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BREAKING NEWS!!!!Turks and Caicos Premier Dr.Rufus Ewing Response to Mr.William Hague

20130320-235317.jpgDr. Hon. Rufus Washington Ewing

Statement

March 20, 2013

As Premier of the Turks and Caicos Islands I, on February 10, 2012, wrote to the Rt. Hon. William Hague, First Secretary of State for Foreign and Commonwealth Affairs, requesting without prejudice, the recall of the Chief Financial Officer, His Excellency the Governor and the Attorney General. In my letter to Rt. Hon. Hague I outlined the concerns of the people of the Turks and Caicos Islands and cited reasons why those persons named should be recalled. My dissertation on the past and current state of the affairs of the Turks and Caicos Islands that was presented to CARICOM, also articulated my concerns and those of the people of the Turks and Caicos Islands indicating the need for intervention and assistance from our regional neighbours.

As Premier of the Turks and Caicos Islands and as someone who was elected to represent the people of these islands, I am disappointed but not surprised, that I am being chastised by the Foreign Minister for exposing the facts and representing my people. I take exception to this and at the same time, stand by my position on both of the matters in question.

In my address to CARICOM I stated that the people of the Turks and Caicos Islands acknowledged that the allegations of corruption and maladministration of the previous administration necessitated investigation. The Commission of Inquiry was presided over by a single Judge, Sir Robin Auld. After hearing evidence in those proceedings, Sir Auld concluded that there was a “High probability of systemic corruption amongst the Ministers, members if the legislature and public officials in the TCI” as a result of these conclusions our constitution was suspended. What was indeed unfortunate, but an indisputable fact, was that this conclusion was drawn without including the then Governor Richard Tauwhare, the TCI Head of State who was at the time entrusted with the responsibility for good governance and who was responsible for presiding over and signing most, if not all of the transactions that were cited in the commission of inquiry report as being corrupt.

The professional integrity and dignity of many hard working and dedicated Turks and Caicos Islanders, including our first Premier and Ministers, are now under question, because of the conclusions of Sir Auld. Furthermore, the fate of all accused persons now rest in the custody of a system designed to entrap and secure conviction of some whilst, at the same time, others walk free in exchange for money and information. It is also obvious that the accusations made against former members of government have moved from an alleged “high probability of corruption” by Sir Auld to what amounts to a verdict of “corruption” by the Secretary of State and the Governor. In these circumstances, I cannot state with any degree of confidence that the system of justice as it relates to the accusations of malfeasance is fair, as all of the actions thus far by those entrusted with investigations and administration of those accused, seem to be directed more at securing convictions at all cost and by all means, especially of persons of a particular political affiliation, rather than the pure pursuit of justice. I support the laws of this land being upheld, and the principle of “innocent until proven guilty” must be adhered to and the system of justice must be fair and balanced irrespective of who the accused is, from where he hails and what political party he or she is associated with.

 I have no need to misrepresent the facts about the past or present as the facts are there for all to see.

I speak directly to my people of the Turks and Caicos Islands to say that The Progressive National Party (PNP), of which I am Leader is an institution of the people, by the people and for the people. The label of corruption may justly or unjustly be placed upon individuals within any institution or organization, the clear distinction needs to be however made that the institutions or organizations themselves should not bear this label. I therefore resent the attempts by the Governor’s Office and the Foreign Office to repeatedly tarnish the name of any political party or group, by labeling it as being corrupt as it influences the minds of voters and prejudices the image of new officers of such parties.

It is my belief that the constitution of the Turks and Caicos Islands was partially suspended, to exclude representative democracy in the legislative and executive arms of government so as to avoid interference by the local populous whilst the Interim Administration went about the many reforms that they desired to have implemented. It is well known that the Turks and Caicos Islands has been responsible for its own financial upkeep for decades without assistance from the United Kingdom, save for DFID grants in the past and EU grants as of recent. I cannot say that our lives have been made easier with the UK guarantee of a 260 million dollar loan that Turks and Caicos Islanders are now required to repay in a very short period or that we necessarily agree with the decisions made as to how that money is being spent. If the Interim regime had focused on expanding our economy in addition to employing less drastic cost cutting measures, then we would be in a much better financial position than we are now. The fact that our national debt is more than 3 times what it was in 2009 highlights this situation! In a nutshell, had better financial strategies been implemented there would have been no need for a loan guarantee nor would there have been a need for the yet to be repealed VAT initiative. Though we are grateful for the Secretary of State’s decision not to enact the VAT bill on April 1, 2013, the cries of our people through a resounding vote for repeal by a democratically elected House of Assembly are still being denied and democracy is still yet to be served.

During the reign of the Interim Administration a slew of legislations were drafted and enacted, including the 2011 Constitution. These pieces of legislation sought to achieve, among others, the following objectives:

1. Empowering the Governor with greater power and influence over the executive and legislative arms of government.

2. Total control and influence over financial matters

3. Enhancing good governance and greater accountability for persons in public life

4. Improving the chances of conviction of those accused of malfeasance by enactment of Trial without Jury and Hearsay laws to be used retroactively

5. Dismantling of the system of political patronage

It was stated clearly by the Secretary of State that he has full confidence in the Governor despite our overwhelming lack of confidence in the leadership of the present Governor of the Turks and Caicos Islands. It is also widely known that the Attorney General has been absent from duty for several months now and the many public failures of his office in the past several weeks have brought question to his level of competence and leadership. I therefore stand by my request for the recall of the Governor and the Attorney General and also the summonsing of Governor Tauwhare to the Turks and Caicos Islands to speak to the allegations against ministers for which he was a possible co-conspirator.

As Premier of this country, my responsibility is to ensure good governance whilst creating a higher quality of life for my people, and to make representation in their best interest. Given the many governance challenges being experienced by the UK and the lack of transparency and accountability on the part of UK appointed officials to the TCI, I will also not hasten to use the UK Government as a yard stick upon which to measure good governance. I proudly say that I was born and raised here in the Turks and Caicos Islands and that I share the dreams and aspirations of my people.

The future of the Turks and Caicos Islands is bright, but there are many challenges that we have to overcome as we govern in the best interest of the people of the Turks and Caicos Islands. My responsibility as Premier of this country is to represent the interest of the electorate, like the Secretary of State does for his electorate which I am sure takes precedence over ours. I will continue to respect his office but will also continue to represent, to speak, to act without fear or favour, in the interest of my people.

In regards to our position of independence, it is without a doubt independence is indeed our destiny. It may or may not come under my leadership, but whenever it comes, it will be by an act of the determined will of Turks and Caicos Islanders. When the timing is appropriate the question on independence will be asked through a referendum and I am confident that the people of the Turks and Caicos Islands will be given the same opportunity as those in the Falkland Islands to answer the question as to whether it is their wish remain a UK Dependent territory.

I call on all Turks and Caicos Islanders to stand for what is right and what is just for all Turks and Caicos Islanders. I call on all Turks and Caicos Islanders to be vigilant, be honest and dedicated to the future of a brighter, prosperous nation that we can continue to proudly call our own.

Government of the Turks and Caicos Islands

N.J.S. Francis Building, Pond St, Cockburn Town, Grand Turk, Turks & Caicos Islands

Tel: (649) 946-2801 ext 40101 – Fax: (649) 946-1803 – email: [email protected] – Twitter: @premier_tci

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News

CRITICISM OF TURKS AND CAICOS ATTORNEY GENERAL

More criticism of Turks and Caicos AG after election flip-flop
Published on March 18, 2013 ,Caribbean News Now

The acting attorney general tried to withdraw out of time election challenges against five sitting members of the TCI House of Assembly: (L-R) George Lightbourne (PNP); Edwin Astwood (PDM); Derek Taylor (PDM); Josephine Connolly (PDM); and Delroy Williams (PDM)

By Caribbean News Now contributor

PROVIDENCIALES, Turks and Caicos Islands — Acting Attorney General Rhondalee Braithwaite-Knowles has come in for even more criticism following her unexpected decision on Saturday to attempt to withdraw her election challenges to five sitting members of the Turks and Caicos Islands (TCI) House of Assembly.

On Friday, March 9, Braithwaite-Knowles had filed a total of six challenges based on late or inadequate filing of notices with the Integrity Commission of interests in government contracts. Only one of such challenges was brought within the statutory five-day time limit – that against Amanda Misick, Progressive National Party (PNP) candidate in the Cheshire Hall/Richmond Hill by-election.

On Thursday and Friday, Braithwaite-Knowles argued before Chief Justice Edwin Goldsbrough in the Supreme Court in Grand Turk that Misick was disqualified from election as a result of her late filing of a required declaration of interests in government contracts.

However, the chief justice ruled against the acting attorney general in the Misick matter on Friday, thus allowing the by-election to go ahead as planned.

Out of time challenges by the acting attorney general against five sitting members of the House of Assembly: George Lightbourne (PNP); Edwin Astwood (PDM); Derek Taylor (PDM); Josephine Connolly (PDM); and Delroy Williams (PDM) for their alleged failure to disclose government contracts prior to the general elections in November last year were heard on Saturday, at which point Braithwaite-Knowles attempted to withdraw her applications.

However, in denying this request, the chief justice indicated that there were serious issues of law to be determined, which he needed to study in depth, and accordingly adjourned the case until April 9.

Braithwaite-Knowles’ overall conduct of the matter and the ongoing leakage of what should have been confidential information from the Attorney General’s Chambers prior to her filing the relevant applications with the court had already resulted in allegations of partisanship and of intentionally destabilising the TCI.

Braithwaite-Knowles is well known for her support of the PNP and a personal friendship with Premier Rufus Ewing, and her actions against predominantly Peoples Democratic Movement (PDM) members of the Assembly fuelled this controversy.

Following the acting attorney general’s surprise decision on Saturday, a local weblog known to support the PNP has accused the Attorney General’s Chambers of “causing public alarm and attempting to destabilise the Turks and Caicos Islands.”

The cases in question stem from what seems to be varying interpretations of the exact nature of conditional Crown land leases and the resulting freehold title – whether they are an open contract with the government or a simple asset – something that was not made clear in instructions to the political parties by the Integrity Commission.

However, such Crown land leases appear never to have been treated as a binding contract by the government. In many reported cases, the agreed pricing contained in the lease was thrown out by the former PNP administration and local leaseholders were forced to pay a much higher price for the land than that specified. In some cases, leaseholders abandoned the leases and gave up the monies already paid down on the conditional lease. Many in the TCI therefore believe the leases are agreements subject to change by the government and are not binding contracts.

The new reporting requirement, albeit arguable in scope, resulted from the manipulation of the sale of Crown land by members and supporters of the PNP prior to the August 2009 imposition of direct rule by Britain. In what were called “land flips”, the PNP government ministers, relatives and supporters were alleged to have had parcels of Crown land appraised at a low value, then purchased the land for belonger discounts of as much as 75 percent and then within days resold the land for much higher prices to pre-arranged buyers.

A number of criminal charges of fraud and corruption laid against 12 former PNP ministers, their family members and others relate to this practice of land flipping.

However, according to Premier Ewing, the prosecutions, which are due to go to trial next month, are “a farce.”

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BREAKING NEWS

BREAKING NEWS AMANDA MISICK WINS HER CASE

Breaking News PNP Candidate For Cheshire Hall Amanda Misick wins her Case

Posted in TCI POST on 15th of March

The TCI POST can report as a fact that Amanda Misick has won her case in the Supreme Court and as a result will be able to run in the March 22nd By-Election.
The Opposition PDM and the Attorney General Chambers alleged that due to her late notice to the Integrity Commission three days after nomination day she was automatically disqualified from running in the By-Election.
Amanda Misick Lawyers argued that due to her previous filing with the Integrity Commission for the November 9 2012 general elections she was not required to file a new notice since she had nothing new to declare and that the By-election was a continuation of the General Election.
In support of their argument Ariel Misick representing Amanda Misick drew to the court’s attention section 63 of the Elections Ordinance which states:
If the Judge determines that an election was void and a writ for a new election is issued, that election is deemed to be held as a part of the last general election held preceding the issue of the writ.”
High Court Judge Margret Ramsey-Hale had previously ruled that the Election in the Cheshire Hall constituency was void due to the participation of Dr. Edward Smith who had dual nationality at the time and was in contravention of the constitution. Amanda Misick won that election by 30 votes.
Amanda Layers further argued that:
Amanda Missick was duly nominated as a candidate for the election to be held on March 22nd 2013. She was not a party to any contract with Government. If she was a party to such a contract, she gave notice of such contract to the Integrity Commission in October 2012 when she filed her notice to participate in the Nov 9 2012 general elections.
It appears that this argument prevailed before the Chief Justice and Amanda Misick is now free to run in the upcoming by-election.
I have not yet seen the full judgment but folks, when I do it will be posted right here for all to see. JG

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