Press Release From the Governor’s Office Re-Decision Not To Implement VAT
The UK Government has agreed that VAT will not be implemented in the TCI at this time. The TCI Government and opposition have clearly stated their opposition to the implementation of VAT.
It remains Her Majesty’s Government’s (HMG) view that VAT would provide a more stable, fairer and broader based system of revenue for TCI than that which is currently in place.
The Government of TCI has a responsibility to ensure sound finances in the Territory. This includes constraining expenditure within the legally binding fiscal framework which is now in place and being able to refinance its debts in 2016 without a further UK Government loan guarantee.
The TCI Government will face more difficult choices to ensure stable and sustainable revenues and expenditures in the absence of VAT.
HMG is clear that we will not accept a return to the dire financial situation in TCI which prevailed before the Interim Administration.
FCO Minister, Mark Simmonds, issued a letter to TCI Premier the Hon Dr Rufus Ewing yesterday evening, Mon, 25 Feb 2013. This was also sent to the Leader of the Official Opposition in the TCI simultaneously. This was issued in response a letter from the TCI Premier dated 29 January 2013 which raised a number of concerns about the proposed implementation of VAT in the TCI from 1 April 2013.
by Hayden Boyce – Publisher & Editor-in-Chief,
Published in Sun TCI on 20th of February 2013
The Caribbean Community (CARICOM) has expressed “grave concern” about the state of political affairs in the Turks and Caicos Islands.
In fact, the regional leaders are taking matters in this country so seriously that they intend to raise concerns indentified by Premier Dr. Rufus Ewing with representatives of the British Government.
In a communiqué issued at the conclusion of the 24th Inter-sessional Heads of Government meeting held in Port-Au-Prince, Haiti, the Caribbean leaders stated: “The Conference noted with grave concern that, though the elections of November 2012 had led to the restoration of representative government, the overall state of political affairs remained less than desirable and the restoration of true democracy was still a far way off. The 2011 constitution, conceived in London and thrust upon the people of the Turks and Caicos Islands when they were without representation, was viewed as a mere by-law for the continuance of direct rule under the pretext of representative democracy.”
The CARICOM report added: “Of additional concern were the challenges emanating from the workings of the justice system in relation to the criminal investigations that followed the commission of enquiry, and what was portrayed as “constant infractions of democratic principles and insults to the ideals of elected government”.
The Conference noted the reaffirmation of the Turks and Caicos Islands Government’s commitment to the Caribbean Community as well as the expressed appreciation for the pronouncements of the Community on the situation in TCI. It was decided to continue to keep the situation under close review and to raise concerns with representatives of the British Government.”
The communiqué said that the conference “received with interest” the address made by the Premier of the Turks and Caicos Islands, Dr. Rufus Ewing.
It was the first meeting of the Community at which the Turks and Caicos Islands had been officially represented by a democratically elected Government since the suspension of its constitution in August 2009, and a three-year period of direct rule by the United Kingdom Government.
In his maiden speech to a CARICOM Heads of Government meeting on Tuesday, Premier Ewing called on CARICOM (Caribbean Community), to advocate on the international stage for the full restoration of the institutions of true democracy in the Turks and Caicos Islands.
He also asked regional leaders to “support our (Turks and Caicos Islands) cries for removal of the spectre of colonial influences of the past, as we fight for our rights on our journey towards true self governance and self determination”.
Dr. Ewing’s said then: “The current state of affairs in the Turks and Caicos Islands has the potential to throw our Country into chaos. For so long as I am the leader and principal spokesman of the Government of the Turks and Caicos Islands, I will use every means available to me to ensure that does not happen.”
Turks and Caicos Islands Premier Dr. Rufus Ewing Address to CARICOM
PREMIER OF THE TURKS AND CAICOS ISLANDS
HON. DR. RUFUS W. EWING
ADDRESS TO THE CARICOM HEADS OF GOVERNMENT AT THE TWENTY-FOURTH INTER-SESSIONAL MEETING
PORT AU PRINCE
HAITI
FEBRUARY 18th 2013
His Excellency Michel Martelly, President of the Republic of Haiti and Chairman of CARICOM, Hon. Laurent Lamothe, Prime Minister of Haiti, Ambassador Irwin LaRocque, Secretary General of CARICOM, Heads of State of CARICOM and other Delegates present, friends all. I bring you greetings on behalf of the Government and people of the Turks and Caicos Islands. I would like to thank the CARICOM Secretariat and you the CARICOM Heads of Government for affording me the opportunity to address this gathering on matters concerning the Turks and Caicos Islands.
It is indeed an honour to be here and I consider it a privilege to address you at this very significant Twenty-Fourth Inter-Sessional Meeting. This meeting is of significance, because it is the first meeting of CARICOM at which the Turks and Caicos Islands is being officially represented by a democratically elected Government since the suspension of our Constitution in August 2009. It is also of significance, because it the first of such meetings to be held by one of our closest neighbours and important trading partner. Given the long relationship between the people of the Turks and Caicos Islands and the people of Haiti, my own father captaining many voyages to Haiti, I feel able to say that Haiti’s membership in CARICOM, is a recognition within the region, of our brotherhood with Haiti. Haiti is a part of us and we are a part of Haiti.
The Turks and Caicos Islands extends its congratulations to His Excellency Martelly and the people of Haiti and do look forward to both our nations growing from strength to strength within the Caribbean Community.
On November 9th 2012, the people of the Turks and Caicos Islands were granted the ability to exercise their democratic right to elect a representative government following a three year period of direct rule by United Kingdom Government. Though these elections have indeed led to the restoration of ministerial government, the overall state of political affairs remains less than desirable in our islands. The restoration of true democracy is still a far way off. In the Turks and Caicos Islands, we are today being governed by a constitution that was conceived in White Hall, and was for all intents and purposes thrust upon the people of the Turks and Caicos Islands, at a time when they were without representation. The 2011 Constitution is merely a by-law for the continuance of direct rule under the pretext of representative democracy.
Distinguished colleagues, friends, we seize the opportunity of this audience to reflect briefly on the evolution of events in our country over the past three years, so that you may better appreciate our realities and come to understand that our yearnings are not unique. The people of the Turks and Caicos Islands, wish simply to serve democracy because they are confident that if they serve democracy, democracy will in turn serve them.
In 2008, a Commission of Inquiry presided upon by a sole Judge; found that there was evidence of systemic corruption, by politicians, senior government officials and co-conspirator developers. The findings of the Inquiry also suggested that there were significant deficiencies within the administrative arm of Government. Following on from his findings, the Commissioner made several recommendations including the investigation of those persons accused of wrong-doing, but more importantly, the suspension of vital parts of our 2006 constitution, allowing for direct rule from the UK by an Interim Administration from August 2009.
During the period of direct rule from the United Kingdom, all power was vested in the office of the Governor, so that he wielded absolute power. The Advisory Council and the Consultative Forum, whose members were appointed by the Governor, were institutions established by the Interim Administration designed to mimic respectively the Cabinet and the House of Assembly. His Excellency was not however bound to take the advice of either body. Under the Direct authority of the United Kingdom Government the people of the Turks and Caicos Islands witnessed the following:
The implementation of new laws such as “The Trial Without Jury Law” and amendments to the laws governing the admissibility of Hearsay Evidence. To the extent that these laws are intended to be retroactive, they erode the confidence in the Judiciary that must underpin every democracy and challenge the very rule of law that the Interim Administration was charged to promote.
The approval of budgets without debate, so that there was no opportunity for the ordinary citizen to influence in any way, how his tax dollar was being spent,
The transfer of protected pension funds from the National Insurance Fund to the Consolidated Fund
The implementation of laws facilitating the imposition of taxation against the wishes of the people
Such were but some the abuses of the United Kingdom Government visited upon the people of the Turks and Caicos Islands in the name of Democracy and Good Governance during the rule of the Interim Government.
Your Excellency, I wish to assure the Community, that the Government and people of the Turks and Caicos Islands are committed to all the principles of democracy and the tenets of good governance. As a Government, we are committed to strengthening where they exist and creating where they do not exist, all those institutions that promote democracy and good governance. Guided by that commitment, the people of the Turks and Caicos Islands by and large welcomed the need for reforms and for the strengthening of governance systems. By and large we acknowledged that the allegations of corruption and maladministration necessitated investigation, we have however, always been concerned that the inquiry was left to a lone Commissioner and we have always maintained that the suspension of our constitution and the establishment of an Interim Administration, was an inappropriate response to the Commissioner’s findings and ran counter to every principle of democracy and good governance.
Our sense of what is right and decent and fair compels us to question even to this day, why it is that former Governor Tauwhare, who was a member of the Cabinet for a significant period of the last elected government’s term, has not been required to speak to his involvement in the alleged wrong doings. Your Excellency, as you would expect, I am slow to comment on judicial processes, but I would betray my duty to the people of the Turks and Caicos Islands if I did not express our concern that in relation to the criminal investigations that followed the commission of inquiry, persons who were charged criminally have avoided the criminal process by paying millions of dollars into the treasury before they were even called upon to answer the charge. This type of action is abusive and nothing short of corrupt. It is the more egregious, because those who have to date been able to purchase their justice, have not been Turks and Caicos Islanders. When those who dispense justice are allowed to see black or white, rich or poor, expatriate or belonger, what they dispense ceases to be justice. When justice is for sale and when laws are implemented and made retroactive, arguably in an effort to secure particular convictions, the justice system and the system of justice is being challenged and democracy is under siege.
On the issue of taxation without representation, the people of the Turks and Caicos Islands by its duly elected Parliamentarians have just recently unanimously voted in support of an ordinance to repeal the Value Added Tax Ordinance that was passed by the Interim Administration and that is scheduled to come into force on April 1st of this year. The unanimity of the vote to repeal the VAT Ordinance, did not come as a surprise, as both political parties campaigned against its immediate implementation and sought its delay in order to allow the elected Government to explore alternative measures. We have made representations to the effect that VAT is not in the best interest of a small economy such as ours and have provided sound alternative revenue generating measures. While we maintain that VAT will not work in the Turks and Caicos Islands, we are more concerned, as you can see, that the principle of Democracy and Good Governance, which mandates that the people of the Turks and Caicos Islands through their elected officials, must have an opportunity to consider any measure that seeks to impose an additional tax burden on them or to otherwise alter their tax structure, is a principle that is being sacrificed on the altar of despotism. If His Excellency The Governor refuses to assent to the repeal bill, he would have said in no uncertain terms that the voice of the people is the voice of God, only so long as God and the United Kingdom Government are singing in chorus. I cannot stress with sufficient strength nor overstate the significance of these events. The question is not one of taxation, but rather, one of democracy.
An additional insult to the democratic process, is the continued presence of a UK appointed CHIEF FINANCIAL OFFICER, whose office controls government expenditure without the authority of the elected Minister of Finance. Friends, imagine if you could, an elected Government unable to give a clear undertaking to the works because this strange, unelected creature, the CFO, is deciding upon the operations of Government without the authority of the Minister of Finance.
Your Excellency, Ministerial Government in the Turks and Caicos Islands is not yet 40 years old – younger in fact, than the treaty of Chaguaramas. In that time, we have by any standards, made significant strides and by the same token, we have made mistakes. Your Excellency, fellow heads of Government, I assure you that the Government of the Turks and Caicos Islands has constantly under review, the successes and failures of those Governments that came before us. We will not be afraid to emulate the actions that lead to successes and avoid those that lead to failures. I wish also to assure you, that so long as I am entrusted with the office of Premier, I will stand in opposition to any individual or group of individuals, whose purpose it is to reverse the social, political and economic gains of past governments.
On February 10th 2013, moved by dismay over the constant infractions of democratic principles and insults to the ideals of elected government, I caused a letter to be forwarded to the First Secretary of State, The Rt. Hon. William Hague, MP – Minister of Foreign Affairs – requesting the recall with immediate effect, of the UK appointed dignitaries responsible for these infractions, namely His Excellency the Governor, the Attorney General and the Chief Financial Officer.
For some time Your Excellency, perhaps blinded by the euphoria of success, the Turks and Caicos Islands may not have been as public in its support for CARICOM as it could have been. We may not have been as bold as we could have been in championing the ideals of the Community. We may have failed to look within the region for the assistance in strengthening our institutions and building our democracy. The Turks and Caicos Islands have a vested interest in CARICOM, not least because we have living and working among us, citizens from perhaps every member and associate member of the Community. Your Excellency, please know that the Government of the Turks and Caicos Islands is committed to this region as we strive to build our small nation.
Even as I make public my Government’s commitment to the Caribbean Community, I want to make clear that that commitment is not at the expense of our willingness to continue work with the United Kingdom Government. The Government of the United Kingdom must by now realize that the Turks and Caicos is not prepared “to go along”, with all that they propose just “to get along”. The Partnership only works, if, notwithstanding our status as overseas territories, Her Majesty’s Government recognizes that we also carry the mandate of a constituency, whose interest we have a duty to represent.
In the words of Sir Lynden Pindling “We (the Government), must take the worst and make them Better. We must take the lowest and take them Higher. We must take the saddest and make them Happier. We must take the sickest and make them Healthier and we must take the poorest and make them Richer.” I have no doubt that all the Governments represented here today subscribe to that vision. It was that vision that propelled Toussaint L’Ouverture in to action. That vision drove Eric Williams, Alexander Bustamante, Forbes Burnham, Errol Barrow, Lynden Pindling and a slew of others, to challenge the status quo. So too, are the people of the Turks and Caicos Islands Inspired.
Your Excellency, There has always been a commitment in CARICOM for democratic values and a concern for basic human rights. CARICOM has never been afraid to condemn any circumstance that is an affront to democracy or denies the basic human rights to any people. In this regard we wish to thank the Community for its pronouncements thus far.
The current state of affairs in the Turks and Caicos Islands has the potential to throw our Country into chaos. For so long as I am the leader and principal spokesman of the Government of the Turks and Caicos Islands, I will use every means available to me to ensure that does not happen.
Today therefore, on behalf of the Government and peoples of the Turks and Caicos Islands, I am calling on the Community and the individual member states, to keep the situation in the Turks and Caicos Islands under review. I urge you to stand with us, not on one or other specific policy, but on the question of democracy. I invite you, to advocate on the international stage for the full restoration of the institutions of true democracy in our islands and to support our cries for removal of the spectre of colonial influences of the past, as we fight for our rights on our journey towards true self governance and self determination.
On behalf of the people of The Turks and Caicos Islands, I thank you.
Letter to Rt Hon William Hague-Premier of the Turks and Caicos Calls for the recall of the Governor, the AG and the CFO
February 10, 2013
Rt. Hon. William Hague
First Secretary of State for Foreign and Commonwealth Affairs
Foreign and Commonwealth Office
London
Dear Hon. Hague,
I take this opportunity to write to you in your capacity as first Secretary of State for Foreign and Commonwealth Affairs with overall responsibility for the Governance of the Turks and Caicos Islands. Hon. Hague as stated in my address to Minister Simmonds and Members present at the recently held Joint Ministerial Council, I thank the UK Government for the restoration of democracy in the Turks and Caicos Islands through the holding of elections that have enabled the establishment of a democratically elected Government of the people, by the people and for the people. Hon Hague, I however expressed our concerns as it relates to the good governance of the territory during this current post election period. As a newly elected government we are committed to good governance and the rule of law, but adherence to such principles should apply to all persons, at all levels of government, including the Governor and Attorney General.
Hon. Hague, I recalled attending a town hall meeting in early 2012 hosted by the Governor. Amongst the matters tabled at this meeting was the issue relating to VAT. At that meeting, there were several members of the community who expressed their displeasure at the arrogant and dictatorial manner in which the Governor handled the affairs of the country. At the end of the meeting I posed a simple question to the Governor, “Would an elected Government be able to repeal and reverse any of the laws and decisions of the Interim Administration?” His answer was simply, “Yes as long as it is in conformation with the Constitution and the law”. The answer was perfect, and he said it with a chuckle. Hon. Hague, this brings me to this point, our current Constitution.
Hon. Hague, many of the current atrocities and wrongful acts that are being committed by the Governor and the Attorney General are being done contrary to the stated principals and ideals of our Constitution and international laws of human rights, and some of these acts are being perpetrated under the cover of the Constitution. These actions seriously bring into question, both the character of these individuals, as well as questioning elements of the Constitution, its legality and its fairness.
Hon. Hague, the Turks and Caicos Constitution Order 2011, is not a Constitution of the people, by the people or for the people, and hence it should be amended and advanced, and we should start this process immediately through the proper procedures and dialogue. In the interim, we would expect that the territory of Turks and Caicos be governed by the 2011 Constitution, but with fairness, and the real best interest of the people, as expressed by themselves or through their elected government. This position has been articulated on many occasions in the past. It was stated on many occasions on behalf of the people of the Turks and Caicos Islands, that the very suspension of the 2006 Constitution was unnecessary. It was well established that there were many other options available to address alleged corruption and maladministration of a government of which the former Governor Tauwhare, was at the centre and head. During the Interim Administration, the Governor had absolute power, and exercised this power, regardless of the expressed wishes of the people of our country! During this period, there was a total disregard for the Constitution with respect to the appointment of a Belonger Deputy Governor. In the absence of the Governor, other members of the Interim Administration were appointed as Acting Governor, in direct contravention of the constitutional order laid down. There was the passage of an Appropriations Bill by the Governor himself. We also witnessed the passage of other laws, such as trial without jury, the hearsay and equality law, components of which go against our principles as a Christian Nation. During the period of the Intermin Administration, the Governor became comfortable to a dictatorial style of rule. Now, however, in the presence the newly elected repreventative government, the Governor and other remaning officials from the former administration, the Attorney General and the Chief Financial Officer, have demonstrated a reluctance to facilitate the transition of governance back to the the people of this country.
Hon. Hague, the alleged wrongdoings of members of the former PNP Administration and associates is quickly being exposed as being a farce, impregnated with cloak and dagger acts on the part of the Governor, AG Chambers and SIPT, to incarcerate Turks and Caicos Islanders at all costs, even at the cost of the violation of the principles of justice and the human rights of individuals. There is now a growing focus by the regional and international community on this matter, as blatant acts of “justice for sale” have been conducted here in the TCI under the disguise of plea bargaining. Such cases include many well-known expatriate developers who have secured their freedom from prosecution, both by monetary exchange under the guise of “Civil Recovery” and by providing evidence against accused local politician “co-conspirators”. Hon Hague, the sale of justice is not an example of good governance! Furthermore, it is quite evident that the Governor is deeply involved with the day to day operations of the SIPT, hence, is subject to impaired judgment, or has questionable motives in overseeing the affairs of this country.
Hon Hague during the period of the Interim Administration, the Governor asented to numerous pieces of legislation and undertook many reforms which were meant to create an environment of good governance and effective and efficient administration during a period of economic downturn. However, these legislations, reforms, austerity measures and tax policies that were implemented in preference to robust revenue strategies resulted in high unemployment, social neglect, large emigration of members of the workforce, abundant business closures and much civil unrest. These effects were coupled with a Governor, who ruled without a social conscience, and had no respect for the business community or indigenous local community, many of whom have publically expressed reciprocal sentiments of the Governor. The Governor and his administration, in their haste to expedite their mandate or agenda ended up violating many principles of good governance that had recently been approved and committed many acts that were similar, or identical to those that members of the previous administration were alleged to have committed. These acts were of such magnitude that even those persons who called for the intervention of the UK Government were calling for the recall of the Governor and regretted the method of intervention by the British.
Hon. Hague, the financial trough that the Turks and Caicos is currently in, due in part to the preferential austerity measures by the Governor is not insurmountable, as the potential of the Turks and Caicos is great and the future is bright. We acknowledge our properly verifiable debt, and are committed to the repayment of this debt. However, the financial strategy for economic growth and loan repayment via VAT that is mandated by the various financial mandates of the CFO and the Governor, are not the way to prosperity. The arguments against VAT in the TCI, and the need for the current method of taxation and economic diversification and growth as avenues to prosperity have all been well articulated by many. The people of this country from all sectors and the representatives of the people, in the House of Assembly, have all said “NO TO VAT” and are all in agreement with the economic strategies put forward by the government. Denial of the expressed wishes of the people, would be a clear indication of democracy not being restored to the people of the TCI!
Hon. Hague as stated already, our beautiful by nature Turks and Caicos has a bright future. But the current Governor, Attorney General and CFO, as remnants of the previous administration are obstacles in the way of prosperity. They never have, and even more so now, enjoyed the trust, confidence and support of the people of the Turks and Caicos Islands. I am hereby requesting that Governor His Excellency Damian Todd, Attorney General Huw Shepard and the Chief Finanical Officer Hugh McGarrel Groves be recalled and replaced by unbiased individuals, better suited to adapt to and to work synergistically with a democratically elected government, the business community and the local community. This will ensure that all stakeholders will have a fresh start at governing the Turks and Caicos Island in the best interest of our people.
Respectfully
Dr. The Hon. Rufus W. Ewing
Premier
Turks and Caicos Islands
House of Assembly votes to repeal VAT, final decision rest with Governor Todd the Dictator
Published in TCI POST on 01st February
The House of Assembly has voted overwhelmingly to repeal the VAT law…………
The Governor put himself in a very awkward position regarding the VAT Bill. It was unprofessional, undiplomatic and dictatorial for him to publicly announced before the elections that an elected government cannot repeal VAT.
Now the governor has his his ego to protect and no doubt would use his considerable offensive colonial powers under the TCI British imposed constitution to veto the bill repealing VAT.
Nevertheless the government and the opposition did the right thing in voting for the repeal of VAT. The only voice in the House of Assembly that argued against repealing the bill was the governor’s appointed member Lillian Misick.
Should the Governor veto this bill whether with the advice of the Secretary of state or or his own accord, it is likely to trigger a series of events which could see civil disobedience on one hand or a spirited diplomatic effort to ensure that the bill is repealed.
The Minister of Finance stated that if the bill is not repealed that he would refused to enforce the law as it relates to VAT. I have no confidence in this approach although I wholeheartedly admire the tenacity of the Minister of Finance.
The trio of the Governor, the AG and the CFO will just do what they do best. They will intimidate and threaten civil servants to enforce VAT. The Governor made it clear in a recent press release that the TCI is jointly governed by him and the PNP. This is a clear admission by the governor that there are two governments performing at the same time in the TCI.
So folks the fight is far from over, in fact it has just began. John Glasgow
Advocates Legal Group – Press Statement Re: Intimidation and Threats by the Attorney General Chambers
ADVOCATES LEGAL GROUP
MEMBERS: Mark A Fulford, Noel T Skippings, Arthur Hamilton, Ashwood Forbes, Courtenay Barnett
PRESS RELEASE
RE: INTIMIDATION & THREATS TO FREEDOM OF SPEECH
MADE BY THE ATTORNEY GENERAL CHAMBERS
As Lawyers, we feel compelled to respond to the Attorney General`s public statement, as we find it to be very high handed, vexatious and wreaks of intimidation of the highest order.
Our country`s constitution guarantee us the freedom of expression, and unless the AG Chambers changes that law too, Part 1, Section 1 of the Constitution still applied to the Turks and Caicos Islands.
It is not acceptable that the Attorney General should cause to be published a threat of 10 years imprisonment when the press published and freely expresses factually based concerns about the manifest flaws and shortcomings in the justice system under the present dispensation.
It is indeed a compromise of the Constitutional enshrinement and protection of the fundamental right of “freedom of expression”. The AG’s threat to imprison by invoking the antiquated concept of contempt by way of “scandalising the court” fails to recognize the following:-
A. Contempt by way of scandalising the court was used years ago in England as a means of silencing legitimate criticism of Judges and others in authority. It is no longer used in England, and since parity by way of “gay rights” has been strenuously advanced by HMG in the TCI, the lawyers group is duty bound to insist that obsolete laws not be used in this manner to silence those who make legitimate criticism of a manifestly flawed justice system.
B. If the individual or individuals named in any article feel that they have been defamed, then sue the published on the article for defamation and do not threaten either lawyers or the press which should not be so intimidated because a Registrar, or Chief Justice or any Judge feels aggrieved for having read what was published in the press.
B. The high office of Attorney General should be, with respect, more concerned about:
Compromises in the system of justice,
Selective prosecution,
the impasse between Governor and Government over VAT,
The use of prosecutorial powers to pressure confessions and settlements,
Rather than be it implied or expressed be seem as silencing legitimate criticisms of a flawed justice system.
END
31 January 2013
Press Statement from Michael Misick in Response to the AG Statement
Published in TCI POST on 01st February
I have read with amazement the comments of the Attorney General Huw Sheppard as to why I cannot return home voluntarily.
Firstly, I nor my legal representatives have ever given any previous assurance of my return nor was I ever ask to show up at any police station at any given time to answer any questions.
Sometime during 2011 my legal representatives received a letter from Helen Garlick saying that she would be inviting me to return for questions. My lawyer responded by asking for full disclosure and subjects of the questions so that I could be prepared to answer them. My lawyer never received full disclosure or the subject matter of the questions.
The next time I heard anything from SIPT or Helen Garlick was in February 2012 when they issued an Interpol Red Alert for my arrest. By that time, because of my belief that I could not get a fair trial and that me and my colleagues are being prosecuted for our political beliefs I had already applied for political asylum in Brazil. Once the Red Alert was issued, I was stuck in Brazil and could not travel home freely. There was no window of opportunity given to me to voluntarily show up.
I am a political prisoner having been arrested illegally at the request of the Attorney General Huw Shepheard and the British Government and documents they filed in the Brazilian Supreme Court requesting my detention and extradition to the Turks and Caicos Islands. For that reason, the only way that I can be released from prison is if the AG and the British Government withdraw the prison order and agree to my voluntary return. My stay in jail is not up to the Brazilian authorities as the AG asserted but it is up to the TCI Attorney General Huw Shepheard, Special Prosecutor Helen Garlick and the British Government.
In spite of still holding the belief that I cannot get a fair trial, I and my lawyers have offered for me to voluntarily return home in exchange for the AG and the British Government withdrawing my prison order. I was arrested on December 7th 2012. Today is Janurary 27th 2013. If the AG and others were truly interested in me coming home to face justice why for almost 60 days they had not made the official request for my extradition or accepted my offer to voluntarily return home?
It is obvious that the delay is about revenge and my continued political prosecution, they want to punish me by keeping me locked down in a maximum security prison in Brazil for as long as they can. Reality is that I have applied for political asylum in Brazil and there is a Red Alert out for me so how am I a flight risk? Why would I abandon my asylum application and leave Brazil? In fact I cannot do anything without the AG and Helen Garlick agreement to lift the Red Alert.
By these facts I again call on the AG and Helen Garlick, if they are truly interested in fairness and justice, to allow me to come home voluntarily so that I can answer questions and begin to prepare my defense since they have already decided that I will be charged even before asking me the first question.
It makes no sense to waste more of the TCI tax payers time and money on a long and drawn-out extradition process. The AG knows that extradition is a process and that the process must be followed wether I consent to be extradited or not. I have publicly declared my willingness to come home voluntarily, I am interested in justice. I am interested in coming home to clear my name.
The Ag and others can facilitate my speedy return so I can face their justice or they can continue to make excuses and continue their prosecution of me and punishing me without a trial by leaving me in jail in Brazil because they are upset that I did not return home a year ago. This is revenge, not justice. The choice is theirs not the Brazilian authorities.
I could be home to face whatever charges they choose to place on me in 24 to 48 hours of the AG and the British Government agreeing to my voluntary return.
There is recent president for this in England where at least one high profile prisoner did agree to voluntarily return there to face charges after being away for many years. My situation is no different from theirs.
It is highly unusual for a person that is a country’s most wanted to want to voluntarily return and the authorities of that country refusing to accept him or to expedite his return.
Something is wrong with this picture. It is up to you Mr. Attorney General.
Michael Misick
Former Premiere of the Turks and Caicos Islands
From Prison
Rio de Janeiro, Brazil
27-01-2013
Official request made to Brazil for extradition of former Turks and Caicos premier
Published on January 30, 2013
By Caribbean News Now contributor
PROVIDENCIALES, Turks and Caicos Islands — A formal request for former premier Michael Misick’s extradition to the Turks and Caicos Islands (TCI) was lodged with the Brazilian government on Tuesday, said TCI attorney general Huw Shepheard.
According to Shepheard, the TCI’s chief magistrate and the acting attorney general formally certified the papers last week and they were taken to Brazil on Sunday.
“Some time was needed to assemble the documentation and to have the request translated into Portuguese; however, the request has been made well within the time limit imposed by the extradition treaty, in accordance with the intention of the TCI government and the special investigation prosecution team (SIPT) to secure Michael Misick’s return to the TCI by due process of law,” he said.
Following his arrest in Rio de Janeiro in December last year, Misick has been held in custody by authorities in Brazil pending the outcome of the extradition request by Britain to return him to the TCI for questioning in connection with allegations of malfeasance while in office.
Open Letter From Michael Misick Former Premier Of the TCI To Helen Garlick
Michael Misick
Rio de Janero
Helen Garlick
SIPT
Providenciales
Turks and Caicos Islands
RE: Open Letter Regarding my voluntary return to my country Turks and Caicos Islands
Dear Ms Garlick
I am disappointed by your response to my verbal request and written request to voluntarily return home to answer question or any future charges that you may levy against me. I am determined to clear my name in relation to the allegations made by you towards me.
In response to my request to voluntarily return home directly on a charter flight, paid for by my family, your excuse is that I may change my mind between the prison and the airport and refuse to board the plane or (during) my stop-over in the British Virgin Islands I may decide to stay there.
This is the lamest excuse I have ever heard a law enforcement professional use to someone who is on the Interpol Red Alert and wanted in a jurisdiction for question and want to voluntarily surrender.
I must remind you that I am a 47 year old man (who) has spent 20 distinguished years in politics and dedicated service to my country Turks and Caicos Islands. In addition to having the honor of being the country’s first premiere, I have served in many different capacities as Minister (of Government) over the past 20 years. It is known that I did not at any time abscond or run away from the Turks and Caicos Islands or any charges. The fact is that I was away from home almost two (2) years when the arrest warrant was issued for me. It is also a known fact that because of the changes in the constitution, like removing the right to persons accused to a trial by jury, changes to various laws of evidence including the hearsay view, I am of the firm view it was and is not possible to get a fair trial for me and my colleagues.
It is a known fact that I while in office along with my colleagues advocate independence from Britain for our country Turks and Caicos Islands and it is my belief that this entire investigation, charges and pending charges is politically motivated and that we are being prosecuted because of our political views. As a result of the above position, it was also a known fact that I had applied for political asylum in a third country because of the political prosecution stated above and the violation of my human rights.
I have decided that in spite of my firm belief that I cannot get a fair trial, nor can my colleagues, and in spite of my political prosecution because of our belief that the Turks and Caicos should be independent and Turks and Caicos Islanders should be running every aspect of government, to voluntarily return home.
As a former Premiere and a leader in my country, I have not made that decision lightly. Therefore I could (not) and never will change my mind enroot to Turks and Caicos Islands. I therefore pledge to you and most importantly to the people of the Turks and Caicos Islands (that) if you withdraw the prison order and lift the Red Alert so that I can travel, my family will provide a plane for my return home, Officers from the Royal Turks and Caicos Islands Police force and/or Interpol can also accompany me on that direct flight to the Turks and Caicos Islands.
My word is my honor and at this stage all I have left is my word.
I (have) already spent six (6) weeks in prison in Brazil with no effort on your part, (no effort) on Turks and Caicos Government part, and (no effort) on the British part to have my safe return. If you are serious about even the appearance of Justice and not revenge and prosecution I ask that you in good faith re-consider your decision to reject my voluntary return. I again state that there is no need for a long and expensive process of extradition as I am willing to return voluntarily within 24 to 48 hrs of your agreement to have me return voluntarily.
The power is in your hands to do what is right and decent.
My trust as always is in my God.
Michael Misick
Former Premiere
of Turks and Caicos Islands
from Prison in Rio de Janero
BRAZIL
I served as Chair of the Consultative Forum during the public consultation process and legislative enactment phase for the implementation VAT in the TCI. Therefore I am very familiar with the procedural and substantive issues involved.
This gives me standing to assert the following without fear of any (fact-based) contradiction:
· VAT was the subject of thorough study and vigorous public debate for almost two years (beginning March 2011).
· With the UK publication of a Green Paper in April 2012 and a White Paper in July 2012, local political and business leaders, as well as ordinary residents, were given more than enough opportunity and time to express their views and concerns.
· Between 11 May and 7 June 2012 British officials conducted “a series of public meetings for people to learn more about value-added taxes expected to begin April 1, 2013” (Free Press, Thursday 10 May 2012).
· Business leaders (predominantly expatriate) expressed visceral opposition to VAT from the outset and executed a vigilant anti-VAT campaign throughout.
· The PNP are on record opposing VAT as early as July 2012. British authorities have been exhorting them since then to produce a viable alternative. PNP leaders have yet to do so….
· “Acting Gov. Patrick Boyle signed value-added taxes into law July 19, accepting several suggestions from the Consultative Forum and pledging to make more changes before VAT is implemented in the Turks and Caicos Islands on April 1.” (Free Press, 19 July 2012)
· The PDM are not on record opposing it until just weeks before the November elections.
To be fair and, more importantly, to keep our people properly informed, it is imperative to bear these facts in mind when discussing, and reporting on, VAT.
That said, let me assert for the record that I believe VAT is the best system of taxation for the TCI. Moreover, nobody can deny that that our current system – with its exemptions and loopholes that favor the rich – imposes an unfair and unsustainable burden on poor and middle-class TCIslanders.
But, like legislators of good faith in any Commonwealth country, I relied on the findings in thoroughly researched Green and White Papers in voting for VAT. I was also persuaded by the fact that several countries in our region, including Jamaica, Barbados and Antigua, established long ago that VAT is the most equitable, efficient and economically viable system of taxation for them.
By contrast, I remain stupefied by the failure of those opposing VAT to accept the UK government’s entreaty to come up with a fairer and more sustainable system of taxation. And since they will have had over two years to do so, their requests for a delay in the April 2013 implementation of VAT smacks of irresponsible contrivance not worthy of comment.
Nonetheless, I was bemused by the report in your lead article yesterday that “the fight against the imposition of value added tax (VAT) in the Turks and Caicos Islands (TCI) has now produced an unusual bipartisan unified front by the government and the opposition”.
After all, this is even more plainly futile than the UK and Denmark forming a unified front to fight against the implementation of the euro. Not to mention that this opposition against the implementation of VAT strikes me as just more of the same feckless defiance that characterized opposition to the suspension of our Constitution.
But surely our leaders should have learnt by now that merely hurling neo-colonial epithets at the British does not constitute effective local leadership. (Like President Obama said yesterday in his second inauguraladdress “we cannot … treat name calling as reasoned debate”.) More to the point, their antic disposition will do little to build the partnership with the UK that is so indispensable to our political viability and economic solvency.
As a case in point, I entreated local political leaders throughout the three-year interim period to work with us in the Consultative Forum to enhance our leverage in negotiations with the British. But instead of doing so they wallowed in some parallel universe where they felt it was more effective to dismiss the Forum as illegitimate and those serving in it as traitors.
This gave rise to their impudent pledges to repeal laws the Forum duly enacted. Indeed, the irony is that, where our Constitution granted the British the authority do everything they have done in the TCI, it does not grant our local leaders the authority to repeal or nullify anything. Alas, this irony seems completely lost on them.
Which brings me to my final, and perhaps most salient, comment:
As much as I sympathize with the frustrations and feelings of inefficacy amongst local leaders, I fear that they have not served our people well by continually vacillating between defiance and victimhood in their dealings with the British.
I note, for example, that finance minister Hon. Washington Misick has been quoted saying that VAT “is being forced down our throats” (CNN, 17 January 2013); whereas the uncontroverted facts delineated above make clear that nothing could be further from the truth.
By contrast I can cite numerous occasions when, in lobbying our British Governor and the head of all Overseas Territories to further the interests of TCIslanders, I had just cause to criticize the UK government. They never failed to accept my criticisms in a spirit of collegiality and, on more than a few occasions, made concessions pursuant to them.
Frankly, our local leaders are going to have to come to terms with the fact that we are still a UK Overseas Territory. Otherwise, their administrative impotence will be surpassed only by their political incompetence.
Apropos of this, I am acutely mindful that the PNP ran on a platform of independence. Therefore, it is stupefying that, instead of engaging the British to chart the course towards TCI independence, PNP leaders (often in concert with opposition PDM leaders) have done little more than complain about the way the British are exercising the authority duly vested in them by our Constitution.
Incidentally, like the enlightened people of Bermuda, I believe TCIslanders have far more to lose by becoming independent than we have to gain.
But it reeks of hypocrisy and cowardliness for local officials to continue mouthing rhetoric about independence without taking any steps towards it. Especially since they know full well that, far from standing in their way, the UK would be all too happy to cut the colonial chord of obligation that makes it, in effect, the parent of now notoriously unruly and ungrateful children.
In the meantime the only way our local leaders will earn the respect they clearly covet is if they begin showing more respect for the constitutional authority the British have to ensure good governance and sound management of our public finances.
They should beware, though, that if they push for independence, they might end up leading a parade with no one marching behind them.
