STATEMENT BY PREMIER HON. DR RUFUS EWING ON ATTORNEY GENERAL’S CHALLENGES TO SIX SEATS IN THE HOUSE OF ASSEMBLY
The Attorney General of the Turks and Caicos Islands is duly authorized to and has issued proceedings in the Supreme Court of the Turks and Caicos Islands under section 53(2) of the Constitution, challenging the veracity of the declarations of five elected members of the House of Assembly, namely Hon. Derek Taylor, Hon. Josephine Connelly, Hon. George Lightbourne, Hon. Delroy Williams and Hon. Edwin Astwood for failing to declare their interests in freehold property with a subsisting Crown charge.
If these charges are proven, then according to the statement issued by the Acting Attorney General, these elected persons will be disqualified and By-elections will have to be held for each of the vacated seats.
The Acting Attorney General has similarly filed against Ms. Amanda Missick for failing on or before nomination day, to declare her interest in freehold property with a Crown charge, as required by section 49(1)(f) of the constitution.
Proceedings have also been issued against Mr. Oral Selver by a registered voter in the Cheshire Hall/Richmond Hill Constituency, for his failure on or before nomination day, to declare his interest in a Lease hold property, as required by section 49(1)(f) of the constitution.
If either of Ms. Amanda Missick or Mr. Oral Selver is found in violation of section 49(1)(f )of the Constitution, then that person would be disqualified from being nominated and the remaining candidate would run unopposed. If both Ms. Misick and Mr. Selver are found to be in violation then both would be disqualified, and a new By-election date would have to be set. If neither is disqualified, then the By-election would proceed as planned on March 22.
The case against Ms. Missick, along with that against Mr. Selver and all other members of the House of Assembly will be heard this week.
It is unfortunate that we have found ourselves at this point when our country, political parties and candidates can ill afford the exorbitant cost associated with elections, campaigning, and court hearings. We can call these teething pains of a new Constitution and electoral system or perhaps it is the manifestation of poorly drafted laws, which in many instances are in conflict with each other. There was also an obvious lack of oversight on the part of the Integrity Commission, Elections Office and Political Parties, which might have otherwise have prevented this situation from arising.
At this time, I am calling on the Attorney General Chambers, Integrity Commission, Elections Office, Political parties and Judiciary to work diligently and all together to expeditiously resolve these issues, and to once and for all put mechanisms in place to prevent them from happening in the future. It is past time for us as a country to move beyond politics and focus instead on the business of the restoration of democracy, political stability, economic recovery and nation building.
The Attorney General vs Ms. Amanda Missick
The Acting Attorney General of the Turks and Caicos Islands has filed in the supreme court against Ms. Amanda Missick stating the following:
“Following receipt of copies of the section 49(1)(f) Notices and related correspondence supplied to me by the TCI Integrity Commission and having caused background research to be undertaken in the Lands Division of the Chambers, I have come to the conclusion that I should act under section 50(3) of the Constitution, and today a challenge to the veracity of the declaration made by Ms. Amanda Missick, PNP candidate for the upcoming by-election in the Cheshire Hall and Richmond Hill Electoral District on 22 March 2013 has been filed before the Supreme Court.
FACT: It is a fact that Ms. Amanda Missick has a property 60804/138 with a TCIG belonger discount charge (see exhibit A)
According to the Integrity Commission and the Attorney General such a charge is considered to be a contract with Government and the Candidate shall to give NOTICE to the Integrity Commission on or before Nomination Day, in accordance with Section 49 (1)f of the TCI Constitution.
Disputable: It is disputable whether someone who has a Crown freehold property with a subsistent belonger discount charge (having had the property for less than 10 years after obtaining freehold title), is considered as having a contract with Government.
FACT: If a potential Candidate does not comply with Section 49 (1)f of the TCI Constitution 2011 he /she shall not be qualified to be an elected member of the House of Assembly. It states: 49.—(1) No person shall be qualified to be an elected member of the House of Assembly who, on the date of his or her nomination for election: (f) is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government and has not, by that date, disclosed in a notice to the Integrity Commission the nature of such contract and his or her interest, or the interest of such firm or company, in it;
FACT: The Constitution does not give a defined time period prior to Nomination Day during which such notice of contract with Government should be made. It simply states that such contracts should be “by that date (NOMINATION DAY), disclosed in a notice to the Integrity Commission the nature of such contract and his or her interest, or the interest of such firm or company, in it”
FACT: There is no prescribed form for giving such notice of contract with Government to the Integrity Commission. It simply says “disclosure in notice to the Integrity Commission”. This fact is also supported by the varied instruments of submission used by other elected members of the House of Assembly during the 2012 nomination process, who have made declarations under section 49 (1)f. Some used emailed submission, some used written hand delivered letters and some could have even called in.
Amanda-Lease Cancellation
THEREFORE:
FACT: Ms Amanda Missick made a Declaration to the Integrity Commission in on Oct 24, 2012 and this was publicized by the Integrity Commission in a Contracts Notice Register (see exhibit B). This declaration should have satisfied the condition under Section 49 (1)f of the Constitution, for nomination in the By-election, since such the notice is not time bound prior to nomination day and there is no legal requirement to make another declaration to the Integrity Commission unless there is additional information to be declare or remove, which is not the case with Ms. Missick.
Conclusion: Ms. Amanda Missick should not be disqualified. She did declare her interest to the Integrity Commission on time as she did so on October 24, 2012 and again on February 15, 2013, on a form used for members of the House of Assembly to declare their registrable Interest (including contracts with Government) which is a public document.
Also if the Judge rules that Crown freehold land with subsistent belonger discount charge is NOT contract with Government, then Ms. Missick would have had nothing to declare and should not be disqualified.
Furthermore:
If it is determined by the Courts that Crown Freehold title with subsistent belonger discount charge is a contract with Government, this should not affect Ms Missick as she made declaration of such contract on October 24, 2012 and again on February 15, 2013.
I rest my case and the learned Judge should see it likewise.
So I am encouraging all PNPs to Stay the Course!
Cheshire Hall Voter (Plaintiff) Vs Oral Selver
Oral Leasehold
A Cheshire Hall Voter filed in the Courts on March 8, 2013 against Isaac Oral Selver on the grounds that he failed to comply with the provisions of Section 49(1)f of the TCI Constitution.
It has been discovered that Mr. Oral Selver is the Leasee of Crown land 50206/1/1 – North Caicos (2.5 acres) which was issued on 12.11.2004 for a period of 3 years. Mr. Selver failed to pay his lease and in April 2011, he wrote to the PS of the Lands Department to have his lease extended. His letter was acknowledged in April 2011, and he was given conditions upon which the lease would be extended. The conditions included obtaining a building permit which he had, as stated in his reply letter and payment of arrears on the lease. Mr. Selver accepted the Offer and paid the arrears on the Property on December 24, 2012 (shortly after 2012 general elections).
Oral Lease Payment
The Plaintiff is of the view that Mr. Selver had a contract with Government on nomination day 2012 (October 25, 2012) and did not declare this interest at that time as required by Section 49(1)f of the constitution.
The Plaintiff is also of the view that Mr. Oral Selver still has a contract with Government i.e. the lease on property 50206/1/1 as he has accepted the conditional offer to extend the lease and is actively engaged with the Lands Department to retain the lease, which still remains in his name on the Lands register (see exhibit). Also of note is that the application procedure by the Lands Department for the termination of the lease has not been done. This procedure was use in the termination of a Conditional Purchase Lease (CPL) owned by Ms Amanda Missick, on property 60400/277 –Chalk Sound. Ms. Missick obtained the CPL around the same time as Mr Selver in 2004 and was denied extension without hesitation, that culminated in the cancellation of her lease on March 22, 2010.
Therefore:
We conclude that Mr Oral Selver failed to declare his contract with Government by nomination days October 25, 2012 and March 1, 2013 and should be disqualified under Section 49 (1)f.
The Attorney General
Vs
George Lightbourne
Hugh Derek Taylor
Josephine Connelly
Edwin Astwood
Vaden Delroy Williams
The Acting Attorney General is challenging the defendants listed, under section 53(2) of the constitution “An application to the Supreme Court for the determination of any question under subsection (1) may be made by the Attorney General or by any person who is a registered elector; and an application for the determination of any question under subsection (1)(b) may also be made by any member of the House of Assembly” It has been determined that the defendants have not filed all of their contracts (Crown freehold property with subsistent belonger discount charge) with Government and should be disqualified.
Contracts Notice Register – General Elections_001 Copy
The question for the Judge to rule on in this case is whether Crown freehold land with subsistent belonger discount charge is a contract with Government. If the Judge rule that it is then all of the elected members listed above will be disqualified and cease being members of the House of Assembly.
The next question to be determined by (Judge or AG?) is how should the vacated 5 seats in the House of Assembly be filled?
I am of the view that:
A constituency in the 2012 election, which had more than 2 candidates contesting but returning only 1 member to the House of Assembly (eg Wheeland), should go to a By-election if the elected member is disqualified.
A constituency in the 2012 election, which had only 2 candidates contesting and returning only 1 member to the House of Assembly (eg Grand Turk North or Grand Turk South), that the seat should be turned over to the other candidate upon disqualification of the elected candidate. If the non-elected Candidate is unavailable then the seat should go to a By-election.
A constituency in the 2012 election, which had more than 2 candidates contesting but returning more than 1 member to the House of Assembly (eg All-Islands Constituency), that the vacated seats due to disqualifications should be filled using the non-elected candidates based on the next highest number of votes and availability.
The British has indeed made a mockery of our democracy and the judicial system has fallen victim to the poorly drafted and ill-conceived laws enacted by the British, including of 2011 Constitution which is top of the list.
This is indeed a time for the PNP and PDM to come together and form a coalition Government and to fast track this country towards independence. I firmly believe that it is our people as opposed to our leaders and elected officials that are against unity and coalition in preference of the euphoria of partisan politics. It is however, our leaders who must make that bold decisions and lead the people in the direction of a united front in the best interest of the Turks and Caicos Islands.
MEDIA STATEMENT BY ACTING ATTORNEY GENERAL RHONDALEE BRAITHWAITE-KNOWLES ON CHALLENGES AGAINST MEMBERS OF PARLIAMENT
“Separate and apart from the confidential declaration required to made to the Integrity Commission under the Integrity Commission Ordinance by a person in public life, the Constitution requires a candidate for election, on nomination day to make a declaration that he or she is qualified for election and that no disqualification mentioned in section 49(1) of the Constitution applies to him or her. In addition, section 49(1)(f) of the Constitution requires such a candidate to notify the Integrity Commission, prior to nomination day, of the existence of any contract between that candidate and the Government. Failure to so notify the Integrity Commission would result in a candidate being disqualified to stand in an election.
“Following receipt of copies of the section 49(1)(f) Notices and related correspondence supplied to me by the TCI Integrity Commission and having caused background research to be undertaken in the Lands Division of the Chambers, I have come to the conclusion that I should act under section 50(3) of the Constitution, and today a challenge to the veracity of the declaration made by Ms. Amanda Missick, PNP candidate for the upcoming by-election in the Cheshire Hall and Richmond Hill Electoral District on 22 March 2013 has been filed before the Supreme Court.
“On the basis of the background research undertaken I have also come to the conclusion that the election of certain sitting members of the House of Assembly should be challenged under section 53(2) of the Constitution. In that regard, challenges have also been filed today before the Supreme Court challenging the elections of Mr George Lightbourne elected member in the House of Assembly for the Grand Turk North Electoral District; Mr. Edwin Astwood elected member in the House of Assembly for the Grand Turk, South Electoral District; Mr. Derek Taylor member in the House of Assembly for the All Islands Electoral District; Mrs. Josephine Connolly elected member in the House of Assembly for the All Islands Electoral District and Delroy Williams elected member in the House of Assembly for the Wheeland Electoral District.
“The basis of each of these challenges is that when each of the individuals made their section 50(1) Nomination Day declaration to the Supervisor of Elections for the 9th November 2012 General Election and the upcoming 22nd March 2013 by-election, a disqualification mentioned in section 49(1)(f) applied to each them in that each of them has a contract with the Government which, by that date, they had not given notice of to the Integrity Commission, as required by section 49(1)(f) of the Constitution. The type of contract in each case is a charge to secure the payment to the Crown of a “Belonger Discount” (applicable under the Crown Land Policy) in the event of a sale in prescribed circumstances.
“I have asked the Court to determine whether in each case, the individual is or is not qualified to be an elected member of the House considering the failure to give notice of the respective charges.
“The Constitution provides for a process for challenge in each of these cases in the public interest. If the Court determines that each member is disqualified then,
a) In the case of Ms. Missick, she will not be able to stand for election on 22nd March and the sole remaining candidate will be declared elected;
b) In the case of the members of the House of Assembly, their seats will be vacated and a by-election will have to be called. A decision on their disqualification would not prevent them from standing in a subsequent by-election called as a result.
Press Statement from Leader of the PDM,Sharlene Cartwright-Robinson on VAT and Other Pressing Issues
Published in TCI Post on 27th February 2013
PRESS STATEMENT
Delivered by Party Leader and Leader of the Opposition
VALUE ADDED TAX
I am pleased at the response to this letter.
Whilst we celebrate we are cognizant of the fact that the Repeal Bill has not been assented to and we deem it important for the people of this country to understand the victory we celebrate and what remains on the Table.
Minister Simmonds’ letter of January 14, 2013 flat out said no to the PNP Government’s request for a delay. Together as a unit on a national issue of grave importance, we now have some breathing room/ the delay (as it were) originally sought by the PNP Government. This we celebrate.
The ball is now in the PNP Government’s hand to meet the conditions set out so that VAT can stop lurking in the shadows. I had expected that the Government in submitting its last letter to Minister Simmonds would have prepared the required Fiscal and Strategic Policy Statement for completeness knowing that this would be requested and which is also required in law before a Budget can be passed so I am disappointed that we are still at this place and I call on the Government to resubmit this as a matter of urgency. We are also aware that the Government in the last Cabinet Meeting in January agreed to restrict expenditure and in the HOA Meeting of February 1, our colleague, Hon Derek Taylor led our position on the issue and made inquiries as to the areas that will be affected by the Government’s decision to accept this path. We again in the interest of transparency now call on the Government to inform the people of this country as to the areas that will be affected.
We are still of the opinion that there must be real efforts to grow this economy and to market this country. The PDM remains committed to this and believe that there must be a meeting of the minds and supporting legislations must be put in place to make TCI more inviting. We believe that the key to moving this country in the right direction is to first elect the Party that has already led in similar times first and then to encourage investment in existing businesses and the encouragement of new ones. We must attract fresh monies and this will also help in the creation of jobs, an issue on which there is now no representation.
While the Bill itself has not been repealed, I say kudos to Backbencher Hon Norman Saunders for bringing the Bill alongside my Private Members’ Motion and I must thank the Appropriations Committee who met without hesitance. I believe the work of this Committee cannot be underrated. To the members of the VAT Implementation Team, this is no indictment on you and I am sure you will do well in collecting the existing taxes. I am pleased that we will finally see the much needed resources in compliance which is what is needed in many aspects of Government.
In getting these type results, it is tempting to get caught up in one’s self and I am careful to not let this be said of me, but this was a marriage of leadership in many fronts and I pay tribute to the Business Sector and the Clive Stanbrook led Independent Business Council, Jerzy of the Private Sector in Grand Turk and the Business community generally who invested in promotional material and also the Study by Prof Teather which helped me in preparing in the Appropriations Committee and in my Party’s Official Position.
VAT taught us many valuable lessons – we must take the time to research issues and I thank Edith Cox for her valuable lecture on the issue and her assistance in preparing members of our Party’s Executive on the issue so that they can educate others and for her assistance in preparing the only written Political Party’s Position on VAT. Proper research and positions must be set out in writing with sound reasoning, (after all this is what we asked of HMG noting that valuable studies and research was nonexistent in support of VAT). We also learn that going it alone is never as strong as coming together – so much more can and was achieved. We celebrate this historic unity of the Government, Opposition and the Business community. The education sponsored by the business community, the HOA’s stance together with the failure of businesses to register made this feat possible.
Lest we forget, we joined the Business Community’s fight and I was glad when my Team was asked to make the statement of the century in TCI Politics. I say thank you to the Opposition members for their support for the Motion drafted only the day before and then of course to the Government for supporting it at that eleventh hour and again to Hon Saunders for seconding it.
This is in all respects a delay until the Government of the day completes its part and we call on the Government to inform the people of this country, in the interest of transparency and good governance on the areas where the spending will be restricted. We await an update on when the revised Fiscal Strategic Policy Statement is submitted.
REINSTATEMENT IN CARICOM
I am pleased that the Turks and Caicos Islands has been welcomed and reinstated as an Associate Member of Caricom. There is much to be gained from our Association. I am disappointed that a more united position was not presented overseas in that an invitation was not extended to the Opposition to be a part of the delegation. I believe that though we are in a Bi Election campaign, there are national and regional statements to be made and the presence of the Opposition would have signaled a strong message. However it is my Party’s intention to govern differently and to at all times present a united position and presence on national issues locally, regionally and internationally.
HEALTH CARE AND AUDITS
In light of the conditions set by Minister Simmons to avert the implementation of VAT in the mean time, the Government has to urgently begin to pay real attention to the health care monster that it has created. We are disappointed that the former Minister of Health misled the people of these Islands when she said that the Audits had already begun. Healthcare costs is the single largest challenge to us next to the repayment of the debt. This country cannot continue as is with the costs and state of healthcare. Aside from being a financial burden, our people are still being turned away. We believe that the PDM has the moral authority to handle this issue and there are many persons that have valuable contributions to be made on the state of healthcare in these Islands. To this end, my Party will be calling a meeting with the Medical Association and other Institutions to meet with them and discuss the all important topic of healthcare. We therefore call on the Government to delay not further and to ensure that the Audits begin and a PDM Government will handle the rest.
UNEMPLOYMENT
Our people remain without jobs and without real opportunities to obtain jobs and to move up in their work place. This Government continues to pay lip service to jobs while our people are sleeping in darkness and cannot feed their families. After three months, no real effort or steps have been taken and the people of this country are disappointed that jobs are not a priority for this Government. We are committed to reducing the level of unemployment in this country and also to the creation of more jobs. We rest on our plans contained in our Blue Print and are ready to take office and govern from Day One.
YOUTH ISSUES
Finally, I wish to say congratulations to Delano Williams and Angelo Garland on their recent accomplishments. Our young athletes continue to make us proud and we remain committed to creating opportunities for studies overseas based on athletics.
As Team Carifta gets ready to represent us, let us support our youth by traveling as a part of the delegation and/or contributing financially to the Team. Sports is an excellent teacher of many valuable lessons and we as a Party remain committed to Sports development as our record has shown through the opportunities provided for youth to compete overseas and the establishment of Sports organisations.
Congratulations to the Little Bees who took part in the National Spelling Bee especially little Trayvon Walkin. There is bright promise for our youth and this is why we must invest time and energy into our youth by providing real opportunities and programs for them.
The PDM remains committed to its contract with them and will be conducting in short order a tour around the Islands to meet with its youth.
I speak now to our troubled youth and applaud the Youth Department and the Youth Parliamentarians for the topic chosen for the upcoming sitting. The topic speaks to the provision of a Juvenile Center where we can assist our troubled youth. There are too many issues that remain underrepresented and we believe that there must be real attention paid to the emergence of gangs and youth in crime. We cannot afford to lose more youth to Prison and a life of under productivity. To this end, I remain troubled at a recent incident that occurred in which a young man was badly beaten. Too many incidences of this sort are not being addressed head on. We must admit that many of our youth are in trouble and many of our parents need help with them. It is time that we admit that and put programs and policies in place to support these homes, our schools and to protect our children sometimes from themselves. I have heard horror stories from our youth about school related incidents and I intend to address them in a more appropriate place. I just want to say to our people that this requires a community effort and we cannot continue to sweep them under the rug and close the doors of our schools to “outsiders” so as to contain the stories and I say no more. I intend, very early in our Administration, to take bold steps and introduce legislation to address many of the “taboo” issues.
The PDM are excited that DESTINY is now giving us and these Islands a chance to elect a PDM Government. We believe that this is a second chance to take this country in the right direction with the right candidate and the right leadership. On Friday March 1, 2013, Oral Selver will be officially nominated by the PDM Party. We support Oral because we know that he is the right man for the job.
Endorsement of Hon Oral Selver
Oral Selver has over 30 years stable employment in the Hospitality Industry. He is an example of hard work, strong work ethics and what one can achieve when they are committed to these ideals. Oral Selver rose from bread boy to bus boy to eventually management level where he championed the cause of the underrepresented and was instrumental in designing the gratuity system at 100% benefit to the hospitality workers. He is an accomplished businessman and a fine example of hard work and how it pays off. We are pleased that Hon Selver has a firm grasp of his national issues as well as his constituency issues and we are honored to have him represent such a diverse constituency and we endorse his constituency plans. He will tell more of his plans during the Destiny Rally.
Today, we officially launch our Endorsement Document for our candidate and we include our priorities for national concerns. This list is not exhausted but we are committed to addressing jobs and unemployment, health care, immigration and education and youth as matters of high priority.
PDM is the right direction. Destiny has given us a second chance. We have strong leadership, solid experience, vision, diverse skills and real plans that will allow us to govern from Day One.
Thank you.
End
Sharlene Cartwright Robinson
Progressive National Party (PNP) leader Dr Rufus Ewing (L) and Peoples Democratic Movement (PDM) leader Oswald Skippings
A change in the positions of the two TCI political parties vis a vis Britain is being seen as the fallout from an invitation issued to the two party leaders to attend the summer Olympics in London. The invitation was also scheduled to include meetings with British Department of State and Foreign and Commonwealth Office (FCO) officials.
The leaders of the Progressive National Party (PNP), who have been advocating their position of taking the TCI independent of Britain, have now welcomed the offer of an all expenses paid trip to attend the world event.
However, PNP leader Dr Rufus Ewing is not taking his deputy leader, attorney Carlos Simons QC, with him, deciding instead to be accompanied by Royal Robinson, a former member of the Misick-led PNP government.
The Peoples Democratic Movement (PDM), led by Oswald Skippings, decided to decline the invitation to attend the Olympics.
In a television interview, Skippings said that he did not receive the itinerary on time to make the decision to attend. He was scheduled to be accompanied by his deputy and former member of the Consultative Forum, Sharlene Cartwright Robinson.
However, Governor Ric Todd has denied that the PDM was issued the travel itinerary late and released a summary of the correspondence between the Governor’s Office and the PDM officials. Nevertheless, the PDM maintains this is not true. During the Skippings interview, the party leader said that he did not feel the meetings with British officials would be productive because they would be distracted by the Olympic events.
After taking over as PDM leader recently, Skippings was asked if he agreed with Britain’s suspension of the constitution and of the elected government. Skippings responded, “We had no choice and if we had to make that decision again, we would do the same thing.”
It was former leader of the PDM, Floyd Seymour, who sent evidence of widespread corruption to Britain’s Foreign Affairs Committee (FAC) in late 2007. This evidence, used by the FAC, forced the FCO to call a Commission of Inquiry, which resulted in the imposition of direct rule by Britain in August 2009.
After Seymour stepped aside and returned to private life, new PDM leader Douglas Parnell led several missions to London, where they met with FCO officials, members of the House of Commons and House of Lords, officials of the Westminster Foundation, as well as other persons and entities interested in the TCI and regional issues. Parnell has now followed Seymour into private life, not contending for any party position at the June convention in Grand Turk.
Former PDM leader and former Chief Minister Derek Taylor, who lost to Skippings at last month’s convention, reported he was working with members of the interim government.
Two days before leaving for London, PNP leader Ewing said he was looking forward to meeting with the British officials. “Even if we agree to disagree this will be productive,” he said.
The PDM, under none of their leaders, has ever favoured independence and has expressed disappointment that the special investigation and prosecution team (SIPT) has not moved swiftly enough. The party has, however, favoured earlier elections and a return to democratic rather than direct rule.
Supporters of both parties now report disagreements with their respective leader’s positions on the London trip.
I understand that Sotheby’s has been instructed to act for the Government, and has placed the 200 acres parcel 30101/25 of Joe Grant Cay on the market for sale at US$9.95 million. The parcel was recovered last year for the government following a claim by the Civil Recovery Team against my companies. I appealed the decision. The Appeal Court will decide later this year whether the Court’s decision was just and fair, as it was not.
The people of Turks and Caicos Islands must know that according to the Court documents submitted by the Attorney General:
on 7 November 2006, Mr Shaban Hoza, Government’s own valuation officer, reported a freehold value of this land for commercial use to be $230,000 per acre, but advised that the Government (or the Crown) could negotiate a price of up to $330,000 per acre. Those figures produce a valuation of between US$46 million and US$66 million for this 200 Acres land for commercial use ;
on 10 June 2008, this time Mr Hoza has produced a valuation of US$50 million for this 200 acres land for commercial use .
The Attorney General has quoted these valuations to build the Government’s case against our companies. The Court on the other hand, disregarded the Government appointed BCQS Limited’s US$3.2 million valuation for this 200 acres land for commercial use which was the basis for our purchase of Joe Grant Cay through our companies back in June 2008.
Now they are attempting to sell it at US$9.95 million.
The Government owes to TCI people, to declare the true value of the 200 acres of Joe Grant Cay, is it worth USD 50 million? US$250 million ? Or US$3.2 million that BCQS, a reputable Caribbean commercial firm has reported when they worked for the Government to confirm what must be the fair market price of this 200 acres?
If US$50 million is true, somebody is going to benefit US$40 million of Turks and Caicos People’s money.
If US$3.2 million is true, the Government should give us back our land,, that it claimed we bought at undervalue at the absence of a Development Agreement, in the midst of Worldwide economic crisis.
In any case, The Government must immediately stop the illegal sale of the 200 acres of Joe Grant Cay. This land is still the subject of an upcoming appeal between our companies and TCIG.
I appeal His Hon. Governor Richi Todd to suspend the sale of 200 acres of Joe Grant Cay. I also appeal to Sotheby’s Turks and Caicos Islands to immediately stop the sale of this land, which is still in dispute. I appeal to Temple Trust, to wait the results of the upcoming appeal.
Joe Grant Cay is a remote uninhabited cay located in a remote section of the archipelago between Middle Caicos and Easy Caicos, accessible only by sea. This Cay has no dock, no road, no electricity, no water neither any form of other infrastructure. The cay is composed mainly of consolidated rock with the ocean frontages consisting of either sand or “iron shore”. The elevation is low and the shallow water depths at some parts of the island for do not allow visitors to access other areas.
In 2008, We took a huge risk when we decided to invest into this property encouraged by his Hon. Governor Tauwahare, and ex Chief Minister Michael Missick.
I condemn the statements of certain people who claim that Joe Grant Cay will pay off TCI’s US$ 260 million debt to the UK. The best 200 acres of beach front parcel of Joe Grant Cay is up for sale US$9.95 million and it is unlikely that it will meet any buyer, unless the Government promise a preferential Development Agreement never seen before, with huge subsidies. Perhaps a preferential Development Agreement is already on the table, and the lucky buyer is already known. We will see what will come up behind the decision to sell this land so swiftly, without waiting the result of the appeal.
Dellis Cay and Joe Grant Cay Development Agreements:
Whether the Government has on the offer a preferential Development Agreement to the new buyer of Joe Grant Cay’s 200 acres, our Development Agreements had nothing unusual in them.
My companies have invested in Mandarin Oriental Dellis Cay and Joe Grant Cay projects since 2005 until August 2009. We were the largest investor of TCI history.
We have bought Dellis Cay at the time of His Hon. Tauwhare in June 2005 for USD 18 million from Mrs Dini Zingone. This deal was the largest private deal in TCI. I signed Dellis Cay’s development agreement dated July 2005 with Hon. Governor Tauwhare.
Further, on June 2008, we bought 200 acres of Joe Grant Cay island after 1,5 years of negotiations directly with the Attorney General, at the prices and terms determined by third parties appointed by His Hon. Tauwhare. On November 2008, our companies signed a Development Agreement for Joe Grant Cay after 2 years of intense negotiations, with the Attorney General. The signature on the Joe Grant Cay Development Agreement belongs to His Hon. Governor Wetherell.
Both Hon. Governors, have executed all Cabinet resolutions for Dellis Cay and Joe Grant Cay throughout their respective terms. I read in the press speculations about the Development Agreements of these projects. I have taken the decision to immediately publish in public both the former Development Agreement executed for Dellis Cay with Mrs. Zingone Dini before me, and the current Development Agreement for Dellis Cay signed by Hon Governor Tauwhare on July 2005.
I will also publish to public the Sale & Purchase Agreement signed by His Hon. Governor Tauwhare for Joe Grant Cay on June 2008, and the Development Agreement signed by His Hon. Gov. Whetherel for Joe Grant Cay on November 2008.
I am all for transparency. Therefore, I invite His Hon. Governor Richi Todd who is currently in office, to disclose all Development Agreements signed by TCI Government for the past 20 years. At the end of the day, these Development Agreements are negotiated and provided to the Investors for the benefit of both the Investors as well as the TCI people. TCI people have a right to know what is going on in these agreements. Why to keep them secret? Why let people speculate? Publish them and show to the people of Turks and Caicos Islands, who got what?
There is not a single developer who did not make a perfectly legal donation to the political parties in the TCI, but I am picked as a victim with a select few other to pay a deer price. I hope one day, all developers will disclose their development agreements and their donations to the political parties. Only then, the TCI people will see the truth.
The Responsibility of the his Hon. Governors
On July 18th 2009, His Hon. Governor Whetherell published the Commission of Inquiry’s Final Report which provided access to the unredacted text that contained our good companies name, ruining our reputation, and causing the banks to pull funding. Later on, His Hon. Governor brought into force the Order in Council suspending parts of the Turks and Caicos Islands constitution. The House of Assembly was dissolved and Members’ seats were vacated. The constitutional right to trial by jury was suspended. Shortly after in October 2009, a receiver was appointed to our project Dellis Cay by TTUTC.
Since then, I am exposed to numerous claims, in breach of my human rights. I am really sorry that two principal players between 2005- 2009 are not in the TCI today. They are the ex Hon. Governors Tauwhare and Whetherel
It is my strong belief that these Hon Governors have caused major damage not only to my companies but also to the TCI people. They have ruined the properties and lives of many people, by abusing their responsibilities.
Governor Tauwhare and Governor Whetherel represented the principal office ruling TCI, and they must be accountable for both good and bad things that happened in the TCI. They have chaired every Cabinet meeting along with the Attorney General. They have executed each and every resolution in the TCI. If the Courts one day, prove there has been “widespread” corruption at TCI, the Governors must surely be hold accountable as well.
I am very pleased that the elections are now proposed and finally we see the possibility to return to democracy after 3 years of interruption. I believe that TCI people deserve democracy and hope that both PDM and PNP will fulfil their responsibility in this respect.
DR.CEM KINAY
ONE VICTIM OF POLITICS IN TURKS AND CAICOS ISLANDS
With the continuing anticipation of elections yet this year, the TCI electorate is directing its attention to those who have indicated an interest in running. Also, speculation and networking is on the rise, with the names of potential candidates the main subject.
Harold Charles, the former owner of Sky King airline, has indicated an interest in running as an independent candidate running at large. Charles, who was born in Haiti, has lived in the TCI for many years and is a belonger. During the Michael Misick years, he sold his airline routes to Lyndon Gardiner of Air Turks and Caicos for an undisclosed amount. Charles has been reported to be attending meetings populated with Haitian-born belongers, who are likely to be his support base.
Also indicating a desire to run as an independent is Consultative Forum member and TV talk show host, Rev Courtney Misick of Kew, North Caicos. Misick had been connected with the North Caicos Branch of the Peoples Democratic Movement (PDM) when Floyd Seymour was the PDM leader. With the leadership now returned to Derek Taylor of Grand Turk, Misick has confirmed his political role will remain independent. Misick is interested in running at large and told TCI News Now he anticipates financial support adequate to sustain an at large election try.
Newly resigned radio talk show host and former Progressive National Party (PNP) elected member of parliament, Robert Hall is vying for approval by the PNP to run under their banner at large.
Leading the pack at the PNP is former medical director of the TCI, Dr Rufus Ewing, who resigned effective March 31.
Formerly associated with the PDM, where his father Hilly Ewing is a senior stalwart, Rufus Ewing has already taken to TV and radio, beginning his campaign to corner the PNP leadership, which he believes will lead him to an at large seat and the country’s premiership.
Also in the PNP camp is attorney Carlos Simons QC, who has apparently moved from his conservative right position in the party to a left of centre position. His new platform is to terminate the special investigation and prosecution team (SIPT), rescind the arrest warrant for Michael Misick and, as with Hall and Ewing, prepare the TCI for independence. Sources indicate that Simons has been carefully lining up delegates who will support him in the yet to be announced PNP convention planned for sometime this month.
Local speculation also has Don Hue Gardiner, local Digicel chief E.J. Saunders, and new attorney Mark Fulford as possible PNP candidates. Almost certain to run is former deputy premier Royal Robinson, as well as his son Jamal, who resigned his post as disaster operations manager. The junior Robinson has made it known he is interested in one of the two Grand Turk district seats.
According to PDM national chairman Ruben Hall, a party convention will definitely be held in June. While the meeting was thought to be scheduled for Grand Turk, where leader Derek Taylor resides, some believe it may now be held to Provo for economic reasons.
The oldest party with the oldest candidates, PDM has been reforming itself with a slate of candidates including those that won the government 18 years ago in the 1995 election. This includes Clarence Selver, Samuel Harvey and several others. Former PDM chief minister Oswald Skippings, now a pastor, has told his church to replace him, as he plans on returning to politics.
Chairman Hall has said that, to date, the party has seven people interested in running for the five at large seats. This includes party leader Taylor himself and possibly Hall. Current PDM treasurer Dwayne Taylor, who served with Derek Taylor, is also expected to run.
Progressive National Party (PNP) leader Dr Rufus Ewing (L) and Peoples Democratic Movement (PDM) leader Oswald Skippings
