Life of Cem Kinay,Developer and owner of Dellis Cay in Turks and Caicos Islands
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Response to Duty Concession for West Caicos
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!
Published in TCI Post on 01st of February
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
Posted by john Glasgow on Feb 1 2013.
The Turks and Caicos Islands Government (TCIG), through Attorney General Huw Shepheard, has reached a “confidential settlement” with Russian billionaire and Salt Cay developer Mario Hoffman, who was once at the centre of corruption allegations following the Sir Robin Auld Commission of Inquiry.
A press release from the Attorney General said that after several years of claims and counterclaims, they have settled all current claims and proceedings between his office and Hoffman.
Shepheard stated: “The terms of the settlement are confidential, but the parties have agreed to make public all significant terms. Mr Hoffmann and the Development Companies have transferred all the lands on Salt Cay which they own or lease to TCIG, totaling some 1,506 acres; Mr Hoffmann and the Development Companies have made a contribution to TCIG’s costs; Mr Hoffmann has surrendered his Belongership and neither Mr Hoffmann nor the Development Companies admitted any wrongdoing or civil or criminal liability when entering into the settlement.”
Shepheard added: “We are pleased that these disputes have now been settled, and in consequence that the position of Salt Cay is now secured with the transfer of all the respective lands on Salt Cay to the Government. The Government will be undertaking a broad consultation as to the future of Salt Cay.”
Hoffmann, a wealthy Slovakian businessman, is, indirectly, the owner of over 90% of Postova Banka, a regulated Slovakian retail bank, and is the Chairman of its supervisory board of directors.
Since 1997 he has been a frequent visitor to TCI, having built a house here and spending 2 to 3 months here every year. Since 2000 he has been pursuing a project to develop the island of Salt Cay through a company called DEVCO. To that end he has steadily acquired land on this island from the Government of TCI. Another Slovakian bank, J & T Banka, is a partner in this project. An important part of the project is the creation of a golf course.
The TCI Government, under the leadership of its premier, the Hon Michael Misick, granted to DEVCO the land on which the golf course was to be built, on a 99 year lease at a “peppercorn” rent. In August 2006 Salt Cay Golf Club was incorporated as the company that would own and run the golf club. 50% of the shares in this company were held by Mr Hoffmann’s Cyprus based holding company.
The other 50% were given to a holding company of which Mr Chal Misick, a brother of the Premier, was the owner. In the following year, 2007, the Hon Michael Misick successfully applied to J & T Banka for a loan, made to himself and his then wife LisaRaye McCoy, of US$ 6 million. Mr Chal Misick provided, and J & T Banka accepted, his 50% shareholding in Salt Cay Golf Club as security for this loan.
Former Premier Misick, who is wanted for questioning by the SIPT, is presently living in political asylum in an unknown country. It is unclear if, as a result of the settlement with Hoffman, the allegations against Misick and his brother Chal, will still stand.
Last week, the AG also dropped criminal corruption charges against billionaire developer Jak Civre, who was charged by the Helen Garlick-led Special Investigation and Prosecution Team (SIPT) with bribery in connection with the construction of the Seven Stars project. Those charges were dropped, purportedly because of his health and age, but after Civre paid close to US$5million to the Turks and Caicos Islands Government as part of a civil recovery settlement.
Meantime, the Government press release quoted Hoffmann as saying: “We have at all times maintained our innocence with respect to all allegations of misconduct and corruption made against us and determined that it was most convenient and expedient to enter into the settlement rather than continue on with the disputes in relation to Salt Cay. We are pleased to put these disputes behind us. We have maintained our innocence at all times and continue to think that our project for Salt Cay was a good one for the people of Salt Cay and the Turks and Caicos Islands. After litigating these issues for several years, in light of all mutual claims we felt it best to settle these disputes now and move forward with our other businesses. We thank the people of Salt Cay for their trust and confidence in us.”
In his final report, Commissioner of Inquiry Sir Robin stated: “There is, in my view, information and evidence before the Commission suggestive of the involvement of the Hon Michael Misick in corrupt dealings in relation to the Government’s transactions with Mario Hoffmann on behalf of DEVCO and of Chal Misick’s knowing assistance and complicity in it. Whatever the value and worth of the Salt Cay development as a whole, the Commission is unable to accept the account of Mr Hoffmann in relation to the appointment of Mr Chal Misick as a partner in the project.”
Sir Robin Auld also wrote: “I find that there is information of possibly corrupt and/or otherwise seriously dishonest involvement, including misfeasance in public office, of the Hon Michael Misick in relation to the Government’s transactions with Mario Hoffmann of DEVCO for the development of Salt Cay:
1) in respect of his participation in that development with Chal Misick’s knowing assistance and complicity in it, as described above;
2) in the potential abuse of his public office by accepting lavish and disproportionate hospitality from Mario Hoffmann, including the use of private aircraft, the provision of international flights and other hospitality in the course of developing business relations between DEVCO and the Government;
and 3) in potential abuse of his public office by seeking and accepting a loan of $6 million from J&T Banka when that Bank, on its own account, was in negotiation with the Government over funding and participation in the development of Salt Cay. I, therefore, recommend criminal investigation by the police or others of the possibility of corruption and/or other serious dishonesty, including misfeasance in public office, in relation to the Hon Michael Misick in respect of those matters.”
* Posted on July 17, 2012
Hon.Governor Wetherell on the day of signing DA of Joe Grant together with Michel Neutelings,Director of Joe Grant companies and Deputy AG
7nov2008- Joe Grant Cay Development Agreement
JOE GRANT CAY – Development agreement final execution 071108
I have no info,where now Hon.Governor Wetherell is living.He is most possible enjoying the immunity for his doings in Turks and Caicos Islands and most probably ,he is aware which lives he already destroyed through his doings,when he was Governor in Turks and Caicos Islands.
I can only hope,that he is reading this article too
During his years he was only seen,when he was in TCI TV’s.He was never feeling as a part of TCI community .
TCI People will never forget him,because he brought TCI in the most difficult times of the history.
TCI is still after 3 years looking to go back in democracy .
He is responsible for economical disaster in the history of TCI too.
In compare to Hon.Wetherell ,Hon.Governor Todd is pushing back the business in TCI and trying to support every new investor,coming in the country to start with the projects again,which were held during time of Wetherell.
Hon.Governor Wetherell acted unlawful and unfair in the case of Cem Kinay.The courts in Tci already decided this in June 2009.He published unlawful the Commission of Inquiry Report in July 2009 and caused through the allegations the halt of the project.
The same Hon.Wetherell approved and signed the Development Agreement of Joe Grant in November 2008!!
Now I will be accused for possible bribe to Premier Misick for an agreement which has been signed and approved by Hon.Wetherell.
Very strange story.
I invited Hon.Gov.Todd to publish all DA ‘s in TCI in the last 20 years.He can still do it.
I am now publishing the DA of Joe Grant approved and signed by Governor Wetherell in November 2008.
God bless
Dr.Cem Kinay
one of the victims of Hon.Gov.Wetherell
Democracy is in danger in Turks and Caicos Islands.
In August 2009 Hon.Governor Whetherell brought into force an Order in Council suspending TCI constitution.House of Assembly was dissolved and all representative seats vacated.
Amongst the astounding changes was that the basic right in the European Declaration of Human Rights to a Trial by JURY was also suspended
The sole political power is now Governors,appointed by UK Government.
I have been made a victim of politics of Turks and Caicos.In English law,the saying is that “justice must not only be done,but it must be seen to be done”.
Dr.Cem Kinay
Link: 31July2005- Dellis Cay – Development Agreement signed
Between Dr.Cem Kinay nd Hon.Governor Tauware on 31th July 2005.
Please compare both Development Agreements signed for Dellis Cay ,DA from 1997,before I purchased Dellis Cay in 1997
and 2005,when I purchased Dellis Cay.
I am asking again Hon.Governor Todd to publish all DA’s in the last 20 years for TCI People.
I am asking Helen Garlick to extend their investigations for all DA’s and political donations in this country.
The TCI people has the right to know the TRUTH’s.
God Bless.
Dr.Cem Kinay
Developer of Dellis Cay Turks and Caicos Islands.