were thus being exposed in advance of the conclusion of a development agreement), we were asked to close the purchase of the 200 acres hotel parcel on an urgent basis, apparently because of very low cash flow issues at Government level. Having agreed to do so, the Governor again changed its mind, obtained a new valuation by a third party QS and informed us on June 19th, 2008 that the price of the hotel parcel had been increased to $3.2 million. We paid that price for 200 Acres and bought a portion of Joe Grant Cay on June 20th, 2008 on de day of Groundbreaking Ceromonie of Dellis Cay.Governor Tauwaree came in the afternoon to this Ceromonie,was very happy,that Joe Grant deal was finally closed after 1,5 years of negotiations.He congratulated me on the day,the funds of the transaction was in the account of government.

 

 

  • What about the Development Agreement?

 

You know, it took us almost 2 years from the first discussions, but 5 months after our acquisition of the 200 Acre parcel, in November 2008 to get a Development Agreement. I am not sure whether you re know but The Governor executes all major agreements on behalf of the Government. So, our that time new Governor HE Gordon Wetherell, Attorney General Hon.Rhondalee Braithwaite and our CEO, Director, Michel Neutelings have met for the execution of the Development Agreement.

 

  • Dr, Is there anything special in the Agreement?

 

All development agreements in Turks and Caicos Islands, usually have more or less the same provisions. However, we have an additional obligation on our part to pay 15% on the gross amount on the sale of villa lots in the development to the Crown. I am not privy to all development agreements in TCI but I am not personally aware of any other development agreement which contains an obligation of that nature. From the standpoint of the public, it is clear that if my partners and I make a major investment on Joe Grant’s Cay such that the price which a buyer might pay for a villa lot is greatly enhanced, the Government receives a corresponding benefit without any of the business risks undertaken by the developer. Joe Grant Cay was going to be a new source of income for the TCI Government and TCI islanders. This remote and unhabited island was going to be the home for a new hospitality project providing new jobs and opportunities for everyone. I would imagine that most of the ex middle caicos residents would returned to their home from their present endeavors in Providenciales. In summary, this project had a very important social aspect. I have on many occasions discussed these aspects with both Honorable Governors Tauwahare and Whetherel.

 

  • There was a discussions about the valuation? What you have to say on it?

Look, I am a developer, a businessmen. I got interested in this deal as the 712 Acres was available at US$5 million to a number of developers who apparently did not perform. I wanted to buy at this price. At the end, I have negotiated more than 18 months to get 30% of this cay at US$3.2 million. I took a significant risk by paying that price and closing that purchase without having a signed development agreement with TCIG, with no guarantee that we could carry out our development plan or acquire the rest of the Cay.

 

Now coming to the valuations, I understand from the Inquiry that under the leadership of the HE Governor Tauwaree himself, the Cabinet has sought a number of conflicting valuations both from their own valuation department and from a private commercial appraiser on June 2008. They have as the Cabinet, together with HE the Governor, have decided to take the valuation of the commercial appraiser as it reflected the market value.

 

Now, the question is why did they not picked the high value but the low value?

 

My answer is that the valuation of the land is obviously a matter for the Crown and for experts in that field. That is why I I have hired some of the leading experts in this field to assist me. What they say is simple: the Valuation officer has attempted to value this property by direct comparison to couple at Ambergris Cay, and sale listings from marketing brochures (and not actual transactions) at North Caicos Marina and Middle Caicos. I am told that those comparables do not come near being appropriate for the purposes of valuing Joe Grant Cay.

 

At Ambergris Cay, for example, lot sizes of between 0.32 – 1.85 acres each are compared to our project of 700 acres.   In addition, Ambergris Cay forms part of an established luxury brand, and considerable expenditure has been undertaken on the extensive infrastructure. I do not know if you know but Ambergis Cay has all its utilities underground, electricity and water, It is the only island in this country which has an underground sewer system. Everything is self-generated on the island, water making, the treatment of the sewer system. It has even an uncompleted marina that is not completed but obviously a port facility) including the inclusion of the biggest private runway (6,000 feet) in the Caribbean. Overall Ambergis Cay it is a self-sufficient island that has all of the amenities and can function, unlike North and Middle Caicos which has to have power on the sea cable from Providenciales. North Caicos Yacht Club is also a developed property, so no parallels to undeveloped land neither. We also understand that the valuer has used “sales brochure prices” in 2008. The Middle Caicos comparative is based on a sales listing as well, which was withdrawn from the market after 22 months listing period and not sold.

 

Now, that is what experts say. These will all come out soon. Now if you ask me what I personally think. To me, the real valuation is what I paid. I paid US$18 million to Dellis Cay, a 500 acres island, of which 200 Acre is private land. Dellis Cay is only 20 minutes from Leeward Highway, it had PPC Electricity cable in it, for plenty of electricity, and it is next to world renowned Parrot Cay. I think that we have paid for the 200 Acres at Joe Grant Cay reflects the fair market price at its present state and that is “undeveloped” land at a remote location for commercial use. That is what it is.

 

Later on, we have asked both local and international professional valuation firms to conduct a full analysis and report an official valuation of this island. All these reports have confirmed the value that we have paid to Joe Grant Cay’s 200 acres and the lease agreements that we have entered with the TCI Government. In any case, after the World Economical Crisis starting in November 2008 and onwards land values have significantly eroded all around the world and especially the Caribbean.

 

  • But Dr Kinay what is the benefit of this Project to the TCIslanders? What do they get?

 

Look, The government did not simply sell a piece of land, they entered into a development agreement for the development of that land. If I can not develop it on time, and spend the money that the Government wants me to spend on it, than they will get back. It is in the Agreement. It is ours as long as we spend money on it. You know how much? My Development Agreement says I need to spend US$120 million on this cay in a fixed period of time. We estimated that the construction will take 2 years and create at least 150 new local jobs. Once the island is fully operational it will require at least 70 locals to manage it. As I have already mentioned, in addition to the purchase price of the land of the hotel site, we will pay 15% of our Villa sales on the 300 Acre Villa Lots and this goes straight to the Government’s budget. Not to mention, the usual development agreement obligations such as the Annual Scholarship payments, duties, work permit fees, the rents paid under the leases, stamp duty benefits accruing to TCIG arising out of sales in the development and the boost to the tourism economy of TCI.

 

  • Dr Kinay, you lost a court case concerning Joe Grant Cay? What will happen now?

 

I received the Turks and Caicos Islands Court’s judgment concerning Joe Grant Cay. I also received TCIG’s Press Release. The judgement is grossly unfair and Joe Grant Cay development companies are currently appealing it. I could not afford lawyers as Turks and Caicos Islands Courts have frozen all my worldwide assets not allowing me to spend any funds towards my right to defend myself and my companies. Looking at the Judgment, in essence, His Hon. Justice G W Martin has concluded in connection with the political donation of $500,000 made by Dellis Cay’s parent company Turks Development LP (the Court states the donation was from ‘Dr Kinay’) to Michael Misick on 9 January 2007, the Judge found (paragraph 33) “there to be a very strong probability that the money was paid as a bribe in order to ensure that the Defendant companies obtained the benefit of the proposed development” disregarding the facts that the Defendant companies did not even exist at that time, and that the donation was made by Turks Development LP, a company developing Dellis Cay, not related in any way to Joe Grant Cay . His Hon Judge further observed (paragraph 41): “I emphasise that this judgment should not be treated as a conclusive finding that any individual has acted corruptly.  Nobody should be declared corrupt if he has not had the opportunity to defend himself at trial, and that has not happened in this case.’ These statements did not make the Judgment just and fair, the basic principle of law.

 

On the matter of Joe Grant Cay’s valuation, His Hon Justice completely ignored the Government’s valuation report obtained from BCQS, an independent commercial appraiser who valued 200 acres of Joe Grant Cay, at USD 3.2 million for commercial use, exactly the amount of money asked by the Government in June 2008, which the development companies have paid in full. His Hon Judge ruled (Para 36, The Judgement) ‘When instructing BCQS to give an alternative valuation, McAllister Hanchell did not tell them of the proposed development, so that their valuation made no allowance for the intended use of the land.’. The Learned Chief Justice has failed to recognize that BCQS valuation report specifically stated on Page 7 Item 3.5 ‘It is assumed that planning permission is available for the subdivision of the land for residential plots or for a commercial use.’ By ignoring BCQS’s clear statement specifying that Joe Grant Cay valuation report is prepared for “commercial use”, The Hon. Chief Justice presented an unbalanced approach for the benefit of the Plaintiff. The Court’s omission of BCQS’s written representations in their valuation report is not something that I can live with and we will be pursuing the reasons for this material error.

 

First, the Commission of Inquiry’s publication of unredacted Final Report despite the TCI Supreme Court’s Order not to publish the unredacted Final Report cost Dellis Cay its business and caused the funders to pull their finances, now Joe Grant Cay Development companies are striped of their rightfully obtained assets.

 

It is clear to me that there is a set political agenda which is geared to restructure the political landscape at the Turks and Caicos Islands and we are chosen as the main victims. I repeat categorically that I reject all accusations, and state that we are innocent

 

For those who doubt that the Development of Joe Grant Cay is not innocent, I have only one question: Had the alleged privileges, favors or better conditions been present in the acquisition of 200 acres of this island, or in the Development Agreement, why both Hon. Governor Tauwhare, and the present Hon. Governor Whetherell would have executed these on behalf of the Crown? Both Hon Governors are experienced public officials, with history of making land transactions, and executing Development Agreements on behalf of the Crown. Why did they approve these transactions if the preferential treatment was all over the documents that they have signed?

 

All these contracts, and 200 acres land sale were approved by the Attorney General, TCI Invest, Ministers, the Premier, and executed by 2 Hon. Governors. The Government and both Hon. Governors had 2 years to conduct due diligence. Do you really believe that they were all ‘deceived’? and did not know what they were selling? That is the real question the Turks and Caicos Public must ask.

 

I have faith in the law, and I will look for justice until I find it.

 

  • What are your long term goals?

 

I did not come to Turks and Caicos Islands, to do few projects and go back to anywhere. I will stay and work here for many years. When Dellis Cay and Joe Grant Cay will one time open, my children, together with the young generation of Turks and Caicos Islands, will be proud of having these developments, in remote locations and will have fun.TCI er will be proud about it too.

 

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BREAKING NEWS

STATEMENT OF DR CEM KINAY WITH RESPECT TO THE JOE GRANT SALE.THE TRUTH.

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Statement of Dr Cem Kinay with respect to the Joe Grant Cay’s Sale

Istanbul, Turkey 18 December 2013

I understand from Turks and Caicos Islands media sources that a 200 acre parcel of Joe Grant Cay has been sold for $4.04m in October 2013 in a transaction that was never made public.

I was sure that one day, the truth about Joe Grant Cay’s true value will come to the light, Today, is my day. For the past 6 years, I have been living stripped of my basic human rights and assets just because the TCI Courts have concluded in connection with a political donation made to Michael Misick on 9 January 2007 “there to be a very strong probability that the money was paid as a bribe in order to ensure that the Defendant companies obtained the benefit of the proposed (Joe Grant Cay) development” disregarding the fact that there was in reality no benefit at all, as we have paid the true and accurate value of this land which was USD 3.2 million for the same 200 acres parcel back in 2008.

More specifically, on the matter of Joe Grant Cay’s valuation, His Hon Justice completely ignored the Government’s valuation report obtained from BCQS, an independent commercial appraiser who valued 200 acres parcel of Joe Grant Cay, at USD 3.2 million for commercial use, exactly the amount of money asked by the Government in June 2008, which my development companies have paid in full.

What is more astonishing was the fact that His Hon Judge ruled (Para 36, The Judgement) ‘When instructing BCQS to give an alternative valuation, McAllister Hanchell did not tell them of the proposed development, so that their valuation made no allowance for the intended use of the land.’. The Learned Chief Justice has failed to recognize that BCQS valuation report specifically stated on Page 7 Item 3.5 ‘It is assumed that planning permission is available for the subdivision of the land for residential plots or for a commercial use.’ By omitting BCQS’s clear statement specifying “commercial use” in its report, The Hon. Chief Justice violated our right to a fair trial, and unfairly favored the Turks and Caicos Islands Government by omitting what the true valuation report states. Instead, the Hon. Chief Justice relied on a series of valuation reports prepared by the Turks and Caicos Island’s own employee Mr. Hoza, which are at best confused. Mr. Hoza’s valuation reports valued the 200 acre parcel at a whopping 45 million for commercial use!

For those who doubt that the Development of Joe Grant Cay is not innocent, I have only one question: We have paid 3.2 million in 2008 for this 200 acre land, and today, 6 years later, the same land has been sold for 4.04 million in an open market transaction ! I ask you what happened to the alleged tens of millions of dollars that the Government and some of our opponents claimed that this land was supposed to be worth?

I have the answer: The alleged valuation of this island was a big lie ! Joe Grant Cay’s 200 acre was never valued more than what we paid for. That was the exact reason why many internationally repute valuation companies as well as all the local valuation companies have valued it at the exact value that we paid for it. That is why both Hon. Governor Tauwhare, and later on Hon. Governor Whetherell have approved and executed the sale of this 200 Acre land to us for USD 3.2 million, and that was why the sale was approved by the Attorney General, TCI Invest, Ministers, and the Premier.

In fact, there was no “favor” from anyone for Joe Grant Cay. In fact, we have paid the true value of this land, and the shameless dark forces took away from us alleging the “undervalue” sale. The evidence is before you, the same land is now sold for USD 4.04 million after 6 years.

In the past five years, I have been victimized by politics. My assets were frozen and hundreds of people lost their jobs. I could have developed Joe Grant Cay and create much needed jobs, and further tourism income for Turks and Caicos Islands. I was denied my fundamental right to a fair trial in TCI, a red notice application has been filed with the Interpol for my arrest. I am calling upon the TCI Government and the Attorney General to end these groundless accusations against me, return my assets, and clear my name as I have done nothing wrong.

God Bless

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News

JOE GRANT SCANDAL IN TURKS AND CAICOS ISLANDS

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The below article ,published in June 2012 in SUN

By Royal S. Robinson, MBE
The Interim Administration continues to try to have its cake and eat it as well as to operate in a very non-transparent way. When you take into consideration the premise on which they took over the country from the duly elected local representatives, the actions so far have not been to show you how best to get the job done, but how best to carry on the process by which cronyism is the hallmark of the day and picking winners of your own choosing is the best was in which to do business.
The British Government, FOC, DFID, SIPT and the Civil Recovery team declared that the original sale of land by the TCI government to Platinum was a corrupt transaction and as such should be recovered and redound to the benefit of the people of the Turks and Caicos Islands. Steps were taken through the Court system to have the land returned to the Crown and the court agreed that the land should be returned. No sooner than this exercise was completed (Platinum seem not to take an interest in appealing the court’s decision), there seems to be a concerted effort being made to now ensure that the Turks and Caicos Islands’ people do not benefit effective from the return of that land.
The first part of the deception and deceit started with the decision to sell the land to satisfy a mortgage that had been placed on the property by Temple as a result of Platinum borrowing some $2M and using the property as collateral. My understanding of the legal system is that if a leaf of the fig tree is tainted, then the whole tree is tainted. As it relates to this particular transaction, if it was corrupt for Platinum to obtain the land in the first instance, then any subsequent transaction had to be corrupt also.
So why was there a rush on behalf of the Interim Administration to satisfy Temple Mortgage? There can be one inference to be drawn and that is that someone in the Administration or very close to the Administration had something to be gained by the sale of the land by the government to satisfy the debt to Temple!
According to all previous pronouncements by the Interim Administration, all of the land that had been reacquired as a result of some fraudulent activity would be kept in the land bank for future generations to benefit from. So what is the real rush to dispose of this land at this time? Something smells fishy here.
Now in the proper scheme of things, if the Interim Administration had a real reason to dispose of the land for the benefit of the people of the Turks and Caicos Islands, the first thing it should have done was to specifically say so. Following on from that, it should have issued a Request for Proposals. If as they like to claim they are operating in an open and transparent manner, and they want to get the best value for money, that is what would have happen. But they have decided to pick winners from “their side of the ledger”. What is that called? Is it Insider trading? Or is it nepotism? I thought those were the common faults and flaws identified by Sir Robin Auld as being part of the systemic weakness and corruption in the previous political administration that had to be rooted out. But like Courtney Missick likes to say, corruption has only changed its colour, from black to white!
Now let us look at the local firm that got to market and sell the 200 acres of land on Joe Grant Cay. It is Sotheby’s and its local affiliate is Connolly-Zahm! Is it just coincidental that one of the principals of Connolly-Zahm if Mrs. Josephine Connolly, the wife of Advisory Council member Joseph (Joe) Connolly? As Ernie Clarke likes to say “I have the documents”. I will definitely like to see the documents showing that there is no nexus at all!
The old Finance and Audit Ordinance and Financial Instructions, followed by the now brand new Public Finance Management Ordinance, all speak to a transparent process with respect to the procurement of services by government.
As I have indicated before, there should have been a tendering process set up and the firm with the best proposal selected to carry out the work. The worst case scenario would have been to short-list say six of the local real estate firm that have international connections and ask them to submit proposals, I could live with that. I would have thought that that would have given me some piece of mind that I would have been getting value for money.
What I still cannot fathom is how the governor fixed his mouth to call the initial land transaction of Joe Grant cay corrupt and it had to be returned to the people, but no sooner was that done, he is out there secretly trying to sell that asset. Something untoward must be afoot here. I just cannot for the life of me understand the amount of double standard that is being used by this Interim Administration, save to say that a concerted effort is being made dispose of everything of value that belong to us, in a manner that they feel and say that it is in our best interest so to do.
I have never seen so many thing done in my best interest, that am totally opposed to as is happening with these bumbling idiots at the helm. As time progresses, everyone is seeing that the Emperor has on no clothes and is operating in a clueless manner.
How the Interim Administration hopes to be able to get away with such blatant disregards for the rules that they say they came here specifically to enforce and demonstrate the ethics of doing things in the proper manner?
However, what they have and are demonstrating to us is that what we were doing was child’s play and they are certainly showing us how bad business should operate. That does not give us faith and comfort in these operators. That is why on the streets there is now total skepticism as to the real reason the intervention took place.
We must by now be in a position to determine for ourselves that what is currently being done to us is neither right nor fair! The reset button has now been pushed by the setting of the date for elections. We should all go out and get registered so that we can send a clear and unambiguous message to the Interim Administration that business as usual will not be the order of the day. Joe Grant Cay has not been sold as yet and it is not too late to restart the process on a proper footing.
There cannot be a rush as there is a surplus budget proposed, so the money from the sale is not critical to our financial position except that the Interim Administration is hell bent of getting from under the loan guarantee as quickly as possible and to hell with whatever adverse consequence to the Turks and Caicos Islands people!

published in Sun TCI

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News

British Developer Pleads Guilty in Turks and Caicos Islands Corruption Case

British developer pleads guilty in Turks and Caicos corruption case
Published on June 3, 2013

PROVIDENCIALES, Turks and Caicos Islands — British developer Richard Padgett pleaded guilty in the Turks and Caicos Islands (TCI) on Friday to charges of bribery and conspiracy to pervert the course of public justice by agreeing to present false or forged documents to a Commission of Inquiry.

At a plea and directions hearing on April 15, Mr Justice Harrison agreed that Padgett should be allowed to enter his pleas at the first reasonable opportunity. His case was adjourned to May 31, this being the next most convenient date for the judge to return to the TCI.

Padgett is currently suffering from ill health and in the opinion of his doctor is not fit to travel to the TCI, it was therefore agreed by the court that his pleas be entered from England, by a video link to the Supreme Court.

Padgett and the Crown were represented in both jurisdictions by counsel.

After his pleas of guilty were entered, the case was adjourned to September16 for mention as to the appropriate date of sentence.

Padgett, who has been on bail throughout the proceedings, remains on bail.

The TCI government also announced on Friday that it has settled all civil claims and proceedings against Padgett and his companies. That includes civil claims arising from the Third Turtle Development referred to in the report of the Commission of Inquiry, and a separate civil claim arising in relation to Crown land on East Caicos acquired by a company controlled by Padgett.

Under the settlement, Padgett has transferred to the government land valued at approximately US$7 million, and has made a cash contribution of $75,000 to the costs of investigating the claims.

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This takes total land recoveries made by the civil recovery team to 3,058 acres, in addition to $19.6 million in cash paid or to be paid to the government.

Attorney General Huw Shepheard commented: “We are pleased that these disputes have now been settled with the transfer to TCIG of a substantial amount of further land of significant value. This settlement brings to a successful conclusion the civil claims brought in relation to the major developments referred to in the report of the Commission of Inquiry. As reported, other claims and investigations continue to be progressed by the Edwards Wildman civil recovery team.”

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BREAKING NEWS

Former Turks and Caicos Premier Michael Misick Rearrested Again In Brazil

MICHAEL MISICK REARRESTED IN BRAZIL
Former Premier of the Turks and Caicos Islands Michael Misick was re-arrested by Brazilian Federal Police late in the evening of Saturday 13th April 2013 in Sao Paulo, Brazil on the authority Slot Gacor of a Brazilian Supreme Court judgement, according to Governor’s spokesman Neil Smith.

Smith said that on Monday 15th April 2013, the Brazilian Justice Minister issued his decision to refuse Michael Misick’s appeal against a decision not to grant him political https://www.nailsalonhilliard.com/ asylum. The decision was published on Tuesday 16 April in the Brazilian Official Gazette.

Misick was first arrested on 7th https://www.herbalpremium.net/ December 2012 by Brazilian Federal Police acting on a provisional arrest warrant. Arrest was sought by the TCI Special Investigation and Prosecution Team (set up to investigate issues arising from Sir Robin Auld’s 2008-09 Commission of Inquiry).

TCI prosecutors submitted formal extradition papers on Monday 28 January 2013 within the required 60 day time limit from the time of Michael Misick’s arrest. It is hoped that the extradition process can now proceed unhindered.

Smith said in the press release that https://drakortv.org/ Misick faces a number of serious charges relating to corruption and maladministration in TCI during his time in office.

“ It is in the best interests of the TCI that allegations of wrong doing are thoroughly investigated and that Michael Misick returns there as soon as possible to answer these charges. As Michael Misick was born in a British Overseas https://www.tipsgameandroid.com/ Territory, he is, therefore, receiving British Consular Assistance; he was last visited by British consular officials on Monday 15 April in Sao Paulo,” Smith added.

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News

Settlement with Former Minister and Pleading Guilty in Turks and Caicos Corruption Case

20130416-114814.jpg20130416-114825.jpgimage“UPDATE ON SIPT CASES
Published Sun TCI on 15th April 2013

The Special Investigation and Prosecution Team (SIPT) on Monday April 15th dropped all criminal charges against Samuel “Sammy” Been after he reached an agreement with them and the Attorney General’s Chambers to give up a portion of his commercial building, the Sammy Been Plaza, on Airport Road, Providenciales. The value of the settlement is approximately $850,000.
Developer Richard Padgett has agreed to plead guilty to various charges including bribery on May 31st, 2013. Because he is medically unfit to travel to the Turks and Caicos Islands, Padgett will make his plea by way of video link from the Central London Court at 10 a.m. on that date.

SIPT Prosecutor Andrew Mitchell, QC, said if Padgett is sentenced to jail, provision will be made the have him serve his prison term in England and Wales.

The SIPT cases which were heard before Mr. Justice Paul Harrison, have been adjourned until September 16th, 2013.”

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PNP Government in Turks and Caicos Islands

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LONDON DENIES CONSTITUTIONAL POWERS FOR TURKS AND CAICOS ISLANDS

Self-Determination for Falklands but Nowhere Else in the Remaining British Empire

London denies constitutional powers to Afro-Caribbean population in the Turks and Caicos

By Wayne Madsen
Global Research, March 19, 2013
Strategic Culture Foundation 17 March 2013

Britain is loudly proclaiming that the inhabitants of the Falkland Islands, the South Atlantic island group that is hotly contested between Britain and Argentina, voted 99.8 percent to remain an overseas territory of the United Kingdom. British Prime Minister David Cameron publicly rebuked the Argentine government and the new Pope, Francis I, for their support of Argentine sovereignty over the Falklands. As Archbishop of Buenos Aires, Cardinal Jorge Mario Bergoglio supported Argentina’s historical claim to the islands.

If only Mr. Cameron were as dedicated to the wishes of the inhabitants of some of Britain’s other far-flung and nearer –to–home territories as he is toward the “Kelpers,” as the Falkland Islanders call themselves.

In the cases of the Turks and Caicos Islands and Anguilla in the Caribbean, the Tory-Liberal Democratic government in London has rolled back the self-government previously afforded the two island colonies.

The British government imposed direct rule on the Turks and Caicos in 2009, citing misrule and corruption by the island’s then-premier, Michael Misick. Britain appointed a Commission of Inquiry led by Sir Robyn Auld that recommended direct rule of the islands from London through Governor Gordon Wetherell; his successor Ric Todd; Attorney General Huw Shepheard; and Chief Financial Officer Hugh McGarel Groves. The Commission of Inquiry was replaced by a Special Investigation and Prosecution Team (SIPT) that began investigating Turks and Caicos government officials for corruption.

The new Premier, Galmo Williams, declared, “Our country is being invaded and re-colonized by the United Kingdom, dismantling a duly elected government and legislature and replacing it with a one-man dictatorship, akin to that of the old Red China, all in the name of good governance.”

The British neo-colonial government brought criminal charges against a dozen Turks and Caicos official, including five ministers in the Misick government, including Misick himself. The former premier fled to Brazil and was arrested pursuant to an extradition request from Britain. However, the breakdown in relations between London and Latin America over the Falklands issue may have compelled the Brazilian government to release Misick on bail awaiting a final determination on the extradition request.

Last November, an election was held in the Turks and Caicos and the Progressive National Party of former Premier Misick barely eked out a victory in an 8 seat to 7 seat vote for the opposition People’s Democratic Party in the House of Assembly. Dr. Rufus Ewing became Premier and among his first acts was to demand London restore constitutional powers from the abrogated constitution to the elected government and sack the governor, Attorney General, and other appointed officials. Cameron and Foreign and Commonwealth Secretary William Hague have resisted these calls. Essentially, when the white population and government of the Falklands demand something from London, they are heard and the request in positively acted upon. However, when it is an Afro-Caribbean population in the Turks and Caicos that makes a demand, they are ignored. It is the British colonial way.

In a letter to Hague, Ewing wrote that the investigation of the previous Misick government was 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 the cost of the violation of the principles of justice and the human rights of individuals.”

Ewing told a summit of the Caribbean Community (CARICOM) in Port au Prince, Haiti, “We are today being governed by a constitution that was conceived in Whitehall, 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.” Ewing was referring to the 2011 Constitution that afforded the island less rights than the previous Constitution of 2006.

One of the main objectives of the London-appointed government was to impose a tax hike and austerity measures on the Turks and Caicos. Hague rejected Ewing’s request and stated: “We expect the territories to meet the same high standards of good governance and public financial management as in the UK.” That is rich coming from a British government that has been mired in financial and sexual scandal since it came to power. But, again, the rationale in London is based on the fact that when white ministers and Tory and Liberal Democratic MPs are engaged in scandal, it is a minor infraction, but when a government composed of people of color are accused of scandal, an unconstitutional, anti-democratic, neo-colonialist sacking of the entire government ensues.

It is clear that the Turks and Caicos wants to join its fellow CARICOM partners as an independent nation but London has thrown in a number of obstacles to full sovereignty. The Turks and Caicos are not alone in having neo-colonialism imposed on them from the halls of power along the banks of the Thames.

Britain, working with France, the Netherlands, the United States, Morocco, New Zealand, Canada, Israel, and Australia, has sought to diminish the role of the United Nations’ Special Committee on Decolonization in speeding independence for the 16 Non-Self-Governing Territories recognized by the committee, which includes the Turks and Caicos and another Caribbean island where Britain has re-stamped its colonial imprimatur, Anguilla.

In the 1960s, Anguilla declared unilateral independence from the Federation of St. Kitts-Nevis-Anguilla because it wanted to retain its ties to Britain and not shed them in favor of a colonial status within a West Indies mini-federation. However, after some forty years, things have started to change on the island. Britain, instead of allowing Anguilla more self-government under Anguilla Constitutional Order 1 April 1982, amended in 1990, has reversed course and started to retain and retake more powers for itself. This has resulted in more Anguillans bringing up the independence option decades after the Anguillan Revolutions of 1967 and 1969.

Britain is trying to eliminate a provision in the Anguillan Constitution that provides for an option of independence. It is clear that Britain is trying to do to Anguilla what the Netherlands did to the three small Caribbean island territories of Bonaire, Saba, and Saint Eustatius after the dissolution of the self-governing Netherlands Antilles, make Anguilla part of Britain and incorporate it into the United Kingdom and European Union. The Netherlands incorporated its three territories as municipalities of the Netherlands in a move that was not clearly explained to the residents of the islands.

Last year, Anguillan Chief Minister Hubert Hughes told the UN that his government “decided that the Anguilla people will have to decide whether they want to stay in slavery or go on to freedom.”

As with the Turks and Caicos, Britain has imposed economy-crippling austerity on Anguilla using the pretext that the island is rife with financial corruption.

As bad as the Turks and Caicos islanders and Anguillans are in being re-colonized by Britain, no people have suffered more than the Ilois of the Chagos Archipelago in the Indian Ocean. In the 1960s, they were removed by Britain against their wishes and relocated to Mauritius where they live in squalor. Britain removed the islanders to make way for a U.S. nuclear weapons, intelligence, and, more recently, a gulag for detainees, on the island of Diego Garcia.

So, while Mr. Cameron lectures the Pope and Argentina on respecting the wishes of the Falkland Islanders, he continues to run roughshod over the wishes of the peoples of the Turks and Caicos, Anguilla, the Chagos Archipelago, and even those closer to home in the Channel Islands and Isle of Man, who would opt for independence if not for the heavy jackboot of British colonial rule…

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CRITICISM OF TURKS AND CAICOS ATTORNEY GENERAL

More criticism of Turks and Caicos AG after election flip-flop
Published on March 18, 2013 ,Caribbean News Now

The acting attorney general tried to withdraw out of time election challenges against five sitting members of the TCI House of Assembly: (L-R) George Lightbourne (PNP); Edwin Astwood (PDM); Derek Taylor (PDM); Josephine Connolly (PDM); and Delroy Williams (PDM)

By Caribbean News Now contributor

PROVIDENCIALES, Turks and Caicos Islands — Acting Attorney General Rhondalee Braithwaite-Knowles has come in for even more criticism following her unexpected decision on Saturday to attempt to withdraw her election challenges to five sitting members of the Turks and Caicos Islands (TCI) House of Assembly.

On Friday, March 9, Braithwaite-Knowles had filed a total of six challenges based on late or inadequate filing of notices with the Integrity Commission of interests in government contracts. Only one of such challenges was brought within the statutory five-day time limit – that against Amanda Misick, Progressive National Party (PNP) candidate in the Cheshire Hall/Richmond Hill by-election.

On Thursday and Friday, Braithwaite-Knowles argued before Chief Justice Edwin Goldsbrough in the Supreme Court in Grand Turk that Misick was disqualified from election as a result of her late filing of a required declaration of interests in government contracts.

However, the chief justice ruled against the acting attorney general in the Misick matter on Friday, thus allowing the by-election to go ahead as planned.

Out of time challenges by the acting attorney general against five sitting members of the House of Assembly: George Lightbourne (PNP); Edwin Astwood (PDM); Derek Taylor (PDM); Josephine Connolly (PDM); and Delroy Williams (PDM) for their alleged failure to disclose government contracts prior to the general elections in November last year were heard on Saturday, at which point Braithwaite-Knowles attempted to withdraw her applications.

However, in denying this request, the chief justice indicated that there were serious issues of law to be determined, which he needed to study in depth, and accordingly adjourned the case until April 9.

Braithwaite-Knowles’ overall conduct of the matter and the ongoing leakage of what should have been confidential information from the Attorney General’s Chambers prior to her filing the relevant applications with the court had already resulted in allegations of partisanship and of intentionally destabilising the TCI.

Braithwaite-Knowles is well known for her support of the PNP and a personal friendship with Premier Rufus Ewing, and her actions against predominantly Peoples Democratic Movement (PDM) members of the Assembly fuelled this controversy.

Following the acting attorney general’s surprise decision on Saturday, a local weblog known to support the PNP has accused the Attorney General’s Chambers of “causing public alarm and attempting to destabilise the Turks and Caicos Islands.”

The cases in question stem from what seems to be varying interpretations of the exact nature of conditional Crown land leases and the resulting freehold title – whether they are an open contract with the government or a simple asset – something that was not made clear in instructions to the political parties by the Integrity Commission.

However, such Crown land leases appear never to have been treated as a binding contract by the government. In many reported cases, the agreed pricing contained in the lease was thrown out by the former PNP administration and local leaseholders were forced to pay a much higher price for the land than that specified. In some cases, leaseholders abandoned the leases and gave up the monies already paid down on the conditional lease. Many in the TCI therefore believe the leases are agreements subject to change by the government and are not binding contracts.

The new reporting requirement, albeit arguable in scope, resulted from the manipulation of the sale of Crown land by members and supporters of the PNP prior to the August 2009 imposition of direct rule by Britain. In what were called “land flips”, the PNP government ministers, relatives and supporters were alleged to have had parcels of Crown land appraised at a low value, then purchased the land for belonger discounts of as much as 75 percent and then within days resold the land for much higher prices to pre-arranged buyers.

A number of criminal charges of fraud and corruption laid against 12 former PNP ministers, their family members and others relate to this practice of land flipping.

However, according to Premier Ewing, the prosecutions, which are due to go to trial next month, are “a farce.”

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Dellis Cay Groundbreaking June 2008

Dellis Cay Groundbreaking in June 2008.
Please click on the link and watch the video.

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