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.
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. |
Tag: turks and caicos
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.
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
Overall the response strongly supported the principles of the new strategy to increase engagement and interaction between the UK and the Territories, to improve the support available to the Territories and to work with them to strengthen good governance arrangements, public financial planning and economic planning.
Commenting on the consultation, Minister for the Overseas Territories Henry Bellingham said:
“I am delighted by the wide-ranging and comprehensive responses we have received from Territory Governments and NGOs on our new strategy for the Overseas Territories. This consultation is an important part of our efforts to reinvigorate the UK’s relationship with the Territories and will help inform our detailed approach due to be set out in a White Paper soon.
“The results underline strong support for continuing close co-operation between the UK and the Territories on many areas, but also highlight some of the challenges that they are currently facing.”
for full report please click the link
Turks and Caicos now has its own ‘Watergate’ | |
Two pages from a document headed “Witness Statement of Shaun David Malcolm”
published on 12th March 2012 in Caribbean News Now |
[wpvideo sijmwIwX]Dellis Cay is a private island ,in Turks and Caicos,developed by Cem Kinay,a Turkish born and in Austria grown tourism mogul.
Cem Kinay started the development for Mandarin Oriental Hotels ,Residences and private Villas,designed by world-famous architects like Zaha Hadid and David Chipperfield from UK,Piero Lissoni from Italy,Shigeru Ban and Kengo Kuma from Japan and Carl Ettensperger from Singapour.
The groundbreaking for the project was 2008 and Cem Kinay and his companies had to stop the construction end of 2009 because of political blow through UK in Turks and Caicos.Since August 2009 an interim government appointed through UK Governor is in the power.The for 2011 promised election is still not happened and Cem Kinay is in dispute with Trinidad Tobago bank and Uk appointed government.He is a political victim.
The Art of Dellis Cay Images by Christian Postl,a very successful artist from Austria.
The featured Image is in Memory and Respect of 500 workers on the site.
The Children of Turks and Caicos Islands
The formula seems simple enough. Take a private, tranquil island in one of the most enviable places in the world, add the visionary designs of seven world-renowned architects, and, for good measure, toss in a lavish resort hotel with the immaculate guest services of the Mandarin Oriental Group, the finest luxury hotelier in the world. Like any inspired recipe, the components of the project stand solidly on their own, but in combination, create a stunning masterpiece that will undoubtedly redefine ultra-luxury living in the 21st century. So what is the secret ingredient in uniting porcelain-white beaches, lush vegetation, and the dancing waters of the Caribbean with world-class design and unparalleled service? Enter Dr. Cem Kinay, the man with both the experience and finesse to guide the first design-driven, premium property development company into its chief venture. At the pinnacle of his career, Kinay presented Dellis Cay, a product of his revolutionary visions and history of flawlessly calculated implementation.
Kinay is a man of strong-willed passion. With deep Turkish roots, Kinay grew up with a first-rate education, strong family ties, and the desire to care for others. Noting the respect and admiration on the faces of his loyal team, it is clear to see the values of his youth have remained steadfast. On a crisp, fall morning, Kinay calmly orders an espresso, but as he begins to speak of his history, disregards the steaming cup and talks fervently, inching toward the edge of his chair, his eyes glowing blissfully with nostalgia. He fondly describes his winding career as a series of three individual chapters. “When you look at my career, each 10 to 15 years, I change. My first 10 to 15 years, I was a doctor; the next 10 to 15 years, I made my hospitality career with Magic Life. Now I have started my career with “Dellis Cay” .
Chapter One: The Conscientious Doctor
“I come from a conservative family. My father was in the Turkish army and my mother took care of three good boys,” Kinay says, smiling. Following in his older brother’s footsteps, Kinay went to Vienna to study medicine at the age of 17. “I wanted to be a good doctor, to help people.” It was by a turn of fate that the hospitality business found young Kinay. His roommate in Vienna, an economy student, presented Kinay his first entrepreneurial opportunity, which he accepted wholeheartedly. “It was mostly his idea that in addition to my job as a doctor, I open a small yacht charter with him in the Mediterranean. So, in the last three years of my specification, until three or four o’clock I’d be working in the hospital, then, I went right to the office.”
Kinay quickly realized that, despite his reliable future as a doctor, he preferred the business world. “Firstly, I liked business, and secondly, even as a young doctor, I always needed to have the last word, and [when I came to the office] I was the boss. I liked this role as boss,” he says with a smirk. Although the decision was far from easy, Kinay was able to feel at peace with his first career shift because he was still caring for people. “As a doctor you are taking care of the body, the people, and in hospitality you are taking care of the soul.” With that, after 12 years of studying and practicing medicine, Kinay hung up his scrubs and transformed his after-work hobby into a career that would transform his life, and also shift the hospitality industry at large.
Chapter Two: The Hospitality Pioneer
So, with the combination of a healthy imagination and a little elbow grease, Kinay and his partner turned their small yacht charter into Magic Life, the famous European vacation and hotel company. In less than 10 years, Magic Life exploded into 23 hotels, 22,000 beds, 6,000 employees, and more than 500,000 guests per year. With very little experience in the industry, it was Kinay’s strong education and use of the scientific method that enabled him to systematically build his hospitality empire. From observing other companies’ successes, he noted the significance of individualized service and, most importantly, branding.
“We looked at different hospitality companies in Europe, big companies, and how they do it. Then we said, ‘There are a lot of hotels in the Mediterranean, what can we make different?’” On a trip to the Dominican Republic in 1989, Kinay remembered seeing all-inclusive hotel systems and wondering why they had not made headway in Europe. Thus, the Magic Life brand was born: the first all-inclusive European hotel company.
Revolutionizing European holidays would take more than a solid idea, but would require a flawless execution of the all-inclusive systems adapted for the European client. A student himself, Kinay knew the best way to learn is to have the most qualified teachers. He flew experts into Turkey straight from the source. “This system was very different than the classic hotels in Europe because you are giving 24 hours of service. For months I took guys from the Dominican Republic, had them sit down with our Turkish guys and explain their experiences.” From that point on, Kinay successfully opened hotel after hotel, branching into new countries, all while providing consistent service.
“It turned into simple multiplication, a science,” Kinay says.
Besides earning the respect of the worldwide hospitality industry, Kinay’s success with Magic Life allowed him to bring prosperity to his native Turkey.
“Hospitality is a very good way to communicate your country. Twenty years before, only three million people came to Turkey per year, now it’s 30 million.” In addition to Magic Life, Kinay has created two destination management firms, Vasco Company and Discovery Company, and founded both Gulet Touropa Touristik, a tour operating company, and Turcotel and ML Assets, a chain of eight hotels in Turkey. For his contributions and pioneering in the hospitality industry, Kinay was awarded “Man of the Year” in Austria in 1997 and honored with the State Medal of Austria in 2006.
After 10 years in the industry, having transformed into a tremendously astute businessman, Kinay knew Magic Life simply needed more room to expand. Selling 50 percent of his company shares, Kinay joined efforts with the largest tour company in Europe, Germany-based TUI. Four years later, in 2004, after guiding Magic Life’s continued success, Kinay sold the remainder of his holdings in order to realize his next dream.
“I saw that the hospitality business was changing. You look at your success, but as a businessman, you always need to be looking ahead.”
Chapter Three: The Lord of Luxury
Like a shrewd chess player, Kinay had anticipated his next career move for years. From his experience in the Caribbean, he saw the value of unique locations and was inspired by the numerous islands in the region. “I liked the idea of one hotel concept, one island,” Kinay muses. But aside from his desire to develop unique locations, Kinay knew he needed to harness three major trends: mixed-use properties, mounting interest in design, and growing demand for luxury resorts and residences. Never one to take a break, Kinay chomped at the bit to get started on his next mission. “In 2004 we exited Magic Life, and on the next day started O Property Collection,” he says proudly.
In 2005, Kinay and his business partner, Oguz Serim, founded Dellis Cay with a commitment to innovative design and service. Their goal: to become one of the world’s most desirable premium brands by building a global following. They aim to set a new benchmark for lavish living, dubbed on their website as “the rarest living experience on earth.”
Once the groundwork for Dellis Cay was laid, Kinay wasted no time in finding elite partners to help him realize his dream. With ultra-luxury service at the top of his to-do list, he immediately contacted The Mandarin Oriental Group for management. “One of the main decisions for our business model was that we will not manage. On one side we are design driven, but on the other side, we are service driven and these guys at the Mandarin, they really know their business,” Kinay says of his partnership with the five-star luxury hotel.
Kinay’s vision is so clear for new goal that, even before settling on a location, he contacted the best designers worldwide to work on prototypes for beach houses and villas. With great diligence, he hand-picked an all-star dream team of seven international architects: Shigeru Ban, David Chipperfield, Carl Ettensberger, Zaha Hadid, Kengo Kuma, Piero Lissoni, and Chad Oppenheim. The architects will merge the natural beauty of the island with their individual designs for a unique blend of private residences and villas.
Lissoni, known for his chic, contemporary style, will be spearheading the design for the core Mandarin Oriental Hotel & Residences. “My inspiration was the light,” Lissoni says. “I have tried to have the light going through all the spaces like a blade. The design is sophisticated, but based on simplicity.”
With design and marketing well underway, Kinay worked tirelessly to uncover the perfect location for his first project. For six months, he used helicopters, boats, and a sturdy pair of boots to thoroughly investigate 100 undeveloped properties in the Caribbean. Finally he laid eyes on the 560-acre paradise of Dellis Cay. A pristine island snuggled in the Turks & Caicos archipelago, it is known by locals for its multihued coral reefs, faultless beaches, and dramatic bays. The breathtaking beauty of the island aside, Dellis Cay is also conveniently located just 575 miles south of Miami, 30 miles south of the Bahamas, and 90 miles north of Kinay’s beloved Dominican Republic, perfect for the global jet-setters who will likely represent the core clientele of the prestigious development. Kinay recalls his first time he laid eyes on the island: “I said, ‘That is exactly what we are looking for.’”
Having broken ground in 2008 , Kinay was well on his way to realizing his dream for Dellis Cay, offering an unparalleled oasis that combines the tranquility of natural beauty with cutting-edge contemporary design, and five-star service that eases the soul.
From insightful doctor to ground-shattering hospitality pioneer, no dream seems too distant and no goal too complex for Dr. Cem Kinay. Taking a moment to sip his espresso, now room temperature, he expresses with humble words the emotion he will feel upon the opening of Dellis Cay. “I am not exaggerating, but on that day when the families with their children are playing on the beach and all the people are there, I believe it will be one of my happiest days.” With the recent expansion of his own family, his first son 4 years old, he will be looking at those first families on Dellis Cay as the realization of his revolutionary vision and an attentive scholar. “I am learning to be a father, these are new experiences for me, but I am a good student, so I will be looking to the other fathers now.” As he finally settles back into his chair, Kinay beams with the pleasure of both a new parent and unstoppable hospitality mogul. Than political blow in Turks and Caicos in 2009 and he stopped the construction and his life dream for a while.
Chapter four should be a good one too,he hopes.
Lucky Neko
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