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British Not Serving The Best Interests of The Turks And Caicos Islands,by LILLIAN BOYCE

By Vivian Tyson- SUN Senior Editor

Former Deputy Premier Lillian Boyce says British direct rule was not in the best interest of the Turks and Caicos Islands, since they were not looking out for the benefit of the people of this country, but for themselves.
Therefore, she urged the young people to make themselves available for service to their country, so that the British would never again take what was rightfully theirs.
“Every one of our young people who have the ambition to enter politics, you should go forth and do it. Go and serve your country. Make that important contribution, so that they (British) cannot keep on bringing in these old, lazy, good for nothing, baldheaded, grey haired British People, who are sleeping on the job. You, Young people, who we are educated, take your position in our country because we certainly don’t need them to push papers,” Boyce said during a Progressive National Party rally on Friday night, March 30, at the PNP headquarters along Airport Road in Providenciales.
She said that the PNP trumped the Interim Administration on education at all levels, the management of the economy and human rights as a whole, and as such, there was no comparison between the two administrations.
“When we were the government, the PNP, and of course the PDM- because I prefer to have an elected government any day than this British colonial party – we cared about education. Now, hundreds of children are on the streets not being educated. Whether they are our nationality or whether they are our Caribbean brothers and sisters, it is important for our children, any children living our country, to be educated. Under an elected government, you know that we would educate our children from early childhood education to tertiary level. We have thousands of educated people today because of the education policy that we, as a government, had,” Boyce said.
On the matter of investment, Boyce said that the former PNP administration, through its policies, modernized the Turks and Caicos. She said however, that the British Government was planning to decimate all that was achieved.
“I sometimes wonder what would really happen if the international media would just take for a moment and find out what is happening in the Turks and Caicos. Many of you who had a piece of land to build your dream home or just to build a home, today you can’t even afford it. They have raised the price above affordability. Those of you whose children have finished college, the community college or high school, at least three years ago are here unemployed,” she said.
Boyce also lamented the massive cut in the civil service, which she said was designed to leave many on the street jobless in a shrinking economy.
She charged that a number of locals who had been axed from the civil service were frustrated out of their jobs by the Interim Administration, who wanted to replace them with UK workers.
“We have Dr. Ewing here, and Sonia Williams, who used to be my undersecretary in Education (Ministry); we have many other Turks and Caicos Islanders, who spent their last day in the civil service today (Friday, March 30), simply because the Brits want to push them out to bring in their lazy, good for nothing people, to go up on Grace Bay Beach to cool out; to live in big time hotels and cool out on our beach.
“Of course we have some Turks and Caicos Islanders, who love to lick, lick, lick (sell-out their own at any cost), but I am happy that people like Dr. Ewing and Sonia Williams told them to ‘go to hell’; ‘give me my package’ or  ‘I resign’; ‘I will definitely go and  serve my country’, ” Boyce noted.
Boyce said that she was happy that the rally attracted not only PNP supporters but also PDM sympathizers. Among the members of the audience was the PDM’s Secretary General Ewonka Selver.
CAPTION: Lillian Boyce delivers her speak at the PNP Rally

published in SUNTCI

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TCI CEO Patrick Boyle SNIPES at Political Parties

Chief executive officer of the interim administration, Patrick Boyle, took to the airwaves on the Expressions radio show last week to express his frustration with the criticism being leveled at the interim government. 

patrick_boyle.jpg
CEO Patrick Boyle

Boyle complained that both political parties have failed to provide “policy agendas” that lay out their plans for moving the county forward.

Boyle went on to say that the sole agenda of the interim government was to repair the damage caused by the previous administration of the Progressive National Party (PNP). 

“We are putting in place a government which places more power in the hands of the permanent secretaries and their deputies to lay the groundwork for future development,” he said. 

The CEO also spoke of the interim administration’s move to provide an improved civil service. This move has resulted in the hundreds of civil servants accepting payoffs to volunteer for permanent layoffs. This is costing the taxpayers of the TCI almost $8 million, with settlements described as “severance” ranging from $1,000 per person to one unnamed civil servant receiving a payoff of $194,000.

There has been no announcement by the interim administration for training of the current public service. This, it appears, is being left up to the permanent secretaries and their deputies, which by and large are the exact same people that have held these or similar positions throughout the removed PNP administration.

Boyle went on to point out that, in his view, political activists were wasting their efforts on chiding the interim government. 

The print media picked up on Boyle’s remarks and, in an article in last week’s TCI Weekly News, reporter Vanessa Marina reminded readers that, since the total reformation of the Peoples Democratic Party in November 2011, the party has remained silent, not releasing any plans for the country, opting instead to call for the earliest possible election. 

The Weekly News article reported that the PNP was concerned that the party might not survive the pressure being applied by the interim regime and the special investigation and prosecution team (SIPT). 

A dozen former PNP ministers, their attorneys, the current PNP leader and former Speaker of the House, plus their close relatives, are all due in court this month to answer a wide range of criminal charges. Also being charged are developers who are alleged to have provided bribes and very large campaign contributions to the PNP. Former PNP premier Michael Misick has refused to return to the TCI and is now sought by Interpol. 

The SIPT has indicated their investigation has uncovered evidence that could result in at least another 50 individuals being charged. Those charged to date have included only those connected with the PNP. 

The possibility of the end of the PNP was picked up by television when PTV 8 aired a review of the recent PNP rally, where the agenda was to call for the salvation of their headquarters building, which Attorney General Huw Sheapheard has said must be demolished because it was illegally constructed on Crown land. 

The television reporter said, “The pressure on the PNP party by the charges of corruption in government have seemed to challenge their existence.”
 published in TCI News

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DEMOCRACY IS IN DANGER IN TURKS AND CAICOS ISLANDS AND I AM A VICTIM

Democracy is in danger in Turks and Caicos Islands and I am a victim of this.

In July 2008 The Governor of Turks and Caicos – representing the UK Government – appointed a Commission to conduct an Inquiry into “possible corruption or other dishonesty” in Government. Hearings were held – presided over by His Lordship, Mr. Justice Sir Robin Auld – in January of 2009, concluding in February of the same year. In August 2009, His Excellency, then the Governor of the Turks and Caicos islands, Gordon Wetherell brought into force an Order in Council suspending portions of the Turks and Caicos Islands Constitution. Under this move Ministerial Government, and the House of Assembly – which is the only means of representing the people – was dissolved and all representative seats were vacated, with the promise of elections in 24 months. Amongst the astounding changes was that the basic right in the European Declaration of Human Rights to a Trial by Jury was also suspended, and confirmed recently by law. The sole political power in the Turks and Caicos Islands is now the Governor, appointed by the British government. He has appointed an Advisory Council and a Consultative Forum. However, as the appointment documents make clear, the Governor has no obligation to follow or regard their recommendations. This undemocratic move, which is totally inconsistent with Article I of the United Nation’s Charter on the Right to Self-Determination, is still the case in Turks and Caicos, and still, now nearly 2 and a half years later.

And still there is no date for elections.

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

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

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

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

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

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

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

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

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

I have appealed both actions.

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

I have been made a victim of the politics of Turks and Caicos. In English law, the saying is that “justice must not only be done, but it must be…seen to be done”. I speak now to warn that this is not the case in Turks and Caicos and to say that human rights, and property rights, democracy and justice are under threat in Turks and Caicos

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Leaked Statements Scandal in Turks and Caicos Islands

By Caribbean News Now contributor,02.04.2012

PROVIDENCIALES, Turks and Caicos Islands — The appearance in the public domain of witness statements by former Turks and Caicos Islands MP Karen Delancy and former politician Shaun Malcolm has provided considerable insight into local political events of recent years.

The Delancy statement was recently reviewed here, with the benefit of access to a complete copy of the actual statement. In contrast, Malcolm’s statement is notable for its extensive blacked out redactions.

Nevertheless, it has been learned that former Peoples Democratic Movement (PDM) leader Floyd Seymour was angered when he saw the statement because, according to Seymour, much of it is fabricated and only reflects the disappointments experienced by Malcolm in his political career. Seymour declined comment but he did say that he wished Malcolm well and was praying for him.

The statement does, however, provide insight into the operations of the PDM and the Progressive National Party (PNP) from Malcolm’s perspective. In the last ten years, Malcolm has had a foothold in both camps and at one time attempted to orchestrate a takeover of the PDM, with a view to getting himself appointed to parliament and then to become a PDM candidate for office. 

Malcolm was also a leading contributor to the TCI Journal weblog; however, the Journal has indicated that Malcolm has not submitted any articles for over a year. 

What has brought Malcolm’s activities to light is the sudden appearance of his 16-page witness statement dated October 2010, apparently for the use of the special investigation and prosecution team (SIPT). 

The source for the apparent leak of the statement has yet to be identified; however, attorney general Huw Shepheard has threatened to bring legal proceedings against those responsible for disclosing the documents to the media, effectively confirming that the documents in question are in fact genuine.

According to local sources, physical copies of both statements are reported to have first surfaced during a meeting at “Gillys Restaurant” at the Provo Airport, which is owned by former premier Galmo Williams.

In his statement, Malcolm claims to be a politician and also a “civic leader”, and goes on to describe how, as a member of a singing group that performed at political functions, he became acquainted with various politicians from both political parties in the TCI. 

This, he says, caused him to choose to become active in the PNP in 1997, becoming chairman of the Provo Branch of the PNP until 1999, when he ran for office as a PNP candidate but was unsuccessful. Records indicate that, as a candidate, he received a minimal number of votes. 

At that election, the Derek Taylor-led PDM government was returned to a second term, after having defeated the Washington Misick PNP administration, which served one term beginning in 1995.

Despite his defeat, Malcolm says he remained active as a PNP member until 2002. This was approximately one year before the 2003 election. In the Malcolm statement he reports that the reason for his leaving the PNP was the coming to power within the party of Michael Misick. Malcolm says he forecast Misick to be self serving political leader. 

Malcolm goes on to say that the PDM (then led by Taylor) approached him in 2002, the same year he left the PNP, asking his advice on how to counter Michael Misick as the opposition leader. Malcolm says he then joined the PDM and was appointed by the Taylor-led party as national campaign manager for the 2003 election.

While the PDM party headed by Derek Taylor was based in Grand Turk, they did have a successful member of parliament at that time in Clarence Selver of North Caicos (Michael Misick’s home island) and former MP Sam Harvey of adjacent Middle Caicos. 

In the 2003 election, the eight-year-old PDM administration lost, due to marginal wins and the reversal of two election districts during a by-election. The by-election resulted from witnesses saying they were offered bribes by a PDM operative for their votes. 

Malcolm says in his statement that, during his tenure as campaign manager, one campaign donation alone from Jack Civre of Seven Stars resort amounted to $400,000. It has long been held maintained by then PDM leader Derek Taylor that the witnesses who claimed they were offered bribes were themselves bribed by the PNP to give false testimony. However, they were never investigated or charged with perjury and it is not known why Taylor maintains this position.

Malcolm continues his statement saying he became the Provo Branch chairman of the PDM in 2003 and PDM national chairman in 2004 serving until the June 2008 convention. During this period, the Taylor-led opposition, despite allegations of corrupt activities within the PNP government, was unable to unseat Michael Misick. 

By 2006, the PDM opposition was being led by Floyd Seymour.

Malcolm then refers to a November 2007 trip to London taken by the PDM executive group, which called on the British Foreign Affairs Committee (FAC), carrying evidence to support their claim that the Misick-led government was not operating according to well established policies, was breaking the law and engaging in corrupt practices.

In a public announcement, the FAC in late 2007 indicated they had received more information complaining about the PNP led administration than the other 13 overseas territories combined.

In 2007, the FAC undertook its ten-year review of the governance of all 14 British overseas territories. 

In fact, the evidence received when the announcement was made in November 2007 was arriving so fast and in such a quantity that the FAC extended the deadline for submitting more evidence until January 31, 2008. Normally the deadline would have been December 2007.

In the Malcolm statement he suggests the PDM group was shunned by the FAC, “We were told to go away.”

Malcolm goes on to say the FAC wanted the information formalized and this assignment fell on then leader Floyd Seymour, who as leader would have headed the mission to London.

According to law, the opposition leader Seymour (a CPA and financial planner as well as a real estate agent) headed the Public Accounts Committee, which reviews all the invoicing and payments made by the incumbent (PNP) government. While serving in this capacity, Seymour called 33 meetings, summoning the PNP administrators to bring their records for review. A number of these meetings ended up being canceled due to non-attendance by members of the PNP government. However the majority of the meetings went forward and Seymour was in a position to use the records as evidence of malfeasance in office. 

All of the meetings were recorded on audio tape and submitted to the then parliamentary clerk Ruth Blackman for transcription to writing. Blackman, who failed to perform this assignment, is now retired and has been announced to replace Robert Hall as the host of the radio show Expressions. However, the audio tapes remain to document the meetings. 

At the June 2008 PDM convention, Seymour presented to approximately 100 delegates a copy of the massive bound report of his findings, which he had sent to the FAC months earlier. 

The Malcolm statement then reports that while visiting London in May on other business, he became aware that the evidence had not reached the FAC from Seymour at that late date. 

Malcolm claims that further evidence of Seymour alleged failing to submit the formalized evidence was when FAC members Sir John Stanley, accompanied by British MPs Greg Pope and Paul Keetch, visited TCI in March 2008 on the heels of a visit days just earlier by Labour MP and Overseas Territories Minister Meg Munn and then Director of Overseas Territories Leigh Turner. However, the way events played out it appears the opposite is true.

At that earlier meeting Munn met with then governor Richard Tauwhare and premier Michael Misick. The Munn report coming out of the meeting was “no findings of serious corruption.” This appears to have been one reason behind the FAC official visit, which happened shortly thereafter. In fact, after a very brief visit and before leaving TCI, Stanley told the media that his information varied widely from Munn’s report. 

It has always been assumed that it was the evidence sent to the FAC months earlier, joined with the Seymour evidence, would have brought both the visit and the results of the Stanley visit. Numerous people, including Seymour, had reported that when they attempted to send evidence to Munn she shunned the submissions with the message to direct the information to then Governor Tauwhare.

Within days of returning to London, during a public hearing the FAC had the FCO on the spot for the FCO failure to recognize what was going on in the TCI. Shortly after this hearing in April 2008, Munn was replaced as overseas territories minister and Turner was reassigned to the Ukraine.

Shortly after the PDM convention that confirmed Seymour’s leadership, Governor Tauwhare stunned the TCI with an announcement that he himself had called for a Commission of Inquiry shortly after his arrival in 2006. However, Tauwhare himself allowed the Misick government to lease him an upscale condo in Provo for the balance of his tenure (until July 1, 2008). Tauwhare asked the FCO to have his tenure extended but was refused.

According to local sources, this portion of the Malcolm statement appears to be a fabrication. In fact, in May and June 2008, when Malcolm was planning to attempt a move from national chairman to leader of the PDM, he visited several convention delegates, telling an entirely different story. 

At that time, he reportedly told the delegates that the singular purpose of his May 2008 trip was to deliver copies of the evidence collected and compiled (apparently by Seymour). Malcolm told the delegates in face to face meetings that he received a “message from God to travel to London for this purpose.” 

The Malcolm story was delivered during a campaign around the islands by Malcolm, accompanied by attorney Finbar Grant.

Malcolm and Grant announced they were planning to contest the party’s leadership and deputy leadership at the June 2008 convention which was then only weeks away. The pair nominated each other at the convention but only received three votes each. Seymour was reconfirmed as leader at this convention.

In fact, on page six of his October 2010 witness statement, Malcolm claims that he has never seen a formal copy of the Seymour report. This, of course, cannot be true because the report was brought to the June 2008 convention by Seymour and presented for review by the approximately 100 people in attendance, including Malcolm himself.

Malcolm’s statement claims that he was nominated to return to the post of national chairman but he refused the nomination. He fails to mention the nomination came from his associate Finbar Grant.

Malcolm left that convention after being soundly defeated for party leader and says in his statement he never returned to party functions. 

Malcolm then takes up the issue of a 2007 election candidacy, which he claims was changed. Cheryl Astwood Tull had been selected as a PDM candidate for the February 2007 election. According to Malcolm’s statement, as national chairman, he was asked to offer a bribe to Tull to step down so he could run. Other sources in the PDM confirm that Tull did indeed step down from her candidacy because now treasurer of the PDM Dwayne Taylor had the desire to run in Tull’s assigned district, Provo’s Cheshire Hall.

The payment to Tull is said to have been compensation for campaign paraphernalia, tee shirts, banners, advertisements and the like, for which Tull presented invoices. Dwayne Taylor did run in Cheshire Hall and lost the seat for PDM. Dwayne Taylor’s former seat in West Road (Grand Turk) was also lost to the PDM, being captured by Samuel Been, former husband of Lillian Boyce. Only Seymour and Arthur Robinson won seats in the 2007 Michael Misick landslide victory

Malcolm, then PDM national chairman, claims in his statement that he did not know where the money came from to satisfy Tull’s claims. He then states he was told by Arthur Robinson the contribution in the 2007 election coming from Jack Civre was only $20,000. Malcolm contends he was told by another it was $100,000. A recent review of the PDM accounts by then treasurer Sharlene Gardiner reveals that the donation was in actuality $25,000 not $100,000. 

Further, Shaun Malcolm claims that Tull and himself were both slated by the PDM executive to be the party’s appointed member of parliament after the PDM lost the 2007 election in the PNP landslide victory. Malcolm bemoans the fact that Douglas Parnell, then president of the Provo Chamber of Commerce, eventually received the appointment. Such appointments are controlled by the party

According to the delegate from North Caicos that actually nominated Parnell as the PDM’s appointed member, Parnell was known to be a lifetime supporter of the PDM, and he hailed from North Caicos, which would provide some balance, as the other elected PDM members of parliament held seats in Grand Turk.

The Malcolm statement then turns back to the PNP, where he complains that, after being awarded Crown land in the Chalk Sound area, his lease was not upheld and it was given to a PNP supporter.

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Result of PNP Party Rally in Turks and Caicos Islands

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Coming TOGETHER for the COUNTRY

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Turks and Caicos Island’s Watergate Scandal Part 2


By Caribbean News Now contributor,on 26th of March.

PROVIDENCIALES, Turks and Caicos Islands — Following the mysterious leak of witness statements claimed to be from the files of the special investigation and prosecution team (SIPT) in the Turks and Caicos Islands, in circumstances reminiscent of the infamous Watergate break-in of the 1970s in Washington, “Statementgate” continues to be a source of much local interest, with the witness statement of Karen Delancy being dissected both for the information it contains and for the historical scenario the former Progressive National Party (PNP) minister of health describes.

karen_delancy.jpg
Karen Delancy

According to Delancy’s witness statement, at one of the first meetings she attended with then chief minister Michael Misick, he laid out a plan to set up an Integrity Commission to investigate the dealings of the Peoples Democratic Movement (PDM), which he said at the meeting was known to be corrupt.

This meeting occurred shortly after the by-election in 2003, when Misick was able to reverse the results of the election earlier that year, which had given a third term to then chief minister Derek Taylor and his PDM party. The election results were close in two districts and Misick claimed that voters had been bribed by PDM operatives. During a court hearing, witnesses confirmed this, which resulted in a by-election that reversed the results, handing the government over to Misick and the PNP. 

Taylor has claimed that the witnesses themselves were tainted, not truthful in their testimony and later were arrested and served prison time for non-related offences (not perjury). This has, however, not been confirmed.

Delancy’s 26-page statement dated June 27, 2011, lays out a story of a regime wherein Misick himself became increasingly dictatorial and was openly critical of Delancy as then health minister for her plans to build two hospitals: one in Grand Turk with 15 beds and one in Providenciales with 40 beds. During the previous PDM administration, Taylor wanted to build one hospital on his home island of Grand Turk.

She also paints a picture of increasing involvement by Dr Rufus Ewing in the management of the health system of the TCI. Most of what was actually occurring was not in conformity with the plans she had laid out as health minister, Delancy says.

“[F]rom the day I took up my post I believe that Dr Ewing opposed everything that I had set out to do,” she says.

She explains from her perspective how she was leveraged out as minister and how the ministry was partitioned and assigned to others, with then deputy premier and finance minister Floyd Hall carrying the title of health minister but only handling the financial aspects of the hospital construction.

The witness statement describes how another former minister, McAllister Minister, Hanchell began to monopolize valuable commercial land acreage near the airport and ports with the goal of installing a fuel tank farm.

Delancy by that time had become a backbencher and claims she was told that backbench members of the House of Assembly were not qualified to obtain the choice land and business assignments being passed out to ministers. 

She then describes what happened after the hurricanes in August-September 2008. She says that in the budget address (April 2008) of that year finance minister Floyd Hall claimed the finances of TCI were in surplus, but surprisingly there were no funds available to deal with the aftermath of the hurricanes. She says the country and the PNP party were angered when then premier Misick ignored the crisis and left the country. 

The twice-elected MP then tells how the parliament became increasingly disappointed in the premier’s management or lack thereof. 

She mentions the motion of no confidence brought before the House by opposition members (Seymour, Robinson and Parnell) but does not describe how the Speaker avoided having the motion acted on. Then she goes on to describe events that ended in the premier’s resignation, saying it was more of a PNP party decision and not one made in parliament. The decision she says involved non politicians Arial Misick and Carlos Simons, who acted as an adviser to those who wanted Misick removed and as a intermediary between the PNP and then Governor Gordon Wetherell. 

She indicates that, in the early stages of the no-confidence move, Floyd Hall was the leader. Then she tells of a meeting between her and Misick, where Misick apologized for treating her badly and offered to make her the first female deputy premier in exchange for her support. Delancy then says that Misick told her that Hall had made more poor deals than he (Misick) had and that Floyd Hall’s relationship with Delroy Howell of Southern Health Network had increased overseas health costs from $10 million to $40 million per year.

According to Delancy, most of the PNP parliamentarians were angry at Misick because they were not included in either the sand mining “deal” to sell sand overseas or other government manipulations. Another former PNP minister, Lillian Boyce, reportedly complained because her husband Hayden Boyce (the editor of the Sun newspaper) ought to have received $15,000 per month as an “adviser” to the government. 

Delancy claims she was stunned when she learned that Lillian Boyce and Greg Lightbourne, who were part of group attempting to remove Misick, “jumped back into bed with him.” (Boyce became deputy premier and Lightborne minister of land.)

According to the Delancy statement, she received campaign donations leading up to the 2007 election of $11,000 in total, from Clive Stanbrook ($1,000) and David Smith $10,000). Only later did she learn that Smith headed a Ponzi scheme, she says.

Delancy says that her second cousin Jen Messam and husband Rex Messam were close friends of David Smith and were also part of a social circle including Floyd and Lisa Hall. Michael Misick, Galmo Williams, McAllister Hanchell and Lillian Boyce were also said to be part of the same group.

Messam reportedly delivered the cheque for $10,000 from Smith to Delancy.
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HUMAN RIGHTS IN TCI ARE SUSPENDED FOR FIVE YEARS

Written by A.Mark Fulford,Turks and Caicos Islands,on 17th December 2009

Could it really be the UK intentions to withhold the right of freedom of expression to vote for up to five years? This is a discussion worth having.

Deciphering the recent answer by Chris Bryant in the UK Parliament to the question of the recent suspension of human rights legislation in the Turks and Caicos Islands, it seems that the UK has no intentions of returning power to the people in 2011.

Bryant states that the UK has gotten approval to withdraw the right of freedom of expression to vote for up to five years from the Governor, the TCI Advisory Council and the TCI Human Rights Commission.

Notice, Bryant did not state that approval was given by the people of the TCI, it cannot be inferred that approval was given by the TCI people simply because the interim government gave approval. The interim government was not elected by the people so they cannot and do not speak on behalf of the people of TCI according to the UN Charter.

Braynt further states that “this withdrawal is for a limited period until reforms have been implemented and elections held by July 2011.”

If the withdrawal is truly only for a limited period until July 2011, then why was it necessary to get FIVE YEARS approval.

READ IT AND YOU BE THE JUDGE.

Turks and Caicos Islands: Human Rights

MR. HOYLE: To ask the Secretary of State for Foreign and Commonwealth Affairs what assessment he has made of the effects of the recent suspension of human rights legislation in the Turks and Caicos Islands; and if he will make a statement. [307236]

CHRIS BRYANT: While parts of the constitution have been suspended, the fundamental rights and freedoms of the individual are still protected under part 1 of the Turks and Caicos Constitution Order 2006, which remains in force. The Turks and Caicos Islands (TCI) Constitution (Interim Amendment) Order 2009 has removed the constitutional right to trial by jury in certain criminal cases.

The Order in Council suspending ministerial Government and the House of Assembly for a period of up to two years was brought into force on 14 August 2009. The order left the human rights provisions of the constitution in place except for the constitutional right to trial by jury in TCI, which was suspended. This provides the possibility in future of having trials by judge alone in the TCI Supreme Court in appropriate cases. This is wholly consistent with the European convention on human rights, which does not require trial by jury. A number of countries have criminal trials without a jury and even in the UK there is no right to trial by jury in every case.

On suspension of the House of Assembly, the UK withdrew its acceptance of protocol 1, article 3 of the European convention on human rights in respect of the Turks and Caicos Islands, which requires contracting parties to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature. However, this withdrawal is for a limited period until reforms have been implemented and elections held by July 2011.

With the approval of the Governor, the TCI Advisory Council and the TCI Human Rights Commission, the right of individual petition, which had previously been accepted in respect of TCI for FIVE YEARS was accepted on a permanent basis in October.

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British Government will demolish PNP Headquaters

The British-appointed Interim Government of the Turks and Caicos Islands has filed documents in the High Court here, seeking to “pull down and destroy” the headquarters of the Progressive National Party (PNP) in addition to the repayment of nearly half-million dollars which the state says the party owes for illegally constructing the building on Crown land.
The announcement of the demolition of the PNP headquarters was contained in a Government press release which was issued Tuesday March 20th, a day after the Special Investigation and Prosecution Team (SIPT) said it had secured an international arrest warrant through INTERPOL for former Premier and ex-PNP leader Michael Misick, who has since revealed that he has sought political asylum in an undisclosed country because of “political persecution” by the United Kingdom, Governor Ric Todd, the Interim Government and British Special Prosecutor Helen Garlick and her investigators.
The Government release stated that on March 13th 2012, the Turks & Caicos Islands Government served civil proceedings on the Progressive National Party seeking the recovery of the land upon which the PNP Headquarters is constructed, together with damages. The claim arises from the PNP’s trespass following its construction of the PNP headquarters on Airport Road, Providenciales on Crown land to which it had, and has no title, the government said.
According to the press statement, after construction of its headquarters in 2005 to 2006, the PNP subsequently appointed a management agent, Provident Management Services Ltd to manage the property.
The Interim Government is claiming that during the last administration, Provident sub-leased six offices in the headquarters to the six PNP MPs who were based on Providenciales for a total of $465,083.61 over approximately three years, which was paid by the Government at that time. The SUN was able to confirm that the six PNPs who were based on Providenciales took a decision that was approved by Cabinet and the then Governor, that they would pay the allowances to which they were legally entitled for rental of constituency offices to assist in paying the mortgage for the PNP headquarters which was a centralised location, instead of paying the money for rent elsewhere.
However, the Interim Government is seeking the return of that sum, to which they claim Provident was not entitled together with other damages.
According to the press release, Government is also seeking a number of remedies for the trespass, including: damages for the PNP’s trespass on the land, based on a reasonable annual rent until possession of the land is returned to the Crown; the repayment of the $465,083.61;  an order that the headquarters are pulled down and destroyed;  damages for returning the land to its former state; and  interest and costs
Attorney General Huw Shepheard commented: “When the current administration first became aware last year that the PNP’s headquarters had been built on Crown Land to which the PNP had no title, my Chambers wrote to the PNP setting out the claim that the Government had. It had been our hope that matters could be settled amicably without the need for proceedings. Unfortunately, discussions with the PNP have not been successful. In those circumstances, the Government has been left with no choice but to bring these proceedings for trespass and damages to recover this plot of Crown land and what is properly owed to the Government”.
The Statement of Claim, which was filed in the High Court on January 13, 2012, stated that on 30 November 2004, Leroy Charles, the Director of Lands and Surveys prepared a memorandum that concluded that a previous lease over the land, held by Mr. DeOwen Higgs, had expired on 28 November 2004 and that Mr Higgs had failed to construct any development and was no longer in occupation of the land.
Mr Charles advised that the land comprised 0.75 of an acre and had an open market valuation of $50,000. It could be leased to the PNP at $1250 per annum and would incur a discounted freehold purchase price of $25,000.
Mr Charles concluded that the land could be leased to the Defendant for the construction of its headquarters once the lease to Mr. Higgs was cancelled.
On 22 March 2006, Williams Drafting , on behalf of the Defendant, applied for Development Permission over the l and. According to the AG’s court papers, at Part 3(i) of the application, the PNP mis-represented that it was the owner of the land. The application was approved by the Physical Planning Board on 23 March 2006 on the basis of this misrepresentation, an on or about 23 March 2006, the PNP wrongly entered the land and as an act of trespass commenced construction of the headquarters.
On 9 June 2006, the Department of Planning received an application for temporary electrical connection during the construction of the Headquarters on the land and on July1,  2007, the PNP agreed six Commercial Leases for the rent of constituency office space in the headquarters, Each lease was agreed for the term of 1 July 2007 until 1 July 2010 at rent of $2,350 per month (totaling$28,200 per annum for each lease) as well as a security deposit of $2,000 to be paid by TCIG under each lease.
Ruth Blackman, Clerk of the House of Assembly, executed the leases for TCIG on behalf of the following
Members of Parliament: Hon. Karen Delancey, MP for the Bight; Hon. Wayne Garland, MP for Richmond Hills; Hon. Gregory Lightboume, MP for Blue Hills; Hon. Amanda Misick, MP for Cheshire Hall; Hon. Lillian Boyce, MP for Five Cays and Hon, Galmo Williams, MP for Long Bay.
The PNP was the Government of the Turks and Caicos Islands from 2003 to August 2009, when the United Kingdom imposed direct rule, suspended parts of the Constitution including ministerial posts, the House of Assembly and the automatic right to trial by jury.In a press release issued Tuesday evening, Queen’s Counsel Carlos Simons, the lawyer for the PNP, said the party is “committed to rigorously defending and defeating these spurious claims brought by the Interim Government, purportedly on behalf of the people”.
Simons stated: “I do not consider that TCIG has as yet “served civil proceedings on the Progressive National Party” as the statement asserts. I believe that their method of service does not meet the requirements of TCI procedural law and until the mistake is corrected, the Party has no formal notice of the proceedings and does not have to respond. That issue has been brought to the attention of the Attorney General’s Chambers, but might in the end require the attention of the Court.”
The Queen’s Counsel said he believes that the trespass claim is “entirely misconceived”, because the Party has been in open possession of the Airport Road property since at least 2005 with the full knowledge of the leaders of every Government Department concerned with dealings in crown land and with their acquiescence, if not consent.
This, he said, includes the then Governor, Richard Tauwhare who throughout remained the ultimate authority for the management and disposition of crown lands.
Simons added: “This is the same Governor of whom and from whom the people of the TCI have heard nothing since his departure and in respect of whose role in the matters now under investigation no one in the FCO has seen fit to explain. That is disrespectful. Provident Management Services Ltd did not sub-lease six offices in the Headquarters building to PNP MPs. Provident leased the offices to TCIG. Those leases were signed off on behalf of TCIG by the Head of Department having control of the relevant vote. Furthermore those leases were identical to leases entered into by TCIG in Grand Turk, South Caicos and North and Middle Caicos for the constituency offices of Members of Parliament, including constituency offices for PDM Members of Parliament. That assertion is therefore false.”

Simons said the PNP has never disputed TCIG’s right to a reasonable annual rent, nor payment of the market value of the land.
“That is therefore a non-issue, the litigation of which can only be justified in the context of the gravy train that the SIPT and Civil Recovery teams now ride on the backs of the TCI people,” Simons added.
“As for damages for trespass, I believe any reasonable person would agree that the land has been developed and improved rather than injured. I would also be surprised if anyone, regardless of their political allegiance would agree (even if TCIG were to win its case) that pulling down and destroying a perfectly good building makes any kind of sense. The settlement discussions to which the AG refers were not successful because they were not undertaken in good faith by him and his clients, the Governor and the FCO. They are hell-bent on issuing this final embarrassment to the PNP as an institution. The Party is hell-bent on ensuring its survival as a pillar of the parliamentary democracy that our constitutions since 1976 have provided for, and to ensure that the Party is a force for good in the affairs of our country.”
Simons concluded by saying: “I am specifically instructed to call upon the AG, the Governor and the FCO to withdraw these unnecessary proceedings, the consequence of which will only enrich the Civil Recovery team lawyers at the expense of the TCI taxpayer. In keeping with my instructions I invite the AG and the Governor to return to the negotiation table and make a good faith attempt to reach a reasonable settlement of these issues and thereby save some of the $33 million they have committed the TCI people to paying their lawyers over the next several years.”
Published March 20th at 4:53 pm in SUN,Leading newspaper in Turks and Caicos Islands

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What is happening in Turks and Caicos Islands with British Direct Rule?



PROVIDENCIALES, Turks and Caicos Islands — Shaun Malcolm, former chairman of the Peoples Democratic Movement (PDM), and Oswald Skippings, former chief minister of the Turks and Caicos Islands and former deputy leader of the PDM, both strong advocates for the suspension of the constitution and the removal of the democratically elected Progressive National Party (PNP) government along with their own party’s parliamentary representatives, have now apparently reversed their positions. 

The pair has recently openly attacked the interim government, with Skippings publishing two controversial opinion pieces, where in one he gave a pass to now disgraced former PNP premier Michael Misick, claiming that Misick was not the master or the mind that masterminded the corruption in the Turks and Caicos Islands. In the other commentary, Skippings protested that there seemed to be little benefit in removing a corrupt regime. 

Shaun Malcolm, on the other hand, has recently had several letters published in the TCI Journal weblog. These letters were apparently published with the intent of exposing the alleged corruption of the interim administration. 

Malcolm is believed to have been the only person that appeared on behalf of the TCI Journal at press conferences hosted by former Governor Gordon Wetherell. Local sources have reported that Malcolm and TCI Journal co-founder Gurcharan Singh are currently facing legal difficulties in the United States, UK and Canada. Singh is said to have fled the South Florida area to hide from creditors and civil law suits that allege serious financial wrongdoing. 

These former supporters of British direct rule seemed hopeful that their commercial activities would be supported by a British-led Government in the Turks and Caicos Islands. 

An aviation company formed by Malcolm and another PDM national governing council member who openly campaigned for Skippings to become leader at previous PDM conventions, was touted as having secured some 99 acres of very valuable land in the Providenciales International Airport on a long term lease. This transaction alone would have made them all instant multimillionaires. Land around the airport sells for $500,000 per acre. The transaction was supposedly backed by an expatriate developer of the exclusive Aman Resort in Providenciales, where the hotel villas rent for some $15,000 per week. 

Former premier Michael Misick had alleged that former Governor Gordon Wetherell was bestowed with lavish gifts from the resort in exchange for favourable immigration appeal decisions but this was denied by the former governor. 

However, sources within the interim government allege that the proposed airport transaction reeked of favouritism and special treatment and the interim government would not be in the business of making instant multimillionaires with Crown land as the main variable in the transaction. Malcolm’s local company apparently invested nothing in the transaction but was using local contacts and purported support of the British government as leverage. 

In any event, the airport deal has now apparently collapsed, with the Turks and Caicos Islands Airports Authority (TCIAA) entering into a commercial transaction with international ground handler ServiceAir. 

A complaint over the ground handling matter has been lodged with the Foreign and Commonwealth Office (FCO) by another local supporter of the suspension of parliament, Albray Butterfield Jnr, who owns TCA ground handling. He was also the choice to be deputy leader of the PNP but later had to resign after a majority of PNP national governing council members voted against the appointment. Butterfield has complained that the government should not be in the business of competing with local business. 

Now that the multimillion dollar deals have soured, these former politicians and strong supporters of the suspension of the constitution appear to have turned against the British government. 

Butterfield has now sent another open letter accusing the governor of various nefarious deeds.

published on 10th of March 2012 in Caribean News Now