MEDIA STATEMENT FROM OPPOSITION LEADER HON. SHARLENE CARTWRIGHT-ROBINSON ON THE LEGAL CHALLENGES AGAINST PDM MEMBERS OF PARLIAMENT BY THE ATTORNEY GENERAL CHAMBERS
My Party remains vigilant in protecting and defending the rights of every Turks and Caicos Islander through strong representation in the House of Assembly and by completing the Objectives outlined in our Party’s Constitution and Campaign Manifesto (The Blue Print), chiefly among to form the Government of the Turks and Caicos Islands through a majority of members supporting our Party, the People’s Democratic Movement. Despite the recent legal challenge against four of our members by the Attorney General’s Chambers, we will continue to provide strong representation leading our people in the Right Direction.
On Friday March 8th, after a long day of waiting for the Attorney General’s Office to take legal action in the Amanda Misick’s Integrity Commission Notice matter, I instructed our Attorney’s Garland and Co. to file my Party’s case against Ms. Missick in the Supreme Court in Providenciales. We did so because the merits of our arguments are substantially different from those of the AG’s office.
At 4.00pm after our Attorneys had completed this process the PNP rushed to file a case against our candidate Oral Selver claiming that he made a false declaration. We will vigorously defend the veracity and completeness of our candidate Hon. Oral Selver in the Courts.
After more than 24 hours of rumors that the AG’s Chambers were going to be challenging sitting PDM Members and soon after this Event, our Attorneys became aware that the AG’s office was planning to file a separate matter not only against the PNP’s candidate for Cheshire Hall and Richmond Hill but also against four of sitting members namely: Hon. Edwin Astwood, Hon. Josephine Connolly, Hon. Derek Taylor and Hon. Delroy Williams.
Several attempts were made by our members to obtain the details of the allegations but the Acting Attorney General did not make it available or answer any further calls. Our members became officially aware of the nature of the case when the AG’s Office issued publicly a Press Release. Our members up until that time received no documents including a letter or Summons neither was our Party made aware. We view this move as unfortunate and unprofessional.
We view this entire act as completely misguided and untimely and will defend our Members’ right to remain sitting members of the House of Assembly. Contrary to public discourse, this matter has nothing to do with Conditional Purchase Lease, the Integrity Commission or the flipping of crown land. We will defend their good name, honor and integrity.
We wish to encourage our supporters and all Turks and Caicos Islanders to remain vigilant as the process is brought before the courts. My party respects the rule of law and we encourage our citizens to allow the matters that are now before the courts to be aired.
The Attorney General vs Ms. Amanda Missick
The Acting Attorney General of the Turks and Caicos Islands has filed in the supreme court against Ms. Amanda Missick stating the following:
“Following receipt of copies of the section 49(1)(f) Notices and related correspondence supplied to me by the TCI Integrity Commission and having caused background research to be undertaken in the Lands Division of the Chambers, I have come to the conclusion that I should act under section 50(3) of the Constitution, and today a challenge to the veracity of the declaration made by Ms. Amanda Missick, PNP candidate for the upcoming by-election in the Cheshire Hall and Richmond Hill Electoral District on 22 March 2013 has been filed before the Supreme Court.
FACT: It is a fact that Ms. Amanda Missick has a property 60804/138 with a TCIG belonger discount charge (see exhibit A)
According to the Integrity Commission and the Attorney General such a charge is considered to be a contract with Government and the Candidate shall to give NOTICE to the Integrity Commission on or before Nomination Day, in accordance with Section 49 (1)f of the TCI Constitution.
Disputable: It is disputable whether someone who has a Crown freehold property with a subsistent belonger discount charge (having had the property for less than 10 years after obtaining freehold title), is considered as having a contract with Government.
FACT: If a potential Candidate does not comply with Section 49 (1)f of the TCI Constitution 2011 he /she shall not be qualified to be an elected member of the House of Assembly. It states: 49.—(1) No person shall be qualified to be an elected member of the House of Assembly who, on the date of his or her nomination for election: (f) is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government and has not, by that date, disclosed in a notice to the Integrity Commission the nature of such contract and his or her interest, or the interest of such firm or company, in it;
FACT: The Constitution does not give a defined time period prior to Nomination Day during which such notice of contract with Government should be made. It simply states that such contracts should be “by that date (NOMINATION DAY), disclosed in a notice to the Integrity Commission the nature of such contract and his or her interest, or the interest of such firm or company, in it”
FACT: There is no prescribed form for giving such notice of contract with Government to the Integrity Commission. It simply says “disclosure in notice to the Integrity Commission”. This fact is also supported by the varied instruments of submission used by other elected members of the House of Assembly during the 2012 nomination process, who have made declarations under section 49 (1)f. Some used emailed submission, some used written hand delivered letters and some could have even called in.
Amanda-Lease Cancellation
THEREFORE:
FACT: Ms Amanda Missick made a Declaration to the Integrity Commission in on Oct 24, 2012 and this was publicized by the Integrity Commission in a Contracts Notice Register (see exhibit B). This declaration should have satisfied the condition under Section 49 (1)f of the Constitution, for nomination in the By-election, since such the notice is not time bound prior to nomination day and there is no legal requirement to make another declaration to the Integrity Commission unless there is additional information to be declare or remove, which is not the case with Ms. Missick.
Conclusion: Ms. Amanda Missick should not be disqualified. She did declare her interest to the Integrity Commission on time as she did so on October 24, 2012 and again on February 15, 2013, on a form used for members of the House of Assembly to declare their registrable Interest (including contracts with Government) which is a public document.
Also if the Judge rules that Crown freehold land with subsistent belonger discount charge is NOT contract with Government, then Ms. Missick would have had nothing to declare and should not be disqualified.
Furthermore:
If it is determined by the Courts that Crown Freehold title with subsistent belonger discount charge is a contract with Government, this should not affect Ms Missick as she made declaration of such contract on October 24, 2012 and again on February 15, 2013.
I rest my case and the learned Judge should see it likewise.
So I am encouraging all PNPs to Stay the Course!
Cheshire Hall Voter (Plaintiff) Vs Oral Selver
Oral Leasehold
A Cheshire Hall Voter filed in the Courts on March 8, 2013 against Isaac Oral Selver on the grounds that he failed to comply with the provisions of Section 49(1)f of the TCI Constitution.
It has been discovered that Mr. Oral Selver is the Leasee of Crown land 50206/1/1 – North Caicos (2.5 acres) which was issued on 12.11.2004 for a period of 3 years. Mr. Selver failed to pay his lease and in April 2011, he wrote to the PS of the Lands Department to have his lease extended. His letter was acknowledged in April 2011, and he was given conditions upon which the lease would be extended. The conditions included obtaining a building permit which he had, as stated in his reply letter and payment of arrears on the lease. Mr. Selver accepted the Offer and paid the arrears on the Property on December 24, 2012 (shortly after 2012 general elections).
Oral Lease Payment
The Plaintiff is of the view that Mr. Selver had a contract with Government on nomination day 2012 (October 25, 2012) and did not declare this interest at that time as required by Section 49(1)f of the constitution.
The Plaintiff is also of the view that Mr. Oral Selver still has a contract with Government i.e. the lease on property 50206/1/1 as he has accepted the conditional offer to extend the lease and is actively engaged with the Lands Department to retain the lease, which still remains in his name on the Lands register (see exhibit). Also of note is that the application procedure by the Lands Department for the termination of the lease has not been done. This procedure was use in the termination of a Conditional Purchase Lease (CPL) owned by Ms Amanda Missick, on property 60400/277 –Chalk Sound. Ms. Missick obtained the CPL around the same time as Mr Selver in 2004 and was denied extension without hesitation, that culminated in the cancellation of her lease on March 22, 2010.
Therefore:
We conclude that Mr Oral Selver failed to declare his contract with Government by nomination days October 25, 2012 and March 1, 2013 and should be disqualified under Section 49 (1)f.
The Attorney General
Vs
George Lightbourne
Hugh Derek Taylor
Josephine Connelly
Edwin Astwood
Vaden Delroy Williams
The Acting Attorney General is challenging the defendants listed, under section 53(2) of the constitution “An application to the Supreme Court for the determination of any question under subsection (1) may be made by the Attorney General or by any person who is a registered elector; and an application for the determination of any question under subsection (1)(b) may also be made by any member of the House of Assembly” It has been determined that the defendants have not filed all of their contracts (Crown freehold property with subsistent belonger discount charge) with Government and should be disqualified.
Contracts Notice Register – General Elections_001 Copy
The question for the Judge to rule on in this case is whether Crown freehold land with subsistent belonger discount charge is a contract with Government. If the Judge rule that it is then all of the elected members listed above will be disqualified and cease being members of the House of Assembly.
The next question to be determined by (Judge or AG?) is how should the vacated 5 seats in the House of Assembly be filled?
I am of the view that:
A constituency in the 2012 election, which had more than 2 candidates contesting but returning only 1 member to the House of Assembly (eg Wheeland), should go to a By-election if the elected member is disqualified.
A constituency in the 2012 election, which had only 2 candidates contesting and returning only 1 member to the House of Assembly (eg Grand Turk North or Grand Turk South), that the seat should be turned over to the other candidate upon disqualification of the elected candidate. If the non-elected Candidate is unavailable then the seat should go to a By-election.
A constituency in the 2012 election, which had more than 2 candidates contesting but returning more than 1 member to the House of Assembly (eg All-Islands Constituency), that the vacated seats due to disqualifications should be filled using the non-elected candidates based on the next highest number of votes and availability.
The British has indeed made a mockery of our democracy and the judicial system has fallen victim to the poorly drafted and ill-conceived laws enacted by the British, including of 2011 Constitution which is top of the list.
This is indeed a time for the PNP and PDM to come together and form a coalition Government and to fast track this country towards independence. I firmly believe that it is our people as opposed to our leaders and elected officials that are against unity and coalition in preference of the euphoria of partisan politics. It is however, our leaders who must make that bold decisions and lead the people in the direction of a united front in the best interest of the Turks and Caicos Islands.
Press Release From the Governor’s Office Re-Decision Not To Implement VAT
The UK Government has agreed that VAT will not be implemented in the TCI at this time. The TCI Government and opposition have clearly stated their opposition to the implementation of VAT.
It remains Her Majesty’s Government’s (HMG) view that VAT would provide a more stable, fairer and broader based system of revenue for TCI than that which is currently in place.
The Government of TCI has a responsibility to ensure sound finances in the Territory. This includes constraining expenditure within the legally binding fiscal framework which is now in place and being able to refinance its debts in 2016 without a further UK Government loan guarantee.
The TCI Government will face more difficult choices to ensure stable and sustainable revenues and expenditures in the absence of VAT.
HMG is clear that we will not accept a return to the dire financial situation in TCI which prevailed before the Interim Administration.
FCO Minister, Mark Simmonds, issued a letter to TCI Premier the Hon Dr Rufus Ewing yesterday evening, Mon, 25 Feb 2013. This was also sent to the Leader of the Official Opposition in the TCI simultaneously. This was issued in response a letter from the TCI Premier dated 29 January 2013 which raised a number of concerns about the proposed implementation of VAT in the TCI from 1 April 2013.
Letter to Rt Hon William Hague-Premier of the Turks and Caicos Calls for the recall of the Governor, the AG and the CFO
February 10, 2013
Rt. Hon. William Hague
First Secretary of State for Foreign and Commonwealth Affairs
Foreign and Commonwealth Office
London
Dear Hon. Hague,
I take this opportunity to write to you in your capacity as first Secretary of State for Foreign and Commonwealth Affairs with overall responsibility for the Governance of the Turks and Caicos Islands. Hon. Hague as stated in my address to Minister Simmonds and Members present at the recently held Joint Ministerial Council, I thank the UK Government for the restoration of democracy in the Turks and Caicos Islands through the holding of elections that have enabled the establishment of a democratically elected Government of the people, by the people and for the people. Hon Hague, I however expressed our concerns as it relates to the good governance of the territory during this current post election period. As a newly elected government we are committed to good governance and the rule of law, but adherence to such principles should apply to all persons, at all levels of government, including the Governor and Attorney General.
Hon. Hague, I recalled attending a town hall meeting in early 2012 hosted by the Governor. Amongst the matters tabled at this meeting was the issue relating to VAT. At that meeting, there were several members of the community who expressed their displeasure at the arrogant and dictatorial manner in which the Governor handled the affairs of the country. At the end of the meeting I posed a simple question to the Governor, “Would an elected Government be able to repeal and reverse any of the laws and decisions of the Interim Administration?” His answer was simply, “Yes as long as it is in conformation with the Constitution and the law”. The answer was perfect, and he said it with a chuckle. Hon. Hague, this brings me to this point, our current Constitution.
Hon. Hague, many of the current atrocities and wrongful acts that are being committed by the Governor and the Attorney General are being done contrary to the stated principals and ideals of our Constitution and international laws of human rights, and some of these acts are being perpetrated under the cover of the Constitution. These actions seriously bring into question, both the character of these individuals, as well as questioning elements of the Constitution, its legality and its fairness.
Hon. Hague, the Turks and Caicos Constitution Order 2011, is not a Constitution of the people, by the people or for the people, and hence it should be amended and advanced, and we should start this process immediately through the proper procedures and dialogue. In the interim, we would expect that the territory of Turks and Caicos be governed by the 2011 Constitution, but with fairness, and the real best interest of the people, as expressed by themselves or through their elected government. This position has been articulated on many occasions in the past. It was stated on many occasions on behalf of the people of the Turks and Caicos Islands, that the very suspension of the 2006 Constitution was unnecessary. It was well established that there were many other options available to address alleged corruption and maladministration of a government of which the former Governor Tauwhare, was at the centre and head. During the Interim Administration, the Governor had absolute power, and exercised this power, regardless of the expressed wishes of the people of our country! During this period, there was a total disregard for the Constitution with respect to the appointment of a Belonger Deputy Governor. In the absence of the Governor, other members of the Interim Administration were appointed as Acting Governor, in direct contravention of the constitutional order laid down. There was the passage of an Appropriations Bill by the Governor himself. We also witnessed the passage of other laws, such as trial without jury, the hearsay and equality law, components of which go against our principles as a Christian Nation. During the period of the Intermin Administration, the Governor became comfortable to a dictatorial style of rule. Now, however, in the presence the newly elected repreventative government, the Governor and other remaning officials from the former administration, the Attorney General and the Chief Financial Officer, have demonstrated a reluctance to facilitate the transition of governance back to the the people of this country.
Hon. Hague, the alleged wrongdoings of members of the former PNP Administration and associates is quickly being exposed as being a farce, impregnated with cloak and dagger acts on the part of the Governor, AG Chambers and SIPT, to incarcerate Turks and Caicos Islanders at all costs, even at the cost of the violation of the principles of justice and the human rights of individuals. There is now a growing focus by the regional and international community on this matter, as blatant acts of “justice for sale” have been conducted here in the TCI under the disguise of plea bargaining. Such cases include many well-known expatriate developers who have secured their freedom from prosecution, both by monetary exchange under the guise of “Civil Recovery” and by providing evidence against accused local politician “co-conspirators”. Hon Hague, the sale of justice is not an example of good governance! Furthermore, it is quite evident that the Governor is deeply involved with the day to day operations of the SIPT, hence, is subject to impaired judgment, or has questionable motives in overseeing the affairs of this country.
Hon Hague during the period of the Interim Administration, the Governor asented to numerous pieces of legislation and undertook many reforms which were meant to create an environment of good governance and effective and efficient administration during a period of economic downturn. However, these legislations, reforms, austerity measures and tax policies that were implemented in preference to robust revenue strategies resulted in high unemployment, social neglect, large emigration of members of the workforce, abundant business closures and much civil unrest. These effects were coupled with a Governor, who ruled without a social conscience, and had no respect for the business community or indigenous local community, many of whom have publically expressed reciprocal sentiments of the Governor. The Governor and his administration, in their haste to expedite their mandate or agenda ended up violating many principles of good governance that had recently been approved and committed many acts that were similar, or identical to those that members of the previous administration were alleged to have committed. These acts were of such magnitude that even those persons who called for the intervention of the UK Government were calling for the recall of the Governor and regretted the method of intervention by the British.
Hon. Hague, the financial trough that the Turks and Caicos is currently in, due in part to the preferential austerity measures by the Governor is not insurmountable, as the potential of the Turks and Caicos is great and the future is bright. We acknowledge our properly verifiable debt, and are committed to the repayment of this debt. However, the financial strategy for economic growth and loan repayment via VAT that is mandated by the various financial mandates of the CFO and the Governor, are not the way to prosperity. The arguments against VAT in the TCI, and the need for the current method of taxation and economic diversification and growth as avenues to prosperity have all been well articulated by many. The people of this country from all sectors and the representatives of the people, in the House of Assembly, have all said “NO TO VAT” and are all in agreement with the economic strategies put forward by the government. Denial of the expressed wishes of the people, would be a clear indication of democracy not being restored to the people of the TCI!
Hon. Hague as stated already, our beautiful by nature Turks and Caicos has a bright future. But the current Governor, Attorney General and CFO, as remnants of the previous administration are obstacles in the way of prosperity. They never have, and even more so now, enjoyed the trust, confidence and support of the people of the Turks and Caicos Islands. I am hereby requesting that Governor His Excellency Damian Todd, Attorney General Huw Shepard and the Chief Finanical Officer Hugh McGarrel Groves be recalled and replaced by unbiased individuals, better suited to adapt to and to work synergistically with a democratically elected government, the business community and the local community. This will ensure that all stakeholders will have a fresh start at governing the Turks and Caicos Island in the best interest of our people.
Respectfully
Dr. The Hon. Rufus W. Ewing
Premier
Turks and Caicos Islands
Open Letter from Albray V. Butterfield Jr. To The Rt. Hon. William Hague, Secretary of State for Foreign and commonwealth Affairs
Albray V. Butterfield, Jr.
Providenciales
Turks and Caicos Islands
British West Indies
OPEN LETTER
4th February 2013
The Rt. Hon. William J. Hague, MP
Secretary of State for Foreign and Commonwealth Affairs
Westminster, House of Commons
London, United Kingdom, SW1A 0AA
Dear Hon. Hague,
REF:- THE TURKS AND CAICOS ISLANDS AND ITS DEMOCRACY
On 9th November 2012, we the electorate of the Turks and Caicos Islands (“TCI”) went to the polls nationally to democratically elect a Government and House of Assembly of our choice to govern our country’s affairs. At the time, it was our honest belief that the TCI would finally be returning to normal governance by our own local elected leaders. Our optimism for a brighter future became more assured ensuing the success of a series of meetings Hon. Premier Dr Rufus W. Ewing, and Hon. Charles W. Misick attended in London with United Kingdom (“UK”) Ministers, members of the Foreign and Commonwealth Office (“FCO”), fellow Premiers and Chief Ministers from the other British Overseas Territories within the Caribbean and North Atlantic Regions, and you Hon. Secretary of State. However, for some unforeseen and unexplained reason, the honeymoon did not last very long between the Governor’s office in the TCI (“Waterloo”) and the newly elected TCI Government, as it relates to the renewed open partnership between the TCI and the UK.
It appears that Waterloo is back to doing business as usual by continuing to operate as the interim government, attempting to usurp the authority and political will of the democratically elected TCI Government and House of Assembly, making it almost impossible for any elected Government (Progressive National Party or People’s Democratic Movement) to govern and execute its political mandate on which they campaigned.
I am almost certain that this was not the intentions of the TCI electorate on 9th November, when we stood in long lines for hours, some of us for up to eight hours in the hot sun waiting patiently to exercise our constitutional right to vote and elect a democratic TCI Government and House of Assembly in order to relieve Waterloo of its duties as the interim government of the TCI.
Upon possessing office, it is reasonable and expected that a new incoming administration within its first three to six months would have some transitional and settling-in issues with the established Westminster protocols, their respective Permanent Secretaries, the Civil Service on a whole, and Waterloo. However, what’s not expected, is Waterloo taking such a heavy handed, autocratic and unreasonable approach with the new TCI administration’s political mandate; case in point:- Value Added Tax (“VAT”) which was signed into law on 18th July 2012, and scheduled to come into force on 1st April 2013. During the recent national election campaign, all of the local political party’s candidates ran and won nationally and within their respective constituencies, on an anti-VAT platform. Hence, they were politically mandated on 9th November 2013, amongst other things, to repeal the VAT legislation in the TCI House of Assembly at their earliest convenience. On 19th November 2012, when the UK Parliamentary Under Secretary of State for Foreign and Commonwealth Affairs Hon. Mark Simmonds was asked in a question tabled in the UK House of Commons by Labour MP Hon. Brian Donohue, if he (Hon. Simmonds) would reconsider the implementation of VAT in the Turks and Caicos Islands, Hon. Simmonds went on record and publicly replied that: “The introduction of Value Added Tax is a decision for the Turks and Caicos Islands government.” Hon. Simmonds statement to the House of Commons gave our local elected members of the TCI House of Assembly much enthusiastic hope. However, in January 2013, Hon. Simmons responded in writing to the Hon. Premier Dr Ewing stating among other things: “I should be clear that I believe that, at this stage, the best option for the Turks and Caicos Islands is to press ahead with the implementation of VAT.”
VAT is just one example of the many heavy handed, autocratic and unreasonable decisions being made by Waterloo in an attempt to usurp the authority of the elected TCI Government and House of Assembly.
One does not have to be a learned person in political science, or profess to possess the gift of clairvoyance in order to foresee that this alleged co-governance of the TCI internal affairs is a recipe for disaster. Should such acts be allowed to continue, it will have a major tsunami like negative effect on the current socioeconomic affairs of the TCI, and will further delay for many years in the future, the recovery of the TCI economy. If the TCI are to move forward and regain its rightful place within the region, the FCO must allow the democratically elected TCI Government to govern without unnecessary interference in accordance to the autonomy granted through constitutional devolution.
Hon. Secretary of State, the TCI Citizenry was further insulted and disrespected by your appointed Attorney General via his inflammatory press release in January 2013, threatening prosecution, ten years imprisonment and fines of up to US$50,000.00 for anyone that publicly expresses their discontent and causes the TCI Judiciary to be looked upon with disrepute. Your appointed learned Attorney General should have been aware that the United Kingdom’s House of Lords on 10th December 2012, abolished the draconian law of “Scandalising the Judiciary” as a form of contempt of court under the common law of England and Wales. Lord Pannick stated among other things:- “It is no longer necessary to maintain as part of our law of contempt of court a criminal offence of insulting judges by statements or publications out of court. The judiciary has no need for such protection.”
The Turks and Caicos Islands Constitution Order 2011 (“TCI Constitution”), Schedule 2, Part 1, Section 13, guarantees every person that reside in the TCI the right to Protection of Freedom of Expression; it expressly states the following:-
Protection of freedom of expression:-
“13.—(1) Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of expression, and for the purposes of this section the said freedom includes freedom to hold opinions without interference, freedom to receive and impart (to the public generally or to any person or class of persons) ideas and information without interference, and freedom from interference with his or her correspondence or other means of communication.
(2) Nothing in any law or done under its authority shall be held to contravene this section to the extent that it is reasonably justifiable in a democratic society—
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights, reputations and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments;…
Has democracy and the constitutional fundamental rights and freedoms of the Citizenry of the TCI sunk so low that the TCI has now reverted to the era of Apartheid South Africa in the 1970′s and early 1980′s under the oppressive regime of Prime Minister then later President Pieter Willem Botha? Should that be the case, then let me be the first to enlighten your appointed learned Attorney General; the TCI is not South Africa, we are not South Africans, and this is 2013. The days of using draconian laws to silence, threaten, and intimidate the majority into submission to the minority, those days are long gone. We the People of the TCI refuse to remain silent any longer, and refuse to be dictated to by the minority. Today we are empowered, highly learned in the law and have the financial means to fight to the bitter end to defend our democracy and protect our constitutional fundamental rights and freedoms.
According to you Hon. Secretary of State in a written ministerial statement on 12th June 2012, in your update to the House of Commons on progress on the restoration of good governance, and plans to hold elections in the Turks and Caicos Islands, you stated in your conclusion among other things the following: “The UK believes that democracy, whether in an independent country or in an Overseas Territory, provides a solid foundation on which to build an accountable and responsive state. This belief underpins our work to advance democracy worldwide. We will support TCI to develop its democracy in line with our responsibility for security and good governance and our positive vision for our Overseas Territories.”
If what has been happening, and is now being allowed to continue to happen in the TCI since 9th November 2012 (i.e. the Political Will of the democratically elected TCI Government and House of Assembly is being ignored and usurped, and the Constitutional Fundamental Rights and Freedoms of the TCI Citizenry are now being attempted to be suppressed through fear and intimidation by your appointed Governor, Attorney General and by extension you as head of the FCO), then UK’s definition of “DEMOCRACY”, is no different than that of the Republic of Cuba, the Syrian Arab Republic, the Islamic Republic of Iran, the People’s Republic of China, and the Democratic People’s Republic of Korea, hence making the United Kingdom one of the biggest and most blatant hypocrites’ of this new millennium.
As a result of the heavy handed and autocratic approach being meted out by Waterloo, one good thing has derived from such actions; it has united us as a people and further strengthen our resolve to never give up fighting for our democracy and constitutional rights. On Friday 1st February 2013, an historical event took place for the first time in TCI political existence, all of the democratically elected members of the TCI House of Assembly debated with sincerity and ensuring unanimously voted to repeal the Value Added Tax legislation. The result was a super majority victory with all of the elected members on both sides of the aisle voting “YES” to repeal. This demonstration of national unity was a loud statement to the UK and the world that we the People of the TCI have spoken, we are finally maturing politically, and we are determined to reclaim and preserve our democracy.
Schedule 2, Part 4, Section 74 of the TCI Constitution, bestows upon Waterloo the powers to assent, and/or recommend amendments, or veto any bill that was ratified by the TCI House of Assembly. However, should you Hon. Secretary of State choose not to have Waterloo assent to the express will of the People of the TCI, and have the bill vetoed, then the world will finally know that Democracy in the Turks and Caicos Islands has died, and the Turks and Caicos Islands are being ruled under an Autocracy regime, and the elections of 9th November 2012, was nothing more than political theatrics to quell the local and international political pressure that had reached it limits.
Hon. Secretary of State, the vast majority of the TCI Citizenry, its full and part-time residence has lost all respect and confidence in your current appointed Governor of the Territory, and the current Attorney General as chief legal advisor to Waterloo, and the local elected TCI Government. Therefore, we Turks and Caicos Islanders are humbly and respectfully requesting that you urgently address the situation in the TCI before it escalates any further. The people of the TCI have reached the point where we will not tolerate much longer any further disrespect from your appointed personnel. Please honour your promises and statements made to the TCI during Hon. Premier Dr Ewing most recent visit to London in mid-November 2012, and prove to the world that the United Kingdom is a pillar of democracy.
I am publishing this letter openly in order to bring this matter to the attention of the international community.
Respectfully yours,
Albray V. Butterfield, Jr.
A concerned proactive Turks and Caicos Islands corporate citizen
CC:-
Hon. Mark J. M. Simmonds, Parliamentary Under Secretary of State for Foreign and Commonwealth Affairs
His Excellency Governor Damian R. Todd, UK Governor of The TCI
Hon. Robert Hall, Speaker of The TCI House of Assembly
Hon. Premier Dr Rufus W. Ewing, Premier of The TCI
Hon. Sharlene Cartwright-Robinson, Leader of The TCI Opposition
Hon. Members of the TCI House of Assembly
General elections, which will return the Turks and Caicos Islands to self-rule, will be held on November 9, 2012. This was announced by the Secretary of State for Foreign and Commonwealth Affairs William Hague in London on Tuesday June 12th. “I am pleased to inform the House that the interim government in TCI, led by the Governor and supported by TCI and UK public servants and specialist advisers, has made significant progress with an ambitious reform programme. We now judge there has been sufficient progress, on the milestones and on putting in place robust financial controls, to set 9 November as the date for elections,” Hague said.
Democracy is in danger in Turks and Caicos Islands and I am a victim of this.
In July 2008 The Governor of Turks and Caicos – representing the UK Government – appointed a Commission to conduct an Inquiry into “possible corruption or other dishonesty” in Government. Hearings were held – presided over by His Lordship, Mr. Justice Sir Robin Auld – in January of 2009, concluding in February of the same year. In August 2009, His Excellency, then the Governor of the Turks and Caicos islands, Gordon Wetherell brought into force an Order in Council suspending portions of the Turks and Caicos Islands Constitution. Under this move Ministerial Government, and the House of Assembly – which is the only means of representing the people – was dissolved and all representative seats were vacated, with the promise of elections in 24 months. Amongst the astounding changes was that the basic right in the European Declaration of Human Rights to a Trial by Jury was also suspended, and confirmed recently by law. The sole political power in the Turks and Caicos Islands is now the Governor, appointed by the British government. He has appointed an Advisory Council and a Consultative Forum. However, as the appointment documents make clear, the Governor has no obligation to follow or regard their recommendations. This undemocratic move, which is totally inconsistent with Article I of the United Nation’s Charter on the Right to Self-Determination, is still the case in Turks and Caicos, and still, now nearly 2 and a half years later.
And still there is no date for elections.
My involvement in the Turks and Caicos dates from early 2005. In June of that year we purchased a private island called Dellis Cay, to develop a USD$1 billion project with the Mandarin Oriental Hotel and villas with world famous architects – including Zaha Hadid, David Chipperfield, Kengo Kuma, Shigeru Ban, Piero Lissoni and Carl Ettenspenger. The development proceeded in an unremarkable fashion, with usual succession of planning permits, from the start construction date of June 2008 to October 2009. A mixture of funds from my own resources, sales of residential units and loans from the Trinidad & Tobago Unit Trust Corporation funded the development.
In June of 2008, we bought a second island, Joe Grant Cay, from the Crown (The government of Turks and Caicos), presented the deal structure to the British Governor of Turks and Caicos – who was then His Excellency Richard Tauwhare – with the development agreement signed in November of 2008 by the new Governor, His Excellency Gordon Wetherell, with the objective of developing a resort with Bulgari Hotel and Villas.
In January 2009, in the course of hearings by the Commission of Inquiry, the Premier of Turks and Caicos disclosed political contributions by several businessperson and companies toward his party’s elections, two years before, in 2007. He disclosed a political contribution made by our company as well; which is normal all over the world, including in Britain.
Neither the Inquiry, nor the Judge, nor the Governor made any request of me, or my representatives to provide answers about these contributions. Yet, our actions were remarked upon adversely in the Commission’s report.
In June 2009, we asked the High Court of Turks and Caicos Islands to undertake a Judicial Review of the Final Report of the Commission of Inquiry, with the result that the Supreme Court called for the removal of any and all adverse references to my or our companies. In his ruling the Chief Justice agreed with us, that there was a “Clear and almost total failure by the Commission to follow its own procedures”. His Lordship stated further that I had not been given a fair hearing, and said that if any adverse statements were included in the Final Report, they should not be published.
It must be understood that even though this court is in Turks and Caicos, it is an English court, applying English law and procedures. Yet, four (4) weeks later, in July of 2009, the Final Report was published, with text unredacted, so that the adverse statements made about me and my companies, which were judged to have been unfair and unlawful, were made public; even after the Chief Justice ruled they should not be published.
Despite my attempts to cooperate and assist the lending bank for our projects to understand the issues relating to the Commission of Inquiry and their unlawful published reports, it was no longer possible to avoid the entrance into Receivership of the Dellis Cay project in favour of the Trinidad and Tobago Unit Trust Corporation in October 2009.
This failure of the Commission to follow the law has therefore done me harm because I provided personal guarantee to the Trinidad and Tobago Unit Trust Corporation.
Since that time – January 2010 – the bank has obtained a worldwide freezing order against me. The Attorney General of Turks and Caicos issued a Writ and Statement of Claim regarding Joe Grant Cay in July 2010.
I have appealed both actions.
After three (3) years, in October 2011, I was finally able to explain my side of the allegations of bribery for the political contributions above. In the meantime, my assets in Dellis Cay and the assets of buyers in that development have been destroyed; even though I have never bribed anyone in Turks and Caicos, or anywhere else.
I have been made a victim of the politics of Turks and Caicos. In English law, the saying is that “justice must not only be done, but it must be…seen to be done”. I speak now to warn that this is not the case in Turks and Caicos and to say that human rights, and property rights, democracy and justice are under threat in Turks and Caicos
Shaun Malcolm again in discussions with his letter.The guy is champion in TCI with his letters to UK Government before and during UK Commission of Inquiry and Interim Government in Turks and Caicos Islands since 2009
Ashcroft case ‘a threat to free speech’ court told sues Independent for ‘defamation’
A “fundamental bulwark” of free speech could be lost if The Independent is denied the right to defend its decision to publish extracts from a letter written by a Turks and Caicos politician alleging that Lord Ashcroft posed a threat to democracy on the islands, a court was told yesterday.
The Tory peer is seeking damages from Independent News and Media (INM), former owners of The Independent, over articles published in November 2009, one of which quoted from a letter to David Cameron from an opposition Turks and Caicos politician, Shaun Malcolm. The letter pleaded that if the Conservatives came to power, they should not allow Lord Ashcroft to influence British policy on the islands, which have been under direct rule by the Foreign Office because of corruption in the government of the former Prime Minister, Michael Misick.
Lord Ashcroft worked for many years with William Hague, and bankrolled the Conservative Party while Mr Hague was party leader. The Independent alleged that he profited from a short-lived construction boom on Turks and Caicos, fuelled by the corrupt sale of crown land, the court heard. Mr Malcolm alleged in his letter that Lord Ashcroft’s wealth gave him influence which “we feel puts any hope of democracy at risk,” the court heard.
David Price QC, for INM, argued that this was comment, and in law even a ” whacky opinion” can be justified if it has any basis in fact. An appeal court has spent two days listening to arguments over what grounds the newspaper company can use to defend the case. Mark Warby QC, for Lord Ashcroft, claimed the allegations against the Tory peer were so “garbled and unclear” that it would be unfair to expect him to answer them. This argument has been upheld by Britain’s most senior libel judge, Mr Justice Eady, who said Mr Malcolm’s claim that Lord Ashcroft exercised a “level of influence” was a “defamatory comment” lacking “a factual basis”.
Mr Warby added that INM’s legal team had repeatedly gone back to Justice Eady with amendments to their case, but had failed to persuade him to lift the order.
