Is Justice in Turks and Caicos really blind or what?

Published in Sun TCI byRoyal S. Robinson, MBE
• Mon, Sep 03, 2012

Years ago, even when I was in the public service, I liked going to the Supreme Court to see and hear for myself how important cases were argued for the benefit of the jury or in some cases, the Justice sitting alone, or in a few instances, a three Justice panel sitting as the Court of Appeals. In recent times, I just did not make myself available to listen to the various arguments.

Last Friday, curiosity got the best of me and I attended at the Supreme Court to hear a bright layman in the form of Wilkie Arthur and two officers of the Court in the bodies of Attorneys Courtney Barnett and Noel Skippings, arguing for uplifts so that they could mount adequate and effective defenses.

Let us discount Mr. Arthur for a moment and concentrate on the two qualified bar counsels for a moment! Both had argued before successfully before the Supreme Court and the Appeals Court. In fact, Mr. Barnett can boast of a 75% success rate at the Appeals Court level against a very able and competent Jurist of the Supreme Court. So, one cannot take the line that these persons lack skill and ability.

So to have them having to plead their case in the manner that it was done did not look or sound kosher to me!

When you look at the situation with the foreign lawyers who were brought in as part of the SIPT and what remunerations they are getting from us, you have to wonder the rationale. I can concede the point that in some instances, SIPT might have to deal with certain specialized situations, but there should not be the great disparities that currently obtain between our local lawyers and outside counsel.

Let us not forget that we are paying all. It is our taxpayers’ dollars that are at stake! Furthermore, the bulk of what is paid to the local lawyers would remain in circulation in country, while the reverse would be the position with outside lawyers.

Then when I saw Mr. Barnett having to jump through a number of hoops and invoking those provisions of the European Court of Human Rights articles dealing with discrimination on the basis of race, religion etc. without being able to attack head on some of those provisions, it was pure legal dexterity on his part to say the least!

When a white, foreigner can get the type of remuneration that he rightly deserves without question, and our local boys have to go through such problems to get a little uplift, something is definitely wrong with the system! It does not matter that the Registrar might be new. The information on a case by case basis is within the ambit of the administrators. Just look at the files and see if the process is fair!

What too is striking is that there a few lawyers her who are prepared to take on the human rights issues before the Court on behalf of the little man. Mr. Lloyd Rodney, God rest his soul, did that and Barnett and Skippings to their credit, have taken up that mantle and have decided to soldier on! So give them what is rightly due to them! They should not have to be given the uplift as a matter of right, but when the case merits it, no impediment should be places in their way of getting it.

We have to begin to treat our own equally. There is no better place to start than with the Judiciary. We talk and invoke the notion that there is equality of justice. But how can that be if there is definitely a deficiency when it comes to the equality of arms? We might not have the numbers as yet, but we certainly have the quality! Let us begin at a very good place, that is, before the law and the justice system here in the Turks and Caicos Islands. As Lord Denning is often quoted as saying, “Justice must not only be done, but it must be seen to be done!”

By Cem Kınay

With many important hotel investments and international awards, Dr. Cem Kinay is one of the world's most important names in the tourism industry.

As the founder of the Austrian, Vienna-based Gulet Turistik(1987) and Magic Life Hotels(1990) chain, he created the "All Inclusive" hotel experience for European tourists.

He managed the Magic Life Hotels chain, which has a total of 20,000 beds and 23 hotels in Austria, Turkey, Greece, Spain, Egypt, Tunisia and Bulgaria, with more than 8000 teammates, as the fastest growing and most successful hotel concept at that time.

Millions of guests were hosted during 15 years, in Sarigerme, Marmaris, Bodrum, Belek, Side and Kemer in Turkey, Kos, Crete, Corfu and Rhodes Islands in Greece, Arlberg in Austria, Hamamet in Tunisia, Mahdia, Djerba, Egypt Sharm El Sheikh and Nile.

In 2021, the establishment of the Anatolity Sustainable Culture and Tourism Foundation was started with Elif Dağdeviren.

In 2020 he did consultancy for construction of u

In 2019 he was founding board member for Turkey Tourism Promotion and Development Agency .

In January 2019 his book “Be Human.Be Smart “was published by Destek Publications.

In 2018 his first book, “Akıllı Ol.İnsan Ol” was published by Destek Yayınları.

2017 Cem KINAY founded Cem KINAY XPD Consulting, providing investment, concept design and digital transformation consultancy for domestic and foreign investors.

In 2014/2015 he was GALATASARAY SPORTS CLUB Board Member.

In 2012 he moved to Istanbul.

In 2009 he had to leave the island after the coup in the Turks and Caicos Islands and the seizure of power and projects by the British government.

In 2006, he was honored by the President of Austria with important and valuable awards such as the "Austrian State Order".

Under the management of Cem Kinay, Gulet Turistik and Magic Life Hotels chain won more than 50 valuable awards from important organizations.

2005-2009 As the founder of The O Property Collection, he made the investments and real estate development of the Mandarin Oriental Dellis Cay Hotel and Bulgari Hotel in the Turks and Caicos. In that years he worked with the world's most magnificent architects like Zaha Hadid, Piero Lissoni, Antonio Citterio, David Chipperfield, Shigeru Ban, Kengo Kuma, Carl Ettensperger and Chad Oppenheim.

In 2004, he sold his shares in the Magic Life Hotels chain to the German TUI group, he moved to Miami, lived in America and Turks and Caicos Islands until 2012.

2003 Opening of the first “All Inclusive” Magic Life hotel on the Spanish island of Fuerteventura.

2002 Opening of the first “All Inclusive” Magic Life hotel in Sharm El Sheikh, Egypt.

2001 Opening of the first “All Inclusive” Magic Life Nile Shiphotel on the Nile river in Egypt.

2001 Opening of the first “All Inclusive” Magic Life hotel in Varna, Bulgaria.

2001 the German TUI joined Magic Life hotel chain.

1998 The first Magic Life Jet was designed and started to fly in cooperation with Austrian Airlines.

1997 Opening of the first "All Inclusive" Magic Life hotel in Hammamet, Tunisia.

In 1997, he was awarded as "Man of the Year" by Austria's important economy magazine "Trend Magazine".

In 1996, he was awarded as the "Tourism Manager of the Year" by the Hotel and Tourism magazine "Traveller".

In 1996 Opening of the first "All Inclusive" Magic Life hotel on the Greek island Kos.

1995/1996 Opening of the first “All Inclusive” Magic Life Ski Hotel in the Arlberg / Austria.

In 1994 The first "All Inclusive" Magic Life Yacht gulet sailed in Bodrum.

In 1990 He founded with his partner Oğuz Serim the Magic Life Hotels Chain and opened the first "All Inclusive" hotel, Magic Life Sarigerme.

1977-1984 Vienna University Faculty of Medicine

1969-1977 Istanbul Austrian High School

1969 he graduated from Ağrı Alpaslan Primary School.

1958-1969 he lived in Aşkale/Erzurum, Diyarbakır and Ağrı.

He was born in 1958 in Istanbul Bakirköy.