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Unit Trust Cooperation TTUTC of Trinidad and Tobago & Dellis Cay/ Story of Dr. Cem Kinay Part 5

The Receivership of Dellis Cay through Unit Trust Cooperation of Trinidad& Tobago

  1. TTUTC is a financial services company (“the Bank”) operating in Trinidad and Tobago.  The Bank’s Merchant Banking department undertakes the origination, structuring, marketing and public pricing of public offerings and private placements of equity-related securities as well as debt securities for local and regional corporations, institutions and regional governments.
  • Despite my attempts to cooperate and assist the Bank to understand the issues surrounding the leak of the unredacted report, and the issues surrounding Turks Development Ltd, which has made the political contribution to the ex-Premier Missick on Jan 2007, and the political risks associated with Turks Ltd, The Bank has changed its position vis-à-vis the Company, its directors, despite a strong letter of comfort that it had provided.
  • On 27 August 2009, I have met the Bank’s Board in their Board Room, in Trinidad. They asked about the Commission of Inquiry in Turks and Caicos Islands and whether the Bank’s funds were used for political donation. We have responded that the political contribution in question was made on January 2007, well before any relation with the Bank. Furthermore, we have provided a plan and additional security to the TTUTC. 
  • As a result of the Governor’s and Bank’s negligence, we have suffered loss and damage and as result, on 15 October 2009, a Receiver was appointed by the Bank.
  • To date, $174 million has been spent on Dellis Cay . The development has gone into receivership due largely to the adverse publicity generated by the unlawful publication of the complete (unredacted) version of the final report of the TCI Commission of Inquiry.
  • I had provided the funding bank, TTUTC a personal guarantee for the entire loan. On 22nd of January TTUTC has obtained “a worldwide freezing order/mareva with an ancillary disclosure of assets orderfrom the Supreme Court of Turks and Caicos Islands against me and my partner Oguz Serim. Since that date, proceedings continue. We have filed a counter claim against TTUTC, for the breach of confidentiality that caused our collapse, as their lawyers spread the word that they will put our company in receivership, well before the action was taken by them.
  • On January 2011, the Court has issued a Mareva Injunction against me and my partner. We have still this injunction.
  • I have appealed the decision on March 2011. To date the appeal is not heard.More as 10 years are gone without any progress.
  • Since the receivership of my companies, I could fund my personal expenses, and my legal costs from the proceeds of the sale of my personal house in Miami. The proceeds of the sale were placed in escrow by the order of the Court and I could only use it by the order of the same. 
  • The funds through sale of lots, villas or residences on Dellis Cay NEVER have been wired directly to the accounts of our company. The purchasers paid their installments into accounts of the TTUTC! TTUTC sent the funds after confirmation of their quantity survey to the construction company.
  • In the last months before receivership TTUTC stopped the wire transfers for progress of the construction works.
  • Publishing of unredacted report of Inquiry and following negligence of the TTUTC has brought the owner company of Dellis Cay in receivership.
  • Me, my partner and purchasers of Dellis Cay have lost all of their assets.
  • All the years after receivership all of our actions to find a solution with TTUTC and to continue with construction of Dellis Cay were without any result.
  • TTUTC has ignored any contact.
  • TTUTC has destroyed our and purchasers assets.
  • 12 years after receivership I am appealing for just and progress.
  • I am calling on Premier Hon. Washington Missick, Deputy Premier EJ Saunders and His Excellency the Governor Nigel Dakin to stop any transaction because of unlawful sale of my property and make me and my partners and purchasers a part of a solution for this development.
  • I am publishing one of several letters to TTUTC (the last one )

Dr CEM KINAY

Wednesday, December 23, 2020

Mr. Nigel Edwards Executive Director TTUTC

RE: DELLIS CAY

Dear  Mr. Edwards

I hope that this letter finds you well. We have never met. I am Dr. Cem Kinay, the founder of Turks Ltd, the company that has being developing Mandarin Oriental     Dellis Cay at Turks and Caicos Islands until our business ran into difficulties due to the political crisis in the Turks and Caicos Islands back in 2009, some 11 years ago. I believe that the circumstances are very different now and there may be a possibility to continue to the development of my beloved project.

I am contacting you in order to communicate to you that I have investors interested to acquire Dellis Cay and in this regard, I would appreciate if you could provide my investors an opportunity to understand the current conditions for sale for this property that is in your possession.

It has been my effort to save Dellis Cay for many years, and I hope this time my investors can meet your requirements. My aim is to complete Dellis Cay as soon as possible

My investors and I are the best suited people to carry on this development, as we have the knowledge, experience, how to build on that island at affordable budgets. I don’t expect any other party to be able to deliver the same construction quality, speed, and cost within a short time-frame, i.e. 15 months from the  commencement  of  construction once we are all ready to commence Dellis Cay.

I have decided to approach you personally as I believe you can place me at the right direction.

I look forward to hearing from you.

Regards

Dr Cem Kinay

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BREAKING NEWS

Dr.Cem Kinay Statement regarding Dellis Cay & Joe Grant

Istanbul, 22.01.2022

Statement of Dr. Cem Kinay on Dellis Cay and Joe Grant

I understand from Turks and Caicos Islands sources Slot Bet Rendah that Dellis Cay, our private island development is under offer.

Since 2009, I have Slot Gacor Maxwin been living stripped of my basic human rights and my assets in Turks and Caicos Islands. It has been 13 years since my name was leaked in an unredacted Commission of Inquiry report in 2008, and

10 years since a TCI Court has Slot Pragmatic concluded we obtained benefits because of a perfectly legal political donation to Hon. Michael Misick, then the Premier.

As a Slot Bet Kecil result of allegations, Trinidad Tobago Unit Trust Corporation has appointed a receiver to Dellis Cay and placed our land for sale back in 20009.

Then, only 200 acres of Joe Grant Cay which Slot Maxwin we acquired for 3.2 million at an alleged “undervalue” with the approval of TCI Governor Richard Tauwhare is sold for 4.04 million for whole island, to private investors back in 2013.

The allegations Slot Bet Kecil 100 that Joe Grant Cay was worth much more than what we paid for, proved to be completely rootless.

The TCI courts did not admit our expert witness statements, valuations, and our appeals were not heard. This transaction is unlawful, and we will go in 2022 to Human Rights Court for this unlawful transaction.

In fact, there was no “favor” from anyone for any of my developments in TCI. I have been simply victimized by politics. My assets were frozen, and hundreds of people lost their jobs. A Slot Gacor Hari Ini lot of villa and residence purchasers lost their assets too.

I will Slot Maxwin continue my legal actions for Dellis Cay as any cost and will not leave this private island which I have paid my hard-earned funds to acquire from its private owner in 2005. I have spent years planning, designing, organizing, and attracting internationally repute designers,

like Zaha Hadid, Piero Lissoni, Shigeru Ban, Kengo Kuma, David Chipperfield, Carl Ettensperger, Chad Oppenheim, hotel operators like Mandarin Oriental Hotels and Bulgari Hotels, as RTP Slot Tertinggi well as customers for this development and

I will not let it go.

I am calling on Premier Hon. Washington Missick, Deputy Premier EJ Saunders and His Excellency the Governor, Nigel Dakin to stop any RTP Live transaction because of unlawful sale of my property and make me and my partners and purchasers a part of the solution for this development.

God bless Turks and Caicos People.

Dr. Cem Kinay

Owner of Dellis Cay

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Direct Rule of UK in Turks and Caicos Islands-Story of Dr.Cem Kinay Part 4

Direct Rule of UK

On August 12, 2009, former https://www.seacliffapartments.com/idn-poker-online/ Turks and Caicos Islands premier Michael Missick

has lost his appeal against the earlier rejection by the High Court in London of his

bid to challenge https://mwe100.com/poker-online/ a decision by the British government to suspend the territory’s

constitution.

Following the https://mussogomme.it/poker-online/ decision in the Court of Appeal in London on 12th August and on

the instruction of UK Ministers, The Governor brought into force the Order in

Council suspending parts of the Turks and Caicos Islands https://simplygroup.it/poker-online/ constitution.

Ministerial government and the House of Assembly are suspended meaning that

Cabinet would no longer exist and the House https://livesound.store/idn-poker-online/ of Assembly is dissolved and

Members’ seats are vacated. The constitutional right to trial by jury is also

suspended with immediate effect. In accordance https://epusenergy.com/idn-poker/ with the Order in Council, this

will be for a period of two years, subject to extension or abbreviation as

necessary.

The Governor was responsible for the government of the Turks and Caicos

Islands.

Special Prosecutor

A Special Prosecutor, Ms. Helene Garlick was appointed to investigate the case.

There would be investigation concerning the Politicians (as the Final Report makes

a recommendation to investigate the Politicians)

a. If the Prosecutor will have sufficient https://kirbybreefitness.com/idn-poker-online/ evidence to charge the Politicians,

she will be making the charge, and we should look at a 6-9 months trial

period, and appeals for the Politicians.

b. Whilst we believe there is sufficient for the police to request an interview

of developers, including myself on the basis of a suspicion that I sought to

bribe the Premier in relation https://academipress.com/idn-poker/ to Joe Grant Cay, the preparations are made

for it and strong evidence to prove the contrary are ready.

TTUTC

TTUTC is a financial services company (“the Bank”) operating in Trinidad and

Tobago. The Bank’s Merchant Banking department undertake the origination,

structuring, marketing and public pricing of public offerings and private

placements of equity-related securities as well as debt securities for local and

regional corporations, institutions and regional governments.

Despite our attempts to cooperate and assist the Bank to understand the issues

surrounding the leak of the unredacted report, and the issues surrounding Turks

Development Ltd, which has made the political contribution to the ex Premier

Missick on Jan 2007, and the political risks associated with Turks Ltd, The Bank

has changed its position vis-à-vis the Company, its Directors, despite a very

recent letter of comfort that it had provided.

On 27 August 2009, I have have met the Bank’s Board in their Board Room, in

Trinidad. They asked about the Commission of Inquiry and whether the Bank’s

funds were used for political donation. We have responded that the political

contribution in question was made on January 2007, well before any relation with the bank.

As a result of the Governor’s and Bank’s negligence, we have suffered loss and

damage and as result, on 15 October 2009, a Receiver was appointed by the Bank.

To date, $174 million has been spent on Dellis Cay.

The development has gone into receivership due largely to the adverse publicity generated by the

unlawful publication of the complete (unredacted) version of the final report of

the TCI Commission of Inquiry.

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News

Commission of Inquiry in Turks and Caicos Islands-Story of Dr.Cem Kinay Part 3

Commission of Inquiry

On 10 July 2008 the Governor of the Turks & Caicos islands appointed Sir Robin
Auld
to conduct an Inquiry into possible corruption or other serious dishonesty in
recent years of past and present elected members of the legislature. Public
hearings were held in the course of January and February of this year. There
were 20 counts of allegations against Mr. Misick, who resigned due to those
various allegations.

Most of the existing developers in the Turks and Caicos Islands were also mentioned during the Commission’s work.
In the course of the hearings, among many other developers, and questions, It was
put to politicians that Joe Grant Cay has been sold to me in June 2008 and my
partners at an undervalue and that a political donation of US$500,000 in January
2007, made by myself shortly before an early election called by the Premier
Michael Misick , was a bribe connected with negotiations that were underway at
that time in connection with the purchase of Joe Grant’s Cay.

No request was ever made by the Inquiry to me to give evidence, but nonetheless wrote to the Inquiry setting with an expression of my concern to allegations in circumstances which were grossly unfair and a breach of the principles of natural justice.

Furthermore, I have made preparations with our UK lawyers for any
possible investigation concerning the valuation of this property together with the
details of the political contribution. In that respect: We have finalized with CB
Richard Ellis, Savills of UK , Ernst & Young as well as local appraisers such as
CASL, BCQS, and Concept Plus, numerous valuation reports of Joe Grant Cay as
of June 30, 2008.
We have collected evidence, and records of the political contribution made in Jan
2007, including confirmation letters from our banks, that demonstrate that the
contribution was in fact no secret, and could not be construed as a bribe. It is
perfectly legal to make political donations in the Turks and Caicos Islands.


The Judicial Review


Against the risk of being named in the Auld Report, we have asked the High
Court of Turks and Caicos Islands to Judicially Review the Final Report, and deal
with any mention of Joe Grant Cay, and Dellis Cay and myself, if any.


The Supreme Court of Turks and Caicos Islands called for the removal of any
adverse reference to me or my companies from the Final Report of the Turks and
Caicos Islands Commission of Inquiry. In his ruling, His Lordship the Chief
Justice of the Turks and Caicos Supreme Court, Gordon Ward OBE agreed with
my counsel, Clare Montgomery QC, that there was a “clear and almost total
failure by the Commission to follow its own procedures.”

The Chief Justice in his Judgment stated that I have not been given a fair hearing:

“I am satisfied that Dr. Kinay has not been given a fair hearing and that

even the limited terms of the Salmon letter do not remedy the earlier

errors. He had a legitimate expectation that the Commission would follow

its own procedures in respect of a person considered to be implicated and

it failed to do so.

The final allegations did not arise from the evidence to

which he replied on 30 January 2009 and he had no indication that further

allegations would be raised against him entirely without notice. “

“The Commission clearly has the right to recommend that there be further

investigation of a named person but the manner in which the reasons for

any such recommendation were obtained and presented to the public

hearing were so clearly in breach of the recognised standards of fairness

that they must be ultra vires the Commission’s powers. If included in the

Final Report, they should not be published or mentioned in any statements

about the case.”

The Public Leak

Early on Saturday July 18th 2009, the Turks and Caicos Commission of Inquiry

published a redacted version of Sir Robin Auld’s Final Report. The purpose of

redacting the report insofar as it related to Dr. Kinay was to remove adverse

references to me and my companies. However, as His Excellency the Governor

later acknowledged, it became apparent that it was possible to access the

unredacted text and I asked him to take steps to have the Final Report removed

from the Commission’s website.

By July 21st, 2009 it had become apparent that the unredacted report was widely

available. In response to evidence of that and an application by Turks and Caicos

Weekly News and WIV Channel 4 News Dr. Kinay did not seek the continuation

of the injunction. It was accepted that Dr. Kinay was an innocent victim of the

disclosure of the unredacted report. Those adverse references had been made

unfairly. Regrettably they have now been given publicity. That does not make

them fair when they are not.

We have also received a letter from the Attorney General of Turks and Caicos

Islands,. The letter expresses the Governor’s regrets with his unreserved apologies

to Dr Cem Kinay, director of Turks Ltd. The Governor’s apology relates to the

discovery of the possibility of uncovering the redacted parts of the TCI

Commission of Inquiry Final Report which was posted on the Commission’s

website early on Saturday July 18th 2009. The purpose of redacting the report

insofar as it related to Dr. Kinay was to remove adverse references to Dr Kinay

and his companies. The Chief Justice had found on June 18th, 2009 that the

adverse findings made against Dr. Kinay were unlawful and that it is unlawful for

the Governor to publish those findings.

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Story of Dr.Cem Kinay in Turks and Caicos Islands Part 2

Dr:Cem Kinay

Dellis Cay

Dellis Cay is  a pristine island situated in the Turks and Caicos Islands, a British Overseas Territory. It is a 20 minute boat ride from the main island of Providenciales and next to Parrot Cay.

Dellis Cay would be the most spoken project worldwide with an investment of one billion USD and would be home for around 100 families from around the world and around 1000 TCI people would get a job at world best hotel company Mandarin Oriental .

I am sure Dellis Cay ,when would be completed and opened in 2010 ,would change the whole destiny of Turks and Caicos Island.

I have today still the same belief.My involvement in the TCI dates from early 2005 at which time I was seeking development opportunities for the development company, the O Property Collection Gmbh, Austria which was also owned beneficially by the Austrian Foundations.  The aim of O Property Collection was to leverage my and my partner Oguz Serim’s successful background in luxury resort development and management. We are highly regarded in that industry. I was introduced to Donatella Zignone Dini, then the owner of Dellis Cay, a private island of 560 acres of which 220 acres were privately owned by one of her companies Dellis Cay Development Company Ltd (DCDC), and the remaining 340 acres TCIG owned in the Turks and Caicos Islands. As of 30 June 2005, Dellis Cay had no Development Agreement, therefore no zoning, no permits, no water, some roads, and an underground electricity line passing through the island.  Turks Ltd bought the island for US$18 million.

I have on November 2006 signed a management and branding agreement with Mandarin Oriental Hotel Group for the branding and management of Dellis Cay.

I have hired for this exceptional development worlds best and well known architects, design partners.

SHIGERU BAN

PARIS, FRANCE / TOKYO, JAPAN

Shigeru Ban, born in Tokyo, studied at the Southern California Institute of Architecture from 1977 to 1980, and graduated from the Cooper Union School of Architecture in 1984. He was apprenticed in the studios of Arata Isozaki from 1982-83 and in 1985 he opened his own studios in Tokyo. In 1996 he was awarded the Kansai Architect Grand Prize and the first prize in the Mainichi Design Award. Ban is known for his research into the use of economic materials, especially Paper Tube structure.  His recent projects include the Japanese Pavilion at Expo 2000, and the New Pompidou Centre in Metz, France. He also worked for the UNHCR to develop refugee’s shelters in Rwanda and disaster relief houses after earthquakes in Kobe (1995), Turkey (1999), India (2001) and the Tsunami in Sri Lanka (2004).

Ban would undertake the construction of the Caribbean’s first true over-the-water villas in Dellis Cay’s “South Beach” Lifestyle Zone. Each villa would l be divided into a main villa located on the beach and a floating house that will be entirely surrounded by water and linked to the beach by a discreet floating deck.  Ban would also design one of the “The West Beach Estates,” located at the most desirable location on Dellis Cay and enjoying the longest beachfront and the largest villas.  A sparsely developed Lifestyle Zone with most of the natural vegetation of the cay intact, the West Beach Estates will offer magnificent views of the reef located just offshore. 

DAVID CHIPPERFIELD

LONDON, UK

David Chipperfield trained at the Architectural Association in London and worked for Douglas Stephen, Richard Rogers and Norman Foster. He was a founding member and director of the 9H Gallery and a trustee of the Architecture Foundation. He is currently Professor of Architecture at the Staatliche Akademie der Bildenden Künste in Stuttgart. David Chipperfield Architects was established in 1984, and has since undertaken work in Europe, Japan and the US. In 1997, Chipperfield won a major competition to redevelop the Neues Museum, one of the most important public buildings in Berlin, involving its reconstruction and re-interpretation as a historical monument. In 1999, he was awarded the Tessenow Gold Medal, and in 2004 he was appointed Commander of the Order of the British Empire (CBE) for services to architecture.

David Chipperfield Architects would be responsible for design and development of the “North Beach” Lifestyle Zone at Dellis Cay. The North Beach development lies on a natural peninsula, enjoying spectacular views of both the neighboring island of Parrot Cay to the north and the island’s mangrove interior to the south. David Chipperfield Architects would develop modern luxury villas, each with at least 150 feet of ocean frontage affording direct access to the channel that connects Dellis Cay and Parrot Cay. 

Chipperfield would also design one of the “The West Beach Estates,” located at the most desirable location on Dellis Cay and enjoying the longest beachfront and the largest villas.  A sparsely developed Lifestyle Zone with most of the natural vegetation of the cay intact, the West Beach Estates will offer magnificent views of the reef located just offshore.

CARL ETTENSPERGER

SINGAPORE, SINGAPORE

Carl Ettensperger, Managing Director of C&C Studio, a Singapore-based boutique design studio, is a graduate from the Art Centre College of Design, Pasadena, Calif. His illustrious career includes being an MD of Hirsch/Bedner & Associates (HBA)

and Wimberly Allison Tong Goo (WATG), Singapore, as well as setting up his own company, Interior Design Network International Pte Ltd (IDNI), in 1996. C&C Studio was established in 2001. He has been involved in some of the most prestigious mega-projects in the hospitality industry, including The Residence Hotel in Tunisia; Grand Hyatt, Taipei; St George’s Terrace, Australia; Grand Hyatt, Bali; The Canyon Ranch Spa Club, Las Vegas; The Park, Calcutta; Hyatt Regency, Kathmandu, Nepal; Canyon Ranch Health Resort; and the Bali Hyatt Spa in Indonesia. Some of his more recently completed projects are The Living Room, Marriott Hotel, Singapore; the Mandarin Oriental Hotel, Hong Kong; Leela Palace Hotel in Bangalore and Bombay and the Hilton, Maldives.

Carl Ettensperger has also been selected to develop over-the-water villas in Dellis Cay’s “South Beach” Zone.  These water villas will be created in a style reminiscent of traditional Asian architecture, and will be adjacent to the over-water restaurant, a main attraction on the island, where residents and guests will enjoy fine dining on the pristine beach.Carl Ettensperger died in 2013.RIP for him.

ZAHA HADID

LONDON, UK

Zaha Hadid studied architecture at the Architectural Association in London, where she was awarded the Diploma Prize in 1977. Hadid began her own practice in 1979 with the design of an apartment in Eaton Place, London, which was awarded the Architectural Design Gold Medal in 1982. Since then, Hadid has won many awards, and most recently was the recipient of the 2004 Pritzker Architecture Prize. Hadid’s past projects include Strasbourg (2000), JVC Hotel Guadalajara (2000), National Library of Quebec Montreal (2000), and Bergisel Ski Jump Innsbruck (1999), among others.  Hadid has won many awards for her work, and most recently was the recipient of the 2004 Pritzker Architecture Prize.

Hadid has been commissioned to oversee the Dellis Cay Master Plan, as well to design the futuristic-themed “Marina” Lifestyle Zone, which includes luxury condos and a hotel, a number of beachfront villas, a commercial building with restaurants and boutiques, a marina with 110 slips and 4 to 5 mega-yachts, and a lighthouse.  The Marina Zone will encompass fluid architecture that uses water as a common design element, both outside and inside the marina space.  Hadid will also design the one of the “The West Beach Estates,” located at the most desirable location on Dellis Cay and enjoying the longest beachfront and the largest villas.  A sparsely developed Lifestyle Zone with most of the natural vegetation of the cay intact, the West Beach Estates will offer magnificent views of the reef located just offshore.Zaha Hadid died in 2016.RIP Zaha Hadid

KENGO KUMA

TOKYO, JAPAN

Kengo Kuma established Kengo Kuma & Associates in 1990. The architect’s numerous residential works, museums, and other public facilities have received on-going critical acclaim and have won several national and international awards including the prestigious Architectural Institute of Japan Award in 1997. Recent projects include LVMH Group’s Japan headquarters completed in 2003, Suntory’s new Tokyo office building, and the Kodan Shinonome apartments completed in 2004, as well as the Great (Bamboo) Wall House – a structure formed primarily of glass and Chinese bamboo – outside of Beijing, completed in 2002. In addition to a professorship at Keio University’s Faculty of Science and Technology since 2001, Kuma frequently lectures at other institutions.

Kengo Kuma has been commissioned to create the “Spa” Lifestyle Zone at Dellis Cay, including what will be known as the Spa Lake Villas as well as the exclusive and exotic Resort Spa. Kuma would also design the one of the “The West Beach Estates,” located at the most desirable location on Dellis Cay and enjoying the longest beachfront and the largest villas.  A sparsely developed Lifestyle Zone with most of the natural vegetation of the cay intact, the West Beach Estates will offer magnificent views of the reef located just offshore.

PIERO LISSONI

MILAN, ITALY

Born in 1956, Piero Lissoni started his career as a designer in 1978.

After his Architecture degree at Milan Polytechnic, he started his collaboration with Boffi  in 1985. Together with Nicoletta Canesi, Piero Lissoni founded Lissoni Associati (1986) and Graph.x (1996) developing projects of Architecture, Interiors, Industrial and Graphic Design in addition to Art Direction and Corporate Image.  Among his clients : Alessi, Boffi, Cappellini, Cassina, Flos, Fritz Hansen, Glas, Kartell, Knoll International, Lema, Living Divani, Matteograssi,Poltrona Frau, Porro, Tecno, Thonet and Wella. Among his recent interior realisations: interiors of the Shangri La Hotel & Resort in Miami; a private villa near Como.

In Venice, restoration and furnishing of all common areas of the luxury Hotel “Monaco and Grand Canal” and the Bacaro Bar, a multifunctional space bar-library-restaurant adjacent to Hotel Monaco; in Istanbul the Bentley  design hotel ;  in Switzerland the “Al Porto” Hotel by the  Zurich Lake; in Tokyo the “Mitsui Garden” business Hotel in the trendy neighbourhood of Ginza.

In November 2005, Piero Lissoni  received one of the highest recognition in the design world: the prize “Hall of Fame of Interior Design” in the occasion of a reception  in  New York Waldorf Astoria and more recently  the “Best Kitchen 2005” Elle Décor International Award  for“ Table System ”  Boffi kitchen .

Lissoni would be responsible for architectural and interior design of Dellis Cay Phase I, comprised of the main Mandarin Oriental Hotel with ultra-luxury penthouses, residences, and beach villas.  The Hotel building will accommodate general areas such as the lobby, restaurants, bars, and pool. Lissoni will also design the one of the “The West Beach Estates,” located at the most desirable location on Dellis Cay and enjoying the longest beachfront and the largest villas.  A sparsely developed Lifestyle Zone with most of the natural vegetation of the cay intact, the West Beach Estates will offer magnificent views of the reef located just offshore.

  • On June 2008, the construction started and continued on Dellis Cay until October 2009.
  • The Dellis Cay development was funded by a mixture of funds from us, sales of residential lots and loans from the Trinidad and Tobago Unit Trust Corporation. 
  • The development proceeded in an unremarkable fashion from that date with the usual succession of planning applications (46 so far) and permits obtained.
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Story of Dr Cem Kinay in Turks and Caicos Islands Part 1

Here is my story:
1. I practiced medicine at the General Hospital of Vienna in Austria. I received my PhD from the University of Vienna Medical School in 1984.
I am Austrian Citizen, Belonger of Turks and Caicos Islands.
I was born in Istanbul Turkey, graduated from Austrian school in Istanbul in 1977.
2. In 1987, Magister Oguz Serim, my other Austrian citizen partner, and I set up a tour operator by the name of Gulet Touristik, the largest tour operator in Austria.
In 1990, Mr Serim and I founded the first ” All Inclusive Hotel Operator” in Europe, the Magic Life Group (“Magic Life”).
Magic Life owned and managed luxury properties in Turkey, Austria, Greece, Tunisia, Spain,Egypt and Bulgaria.
In 1997, Mr Serim and I established a further tour operator, Gulet Touropa Touristik.
In 2004, we sold Magic Life and Gulet Touristik to the German tourism group TUI AG, one of the world’s largest tour operators.
3. I am widely recognized for my contributions to the travel industry, In 1996 I was lauded as Austria’s “Tourism Manager of the Year” and

in 1997, as “Man of the Year” and

finally on 2006, I have been honored with “State Medal Of Austria”


My partner Oguz has also been provided with the same honor.
4. Mr. Serim and I have founded 2 Austrian Foundations and all
proceeds of the Magic Life sale was donated to the Foundations. Foundations
owned beneficially Turks Ltd, a Turks and Caicos Islands ordinary company incorporated in the Turks and Caicos Islands (“the TCI”) a British Overseas
Territory in the West Indies according advise of our well known lawyers in Providenciales and Miami.
The Dellis Cay project
5. My involvement in the TCI dates from early 2005 at which time I was seeking
development opportunities for the development company, the O Property
Collection Gmbh, Austria which was also owned beneficially by the Austrian
2 foundations . The aim of O Property Collection was to leverage my and my partner Oguz Serim’s successful background in luxury resort development and
management. They are highly regarded in that industry.
6. I was introduced to Donatella Zignone Dini, then the owner of Dellis Cay, a
private island of 560 acres of which 220 acres were privately owned by one of her companies Dellis Cay Development Company Ltd (DCDC), and the remaining 340 acres TCIG owned in the Turks and Caicos Islands. As of 30 June 2005, Dellis Cay had no Development Agreement, therefore no zoning, no permits, no water, some roads, and an underground electricity line passing through the island.
Turks Ltd bought the island for US$18 million.

Dr.Cem Kinay first arrival on Dellis Cay 2005
Categories
BREAKING NEWS

Dr.Cem Kinay: Joe Grant Cay Purchase was Fair and Just

JOE GRANT CAY PURCHASE WAS FAIR AND JUST.

Statement of Dr Cem Kinay
with respect to Joe Grant Cay Undervalue Allegation

Istanbul, Turkey – 2February 2016

I have read in recent news that it is alleged that Joe Grant Cay, a Crown land, was valued at $75 million but was sold to my companies for $3 million.

I can 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, but I will make this statement today to set the record straight.

The allegations against Joe Grant Cay and myself are totally baseless. It is claimed that 200 acres of the 710 acres of the Joe Grant Cay Island was purchased at an alleged undervalue in June 2008. The undervalue claim is based on a set of confused valuation reports prepared by the Government’s Valuation Officer, Mr. Shaban Hoza which was different from the valuation report prepared again for the Government, instructed by Hon. Governor Richard Tauwhare in June 2008 , by an independent accredited commercial appraiser in TCI, BCQS 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 my development companies have paid in full. It is significant that his Hon. Governor increased the price on the back of the BCQS valuation report from USD 2 million to USD 3.2 million.

Following our purchase, I have obtained 5 more valuation reports to justify the price of this transaction, 2 from local valuation companies and 3 from internationally repute appraisers: CB Richard Ellis and Ernst & Young in the USA; and Savills of UK which all agreed on similar valuation levels of the BCQS report which was the just and fair value of this Crown land.

The Development Agreement of Joe Grant on the other hand, was negotiated over almost 2 years with the Attorney General’s Chambers before Hon. Governor Whetherell and Hon. Rhondalee Braithwaite executed it on behalf of the Crown on 7 November 2008. Joe Grant Cay Development Agreement signed by Hon. Governor Whetherell does not contain any privileges, favors or better conditions than any other Development Agreements signed by him or any other recent development agreements signed by previous Hon. Governors. All negotiations were dealt over almost two years by the development companies professional management team, our lawyer Owen Foley at Misick & Stanbrook, my joint venture partner’s lawyer Mr. Chal Misick, Attorney General’s Chambers and TCI Invest.

For the past 6 years, I have been living stripped of my basic human rights and assets just because the TCI Courts have concluded in connection with a political donation made to Michael Misick on 9 January 2007 “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 (Joe Grant Cay) development” disregarding the evidence that I have sent, stating that I was “late” sending evidence to the trial. My appeals were rejected and TCI Government has taken Joe Grant Cay back from my companies only to sell the same Crown Land, Joe Grant Cay for USD 4.04 million in October 2013.

For those who doubt that the development of Joe Grant Cay is not innocent, I have the following to ask: We have paid 3.2 million in 2008 for this 200 acre land, 5 years later, the same land has been sold for 4.04 million in an open market transaction ! I ask you what happened to the alleged tens of millions of dollars that the Government and some of our opponents claimed that this land was supposed to be worth?

I have the answer: The alleged valuation of this island was a big lie ! Joe Grant Cay’s 200 acre was never valued more than what we paid for. That was the exact reason why many internationally repute valuation companies as well as all the local valuation companies have valued it at the exact value that we paid for it. That is why both Hon. Governor Tauwhare, and later on Hon. Governor Whetherell have approved and executed the sale of this 200 Acre land to us for USD 3.2 million, and that was why the sale was approved by the Attorney General, TCI Invest, Ministers, and the Premier and Hon. Rhondalee Braithwaite, Deputy Attorney General back then. Do you really believe that they were all ‘deceived’? and did not know what they were selling?

In fact, there was no “favor” from anyone for Joe Grant Cay. In fact, we have paid the true value of this land, and the shameless dark forces took away from us alleging the “undervalue” sale.

The people of Turks and Caicos Islands was going to benefit from Joe Grant Cay development as this project was going to provide a sustainable source of income for the local economy. Today, we could have celebrated the opening Dellis Cay, and the commencement of construction at Joe Grant Cay. These could have provided much needed employment opportunities. I have seen the progress in North Caicos with my own eyes during Dellis Cay’s construction and I have no doubt new businesses could have flourished both in North and Middle Caicos if we could complete what we had started.

In the past years, I have been victimized by politics. My assets were frozen and hundreds of people lost their jobs.

I am calling upon the TCI Government and the Attorney General to end these groundless accusations against me, return my assets, and clear my name as I have done nothing wrong. I have spent all my wealth in Turks and Caicos Islands, and lost most of my investments, lot of purchasers lost their investments too.

I still desire to realize my dreams concerning Dellis Cay and Joe Grant Cay. I have spent all my life in building my reputation. My life is full of success stories and honors. I intend to spend the rest of my life to defend these honors.

God Bless

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BREAKING NEWS

Interview about Joe Grant in Turks and Caicos Islands

  • Dr Kinay, for this interview is the subject Joe Grant Cay in Turks and Caicos Islands. 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 on November 7, 2008, the former Governor, Hon. Whetherwell has executed a Development Agreement with us for the development of the whole island.

 

  • What is 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 and Joe Grant, 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?

 

We want to develop the island with an environmentally friendly Hotel and then Villas in the natural surroundings. We have retained top environmental engineers from Florida, and we already started 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 form the discussions in the past months 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 Inquire,. whether in relation to Joe Grant’s Cay or otherwise.

 

  • Who is you local/belonger partner?

 

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 Ceromonie of Dellis Cay.Governor Tauwaree came in the afternoon to this Ceromonie,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, our that time new Governor HE Gordon Wetherell, Attorney General Hon.Rhondalee Braithwaite 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 unhabited 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 was a 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.

 

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 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 comparables 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 valuer 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. I 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 full 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? What will happen now?

 

I received the Turks and Caicos Islands Court’s judgment concerning Joe Grant Cay. I also received TCIG’s Press Release. 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?

 

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.

 

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News People

Cem Kinay Karayiplerde Ada Satın Aldı

New York’ta Türk işadamlarının bir gala yemeğinde buluştuğu geçen hafta ‘her şey dahil’ sisteminin yaratıcısı, Magic Life’ın kurucusu Cem Kınay ile karşılaştım. Kınay artık ne Türkiye’de ne de Viyana’da yaşıyor, Miami’ye yerleşmiş. Magic Life’ı satıp, ortağı Oğuz Serim ile birlikte Karayipler’de bir ada satın aldığı günden beri butik, lüks projeler üzerine çalışıyor. New York’taki yemekte Kınay, Türk dostlarıyla uzun uzun hasret giderdi. Viyana’dan dostları Muhtar Kent ve Cem Kozlu ile kucaklaştı, yakın dostu Futbol Federasyonu Başkan Vekili Lütfi Arıboğan ile bir araya geldi. Tabii benim için de gökte ararken yerde bulduğum Cem Kınay ile bir söyleşi yapmak şart oldu. Dünyada ses getirecek bir projeyi tamamlamak üzere olan Kınay’ın ada işine iyice merak saldığı ve yeni bir ada satın aldığını da böylece öğrenmiş oldum…

Magic Life’ı sattınız. Üzülüyor musunuz bu satıştan?
Bu tip konseptler insanlarla yaşıyor ama üzülmüyorum artık. Benim Magic Life projesinin her santimetresinde parmağım, emeğim var.

DEVRİM YAPAMADIM, BİTİRDİM
Bir anda sizinle özdeşleşen bir markayı satınca tabii çok dikkat çektiniz. Niye sattınız gerçekten?
O zaman çok tartışıldı, nasıl oldu da bir anda sattı diye. Ama aslında bir anda da olmadı. Biz Magic Life’ın son beş yılında Almanlarla yani TUI ile ortaktık. Her şey dahili biz başlattık. Ama tabii zaman değişti. İnsanların istekleri değişti. Benim amacım yeni bir devrim yaşatmak, Magic Life’ı 15 yıl sonrasına götürmekti. Zaten Almanlarla 2003’te yaşadığım sıkıntının arkasında bu yatıyordu. Yeni bir Magic Life yapalım. Devrim niteliğinde değişiklikler istiyordum. Ama tabii yüzde 50-50 ortak olunca ve bu ortağı ikna edemeyince olmuyor. Benim durum buydu. Ben de inanmadığım şeyi yapmak istemedim.

Daha butik, daha lüks, daha özel turizm hayaliniz mi Türkiye’den elinizi eteğinizi çekip ta Karayipler’de bir ada satın almaya kadar götürdü sizi?
Aslında Türkiye’de yapmak istedim. Ancak istediğim gibi bir arazi bulamadım. Dünyaca ünlü mimarlarla birlikte bir proje yapmak istiyordum. Buralara niye geldim derseniz… Çünkü şunu söylemeliyim önce. Mütevazı davranmıyorum. 15 yıldır turizm kariyerinde çok iyi bir yere geldim ve Avrupa’da başarılı oldum. Türkiye’yi iyi temsil ettim. Şimdi Amerika’nın bu tarafında bir Türk olarak başarılı olmak benim için bir challenge (meydan okuma) idi. Yeni bir hedefti. O yüzden geldim buralara.

ANTALYA GÜNEY FRANSA GİBİ
Geçmişle bugün arasında ne değişti?
Şu değişti. Magic Life’da 7 bin çalışan vardı. Yılda yaklaşık 500 bin kişi geliyordu tatil yapmaya. Artık bunu yapmayacağımı biliyordum. Özel yerlerde, özel projeler yapmak istedim o nedenle. Dünya konuşsun istiyordum. Dizayn ağırlıklı olsun, dünyanın en iyi mimarları olsun. Nitekim o yoldayım. Şu anda 50 kişiden azız. Her hizmeti dışarıdan alıyoruz..

Türkiye’nin de çok özel yerleri var aslında. Ama nedense biz bir Bodrum’u, Antalya’yı İbiza yapamadık. Sizin bu adada yaptığınız proje Türkiye’de olsaydı turizm için müthiş bir tanıtım olmaz mıydı?
Ben turizmde Türkiye’de misyonumu doldurdum. Katkıda da bulundum. Türkiye, tercihini yıllar önce yaptı. Turizm ülkesi olmak için kitle turizminden yana tercih yapıldı. Ama şimdi diyorum ki keşke bazı özel yerlerde özel şeyler yapsaydık. Sardunya adası gibi. Bodrum’u Bodrum olarak biliyoruz, oysa Bodrum yarımadası olarak bakarsak hâlâ bunu yapabilecek yerler var. Cennet gibi bir Sarıgerme var. Antalya’da batı tarafına giderseniz Güney Fransa gibi çok güzel yerler var.
Türkiye planınız var mı?
Daha özel bir turizm için mastır plan yapılması şart. Turizm uzun soluklu bir iş. Sabrınız olacak. Karayipler’de yaptığım gibi çok özel bir projeyi yarın öbür gün biz de yapabiliriz Türkiye’de. Şimdi pil dolduruyoruz. Büyük bir hayalimdir. Türkiye’de çok önemli bir projeye bundan sonra imza atarım. Zaten ayrılmadan önce en büyük hayalim Pera Palas’ı hayata geçirmekti. Ön anlaşma yapmıştım. Ama ekonomik olarak olmadı.
Bu adayı satın aldıktan sonra hemen inşaatlar başlamamış. Niye?
İzinler bir yılımızı aldı tabii. Neticede burası bir muz cumhuriyeti değil. Sistemin çok ciddi işlediği bir yer. Haziran 2008’de ancak başlayabildik projeye. Şimdi bir yıl daha sürer ve ilk bölümü Mart 2010’da açılır. İkinci bölümü de bir yıl sonra biter. İnşaat şirketlerinin yüzde 90’ını Türk şirketleri bu arada.

Adada siz sadece otelin sahibi olarak mı kalacaksınız tüm proje bittiğinde? Dairelerin ve villaların fiyatı ne, bu arada?
Villa ve evleri satıyoruz. Biz sonunda tabii ki otelin ve spa’nın sahibi olarak kalacağız. Anlaşma sağladığımız otel zinciri Mandarin de tüm adayı yönetiyor olacak. Villa sahiplerine de hizmeti Mandarin verecek. Tamamen lüks hayat anlayacağınız. Daireler aşağı yukarı 2.5 ile 3.5 milyon dolar civarında, villalar da büyüklüğüne göre 5 milyon ile 15 milyon dolar arasında.

Hayaliniz gerçekleşmiş oldu mu peki?
Oldu. Burası mimari açıdan herkesin dikkat çektiği bir yer olmaya aday.
Adanın ne kadarlık bir bölümünde inşaat yapıyorsunuz?
Üçte birinde yapıyoruz. Ama tüm proje belli. Zaten bir ev ortalama 8 bin metrekare üzerine kurulu. 40 villa var. Geniş bir golf sahası var. Mimarların çizdiği projelerin prototipleri elimizde olduğu için hangi mimarın adanın hangi bölümünü yapacağına birlikte karar verdik. Şu ana kadar da bu ünlü mimarların dizayn ettiği 50 evi sattık. Dairelerin yüzde 80’ini satıldı. Yani biz projenin birinci fazının çoğunu 2008 başına kadar satmış olduk. İki aydır da ikinci bölümünü satışa çıkardık.
Krizden etkilenmediniz mi peki?
750 milyon dolarlık bir proje bu. İşler yavaşladı tabii ki ama satıyoruz biz. Etkilenmiyoruz demek yanlış. Projenin çoğunu sattığımız için inşaata başladık. Yoksa zaten başlayamazdık projeye. İş yaptıkça paramızı alıyoruz. Satın alanlar parasını ödemezse zaten sıkıntı olur, evi bitmez. Bizden ev alanlar zaten iyi durumda olan kişiler. Herkes ödedi. Şu anda çatı katlarına kadar bitirdik evleri. Satın alanlar yüzde 60’ını ödedi bile. Biz çok az banka kredisi kullandık bu arada.
4 yıl önce Atlas Okyanusu’ndaki Turk&Caicos adalarından yüzölçümü 5 milyon metrekare olan birini 50 milyon dolara satın aldınız ve hayallerinizi gerçekleştirmek üzere kolları sıvadınız. Niye peki Turk&Caicos adası?
Ortağım Oğuz Serim ile benim otellerim Akdeniz bölgesindeydi. Ama Viyana merkezli şirketimiz bu bölgelerle hep iş yapıyordu. Turizmin içindeydik. Yani buradaki turizm çevreleriyle yakın ilişkim vardı. Düşünün 1998’de Magic Life varken, bize bu adalarda bir projeyi yönetmemiz için teklif gelmişti. Ben ilk defa o yıl böyle bir adanın varlığını duydum. Biliyorsunuz Turk o adadaki bir kaktüsün adı. Üst kısmı kırmızı fese benziyor. Herhalde diyorlar o zamanlar İspanyol korsan gemilerinde bazı Türkler vardı, adalılar da fesi oradan gördü ve bu ismi koydu. Ama bu adadan bir yer satın almak tesadüf bizim için. Ben satın aldığımda adada kimse yaşamıyordu. Benden önce adanın sahibi bir İtalyan’dı. Bu adalar en özel seyahat yerleri olarak biliniyor. Güzel ve lüks otelleriyle ünlü, Amerikalıların severek gittiği ve daha da önemlisi ev satın aldığı bir yer adalar.

ABD’li müşteriye satmak için burayı tercih ettiniz o zaman?
Bizim projemizin bir kısmı otel, bir kısmı lüks daireler ve bir kısmı da ünlü mimarların yaptığı villalar. Zaten satın alanların büyük bir kısmı ABD’li oldu. Mesela proje henüz tamamlanmadan Hollywood yıldızlarından Michael Douglas ve Catherine Zeta Jones çiftine 14 milyon dolarlık bir ev sattık. İsteyen ev satın alıyor projeden, daha sonra oturmayacaksa da otel o evleri de işletiyor.
Peki bu proje bittiğinde ne yapacaksınız?
Bizim şu anda önümüzdeki 10 yıl için 2-3 projemiz hazır vaziyette. Biz bu ada işini çok iyi öğrendik. İkinci adamızı da satın aldık Karaipler’de. Ama nerede olduğunu şu anda söylemek istemiyorum. Yeni projemize çalışmaya çoktan başladık. Bu bölgede yeni projeler yapacağız.

Mimarlardan sizi en çok kim etkiliyor?
En çok etkilendiğim Zaha Hadid’in beyni. Her şeye tamamen farklı bakıyor. İkincisi ise, Japon mimarlar. Biri spa’yı yapıyor. Japon kültürü ve mimarinin Karaip’e yaklaşımı. Müthiş bir şey oluyor. Adanın bir bölümünü suyun üzerinde yapıyoruz. Orayı Singapur’da yaşayan bir İngiliz mimar yapıyor.
Ünlü mimarlar çizdi, Miami Üniversitesi sergiye
5 ünlü mimarı nasıl bir araya getirdiniz?
Daha adayı satın almadan önce bu mimarlara gittim. Projemi anlattım. O Property Collection diye bir şirket kuruyorum ve çok özel bir proje yapıyorum dedim ve hepsinden bir villa ve otel tasarlamalarını istedim. Hepsi gerçekten dünyaca tanınmış mimarlar. Iraklı Zaha Hadid, Japon Kengo Kuma ve Shegeru Ban, Singapurlu Carl Ettensperger, İngiliz David Chipperfield ve İtalyan Piero Lissoni adada ev tasarlayan mimarlar. Mimarlar 6 ay çalıştı. Düşünün birbirleriyle çalışan insanlar değil bu mimarlar ama ben bir araya getirdim. Mimarların çizdiği proje öylesine beğenildi ki Miami Üniversitesi’nden sergi için davet aldık. Kasım ayında proje sergilenecek.
Bu röportajı 7 Haziran 2009 da Sabah gazetesinde Şelale Kadak yayınladı.
http://www.sabah.com.tr/Ekonomi/2009/06/07/cem_kinay_karayiplerde_ikinci_adasini_da_aldi
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500 bin dolarlık ‘seçim yardımı’ rüşvet sayıldı, şimdi İnterpol listesinden çıkma yolu arıyor

20.07.2012 ,Hürriyet

AVUSTURYA’nın başkenti Viyana’da iki arkadaşıyla kurduğu turizm şirketiyle Türkiye, Tunus, Yunanistan ve Mısır’a kadar uzanan Magic Life markasını yaratan, daha sonra TUI’ye satan Cem Kınay, 2005 yılında Karayipler’deki Turks and Caicos adalarına yöneldi.

Donatetella Zingane Dini’ye ait Dellis Cay Adası’nı 18 milyon dolara satın aldı. Hedefi, adada lüks otel, rezidans ve villalar yapmaktı. İngiltere’nin kontrolünde olan Turks and Caicos Adaları’nda ayrıca bir hükümet de vardı. Dellis Cay Adası’nı satın aldığı Donatella Zingane Dini, Cem Kınay’a öneride bulundu:
– Turks and Caicos Başbakanı Michael Misick’le sizi tanıştırmak isterim.
Kınay, 600-700 milyon dolar yatırım yapacağı adalar ülkesinin Başbakanı’yla tanıştırılma önerisine sıcak baktı. Tanışma sonrasında bir yandan yatırım için kolları sıvarken, diğer taraftan adalar ülkesinde seçim gündeme geldi. Başbakan Misick’in ekibi, seçim kampanyasına maddi destek istedi, Kınay avukatlarına sordu:
– Başbakan’ın seçim kampanyasında maddi yardımda bulunmak Turks and Caicos yasalarına uygun mudur?
Avukatlar yasal açıdan sakınca olmadığını bildirdi. Bunun üzerine Cem Kınay, Başbakan’ın seçim kampanyası çerçevesinde 500 bin doları verdi. Bu rakamı şirket kayıtlarına da yansıttı. Dellis Cay Adası’ndaki yatırım için hazırlıklarını sürdürürken, Turks and Caicos hükümeti bir teklif yaptı:
– Joe Grant Adası’nı da size verelim.
Pazarlık yapıldı, o adayı da 3.2 milyon dolara aldı. Böylece, Turks and Caicos’ta iki ada sahibi oldu. İşletme için Mandarin Orient’le anlaşan Kınay, 2008 haziran ayında temel atıp inşaata başladı.
Temmuz ayında ise İngiltere, Turks and Caicos’a dönük bir araştırma komisyonu görevlendirdi. Komisyon, Başbakan Misick’in seçim kampanyasında aldığı yardımları ve adalardaki bazı rüşvet, yolsuzluk olaylarını araştırmaya başladı. 2009 Şubat ayında Başbakan’ın kampanyasında destek verenlerin listesi Komisyon’a gitti, o gün ilk kez adları resmen geçti.
Kınay, bunun üzerine 2009 Mart ayında İngiltere’ye gitti, bir avukatlık ofisiyle anlaştı. Çünkü, İngiltere’nin oluşturduğu Komisyon Turks and Caicos’ta araştırma yapıyor, suçlamalar sızıyor, ancak Cem Kınay ve şirketinin yöneticilerine kimse birşey sormuyordu. İngiltere’deki avukatlık ofisi Komisyon’a bir mektup yazdı:
– Cem Kınay, araştırmalarınızda kendisini ilgilendiren konularda yardıma hazırdır.
Komisyon’dan 2-3 ay sonra yanıt ulaştı:
– Taşınma yaşadık. O nedenle geç yanıt verdik. Eğer gerekirse sizinle görüşme yaparız.
Avukatlık ofisi Komisyon’un yanıtını pek sevmedi:
– Cem Bey, öyle anlaşılıyor ki Komisyon düzenleyeceği rapora sizin adınızı da koyacak.
Bunun üzerine 2009 Haziran ayında Kınay’ın avukatları Turks and Caicos’ta mahkemeye başvurup, tedbir istedi:
– Komisyon’un açıklayacağı raporda bizim ismimiz yer alırsa, bu bölüm kamuoyuna açık tutulmasın.
Mahkeme tedbir kararı verdi. Ancak, her nasıl olduysa İngiltere’nin atadığı Vali, söz konusu raporu internet sitesinde yayınladı. 8 saat sonra, “teknik hata yaptık” diyerek yayından çekti.
Ancak, söz konusu 8 saat, Cem Kınay’ın adını “rüşvetçi”ye çıkarmaya yetti… Ekim 2009’da da İngiltere, söz konusu soruşturma için Turks and Caicos’a bir süper savcı tayin etti. Kınay, Kasım 2009’da özel savcıdan randevu alıp, kendi penceresinden olanı biteni anlattı…
2011’e kadar bu konudaki sesler kesildi. Bu dönemde Kınay’ın avukatları 4-5 kez Komisyon’a “İfade verelim” diye başvuruda bulundu. Ekim 2011’de, İngiltere’nin İstanbul’daki Başkansolosluğu’na giderek ifadesini verdi.
Derken 10 Temmuz 2012’de İngiltere ve Turks and Caicos yönetimi, Cem Kınay’ın da aralarında bulunduğu bazı kişiler hakkında “Kırmızı Bülten” çıkarttırdı… Bu bülten Kınay için dünyanın 190 ülkesinde “yakalama emri” anlamına geliyordu…
Kınay, 500 bin dolarlık seçim yardımıyla üzerine yapışan, “rüşvet veren” damgasını nasıl sileceğinin yollarını araştırırken, şimdi de 190 ülkede “aranan adam” listesine girdi…
Şimdi bir yandan her an ifade vermeye, dava açılırsa mahkeme karşısına çıkmaya hazır beklerken, diğer taraftan “Kırmızı Bülten”den çıkmanın yollarını arıyor…
Bunun temel yolunun hükümetin desteğini alabilmekten geçtiğini biliyor…
Interpol’un aradığı adamın işlerini devralan çıkar mı
TURKS and Caicos’daki projesi “rüşvet verdin” suçlamasıyla 2 yılı aşkın süredir yarım şekilde duran Cem Kınay’ı yakın çevresi çözüme dönük uyardı:
– Projeyi bu haliyle birilerine devretseniz…
Kınay için bu formül pek işleyecek gibi görünmüyordu:
– 10 Temmuz’a kadar rüşvet verdiğime dönük suçlama vardı. Şimdi buna “Kırmızı Bülten”le aranmak da eklendi. Bu halde kiminle işin devri için görüşebilirim.
Trinidad bankası krediyi kesince inşaat durdu, villa alanlar anında davayı açtı

CEM Kınay’ın adı Turks and Caicos’ta “rüşvet verenler” listesine girince Trinidad merkezli TTUTC adlı banka anında karşısına dikildi:
– Rüşvet verdiniz mi?
Kınay, bankanın kredi komitesinin defalarca yinelediği soruya hep aynı yanıtı verdi:
– Rüşvet vermedim. Başbakan’ın seçim kampanyasına maddi destek verdim. Bu, şirketimizin kayıtlarında da yer alıyor.
Krediyi inşaat ilerledikçe kullandıran banka, eylül ayında kullandırması gereken 7 milyon dolarlık dilimi durdurdu. Böylece Türk müteahhitlerin yürüttüğü, 500’e yakın Türk personelin çalıştığı, malzemelerin bir bölümünün Türkiye’den gittiği inşaat da yarım kaldı.
Cem Kınay’ın projede yer alan villardan sattığı çoğu ABD’li müşterler, inşaatın durması üzerine kalan ödemelerini durdurup, paralarının iadesi için New York’ta dava açtı.
New York’taki mahkeme Cem Kınay’ı haklı buldu:
– İnşaati Kınay’ın elinde olmayan nedenlerle durmuştur…
Villa müşterileri bu kez Trinidad merkezli bankaya hesap sormaya başladı:
– Villaları almak üzere imzaladığımız kontratlarda bankanızın, “Bu proje bizim güvencemizde yürüyor” belgeleri vardı. O halde banka paralarımızın iadesini üstlensin.
Böylece 2009 Eylül ayından beri Dellis Cay’deki projede işler dondu, çivi çakılmaz oldu…
Joe Grant Adası’nı ‘ucuza kapattın’ davası da sürüyor

TURKS and Caicos’ta Cem Kınay’ı sıkıştıran tek konu, seçim kampanyasına maddi yardımın “rüşvet” sayılması değildi. Ada hükümetinin, “Siz alın” diyerek 3.2 milyon dolara sattığı Joe Grant Adası konusunda da dava açıldı:
– Bu ada Cem Kınay’a peşkeş çekildi. Ada çok ucuza satıldı…
Kınay, bu davada şu savunmayı geliştirdi:
– Ben Kraliçe’nin mülkü sayılan Joe Grant Adası’nı İngiltere’nin atadığı valinin onayıyla aldım. Fiyatı belirleyen de valinin atadığı şirketti.
Yakın çevresi Kınay’a bu adayı iade etmesini önerdi:
– Sonuna kadar direneceğim. Mahkemenin kararını bekleyeceğim.
Dosya Avusturya’ya ulaştı kaçmam, hesabımı veririm
İNGİLTERE ile Turks and Caicos yönetiminin çıkardığı “Kırmızı Bülten” üzerine Cem Kınay, artık pek bağlantısı kalmasa da Interpol dosyasının Avusturya’ya ulaşıp, ulaşmadığını soruşturdu ve yanıtı aldı:
– Avusturya’ya ulaşmadı.
Ekibi bu kez Türkiye’deki durumu yokladı:
– Henüz dosyanın Türkiye’ye ulaşıp ulaşmadığına dair bir bilgi yok.
Yakın çevresi Cem Kınay’a sordu:
– Dosya Türkiye’ye ulaşırsa ne yapacaksınız?
Kınay’ın yanıtı çok net oldu:
– Benim kaçak yaşamam söz konusu değil. Turks and Caicos’ta İngiltere’nin siyasi operasyonuna kurban gittim. Çağırırlarsa gider ifademi veririm. Dava açılırsa da kendimi savunurum.
Cem Kınay, arkadaşlarıyla birlikte imza attığı Magic Life markasını yaratma başarısını Turks and Caicos’da farklı şekilde yinelemeyi planlarken üzerine “rüşvet” damgası yapıştı, adı “Kırmızı Bülten”e girdi…
Bakalım bu badireyi atlatabilecek mi?

Bu yazı Vahap Munyar tarafından 20.07.2012 tarihinde Hürriyet’te yayınlandı.