Dellis Cay developer Dr. Cem Kinay says a red notice has been issued for him to be brought back to the Turks and Caicos Islands.
In a press release sent to The SUN from Istanbul, Turkey, said: “After 35 years of successful tourism and real estate investment experience, I have encountered a new experience today. I learned that a Red Bulletin is issued for me to be taken back to Turks and Caicos Islands. I have been fighting my political and legal struggle with the Turks and Caicos Islands Government since 3 years.”
In March this year, the Special Investigation and Prosecution Team (SIPT) confirmed that an international arrest warrant has been issued for former Premier of the Turks and Caicos Islands, Michael Misick in connection with allegations of corruption and money laundering.
Back then, the Helen Garlick-led Special Investigation and Prosecution Team (SIPT) said they obtained the arrest warrant and a “Red Notice” which was authorized by the International Criminal Police Organisation (Interpol). However, they have not issued any such notice to the media regarding Dr. Kinay, who is known to be wanted for questioning in relation to allegations of bribery allegedly involving Misick.
Dr. Kinay did not elaborate on the circumstances surrounding his red bulletin, but he stressed that he is being victimised.
He stated: “My companies have invested in Mandarin Oriental Dellis Cay and Joe Grant Cay projects since 2005 until August 2009. We were the largest investor of TCI history. The total investment was going to be around $ 1 billion. I believed that the unique nature of my development would contribute to the cultural development of the islanders who embraced me with much interest. However, ex Premier Michael Misick’s deteriorating relations with England, the political conflict between England and Turks and Caicos Islands and the alleged corruption resulted in the intervention of the British government to the island. Misick was dismissed, Parliament abolished, and constitution was suspended. Our investments came to a complete halt. I lost all I have to the funding banks.”
He added: “The perfectly legal political donation scheme that existed in the islands for many years was turned into a corruption scandal. To prove Misick is guilty, we were chosen as targets. I am a victim of politics, and I am innocent. I did not receive any benefits for any of my political donations. I will continue my defense in the international level.”
Interpol requests are normally issued for the arrest of wanted persons with a view to extradition. An Interpol Red Notice is the closest instrument to an international arrest warrant in use today. Interpol does not have the authority to issue arrest warrants in the formal sense of the word, as this is the domain of the sovereign member states.
An Interpol notice or international notice is issued by Interpol to share information between its members. There are seven types, six of which are known by their colour codes: red, blue, green, yellow, black, and orange. INTERPOL will only issue notices if it is satisfied that all the conditions for processing the information have been fulfilled.
Dr Kinay practiced medicine at the General Hospital of Vienna in Austria. He received his PhD from the University of Vienna Medical School in 1984. He is a Turkish and Austrian Citizen, Belonger of Turks and Caicos Islands. In 1987, Magister Oguz Serim, his other Austrian citizen partner, and Dr Kinay set up a tour operator by the name of Gulet Touristik, the largest tour operator in Austria. In 1990, they founded the Magic Life Group. Magic Life owned and managed luxury properties in Turkey, Greece, Tunisia, Spain, Egypt and Bulgaria. In 1997,they established a further tour operator, Gulet Touropa Touristik. In 2004, they sold Magic Life and Gulet Touristik to the German tour operator TUI AG, one of the world’s largest tour operators.
Dr Kinay is widely recognized for his contributions to the travel industry, In 1996 he was lauded as Austria’s “Tourism Manager of the Year” and in 1997, as “Man of the Year” and Finally on 2007, he has been honored with “State Medal Of Austria”.
They are a lot of discussions regarding recovery of Joe Grant first through SIPT in Turks and Caicos Islands 6 months ago and now the statement of Governor Todd,that through recovery of Joe Grant they will cover the UK Loan about 200,0 MIO USD???
Nobody would like to wait the court decisions.
Is it possible to cover the SIPT costs and fundings through recovery of Joe Grant?Is it true or is it only a story to get the people of TCI calm about the costs and fundings of SIPT?
Or is it an international Scandal?
This Cay is one of the less known cays, and its story came up to the attention of the TCIlanders because of bribe allegations in Turks and Caicos. Dr Kinay, What is Joe Grant Cay?
Joe Grant’s Cay is a beautiful but remote, uninhabited 712 acres cay located in a remote section of the archipelago between Middle Caicos and Easy Caicos. It is accessible only by sea. The last time I took a boat to visit it, it took me 2 hours from Providenciales to get there. This Cay has no dock, no road, no electricity, no water neither any form of other infrastructure. It is inhabited like East Caicos. The cay is composed mainly of consolidated rock with the ocean frontages consisting of either sand or “iron shore”. The elevation is low and the shallow water depths at some parts of the island for do not allow visitors to access other areas. These difficulties do not discourage us, as at the end, when properly developed, this Cay is a beauty.
We have bought 200 Acres of this island on June 20, 2008 from the Crown through a transfer of title executed by the former Governor., Hon Richard Tauwaree and 5 months later on November 7, 2008, the former Governor, Hon. Whetherell has executed a Development Agreement with us for the development of the whole island.
What was the role of you in this project?
When I first came to Turks and Caicos Islands in 2005, I had already my development company O Property Collection in Austria. This company is where I, and my partner Oguz Serim offer our development advice to projects. O Property Collection has, from the first days of this project, ,is acting as “developer” bringing its expertise, in construction, sales, marketing. The center of any development is people. Community is very important. My company’s vision is to create design driven projects. God has already placed a beautiful design for Dellis Cay and Joe Grant Cay, it is now up to us, with respect, to treat these beauties with the best architecture and standards there is.
What do you want to develop on this island Joe Grant?
We wanted to develop the island with an environmentally friendly small Hotel and then Homes in the natural surroundings. We have retained top environmental engineers from Florida, and we started immediately the process of Environment Impact Assessment. We designed our project with a high-class architect from italy, and have signed a brand and management Indent with a very famous brand. The most important consideration though is that this will be a low density and green development.
When you first heard of Joe Grant Cay? How did you get involved?
I first got interested in Joe Grant Cay In December 2006 when I was informed that negotiations with some developers for a proposed project on Joe Grant’s Cay had run into difficulties and I was asked whether I could be interested to take this development further. The Government already had a price for sale on the Cay, US$5 million according to a formal offer that the former Government had placed before the previous developers in November 2006. My initial views for the Cay was that it was a remote location, no infrastructure and it involved Crown Land, and that meant the need of a Belonger Partner. I was not familiar with this process as my first investment Dellis Cay, is a private transaction and does not involve any Crown Land.
Did you know any of the previous developers?
I understand from the discussions in the past years that there were a number of developers who wanted to take this Cay prior to my involvement in early 2007. I do not know and have never done any business with the gentleman named at the discussions at the Commission of Inquiry,. whether in relation to Joe Grant’s Cay or otherwise.
Who is you local/belonger partner by Joe Grant?
I was already heavily engaged in our Dellis Cay project, and having regard to the Crown land policy (of which I was then aware), I thought it sensible to have a belonger partner in the development. In that respect, a company called Oceanic Development Ltd owned by Don Gardiner became my partner. I respected Don very much whom I already knew socially. As you may recall he was the President of the Turks and Caicos Islands Tourism Board. I understood that Don was involved in the development prospects of Joe Grant Cay with the previous developers so he was very familiar with it. We have executed a Joint Venture Agreement with Don’s company in January 2007, and became partners in a company called Caicos Platinum Ltd, a company that was the recipient of the first formal offer of US$5 million from the Government back in November 2006.
When did you buy Joe Grant Cay?
See, that has never happened. We did not buy Joe Grant Cay. We bought the freehold of the 200 acres of Joe Grant Cay, and the rest (512 acres) is provided to us by a Conditional Purchase Lease through a development Agreement. I am not sure whether you followed it, but this island was first offered at US$5 million to Caicos Platinum Ltd, when that company was owned by previous developers. Then, 200 Acres of it (approximately 30%) was offered to us at $2 million in early June 2008, by the decision of Cabinet, led by His Excellency the Governor Richard Tauwaree. At the specific instance of the Government (and with some reluctance on our part given the risk to which we were thus being exposed in advance of the conclusion of a development agreement), we were asked to close the purchase of the 200 acres hotel parcel on an urgent basis, apparently because of very low cash flow issues at Government level. Having agreed to do so, the Governor again changed its mind, obtained a new valuation by a third-party QS and informed us on June 19th, 2008 that the price of the hotel parcel had been increased to $3.2 million. We paid that price for 200 Acres and bought a portion of Joe Grant Cay on June 20th, 2008 on de day of Groundbreaking ceremonies of Dellis Cay.Governor Hon. Tauwaree came in the afternoon to this ceremonies,was very happy,that Joe Grant deal was finally closed after 1,5 years of negotiations.He congratulated me on the day,the funds of the transaction was in the account of government.
What about the Development Agreement?
You know, it took us almost 2 years from the first discussions, but 5 months after our acquisition of the 200 Acre parcel, in November 2008 to get a Development Agreement. I am not sure whether you re know but The Governor executes all major agreements on behalf of the Government. So, Governor HE Gordon Wetherell, and our CEO, Director, Michel Neutelings have met for the execution of the Development Agreement.
Dr, Is there anything special in the Agreement?
All development agreements in Turks and Caicos Islands, usually have more or less the same provisions. However, we have an additional obligation on our part to pay 15% on the gross amount on the sale of villa lots in the development to the Crown. I am not privy to all development agreements in TCI but I am not personally aware of any other development agreement which contains an obligation of that nature. From the standpoint of the public, it is clear that if my partners and I make a major investment on Joe Grant’s Cay such that the price which a buyer might pay for a villa lot is greatly enhanced, the Government receives a corresponding benefit without any of the business risks undertaken by the developer. Joe Grant Cay was going to be a new source of income for the TCI Government and TCI islanders. This remote and inhabited island was going to be the home for a new hospitality project providing new jobs and opportunities for everyone. I would imagine that most of the ex Middle Caicos residents would returned to their home from their present endeavors in Providenciales. In summary, this project had a very important social aspect. I have on many occasions discussed these aspects with both Honorable Governors Tauwahare and Whetherel.
There were discussions about the valuation? What you have to say on it?
Look, I am a developer, a businessmen. I got interested in this deal as the 712 Acres was available at US$5 million to a number of developers who apparently did not perform. I wanted to buy at this price. At the end, I have negotiated more than 18 months to get 30% of this cay at US$3.2 million. I took a significant risk by paying that price and closing that purchase without having a signed development agreement with TCIG, with no guarantee that we could carry out our development plan or acquire the rest of the Cay. I trusted to Governor Hon.Tauwahare and later on to Governor Hon.Whetherel.
Now coming to the valuations, I understand from the Inquiry that under the leadership of the HE Governor Tauwaree himself, the Cabinet has sought a number of conflicting valuations both from their own valuation department and from a private commercial appraiser on June 2008. They have as the Cabinet, together with HE the Governor, have decided to take the valuation of the commercial appraiser as it reflected the market value.
Now, the question is why did they not picked the high value but the low value?
My answer is that the valuation of the land is obviously a matter for the Crown and for experts in that field. That is why I have hired some of the leading experts in this field to assist me. What they say is simple: the Valuation officer has attempted to value this property by direct comparison to couple at Ambergris Cay, and sale listings from marketing brochures (and not actual transactions) at North Caicos Marina and Middle Caicos. I am told that those comparable do not come near being appropriate for the purposes of valuing Joe Grant Cay.
At Ambergris Cay, for example, lot sizes of between 0.32 – 1.85 acres each are compared to our project of 700 acres. In addition, Ambergris Cay forms part of an established luxury brand, and considerable expenditure has been undertaken on the extensive infrastructure. I do not know if you know but Ambergis Cay has all its utilities underground, electricity and water, It is the only island in this country which has an underground sewer system. Everything is self-generated on the island, water making, the treatment of the sewer system. It has even an uncompleted marina that is not completed but obviously a port facility) including the inclusion of the biggest private runway (6,000 feet) in the Caribbean. Overall Ambergis Cay it is a self-sufficient island that has all of the amenities and can function, unlike North and Middle Caicos which has to have power on the sea cable from Providenciales. North Caicos Yacht Club is also a developed property, so no parallels to undeveloped land neither. We also understand that the value r has used “sales brochure prices” in 2008. The Middle Caicos comparative is based on a sales listing as well, which was withdrawn from the market after 22 months listing period and not sold.
Now, that is what experts say. These will all come out soon. Now if you ask me what I personally think. To me, the real valuation is what I paid. Our company paid US$18 million to Dellis Cay, a 500 acres island, of which 200 Acre is private land. Dellis Cay is only 20 minutes from Leeward Highway, it had PPC Electricity cable in it, for plenty of electricity, and it is next to world-renowned Parrot Cay. I think that we have paid for the 200 Acres at Joe Grant Cay reflects the fair market price at its present state and that is “undeveloped” land at a remote location for commercial use. That is what it is.
Later on, we have asked both local and international professional valuation firms to conduct a fgull analysis and report an official valuation of this island. All these reports have confirmed the value that we have paid to Joe Grant Cay’s 200 acres and the lease agreements that we have entered with the TCI Government. In any case, after the World Economical Crisis starting in November 2008 and onwards land values have significantly eroded all around the world and especially the Caribbean.
But Dr Kinay what is the benefit of this Project to the TCIslanders? What do they get?
Look,the government did not simply sell a piece of land, they entered into a development agreement for the development of that land. If I can not develop it on time, and spend the money that the Government wants me to spend on it, than they will get back. It is in the Agreement. It is ours as long as we spend money on it. You know how much? My Development Agreement says I need to spend US$120 million on this cay in a fixed period of time. We estimated that the construction will take 2 years and create at least 150 new local jobs. Once the island is fully operational it will require at least 70 locals to manage it. As I have already mentioned, in addition to the purchase price of the land of the hotel site, we will pay 15% of our Villa sales on the 300 Acre Villa Lots and this goes straight to the Government’s budget. Not to mention, the usual development agreement obligations such as the Annual Scholarship payments, duties, work permit fees, the rents paid under the leases, stamp duty benefits accruing to TCIG arising out of sales in the development and the boost to the tourism economy of TCI.
Dr Kinay, you lost a court case concerning Joe Grant Cay June 2011? What will happen now?
I received the Turks and Caicos Islands Court’s judgment in June 2011 concerning Joe Grant Cay. I also received TCIG’s Press Release from July 2011. The judgement is grossly unfair and Joe Grant Cay development companies are currently appealing it. I could not afford lawyers as Turks and Caicos Islands Courts have frozen all my worldwide assets not allowing me to spend any funds towards my right to defend myself and my companies. Looking at the Judgment, in essence, His Hon. Justice G W Martin has concluded in connection with the political donation of $500,000 made by Dellis Cay’s parent company Turks Development LP (the Court states the donation was from ‘Dr Kinay’) to Michael Misick on 9 January 2007, the Judge found (paragraph 33) “there to be a very strong probability that the money was paid as a bribe in order to ensure that the Defendant companies obtained the benefit of the proposed development” disregarding the facts that the Defendant companies did not even exist at that time, and that the donation was made by Turks Development LP, a company developing Dellis Cay, not related in any way to Joe Grant Cay . His Hon Judge further observed (paragraph 41): “I emphasise that this judgment should not be treated as a conclusive finding that any individual has acted corruptly. Nobody should be declared corrupt if he has not had the opportunity to defend himself at trial, and that has not happened in this case.’ These statements did not make the Judgment just and fair, the basic principle of law.
On the matter of Joe Grant Cay’s valuation, His Hon Justice completely ignored the Government’s valuation report obtained from BCQS, an independent commercial appraiser who valued 200 acres of Joe Grant Cay, at USD 3.2 million for commercial use, exactly the amount of money asked by the Government in June 2008, which the development companies have paid in full. His Hon Judge ruled (Para 36, The Judgement) ‘When instructing BCQS to give an alternative valuation, McAllister Hanchell did not tell them of the proposed development, so that their valuation made no allowance for the intended use of the land.’. The Learned Chief Justice has failed to recognize that BCQS valuation report specifically stated on Page 7 Item 3.5 ‘It is assumed that planning permission is available for the subdivision of the land for residential plots or for a commercial use.’ By ignoring BCQS’s clear statement specifying that Joe Grant Cay valuation report is prepared for “commercial use”, The Hon. Chief Justice presented an unbalanced approach for the benefit of the Plaintiff. The Court’s omission of BCQS’s written representations in their valuation report is not something that I can live with and we will be pursuing the reasons for this material error.
First, the Commission of Inquiry’s publication of unredacted Final Report despite the TCI Supreme Court’s Order not to publish the unredacted Final Report cost Dellis Cay its business and caused the funders to pull their finances, now Joe Grant Cay Development companies are striped of their rightfully obtained assets.
It is clear to me that there is a set political agenda which is geared to restructure the political landscape at the Turks and Caicos Islands and we are chosen as the main victims.
I repeat categorically that I reject all accusations, and state that we are innocent
For those who doubt that the Development of Joe Grant Cay is not innocent, I have only one question:
Had the alleged privileges, favors or better conditions been present in the acquisition of 200 acres of this island, or in the Development Agreement, why both Hon. Governor Tauwhare, and the present Hon. Governor Whetherell would have executed these on behalf of the Crown?
Both Hon Governors are experienced public officials, with history of making land transactions, and executing Development Agreements on behalf of the Crown. Why did they approve these transactions if the preferential treatment was all over the documents that they have signed?
All these contracts, and 200 acres land sale were approved by the Attorney General, TCI Invest, Ministers, the Premier, and executed by 2 Hon. Governors. The Government and both Hon. Governors had 2 years to conduct due diligence. Do you really believe that they were all ‘deceived’? and did not know what they were selling? That is the real question the Turks and Caicos Public must ask.
I have faith in the law, and I will look for justice until I find it.
What are your long-term goals in Turks and Caicos Islands?
Now a new Governor is appointed as you know.His Excellency Hon.Todd is a very positive person and has a new approach for TCI.I will explain him following:
I did not come to Turks and Caicos Islands, to do few projects and go back to anywhere. I will stay and work here for many years. When Dellis Cay and Joe Grant Cay will one time open, my children, together with the young generation of Turks and Caicos Islands, will be proud of having these developments, in remote locations and will have fun.TCI er will be proud about it too.
It is also not right,to tell TCI Islander,the government recovered Joe Grant.It is not true.We have still our appeal open and when we will again lose because of the pressure of Attorney General,SIPT,TCI Government etc,we will go to the international courts for this injustice.
Her Excellency, Navanethem Pillay High Commissioner for Human Rights
Office of the United Nations High Commissioner for Human Rights Palais Wilson
52 rue des Pâquis
Ch-12011 Geneva Switzerland
Dear Madam Commissioner,
SEEKING OHCHR INTERVENTION IN TURKS AND CAICOS POLITICAL SITUATION
I am the former Premier of the Turks and Caicos Islands, a country located in the Caribbean and which is a colony of the United Kingdom.
I would like to bring your attention to, and seek your assistance regarding,a number of human rights violations that have been taking place in the Turks and Caicos Islands in general, and to me and some of my former Cabinet ministers in particular, because of the stand taken by our political party,the Progressive National Party (PNP), and my Administration which was in office from 2003 to 2009, on advancing and achieving independence for our country.
The violations have been conducted by the British Government and their Interim Administration in the Turks and Caicos Islands.
It is my submission that their actions contravene the UN Universal Declaration on Human Rights plus a number of other international conventions to which the British are a signatory.
BELOW ARE EXAMPLES OF THE CONVENTIONS THAT HAVE BEEN VIOLATED
(1) UN Universal Declaration on Human Rights
Article 2 states: “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race,colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.”
In my view, the British Government has violated this article. They have discriminated against the citizens of the Turks and Caicos Islands because of the colour of their skin and because of our status as a colony. They have also discriminated against the Turks and Caicos Islands citizens because of our desire to seek self-determination. They have taken away a number of our rights under this declaration or refused to grant us some.
Article 7: “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.”
Article 8: “Everyone has the right to an effective remedy by the competentnational tribunals for acts violating the fundamental rights granted him by the constitution or by law.”
Article 10: “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.”
Article 11(1): “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial a which he has had all the guarantees necessary for his defence.”
Article 11(2): “No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.”
Article 12: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.”
Article 17: “(1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property.”
Article 19: “Everyone has the right to freedom of opinion and expression;this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
Article 20: “(1) Everyone has the right to freedom of peaceful assembly and association.” (2) “No one may be compelled to belong to an association.”
Article 21: “(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (2) Everyone has the right of equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”
(2) The International Covenant on Civil and Political Rights
Furthermore, the British Government and by extension the Interim Administration, are also in violation of The International Covenant on Civil and Political Rights.
Article 1 reaffirms the right of self-determination; Article 14, the right to a fair hearing; Article 25(a), the right and opportunity to take part in the conduct of public affairs, directly or through freely chosen representatives, and Article 25(b) grants the right to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.
In the Turks and Caicos Islands we have not had elections for almost 3 years, although they were constitutionally due two years ago. As such, for the past 3 years the islands have been a virtual dictatorship, operating without an elected government.
Furthermore, the British-appointed Governor has sole executive and legislative powers and in addition, he appoints the Prosecutor and all of the Judges, who have no security of tenure and therefore rely on the Governor and the British government to renew their contracts, creating automatic room for abuse.
(3) UN Charter
In addition, the British are in violation of the UN Charter.
Chapter 1: Purpose and Principles. Article 2. “To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of people, and to take other appropriate measures to strengthen universal peace.”
Chapter XI: Declaration Regarding Non-Self-Governing Territories. Article73. “Members of the United Nations which have or assume responsibilities for the administration of territories whose people have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:
(a) to ensure, with due respect for the culture of the people concerned, their political, economic, social, and educational advancement,their just treatment, and their protection against abuses;
(b) to develop self-government, to take due account of the political aspirations of the people, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its people and their varying stages of advancement.”
For countries that have adopted the International Covenant on Civil and Political Rights, the first Optional Protocol to the Covenant gives the option of recognizing the Human Rights Committee as qualified to receive and examine communication from individual people. When people or groups of people have exhausted local remedies, the Protocol allows them to petition the Committee directly about their government’s alleged violations of the Covenant.
EXAMPLES OF THE SPECIFIC VIOLATIONS AND ABUSE IN THE TURKS AND CAICOS ISLANDS
In the Turks and Caicos Islands, we are faced with the following:
1. Denial of our right to self-determination and our right to freely and without fear conduct open national debate in that regard.
2. Denial of our right to hold free and fair elections.
3. Denial of our right to fair trial.
4. Denial of our rights to freedom of expressions and assembly.
5. Introduction of retroactive criminal legislation with the view of securing convictions.
6. Persons were compelled to testify against themselves at a Commission of Inquiry and that information was subsequently used to charge individuals. This is a violation of Article 14 of The International Covenant on Civil and Political Rights.
7. There is no independence of the Judiciary:
a. The Governor is the sole authority in the colony in that he is the sole person that makes executive decisions, he alone makes legislation and he alone appoints the Prosecutor and the judges. The current governor is RicTodd.
b. Governor Ric Todd has said at a public meeting that all of the accused former ministers are guilty and will be convicted.
c. Furthermore in an article that appeared in the Miami Herald online on the 9th of April, Governor Todd was quoted as saying that “the elected government has deliberately and systematically stolen the assets of the people of the TCI for personal gains”.
In this light, I and former Ministers who have been accused of corruption can never get a fair trial. How can we ever get a fair trial when the person that has the sole power to appoint the Prosecutor and judges in the colony is making such pronouncements before a trial?
8. There is also interference with the right to a political life,with Governor Ric Todd and his Attorney General Huw Shepheard bringing legal action to unlawfully confiscate our party headquarters and to demolish it.They are systematically trying to eliminate my party, the PNP, from the political life in the Turks and Caicos Islands by arresting and charging most of the senior members including the new Leader who is a lawyer who has never one day served in any Government in the Turks and Caicos Islands. It is my belief that the reason for this is to silence the party because its public stance has been to seek independence from Britain. It is also my belief that despite the public stance of Britain about liberty and equality for all, it is their desire and objective to retain the colonies and to pursue a purely commercial ambition from them without regard for the human rights and political will of the populations in those countries. It is well known that the British territories in the Caribbean have natural beauty and sunshine, excellent tourism opportunities and many prospects in terms of financial services, all of which can be turned to ultimate profit for the British. It is further my belief that as the British economy nose dives in the world recession, Britain is taking an opportunistic position in relation to its colonies and former colonies purely for commercial and financial gain, ignoring the harmful effect of their actions on those countries and their people.
9. The Governor has abused his powers and has had land confiscated from individuals who received land lawfully.
10. Abolishing of our right to trial by jury in order to secure convictions.
11. The Governor has changed a number of laws and procedure and has made it retroactive in order to secure a conviction of the persons accused.That is why he can speak with certainty that we will all be convicted. If a crime was truly committed why could the accused not be tried under the system that has tried thousands of prior cases. Why change a whole legal system to convict persons on charges that are politically motivated?
It is my submission that the whole Commission of Inquiry, the criminal charges, the change in the laws, the abolishing of the jury system, the suspension of elected government in the colony was all because my party and I seek to move our country to independence, which Britain does not want, for the reasons mentioned further above.
The best way for the British Government to stop my party’s movement was to drum up charges of corruption. That would allow the Governor to make the changes that they have made to secure a conviction against me and my colleagues. More disturbingly, charges of corruption are emotive and frightening to the people. These charges allow the British government to pursue almost any device in order to secure a conviction, including the suspension of democracy.
In summary we are being politically persecuted because of our political belief, being that we want to live in an independent Turks and Caicos Islands. Moreover, the political persecution is also set in a context of apparent racial superiority, on the part of the British.
The above are a number of human rights violations that have been inflicted upon the people of the Turks and Caicos Islands, a colony of the United Kingdom. The United Kingdom as a permanent member of the security council has an added responsibility to uphold international laws and treaties especially those involving human rights. It is a blatant double standard when they talk about human right abuse and violations in other parts of the world and they themselves are chief offenders in their colonies.
I am therefore asking your good office to intervene as a matter of urgency and to ensure that every country complies with their international obligations no matter how powerful they are.
I end by quoting Martin Luther King Jr: “Injustice anywhere is a threat to justice everywhere.”
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.
Statement of Dr Cem Kinay with respect to the New York Court Judgment.
Istanbul,Turkey 29 March 2012
Lawsuit against Dr Cem Kinay was rejected by Southern District Court of New York yesterday. Some of the Dellis Cay Villa buyers had brought an action in New York against Dr. Cem Kinay, his family and Mandarin Oriental Hotels for claimsrelatingtothefailedDellis Cay project accusing Dr. Kinay siphoning fundsfromtheProjectforpersonal use, and failure to completetheProject. The District Judge in New York ordered ‘The Court is persuaded that TCI is an “available and adequate forum” and that “the balance of private and public interest factors tilts heavily in favor of the alternative forum.” Accordingly,Kinay’s motionto dismisswas granted and the case was closed. Dr Kinay stated ‘I welcome New York Court’s decision, and hope a fair and just decision from the courts in TCI’
Dr. Kinay was creating a luxury island community involving unique designs from some of the world’s leading architects: Kengo Kuma, Zaha Hadid, Piero Lissoni, Shigeru Ban, David Chipperfield, Carl Ettensperger. When completed, the development was to be comprised of luxury villas and residential units located around, and serviced by the world famous Mandarin Oriental Hotel. Construction of the first phase of the Project has commenced in June 2008 and unexpectedly halted on October 2009. Despite the World Economic crisis in 2008, the construction of this billion dollar project was continuing until the political turmoil hit the Turks and Caicos Islands after the publishing of the unredacted Commission of Inquiry report in 2009. On 12th August 2009 on the instruction of UK Ministers, Hon. Governor Whetherell brought into force the Order in Council suspending parts of the Turks and Caicos Islands constitution. The House of Assembly was dissolved and Members’ seats were vacated. Shortly after these events , Dellis Cay’s funder, Trinidad and Tobago Unit Trust Corporation has pulled its support to the Project and appointed a Receiver, all construction activities had stopped.
Dr Kınay stated ‘We are still trying to open a line of communication with Trinidad and Tobago Unit Trust Corporation to end the dispute, we are discussing with potential investors opportunities to bring Dellis Cay back on track.’. Dr Kinay adds despite the adverse conditions, he is investing all his time to see the project to come back to life, the only way he believes the interest of all creditors will be served. Dr Kinay and his projects were victims of politics in Turks and Caicos Islands. Dr Kinay confirms this by saying ‘UK Governor Hon. Whetherell has published an unredacted Commission of İnquiry Report which damaged our reputation, and caused our main finance partner, Trinidad and Tobago Unit Trust to pull their support from Dellis Cay’. The Supreme Court of Turks and Caicos Islands had found on June 18th, 2009 that the adverse findings made against Dr Kinay were unlawful and that it was unlawful for the Governor to publish those findings. Dr Kinay remembers ‘Only weeks before the publishing of the unredacted Report, the bank was giving us support letters, stating that they have full trust in our management, and our ability to complete the Project, but just after the unredacted Report was published everything has changed.’
Dr Kinay stated that the accusations against him and his companies in the Report are groundless. He added ’ I have never bribed anyone in TCI, or elsewhere. I have offered full cooperation to the Commission of Inquiry, and later to the SIPT. I have provided them with hard evidence of our innocence. All our companies were audited by one of the world’s top audit firm.’
Dr. Kinay’s TCI based court cases continue. He has appealed the decisions of the TCI Supreme Court against his dispute with the Trinidad and Tobago Unit Trust Corporation, and against the Government of TCI concerning Joe Grant Cay. He is eager to pursue these cases through national, and international courts until all venues are consumed. ‘I have come to TCI at the beginning of 2005. We have provided jobs and business opportunities to hundreds of islanders. I have always appreciated the trust and the love of the local community. I am still very sorry for the loss of jobs and businesses when our project has been halted on October 2009. I hope that the people continue to believe that I will get this project back on track.’ Dr Kinay continued to state that he does hope that the political turmoil that started in 2009 will end with an election and democracy will be back again in TCI. ‘ These political events cost me my company, our purchasers their investments and the people of Turks and Caicos Islands their jobs. I appeal to the new Hon. Governor Todd to support us for us to get Dellis cay back on track, we hope his announcement confirming the return to democracy and to a freely elected government in Turks and Caicos Islands.’
Dr Kinay practiced medicine at the General Hospital of Vienna in Austria. He received his PhD from the University of Vienna Medical School in 1984. In 1987, Magister Oguz Serim and Dr Kinay set up a tour operator by the name of Gulet Touristik, the largest tour operator in Austria. In 1990, They founded the Magic Life Hotels. Magic Life owned and managed luxury properties in Turkey, Greece, Tunisia, Spain, Austria ,Egypt and Bulgaria. In 2004, they sold Magic Life and Gulet Touristik to the German tour operator TUI AG, one of the world’s largest tour operators.
Dr Kinay is widely recognized for his contributions to the travel and Hotel industry, In 1996 he was lauded as Austria’s “Tourism Manager of the Year” and in 1997, as “Man of the Year” and Finally on 2007, he has been honored with “State Medal Of Austria”.
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
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.
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
Two pages from a document headed “Witness Statement of Shaun David Malcolm”
By Caribbean News Now contributor
PROVIDENCIALES, Turks and Caicos Islands — In an incident reminiscent of the infamous Watergate break-in of the 1970s in Washington, a number of documents claimed to be from the files of the special investigation and prosecution team (SIPT) have apparently been leaked in mysterious circumstances and copies are now being widely circulated among members of the Turks and Caicos Islands public at large.
Those in possession of the documents have claimed they were leaked from the SIPT but the images seen appear to be more than hurriedly copied pages. It is thought, therefore, that if they were sourced from the SIPT they had to have been physically removed. It has been suggested that the claim that they were leaked or removed from SIPT offices may be a ruse to cover the true source(s).
One of the documents appears to be a witness statement by former Progressive National Party (PNP) backbench member of parliament, Karen DeLancy, which reportedly includes evidence, likely furnished under oath, by the former MP regarding questionable activities of ministers and possibly others related to the administration of her own party.
DeLancy’s name has been circulating as a potential repeat candidate for the PNP in the upcoming election. The appearance of this document might, sources say, affect her chances of being named a PNP candidate.
The other document is a 16-page document described as “Witness Statement of Shaun David Malcolm”, whose signature is said in the document itself to have been witnessed by Alan Hedley.
Years ago, Malcolm was associated with the PNP and had hoped for a candidacy for that party. Refused, he later left the PNP after Michael Misick took control of the party. Malcolm then began to support the Peoples Democratic Movement (PDM) and eventually became chairman.
The Malcolm document is dated October 2010, during former Governor Gordon Wetherell’s term of office, when Malcolm was often seen with Wetherell. The copies now circulating have had portions redacted by means of blacked out sentences and words. In that the documents are said to have come from the secure files of the SIPT, questions have been raised as to the purpose of blacking out these presumably sensitive portions.
On one page, a third party witness’s name has been blacked out, preventing verification of the information sworn to by Malcolm. It is thought locally that the original document, presumably in the possession of the SIPT, would not be redacted in any way.
One portion of the Malcolm document claims that the former PDM government, then headed by Derek Taylor, in preparing for the 2003 election accepted a donation from a named major developer of $400,000. The PDM won that election by a narrow margin but subsequently lost control of the government when a by-election switched two seats over to the Misick-led PNP.
In a section of the document headed “Jak Civre and the Seven Stars Resort,” Malcolm said, “On an occasion leading up to the election of January 2007, I was riding in a car with Arthur Robinson and Floyd Seymour [then PDM leader] when we passed the Seven Stars Resort on Providenciales. I was aware that prior to the election of 2003 Jak Civre, the owner of Seven Stars, had made a huge donation of somewhere in the region of $400,000 to the PDM, so I thought to ask how much he had donated to the PDM for the 2007 election. Arthur Robinson said it was $20,000. However, I later discovered through a person who spoke to me in confidence that the actual amount was $100,000.”
Another portion of Malcolm’s statement is said to be given over to what is referred to locally as “sour grapes”. Malcolm claims in the document that he was slated to be the appointed member for the 2007 PDM opposition but a late party caucus appointed then Chamber of Commerce president and later elected leader of the PDM, Douglas Parnell. Cheryl Astwood Tull was also reportedly slated for that position after she retreated as an election candidate, having spent a large amount of her personal funds campaigning.
“Cheryl Astwood Tull was very upset that the second part of her Election Agreement had not been fulfilled and thereby had not become the Nominated Member of the Turks and Caicos Legislature on behalf of the PDM. In retribution she attempted to sue the PDM for not honouring the agreement. She contacted Conrad Griffiths of the law firm Misick and Stanbrook and tried to force those that had entered into the agreement with her to complete the transaction. However, after researching the situation Mr Griffiths advised her that the agreement was not enforceable,” Malcolm said in his statement.
In 2008, Malcolm was known to be the co-founder and a leading contributor of the TCI Journal weblog, which targeted the allegedly corrupt activities of the PNP and Michael Misick in particular.
In the lead up to the Commission of Inquiry, the TCI Journal also began to run articles claiming there were unethical dealings within the PDM. These articles did not disclose the author.
published on 12th March 2012 in Caribbean News Now
uilty, we were chosen as targets. I am a victim of politics, and I am innocent. I did not receive any benefits for any of my political donations. I will continue my defense in the international level.”
uilty, we were chosen as targets. I am a victim of politics, and I am innocent. I did not receive any benefits for any of my political donations. I will continue my defense in the international level.”
