libya | TurksJournal

n July 2008 The Governor of Turks and Caicos – representing the UK Government – appointed a Commission to conduct an Inquiry into “possible corruption or other dishonesty” in Turks and Caicos Government with Premier Michael Misick and his ministers.

Hearings were held – presided over by His Lordship, Mr. Justice Sir Robin Auld – in January of 2009, concluding in February of the same year.

In August 2009, His Excellency, then the Governor of the Turks and Caicos islands, Gordon Wetherell brought into force an Order in Council suspending portions of the Turks and Caicos Islands Constitution. Under this move Ministerial Government, and the House of Assembly – which is the only means of representing the people – was dissolved and all representative seats were vacated, with the promise of elections in 24 months. Amongst the astounding changes was that the basic right in the European Declaration of Human Rights to a Trial by Jury was also suspended, and confirmed recently by law. The sole political power in the Turks and Caicos Islands is now the Governor, appointed by the British government. He has appointed an Advisory Council and a Consultative Forum. However, as the appointment documents make clear, the Governor has no obligation to follow or regard their recommendations. This undemocratic move, which is totally inconsistent with Article I of the United Nation’s Charter on the Right to Self-Determination, is still the case in Turks and Caicos, and still, now nearly 3 years later.

My involvement in the Turks and Caicos dates from early 2005. In June of that year we purchased a private island called Dellis Cay, to develop a USD$1 billion project with the Mandarin Oriental Hotel and villas with world famous architects – including Zaha Hadid, David Chipperfield, Kengo Kuma, Shigeru Ban, Piero Lissoni and Carl Ettenspenger. The development proceeded in an unremarkable fashion, with usual succession of planning permits, from the start construction date of June 2008 to October 2009. A mixture of funds from my own resources, sales of residential units and loans from the Trinidad & Tobago Unit Trust Corporation funded the development.

In June of 2008, we bought a second island, Joe Grant Cay, from the Crown (The government of Turks and Caicos), presented the deal structure to the British Governor of Turks and Caicos – who was then His Excellency Richard Tauwhare – with the development agreement signed in November of 2008 by the new Governor, His Excellency Gordon Wetherell, with the objective of developing a resort with Bulgari Hotel and Villas.

In January 2009, in the course of hearings by the Commission of Inquiry, the Premier of Turks and Caicos disclosed political contributions by several businessperson and companies toward his party’s elections, two years before, in 2007. He disclosed a political contribution made by our company as well; which is normal all over the world, including in Britain.

Neither the Inquiry, nor the Judge, nor the Governor made any request of me or my representatives to provide answers about these contributions. Yet, our actions were remarked upon adversely in the Commission’s report.

In June 2009, we asked the High Court of Turks and Caicos Islands to undertake a Judicial Review of the Final Report of the Commission of Inquiry, with the result that the Supreme Court called for the removal of any and all adverse references to my or our companies. In his ruling the Chief Justice agreed with us, that there was a “Clear and almost total failure by the Commission to follow its own procedures”. His Lordship stated further that I had not been given a fair hearing, and said that if any adverse statements were included in the Final Report, they should not be published.

It must be understood that even though this court is in Turks and Caicos, it is an English court, applying English law and procedures. Yet, four (4) weeks later, in July of 2009, the Final Report was published, with text unredacted, so that the adverse statements made about me and my companies, which were judged to have been unfair and unlawful, were made public; even after the Chief Justice ruled they should not be published.

Despite my attempts to cooperate and assist the lending bank for our projects to understand the issues relating to the Commission of Inquiry and their unlawful published reports, it was no longer possible to avoid the entrance into Receivership of the Dellis Cay project in favour of the Trinidad and Tobago Unit Trust Corporation in October 2009.

This failure of the Commission to follow the law has therefore done me harm because I provided personal guarantee to the Trinidad and Tobago Unit Trust Corporation.

Since that time – January 2010 – the bank has obtained a worldwide freezing order against me. The Attorney General of Turks and Caicos issued a Writ and Statement of Claim regarding Joe Grant Cay in July 2010.

I have appealed both actions.

After three (3) years, in October 2011, I was finally able to explain my side of the allegations of bribery for the political contributions above. In the meantime, my assets in Dellis Cay and the assets of buyers in that development have been destroyed; even though I have never bribed anyone in Turks and Caicos, or anywhere else.

Now after 10 months of this voluntary statement in Istanbul the Prosecution Team (SIPT) obtained an arrest warrant and a Red Notice through Interpol.

I am innocent.I did not received any benefits for any of my political donations.

I have been made a victim of the 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”. I speak now to warn that this is not the case in Turks and Caicos and to say that human rights, and property rights, democracy and justice are under threat in Turks and Caicos.

Dr Kinay practiced medicine at the General Hospital of Vienna in Austria. He received his PhD from the University of Vienna Medical School in 1984. He is a Turkish and Austrian Citizen, Belonger of Turks and Caicos Islands. In 1987, Magister Oguz Serim, his other Austrian citizen partner, and Dr Kinay set up a tour operator by the name of Gulet Touristik, the largest tour operator in Austria. In 1990, they founded the Magic Life Group. Magic Life owned and managed luxury properties in Turkey, Greece, Tunisia, Spain, Egypt and Bulgaria. In 1997,they established a further tour operator, Gulet Touropa Touristik. In 2004, they sold Magic Life and Gulet Touristik to the German tour operator TUI AG, one of the world’s largest tour operators.
Dr Kinay is widely recognized for his contributions to the travel industry, In 1996 he was lauded as Austria’s “Tourism Manager of the Year” and in 1997, as “Man of the Year” and Finally on 2007, he has been honored with “State Medal Of Austria”.

Mr Henry Bellingham

INDEPENDENCE for the Turks and Caicos Islands is up to the people, according to Parliamentary Under Secretary of State at the Foreign and Commonwealth Office (FCO), Mr Henry Bellingham.

There has been much talk about an independent TCI by local politicians and Progressive National Party (PNP) leader, Dr Rufus Ewing, last week confirmed that independence will be a part of his platform going forward.

An independent TCI is appealing for many TC Islanders who are disgruntled with the Brits after three years of interim administration rule.

Bellingham, in an interview with the Weekly News, acknowledged the people’s sense of dissatisfaction, but noted that the decisions made by the interim administration were in the interests of a better TCI in the long-term.

“We have had to make some tough decision so I can understand the interim administration was somewhat unpopular,” he said.

The Under Secretary noted that these decisions are what will allow the new TCI Government to take over a very strong position, with a reformed public service, a budget surplus and a new constitution.

ESTABLISHED ROUTE
He said the new constitution sets out clearly what needs to be done if the TCI people decide they want to be an independent nation.

“There is a well-established framework in the constitution for the TCI people to have self-determination,” Bellingham said.

However, he stressed the need for decision makers to be realistic.

He said, “It will have to be a transition to have home rule, we have elections coming up and that is one step toward what is looking to be a bright future for the TCI.”

The Under Secretary added that the United Kingdom government in their White Paper, which will be published shortly, shows commitment to its territories.

Bellingham said, “We will invest in our territories to make our partnership a true reality.

“We want to give the territories a bankable proposition, for example, so that when they go into the capital markets they have all the support, partnership and protection they need.

“We believe that the Overseas Territories benefit a great deal from the UK, it is a mutually beneficial partnership.

“But we also make it clear in the White Paper that the future of the people is in their own hands and so we believe in self-determination, we are not neutral on this.”

According to him, once there is a majority vote in Parliament, a referendum will follow and independence will be granted to the TCI because it is the wish of the people.

He said, “It is very simple, the people of the TCI, if they want independence it is up to them, self-determination means exactly that.”

CHECKS AND BALANCE
Until then, Bellingham maintained that there will be some checks and balances in place to support good governance and accountability, for example with the Chief Financial Officer (CFO) ordinance.

Having a CFO appointed by the UK was one of the conditions set by the UK government in the provision of the $260m loan guarantee, which was agreed on in 2010.

Without the guarantee, it would not have been possible for TCIG to access the funding it needed to function and to provide public services.

The agreement allows for the CFO to be retained for as long as any UK loan guarantee is in force – currently up to 2016.

The Under Secretary said once the loan is repaid and the guarantee is no longer needed a UK appointed CFO will no longer be a condition, a fact corroborated by the current CFO, Mr Hugh McGarel-Groves.

Bellingham said, “Working together we can achieve a great deal…the future is very bright for the TCI.”

Asked if the UK wanted to retain control of not only the TCI, but also the five other British Overseas Territories in the Caribbean, he reiterated that the UK supports self-determination.

Along with the TCI, the other Overseas Territories include Anguilla, Bermuda, British Virgin Islands, Cayman Islands and Montserrat.

Bellingham stressed that the future of the people is in their own hands.

NOT READY
Retired politician and former PNP Leader, Mr Daniel Malcolm, maintained that this is a future that the TCI is not ready for.

“Self-determination is where the government and the people of TCI, and other territories like us, make advances toward greater political, social and cultural determination or say within the framework of their own situation,” he said.

Malcolm contended that the Turks and Caicos Islands is much too young for independence, but noted that achieving a measure of self-determination is a move in the right direction.

He said, “We are at least 10 years away from being ready for independence…we must develop our country and our people so that when we move to independence we will do so from a position of strength.”

According to him, the ultimate goal of decolonisation is independence, but there are other options that can be looked at on that road, such route taken by Bermuda.

Bermuda is a self-governing British overseas territory in the western North Atlantic Ocean.

The original system of government was created under the Virginia Company, which colonised Bermuda, accidentally in 1609, and deliberately from 1612.

The country’s 1968 Constitution provided the island with formal responsibility for internal self-government, while the British Government retained responsibility for external affairs, defence, and security.

The Bermudian Government is always consulted on any international negotiations affecting the territory.

Legislative power is vested in both the government and the Parliament.

Currently, most of the Overseas Territories have a House of Assembly, Legislative Assembly (Cayman Islands), or Legislative Council (Montserrat) with political parties.

The Executive Council is usually called a cabinet and is led by a Premier or a Chief Minister (in Anguilla), who is the leader of the majority party in parliament.

The Governor exercises less power over local affairs and deals mostly with foreign affairs and economic issues, while the elected government controls most ‘domestic’ concerns.

Malcolm maintained that the road ahead will be a long one, but with the right expertise and strategic moves, the TCI will be in a position of strength when the time comes for it to take its place as a nation independent of the UK.(Vanessa Narine)

published in Turks and Caicos Weekly News