Month: March 2012
Statement of Dr Cem Kinay with respect to the New York Court Judgment.
Istanbul,Turkey 29 March 2012
Lawsuit against Dr Cem Kinay was rejected by Southern District Court of New York yesterday. Some of the Dellis Cay Villa buyers had brought an action in New York against Dr. Cem Kinay, his family and Mandarin Oriental Hotels for claimsrelatingtothefailedDellis Cay project accusing Dr. Kinay siphoning fundsfromtheProjectforpersonal use, and failure to completetheProject. The District Judge in New York ordered ‘The Court is persuaded that TCI is an “available and adequate forum” and that “the balance of private and public interest factors tilts heavily in favor of the alternative forum.” Accordingly,Kinay’s motionto dismisswas granted and the case was closed. Dr Kinay stated ‘I welcome New York Court’s decision, and hope a fair and just decision from the courts in TCI’
Dr. Kinay was creating a luxury island community involving unique designs from some of the world’s leading architects: Kengo Kuma, Zaha Hadid, Piero Lissoni, Shigeru Ban, David Chipperfield, Carl Ettensperger. When completed, the development was to be comprised of luxury villas and residential units located around, and serviced by the world famous Mandarin Oriental Hotel. Construction of the first phase of the Project has commenced in June 2008 and unexpectedly halted on October 2009. Despite the World Economic crisis in 2008, the construction of this billion dollar project was continuing until the political turmoil hit the Turks and Caicos Islands after the publishing of the unredacted Commission of Inquiry report in 2009. On 12th August 2009 on the instruction of UK Ministers, Hon. Governor Whetherell brought into force the Order in Council suspending parts of the Turks and Caicos Islands constitution. The House of Assembly was dissolved and Members’ seats were vacated. Shortly after these events , Dellis Cay’s funder, Trinidad and Tobago Unit Trust Corporation has pulled its support to the Project and appointed a Receiver, all construction activities had stopped.
Dr Kınay stated ‘We are still trying to open a line of communication with Trinidad and Tobago Unit Trust Corporation to end the dispute, we are discussing with potential investors opportunities to bring Dellis Cay back on track.’. Dr Kinay adds despite the adverse conditions, he is investing all his time to see the project to come back to life, the only way he believes the interest of all creditors will be served. Dr Kinay and his projects were victims of politics in Turks and Caicos Islands. Dr Kinay confirms this by saying ‘UK Governor Hon. Whetherell has published an unredacted Commission of İnquiry Report which damaged our reputation, and caused our main finance partner, Trinidad and Tobago Unit Trust to pull their support from Dellis Cay’. The Supreme Court of Turks and Caicos Islands had found on June 18th, 2009 that the adverse findings made against Dr Kinay were unlawful and that it was unlawful for the Governor to publish those findings. Dr Kinay remembers ‘Only weeks before the publishing of the unredacted Report, the bank was giving us support letters, stating that they have full trust in our management, and our ability to complete the Project, but just after the unredacted Report was published everything has changed.’
Dr Kinay stated that the accusations against him and his companies in the Report are groundless. He added ’ I have never bribed anyone in TCI, or elsewhere. I have offered full cooperation to the Commission of Inquiry, and later to the SIPT. I have provided them with hard evidence of our innocence. All our companies were audited by one of the world’s top audit firm.’
Dr. Kinay’s TCI based court cases continue. He has appealed the decisions of the TCI Supreme Court against his dispute with the Trinidad and Tobago Unit Trust Corporation, and against the Government of TCI concerning Joe Grant Cay. He is eager to pursue these cases through national, and international courts until all venues are consumed. ‘I have come to TCI at the beginning of 2005. We have provided jobs and business opportunities to hundreds of islanders. I have always appreciated the trust and the love of the local community. I am still very sorry for the loss of jobs and businesses when our project has been halted on October 2009. I hope that the people continue to believe that I will get this project back on track.’ Dr Kinay continued to state that he does hope that the political turmoil that started in 2009 will end with an election and democracy will be back again in TCI. ‘ These political events cost me my company, our purchasers their investments and the people of Turks and Caicos Islands their jobs. I appeal to the new Hon. Governor Todd to support us for us to get Dellis cay back on track, we hope his announcement confirming the return to democracy and to a freely elected government in Turks and Caicos Islands.’
Dr Kinay practiced medicine at the General Hospital of Vienna in Austria. He received his PhD from the University of Vienna Medical School in 1984. In 1987, Magister Oguz Serim and Dr Kinay set up a tour operator by the name of Gulet Touristik, the largest tour operator in Austria. In 1990, They founded the Magic Life Hotels. Magic Life owned and managed luxury properties in Turkey, Greece, Tunisia, Spain, Austria ,Egypt and Bulgaria. In 2004, they sold Magic Life and Gulet Touristik to the German tour operator TUI AG, one of the world’s largest tour operators.
Dr Kinay is widely recognized for his contributions to the travel and Hotel industry, In 1996 he was lauded as Austria’s “Tourism Manager of the Year” and in 1997, as “Man of the Year” and Finally on 2007, he has been honored with “State Medal Of Austria”.
By Caribbean News Now contributor,on 26th of March.
PROVIDENCIALES, Turks and Caicos Islands — Following the mysterious leak of witness statements claimed to be from the files of the special investigation and prosecution team (SIPT) in the Turks and Caicos Islands, in circumstances reminiscent of the infamous Watergate break-in of the 1970s in Washington, “Statementgate” continues to be a source of much local interest, with the witness statement of Karen Delancy being dissected both for the information it contains and for the historical scenario the former Progressive National Party (PNP) minister of health describes.
According to Delancy’s witness statement, at one of the first meetings she attended with then chief minister Michael Misick, he laid out a plan to set up an Integrity Commission to investigate the dealings of the Peoples Democratic Movement (PDM), which he said at the meeting was known to be corrupt.
Written by A.Mark Fulford,Turks and Caicos Islands,on 17th December 2009
Could it really be the UK intentions to withhold the right of freedom of expression to vote for up to five years? This is a discussion worth having.
Deciphering the recent answer by Chris Bryant in the UK Parliament to the question of the recent suspension of human rights legislation in the Turks and Caicos Islands, it seems that the UK has no intentions of returning power to the people in 2011.
Bryant states that the UK has gotten approval to withdraw the right of freedom of expression to vote for up to five years from the Governor, the TCI Advisory Council and the TCI Human Rights Commission.
Notice, Bryant did not state that approval was given by the people of the TCI, it cannot be inferred that approval was given by the TCI people simply because the interim government gave approval. The interim government was not elected by the people so they cannot and do not speak on behalf of the people of TCI according to the UN Charter.
Braynt further states that “this withdrawal is for a limited period until reforms have been implemented and elections held by July 2011.”
If the withdrawal is truly only for a limited period until July 2011, then why was it necessary to get FIVE YEARS approval.
READ IT AND YOU BE THE JUDGE.
Turks and Caicos Islands: Human Rights
MR. HOYLE: To ask the Secretary of State for Foreign and Commonwealth Affairs what assessment he has made of the effects of the recent suspension of human rights legislation in the Turks and Caicos Islands; and if he will make a statement. 
CHRIS BRYANT: While parts of the constitution have been suspended, the fundamental rights and freedoms of the individual are still protected under part 1 of the Turks and Caicos Constitution Order 2006, which remains in force. The Turks and Caicos Islands (TCI) Constitution (Interim Amendment) Order 2009 has removed the constitutional right to trial by jury in certain criminal cases.
The Order in Council suspending ministerial Government and the House of Assembly for a period of up to two years was brought into force on 14 August 2009. The order left the human rights provisions of the constitution in place except for the constitutional right to trial by jury in TCI, which was suspended. This provides the possibility in future of having trials by judge alone in the TCI Supreme Court in appropriate cases. This is wholly consistent with the European convention on human rights, which does not require trial by jury. A number of countries have criminal trials without a jury and even in the UK there is no right to trial by jury in every case.
On suspension of the House of Assembly, the UK withdrew its acceptance of protocol 1, article 3 of the European convention on human rights in respect of the Turks and Caicos Islands, which requires contracting parties to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature. However, this withdrawal is for a limited period until reforms have been implemented and elections held by July 2011.
With the approval of the Governor, the TCI Advisory Council and the TCI Human Rights Commission, the right of individual petition, which had previously been accepted in respect of TCI for FIVE YEARS was accepted on a permanent basis in October.
The announcement of the demolition of the PNP headquarters was contained in a Government press release which was issued Tuesday March 20th, a day after the Special Investigation and Prosecution Team (SIPT) said it had secured an international arrest warrant through INTERPOL for former Premier and ex-PNP leader Michael Misick, who has since revealed that he has sought political asylum in an undisclosed country because of “political persecution” by the United Kingdom, Governor Ric Todd, the Interim Government and British Special Prosecutor Helen Garlick and her investigators.
The Government release stated that on March 13th 2012, the Turks & Caicos Islands Government served civil proceedings on the Progressive National Party seeking the recovery of the land upon which the PNP Headquarters is constructed, together with damages. The claim arises from the PNP’s trespass following its construction of the PNP headquarters on Airport Road, Providenciales on Crown land to which it had, and has no title, the government said.
According to the press statement, after construction of its headquarters in 2005 to 2006, the PNP subsequently appointed a management agent, Provident Management Services Ltd to manage the property.
The Interim Government is claiming that during the last administration, Provident sub-leased six offices in the headquarters to the six PNP MPs who were based on Providenciales for a total of $465,083.61 over approximately three years, which was paid by the Government at that time. The SUN was able to confirm that the six PNPs who were based on Providenciales took a decision that was approved by Cabinet and the then Governor, that they would pay the allowances to which they were legally entitled for rental of constituency offices to assist in paying the mortgage for the PNP headquarters which was a centralised location, instead of paying the money for rent elsewhere.
However, the Interim Government is seeking the return of that sum, to which they claim Provident was not entitled together with other damages.
According to the press release, Government is also seeking a number of remedies for the trespass, including: damages for the PNP’s trespass on the land, based on a reasonable annual rent until possession of the land is returned to the Crown; the repayment of the $465,083.61; an order that the headquarters are pulled down and destroyed; damages for returning the land to its former state; and interest and costs
Attorney General Huw Shepheard commented: “When the current administration first became aware last year that the PNP’s headquarters had been built on Crown Land to which the PNP had no title, my Chambers wrote to the PNP setting out the claim that the Government had. It had been our hope that matters could be settled amicably without the need for proceedings. Unfortunately, discussions with the PNP have not been successful. In those circumstances, the Government has been left with no choice but to bring these proceedings for trespass and damages to recover this plot of Crown land and what is properly owed to the Government”.
The Statement of Claim, which was filed in the High Court on January 13, 2012, stated that on 30 November 2004, Leroy Charles, the Director of Lands and Surveys prepared a memorandum that concluded that a previous lease over the land, held by Mr. DeOwen Higgs, had expired on 28 November 2004 and that Mr Higgs had failed to construct any development and was no longer in occupation of the land.
Mr Charles advised that the land comprised 0.75 of an acre and had an open market valuation of $50,000. It could be leased to the PNP at $1250 per annum and would incur a discounted freehold purchase price of $25,000.
Mr Charles concluded that the land could be leased to the Defendant for the construction of its headquarters once the lease to Mr. Higgs was cancelled.
On 22 March 2006, Williams Drafting , on behalf of the Defendant, applied for Development Permission over the l and. According to the AG’s court papers, at Part 3(i) of the application, the PNP mis-represented that it was the owner of the land. The application was approved by the Physical Planning Board on 23 March 2006 on the basis of this misrepresentation, an on or about 23 March 2006, the PNP wrongly entered the land and as an act of trespass commenced construction of the headquarters.
On 9 June 2006, the Department of Planning received an application for temporary electrical connection during the construction of the Headquarters on the land and on July1, 2007, the PNP agreed six Commercial Leases for the rent of constituency office space in the headquarters, Each lease was agreed for the term of 1 July 2007 until 1 July 2010 at rent of $2,350 per month (totaling$28,200 per annum for each lease) as well as a security deposit of $2,000 to be paid by TCIG under each lease.
Ruth Blackman, Clerk of the House of Assembly, executed the leases for TCIG on behalf of the following
Members of Parliament: Hon. Karen Delancey, MP for the Bight; Hon. Wayne Garland, MP for Richmond Hills; Hon. Gregory Lightboume, MP for Blue Hills; Hon. Amanda Misick, MP for Cheshire Hall; Hon. Lillian Boyce, MP for Five Cays and Hon, Galmo Williams, MP for Long Bay.
The PNP was the Government of the Turks and Caicos Islands from 2003 to August 2009, when the United Kingdom imposed direct rule, suspended parts of the Constitution including ministerial posts, the House of Assembly and the automatic right to trial by jury.In a press release issued Tuesday evening, Queen’s Counsel Carlos Simons, the lawyer for the PNP, said the party is “committed to rigorously defending and defeating these spurious claims brought by the Interim Government, purportedly on behalf of the people”.
Simons stated: “I do not consider that TCIG has as yet “served civil proceedings on the Progressive National Party” as the statement asserts. I believe that their method of service does not meet the requirements of TCI procedural law and until the mistake is corrected, the Party has no formal notice of the proceedings and does not have to respond. That issue has been brought to the attention of the Attorney General’s Chambers, but might in the end require the attention of the Court.”
The Queen’s Counsel said he believes that the trespass claim is “entirely misconceived”, because the Party has been in open possession of the Airport Road property since at least 2005 with the full knowledge of the leaders of every Government Department concerned with dealings in crown land and with their acquiescence, if not consent.
This, he said, includes the then Governor, Richard Tauwhare who throughout remained the ultimate authority for the management and disposition of crown lands.
Simons added: “This is the same Governor of whom and from whom the people of the TCI have heard nothing since his departure and in respect of whose role in the matters now under investigation no one in the FCO has seen fit to explain. That is disrespectful. Provident Management Services Ltd did not sub-lease six offices in the Headquarters building to PNP MPs. Provident leased the offices to TCIG. Those leases were signed off on behalf of TCIG by the Head of Department having control of the relevant vote. Furthermore those leases were identical to leases entered into by TCIG in Grand Turk, South Caicos and North and Middle Caicos for the constituency offices of Members of Parliament, including constituency offices for PDM Members of Parliament. That assertion is therefore false.”
Simons said the PNP has never disputed TCIG’s right to a reasonable annual rent, nor payment of the market value of the land.
“That is therefore a non-issue, the litigation of which can only be justified in the context of the gravy train that the SIPT and Civil Recovery teams now ride on the backs of the TCI people,” Simons added.
“As for damages for trespass, I believe any reasonable person would agree that the land has been developed and improved rather than injured. I would also be surprised if anyone, regardless of their political allegiance would agree (even if TCIG were to win its case) that pulling down and destroying a perfectly good building makes any kind of sense. The settlement discussions to which the AG refers were not successful because they were not undertaken in good faith by him and his clients, the Governor and the FCO. They are hell-bent on issuing this final embarrassment to the PNP as an institution. The Party is hell-bent on ensuring its survival as a pillar of the parliamentary democracy that our constitutions since 1976 have provided for, and to ensure that the Party is a force for good in the affairs of our country.”
Simons concluded by saying: “I am specifically instructed to call upon the AG, the Governor and the FCO to withdraw these unnecessary proceedings, the consequence of which will only enrich the Civil Recovery team lawyers at the expense of the TCI taxpayer. In keeping with my instructions I invite the AG and the Governor to return to the negotiation table and make a good faith attempt to reach a reasonable settlement of these issues and thereby save some of the $33 million they have committed the TCI people to paying their lawyers over the next several years.”
Published March 20th at 4:53 pm in SUN,Leading newspaper in Turks and Caicos Islands
Overall the response strongly supported the principles of the new strategy to increase engagement and interaction between the UK and the Territories, to improve the support available to the Territories and to work with them to strengthen good governance arrangements, public financial planning and economic planning.
Commenting on the consultation, Minister for the Overseas Territories Henry Bellingham said:
“I am delighted by the wide-ranging and comprehensive responses we have received from Territory Governments and NGOs on our new strategy for the Overseas Territories. This consultation is an important part of our efforts to reinvigorate the UK’s relationship with the Territories and will help inform our detailed approach due to be set out in a White Paper soon.
“The results underline strong support for continuing close co-operation between the UK and the Territories on many areas, but also highlight some of the challenges that they are currently facing.”
for full report please click the link
|Turks and Caicos now has its own ‘Watergate’|
Two pages from a document headed “Witness Statement of Shaun David Malcolm”
published on 12th March 2012 in Caribbean News Now