I invite His Hon.Governor Richi Todd,to disclose all Development Agreements signed by Governors in the name of Crown with all developers in the last 20 years.
I am inviting developers of Parrot Cay,Aman Resort,Grace Bay Club,Seven Stars,Beaches etc to publish their Development Agreements too.
I am publishing this document in the interest of People and Justice in Turks and Caicos Islands.Each man and women of TCI has the right to know ,what is happening in their country.
This is the Development Agreement between The Crown and The Government of The Turks And Caicos Islands and Dellis Cay Development Company about Proposed Resort Development at Dellis Cay dated 4th day of July, 1997.
After 35 years of successfull tourism and real estate investment experience, I have encountered a new experience today. I learned that a Red Bulletin is issued for me to be taken back to Turks and Caicos Islands. I have been figting my political and legalstruggle with the Turks and Caicos Islands Government since 3 years.
My companies have invested in Mandarin Oriental Dellis Cay and Joe Grant Cay projects since 2005 until August 2009. We were the largest investor of TCI history. The total investment was going to be around $ 1 billion. I beleived that the unique nature of my development would contribute to the cultural development of the islanders who haveembraced me with much interest. However, ex Premier Michael Missick’s detoriating relations with England, the political conflict between England and Turks and Caicos Islands and the alleged corruption resulted in the intervention of the British government to the island. Missick was dismissed, parliement abolished, and constitution wassuspended. Our investments came to a complete halt. I lost all I have to the funding banks.
The perfectly legal political donation scheme that existed in the islands for many years was turned into a corruption scandal. To prove Missick is guilty, we were chosen as targets. I am a victim of politics, and I am innocent. I did not receive any benefits for any of my political donations. I will continue my defense in the international level.
Background
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. He is a Turkish and Austrian Citizen, Belonger of Turks and Caicos Islands. In 1987, Magister Oguz Serim, his other Austrian citizen partner, 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 Group. Magic Life owned and managed luxury properties in Turkey, Greece, Tunisia, Spain, Egypt and Bulgaria. In 1997,they established a further tour operator, Gulet Touropa Touristik. 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 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”.
Yaklaşık 35 yıldır Türkiye ve dünyada turizm sektörünün en saygın yatırımcılarından birisi olarak devam etmekte olan iş yaşamımda bugün yeni bir deneyim daha yaşadım.
İngiltere ve Turks and Caicos hükümetleri tarafından hakkımda bir Kırmızı Bülten çıkarıldığını haber aldım. Yaklaşık 3 yıldır sürdürdüğüm siyasi-hukuki mücadeleyi kazanacağımdan emin olmakla birlikte, gelinen noktayı kamuoyu ile paylaşmayı da bir borç biliyorum.
Türkiye’nin ekonomik kapasitesini dünyanın her yerine yayması gerektiğine inanan bir işadamı olarak 2005 yılında önce Karayiplerin bir adası olan Turks and Caicos Adalarında yaklaşık 1 milyar dolarlık bir emlak ve turizm yatırımına giriştim. Adanın güzelliğine, ekonomisine, kültürel gelişimine büyük katkı yapacak olan projemizi ada halkı ve yönetimi de büyük bir sevgi ve ilgiyle kucakladı. Ancak Ada yönetiminin ve başbakan Michael Missick’in adanın bağlı olduğu İngiltere yönetimiyle siyasi ihtilafa düşmesi, siyasi istikrarın bozulmasına ve 2009 yılında İngiliz hükümetinin adaya müdahalesine yol açtı. Yolsuzlukla suçlanan Missick görevden alındı ve anayasa askıya alındı.
Bu süreçte Turks and Caicos adalarında yatırım yapan onlarca işadamı da başbakan Missick ile bağlantıları olduğu ve yolsuzluğa karıştıkları iddiası ile suçlandılar. Ancak suçlananlar hep yabancı yatırımcılar oldu. Başbakan Missick’in rüşvetçi olduğunu ispat etmenin yolu, özellikle hedef seçilen yabancı yatırımcıların rüşvet verdiğini kanıtlamaktı. Ben de bu siyasi mücadelenin günah keçilerinden birisi olarak seçildim ve yıllar sürecek bir hukuk mücadelesinin içerisine itildim. Gerçekten “”masum ve haklı olduğum” için, “masum ve haklı olduğumu” kanıtlayacağımdan eminim. Bugüne kadar bu konuda açılan ve tamamlanan bütün davalarda olduğu gibi bundan da beraat edeceğim. Siyasi bir davaya karşı yürüttüğüm hukuki mücadelemi ise uluslararası platformların tümünde sürdüreceğim.
Hem Türkiye’nin büyüyen gücüne paralel olarak dünyanın her yerinde iş geliştiren Türk işadamlarını bu tür riskler konusunda uyarmak ve hukuki süreçler konusunda hazırlıklı olunması gerektiğine dikkati çekmek hem de küresel bir güce dönüşen Türkiye’nin tüm dünyada bayrağımızı dalgalandıran işadamlarından birisi olarak ilgililerin desteğine ihtiyaç duyduğumuzu belirtmek için bu kısa açıklamayı kamuoyunun bilgisine saygılarımla sunuyorum.
Dr. Cem Kınay
Geçmiş
Birlesik Ingiltere Kralligi na dahil Turks ve Caicos Adaları’nda yer alan Dellis Cay bir doğa harikasıdır. Parrot Cay’in yanında yer alan adaya Providenciales’den deniz yoluyla 20 dakikada ulasmak mümkündür. Dellis Cay, Haziran 2005’te özel bir şahıstan satın alınmıştır. Adada dünyanın önde gelen mimarlarının eşsiz tasarımlarından oluşan lüks bir yerleşim kompleksi planlandı.. Proje tamamlandığında, adada Mandarin Oriental otelinin çevresinde yer alan ve otelin hizmet vereceği lüks villalar ve residenceler olacaktı. Projenin inşaat çalışmalarına, Haziran 2008’de başlanmıştı ve planlanan, projenin ilk bolumunun Ekim 2010 da tamamlanması şeklindeydi.
Dr. Kinay, son otuz yıldır ,vizyon sahibi,saygıdeğer bir uluslararası iş adamı olarak haklı bir üne kavuşmuştur. Magic Life Grubu’nun kurucusu olan Dr. Kınay, 2006 yılında layık görüldüğü “Avusturya Devleti Onur Payesi ve Madalyası” da dahil olmak üzere yüksek ahlaki ilkelerini, dahası iş dünyasındaki zekasını ve yetkinliğini tanıyan pek çok ödül almıştır.
I understand that Sotheby’s has been instructed to act for the Government, and has placed the 200 acres parcel 30101/25 of Joe Grant Cay on the market for sale at US$9.95 million. The parcel was recovered last year for the government following a claim by the Civil Recovery Team against my companies. I appealed the decision. The Appeal Court will decide later this year whether the Court’s decision was just and fair, as it was not.
The people of Turks and Caicos Islands must know that according to the Court documents submitted by the Attorney General:
on 7 November 2006, Mr Shaban Hoza, Government’s own valuation officer, reported a freehold value of this land for commercial use to be $230,000 per acre, but advised that the Government (or the Crown) could negotiate a price of up to $330,000 per acre. Those figures produce a valuation of between US$46 million and US$66 million for this 200 Acres land for commercial use ;
on 10 June 2008, this time Mr Hoza has produced a valuation of US$50 million for this 200 acres land for commercial use .
The Attorney General has quoted these valuations to build the Government’s case against our companies. The Court on the other hand, disregarded the Government appointed BCQS Limited’s US$3.2 million valuation for this 200 acres land for commercial use which was the basis for our purchase of Joe Grant Cay through our companies back in June 2008.
Now they are attempting to sell it at US$9.95 million.
The Government owes to TCI people, to declare the true value of the 200 acres of Joe Grant Cay, is it worth USD 50 million? US$250 million ? Or US$3.2 million that BCQS, a reputable Caribbean commercial firm has reported when they worked for the Government to confirm what must be the fair market price of this 200 acres?
If US$50 million is true, somebody is going to benefit US$40 million of Turks and Caicos People’s money.
If US$3.2 million is true, the Government should give us back our land,, that it claimed we bought at undervalue at the absence of a Development Agreement, in the midst of Worldwide economic crisis.
In any case, The Government must immediately stop the illegal sale of the 200 acres of Joe Grant Cay. This land is still the subject of an upcoming appeal between our companies and TCIG.
I appeal His Hon. Governor Richi Todd to suspend the sale of 200 acres of Joe Grant Cay. I also appeal to Sotheby’s Turks and Caicos Islands to immediately stop the sale of this land, which is still in dispute. I appeal to Temple Trust, to wait the results of the upcoming appeal.
Joe Grant Cay is a remote uninhabited cay located in a remote section of the archipelago between Middle Caicos and Easy Caicos, accessible only by sea. This Cay has no dock, no road, no electricity, no water neither any form of other infrastructure. The cay is composed mainly of consolidated rock with the ocean frontages consisting of either sand or “iron shore”. The elevation is low and the shallow water depths at some parts of the island for do not allow visitors to access other areas.
In 2008, We took a huge risk when we decided to invest into this property encouraged by his Hon. Governor Tauwahare, and ex Chief Minister Michael Missick.
I condemn the statements of certain people who claim that Joe Grant Cay will pay off TCI’s US$ 260 million debt to the UK. The best 200 acres of beach front parcel of Joe Grant Cay is up for sale US$9.95 million and it is unlikely that it will meet any buyer, unless the Government promise a preferential Development Agreement never seen before, with huge subsidies. Perhaps a preferential Development Agreement is already on the table, and the lucky buyer is already known. We will see what will come up behind the decision to sell this land so swiftly, without waiting the result of the appeal.
Dellis Cay and Joe Grant Cay Development Agreements:
Whether the Government has on the offer a preferential Development Agreement to the new buyer of Joe Grant Cay’s 200 acres, our Development Agreements had nothing unusual in them.
My companies have invested in Mandarin Oriental Dellis Cay and Joe Grant Cay projects since 2005 until August 2009. We were the largest investor of TCI history.
We have bought Dellis Cay at the time of His Hon. Tauwhare in June 2005 for USD 18 million from Mrs Dini Zingone. This deal was the largest private deal in TCI. I signed Dellis Cay’s development agreement dated July 2005 with Hon. Governor Tauwhare.
Further, on June 2008, we bought 200 acres of Joe Grant Cay island after 1,5 years of negotiations directly with the Attorney General, at the prices and terms determined by third parties appointed by His Hon. Tauwhare. On November 2008, our companies signed a Development Agreement for Joe Grant Cay after 2 years of intense negotiations, with the Attorney General. The signature on the Joe Grant Cay Development Agreement belongs to His Hon. Governor Wetherell.
Both Hon. Governors, have executed all Cabinet resolutions for Dellis Cay and Joe Grant Cay throughout their respective terms. I read in the press speculations about the Development Agreements of these projects. I have taken the decision to immediately publish in public both the former Development Agreement executed for Dellis Cay with Mrs. Zingone Dini before me, and the current Development Agreement for Dellis Cay signed by Hon Governor Tauwhare on July 2005.
I will also publish to public the Sale & Purchase Agreement signed by His Hon. Governor Tauwhare for Joe Grant Cay on June 2008, and the Development Agreement signed by His Hon. Gov. Whetherel for Joe Grant Cay on November 2008.
I am all for transparency. Therefore, I invite His Hon. Governor Richi Todd who is currently in office, to disclose all Development Agreements signed by TCI Government for the past 20 years. At the end of the day, these Development Agreements are negotiated and provided to the Investors for the benefit of both the Investors as well as the TCI people. TCI people have a right to know what is going on in these agreements. Why to keep them secret? Why let people speculate? Publish them and show to the people of Turks and Caicos Islands, who got what?
There is not a single developer who did not make a perfectly legal donation to the political parties in the TCI, but I am picked as a victim with a select few other to pay a deer price. I hope one day, all developers will disclose their development agreements and their donations to the political parties. Only then, the TCI people will see the truth.
The Responsibility of the his Hon. Governors
On July 18th 2009, His Hon. Governor Whetherell published the Commission of Inquiry’s Final Report which provided access to the unredacted text that contained our good companies name, ruining our reputation, and causing the banks to pull funding. Later on, His Hon. Governor 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. The constitutional right to trial by jury was suspended. Shortly after in October 2009, a receiver was appointed to our project Dellis Cay by TTUTC.
Since then, I am exposed to numerous claims, in breach of my human rights. I am really sorry that two principal players between 2005- 2009 are not in the TCI today. They are the ex Hon. Governors Tauwhare and Whetherel
It is my strong belief that these Hon Governors have caused major damage not only to my companies but also to the TCI people. They have ruined the properties and lives of many people, by abusing their responsibilities.
Governor Tauwhare and Governor Whetherel represented the principal office ruling TCI, and they must be accountable for both good and bad things that happened in the TCI. They have chaired every Cabinet meeting along with the Attorney General. They have executed each and every resolution in the TCI. If the Courts one day, prove there has been “widespread” corruption at TCI, the Governors must surely be hold accountable as well.
I am very pleased that the elections are now proposed and finally we see the possibility to return to democracy after 3 years of interruption. I believe that TCI people deserve democracy and hope that both PDM and PNP will fulfil their responsibility in this respect.
DR.CEM KINAY
ONE VICTIM OF POLITICS IN TURKS AND CAICOS ISLANDS
They are a lot of discussions regarding recovery of Joe Grant first through SIPT in Turks and Caicos Islands 6 months ago and now the statement of Governor Todd,that through recovery of Joe Grant they will cover the UK Loan about 200,0 MIO USD???
Nobody would like to wait the court decisions.
Is it possible to cover the SIPT costs and fundings through recovery of Joe Grant?Is it true or is it only a story to get the people of TCI calm about the costs and fundings of SIPT?
Or is it an international Scandal?
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 5 months later on November 7, 2008, the former Governor, Hon. Whetherell has executed a Development Agreement with us for the development of the whole island.
What was 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 Cay and Joe Grant Cay, 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 Joe Grant?
We wanted to develop the island with an environmentally friendly small Hotel and then Homes in the natural surroundings. We have retained top environmental engineers from Florida, and we started immediately 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 from the discussions in the past years 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 Inquiry,. whether in relation to Joe Grant’s Cay or otherwise.
Who is you local/belonger partner by Joe Grant?
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 ceremonies of Dellis Cay.Governor Hon. Tauwaree came in the afternoon to this ceremonies,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, Governor HE Gordon Wetherell, 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 inhabited 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 were 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. I trusted to Governor Hon.Tauwahare and later on to Governor Hon.Whetherel.
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 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 comparable 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 value r 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. Our company 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 fgull 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 June 2011? What will happen now?
I received the Turks and Caicos Islands Court’s judgment in June 2011 concerning Joe Grant Cay. I also received TCIG’s Press Release from July 2011. 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 in Turks and Caicos Islands?
Now a new Governor is appointed as you know.His Excellency Hon.Todd is a very positive person and has a new approach for TCI.I will explain him following:
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.
It is also not right,to tell TCI Islander,the government recovered Joe Grant.It is not true.We have still our appeal open and when we will again lose because of the pressure of Attorney General,SIPT,TCI Government etc,we will go to the international courts for this injustice.
Queen’s Counsel Carlos Simons says if he becomes leader of the Progressive National Party (PNP) and Premier of the Turks and Caicos Islands, he will fire Special Prosecutor Helen Garlick and her Special Investigations and Prosecutions Team (SIPT). Speaking on Robert Hall’s Expressions call-in programme on Radio Turks and Caicos on Monday April 23rd, Simons said the SIPT was nothing more than a “gravy train” and that they should really be called the “Garlick Time and Money Team”. The prominent lawyer, who is running for leadership of the PNP at its upcoming convention, said: “Here we have a situation in which the British Government is forcing us to pay millions of dollars to Helen Garlick and their other lawyers to investigate so called crimes that were committed on their watch and to recover land, every acre of which was doled out over the signature of their Governor (Richard Tauwhare). At the same time as we are paying these millions of dollars to Helen Garlick and other British Government lawyers, public servants and others are being laid off and the people of Grand Turk have to line up at the public tank with buckets for water.Now just ask yourself, what is wrong with that picture? And the answer is everything.” Simons said that on the one hand the British are “terrorizing and traumatizing” the people of the Turks and Caicos Islands with their own money and on the other hand they are “driving the rest of us into poverty”. He added: “It is morally wrong. The only reason it is not legally wrong is because the British have made the laws. They call it the SIPT. But it’s really nothing more than a gravy train. Its name ought to be the GTMT- The Garlic Time and Money Team. But I promise you this- the day I take office is the day Helen Garlick gets laid off. That gravy train they’re riding will not just be stopped; it will be brought to a screeching halt. I will not spend on dime, no not one dime of TCI taxpayers’ money on Helen Garlic. The events they are investigating took place under the watchful eye of their Governor, the investigation was recommended by their Commissioner, it is being conducted by their lawyers, applying laws that they themselves have recently made. But it’s all being paid for with our money. That is not justice and I will see justice done or I will die in the process. So the day I take office, I will be saying to the British Government is relation to Helen Garlic, not in my name and not on my dime. You hired her, you pay her. Otherwise she can pack her bags and go home. I just don’t roll like that.” Simons also called on Governor Ric Todd to withdraw the international arrest warrant against former Premier of the Turks and Caicos Islands Michael Misick. “Imagine issuing an international police warrant with our money as though they’re hunting some kind of genocidal maniac and as though they had nothing to do with the circumstances. It is an affront to this country as a whole. I call upon the Governor to rescind that warrant today. If he does not I will the day I take office,” Simons added. Meantime, Simons said in a separate press release that he was “outraged” by the recent statement from the owner of Beaches TCI to the Jamaica Observer revealing plans to increase his Jamaican staff in the TCI by 150 workers. “I am similarly outraged that the Interim Government of Governor Todd could countenance such an arrangement. The quote attributed to Mr. Stewart in the Observer to the effect that he is happiest when he is in a position to provide jobs for Jamaicans who deserve to have employment so that they can take care of themselves and their family”, is at best insensitive and at worst offensive because the jobs he is referring to are being provided in the TCI at the expense of TCI workers, who equally need jobs to feed their families and who have a greater entitlement to those jobs,” Simons said. He said it is clear that the Interim Administration which ought to be protecting the TCI workforce has abandoned its responsibility to do so. “How else can you explain laying off hundreds of public servants but at the same time allowing a private sector employer to import hundreds of foreign workers without first offering those opportunities to the laid off public servants and other unemployed TCI workers? I call upon the Governor to release immediately the details of this scandalous arrangement so the public can see what his government is up to and to forthwith reverse the decision to allow this to happen,” the Queen’s Counsel added.
published in SUN,Turks and Caicos Islands ,25th of April 2012
Dr. Rufus Washington Ewing was born in the historic seaside settlement of Blue Hills on the Island of Providenciales where he was raised in a Seventh Day Adventist Christian home by his Mother Mrs. Jane Ewing and Father Hon. Hilly Ewing, former Deputy Chief Minister along with his many siblings. It was during these formative years that the Christian Principles of honesty, integrity, humility, love for mankind and service were instilled.
At an early age Dr. Ewing was introduced to the world of service and caring by his Aunt, Nurse Joyce Ewing-Beswick, with whom he lived while in Jamaica in the early 1970’s. During that period he attended clinics with his Aunt and was fascinated with the art of medicine and there onwards developed a passion for the profession and caring for people. This exposure to medicine continued when Dr. Ewing again accompanied his Aunt to the Blue Hills Clinic when she returned home to work in the late 1970’s.
The Scholar Dr. Ewing attended the Blue Hills Primary School now called Oseta Jolly Primary School where he was taught by respected educators such as, Mrs. Ellen Howell, Mrs. Cicely Ewing, Mrs. Thelma Lightbourne and Mrs. Mavis Cunningham, just to name a few. After Primary School, Dr. Ewing spent one term at the Private Provo High School in the Bight before being transferred to Grand Turk to attend High School there.
It was in Grand Turk at the Turks and Caicos High School (now Helena Jones Robinson High School) that Dr. Ewing had the opportunity to advance his education and develop his leadership skills and ability. Growing up in Grand Turk away from his immediate family was made easy by the comfort and care offered to him by Ms. Sarah Haven, with whom he lived and whom he now calls his second Mother. This comfort was magnified by the warmed reception he received by his Good Street and North and South Back Salina neighbours and friends and his schoolmates from across the Turks and Caicos. Dr. Ewing was one who was always focused, disciplined and set goals to which he would aspire and achieve and he did just that. He was selected as the Head Boy of his class which was his first opportunity to develop and demonstrate his leadership potential. He was taught by many excellent teachers, but a few of them in particular instilled in him certain qualities that he lives by and cherishes today. Ms. Lillian Swann-Missick, his teacher of history was the first to have left an impressionable mark on his life. She taught him to be a critical and independent thinker, to “not be gullible about the information written in the history books as they were written by “the oppressors and enslavers”. Dr. Ewing was so passionate about her teachings that he excelled in the subject, which was outside of his science mainstream. Mr. Poulose, Mrs. Latha, Mr. Babu, Mrs. Allam and Mr. Ross ensured that he was prepared for the world of science. Mrs. Julia Williams, his teacher of English and Literature taught him perseverance and skills to overcome challenges and obstacles, while Mr. Hubert Fulford, as a Music teacher taught him temperance and patience. The School Principal, Mr. Bertram Ross was his mentor and taught him the art of diplomacy and Leadership. Dr. Ewing graduated from the Turks and Caicos High School in 1985 as the Valedictorian of his class. In 1985 Dr. Ewing was offered a scholarship to go to Trinidad to study to be a General Science Teacher but he turned it down as this was not his ambition and goal. His goal was to become a Surgeon or at least an Electrical Engineer both of which he was passionate about. Dr. Ewing stayed at the Turks and Caicos High School as the Laboratory Technician and Science Tutor whilst improving his academic credentials until 1986 when he was awarded a scholarship to pursue Advanced Level Studies at the Barbados Community College.
Whilst in Barbados Dr. Ewing learned to live an independent life and how to really compete for the prize against serious competitors. Dr. Ewing again surpassed his competitors and excelled in his A-Levels and was awarded a Turks and Caicos Scholarship to pursue Medicine at the University of the West Indies in Mona, Jamaica.
In Jamaica Dr. Ewing again had the opportunity to further develop his Leadership skills. Dr. Ewing, along with Mr. Delton Jones, Bradley Handfield, Alpheus Gardiner and Ms. Carol (former Jamaican Teacher of the Turks and Caicos High School) were instrumental in establishing the Turks and Caicos Students Association (TACSA) in Jamaica. TACSA was established with the mandate to address the welfare of all Turks and Caicos Students studying in Jamaica. TACSA acted as the Liaison between the TCI Government and Students in Jamaica and also represented TCI Students issues at the various institutions. TACSA also acted as an outlet for mentoring younger TCI students ensuring the achievement of their goals. Dr. Ewing served for two years as Vice President and two years as President of TACSA.
Medical School in Jamaica was where the qualities of humility and caring were cultured and solidified and the art of team work was ingrained, as without these one would not survive medical school or emerge to be a great physician.
The Physician and Surgeon
It was in Jamaica, during his Medical School team work sessions that Dr. Ewing met and fell in love with his classmate Dr. Dawn Perry. Dr. Ewing always believed in being organized and efficient and to that end he got married to Dr. Dawn Perry in 1993 on their graduation day.
After completion of Medical School Dr. Ewing and his wife moved to Nassau, Bahamas to complete their internship and start a family life which gave birth to their Son Stuart Ewing. It was in Nassau that Dr. Ewing’s passion for surgery grew. He knew from High school that he wanted to be a surgeon, but there was no conviction to that desire until completion of his surgical internship rotation. This conviction to become a General Surgeon led him back to Jamaica in 1996 to enter the General Surgery Residency Training Programme.
The General Surgery Training Programme was the place where Dr. Ewing was able to utilize all of the life and leadership skills he learnt along the way. However, the skills of critical thinking, evaluation and situational analysis, confidence, discipline and astute decision making were paramount to practice and successful clinical outcome, all based on certain principles which were not to be violated less you fail. During his surgical residency and even so today, Dr. Ewing live on the principles of recognizing his limitations and not wasting time defending the indefensible. Dr. Ewing became a Fellow of the Royal College of Surgeons in 1998 and received training in Paediatric General Surgery in 2000 at the IWK Grace Health Center and Halifax, Nova Scotia, Canada before graduating from the University of the West Indies with a Doctorate of Medicine Degree in General Surgery in 2001.
Dr. Ewing has always been a true patriot and loved serving his people. He began serving his people from the time he entered Medical School in 1993, where he looked out for the interest of Turks and Caicos Islanders seeking medical care in Jamaica. This service continued in Nassau during his internship and was scaled up in Jamaica during his residency training. Recognizing the many health needs of his people, Dr. Ewing was anxious to return home to serve his people and did so in 2001 with his family.
The Public Health Care Leader and Community Volunteer
Dr. Ewing was always a visionary and a goal oriented person. Upon arrival home he immediately requested a meeting with the Chief Secretary, Permanent Secretary of Health and others and presented them with his vision for health care in the Turks and Caicos and how he can get it done. There was very little difference between Dr. Ewing’s vision and the plans of the ongoing DFID funded Health Care visioning and Health Sector Development Strategy project.
In August 2001 Dr. Ewing was employed by the Ministry of Health as Deputy Chief Medical Officer (DCMO) with direct responsibility for the Myrtle Rigby Health Complex (MRHC) and Lead Surgeon at the MRHC. There were many challenges being experienced in the Health Care Sector. The most prominent were the lack of surgical services in Providenciales, the rising cost of overseas treatment and the inadequate health infrastructure, particularly on Providenciales and the general lack of equipment. Through Dr. Ewing’s Leadership and the assistance of a dedicated team, the MRHC Operating Theatre was commissioned and the first major surgical procedure was performed in October 2001, after three months on the job. This was a significant achievement as persons from Providenciales requiring appendicitis surgery, routine hernia surgery and C-sections to name a few, no longer had to fly to Grand Turk for surgery. Dr. Ewing addressed the rising cost of overseas treatment by recommending the implementation of a Treatment at Home Programme. This programme saw the procurement of new surgical equipment, the recruitment of more medical and surgical staff and the expansion of the visiting specialist programme. This programme along with other policies resulted in a precipitous reduction in the cost of overseas treatment. The Development of new health facilities and the financing thereof was the most challenging of all the health concerns. Dr. Ewing provided sound clinical guidance and advice to both governments during his term as DCMO and Chief Medical Officer (CMO) on the development of new hospital facilities and the implementation of a National Health Insurance Plan (NHIP).
Dr. Ewing acted as CMO on numerous occasions between 2001 and 2005, until he was appointed as CMO/Director of Health Services in 2005. Dr. Ewing saw it fitting to expand his Public Health knowledge and as such pursued a Master of Public Health Degree from Johns Hopkins University Bloomberg School of Public Health which he completed in 2008.
Dr. Ewing was the Lead of the Clinical Work stream for the new Hospitals project and was a member of the National Health Insurance Steering Committee. On both of these committees he played the role of providing policy advice in relation to the provision of clinical services in the new hospitals the protection of the interest of the people in accessing quality health care at all levels especially protecting those that are most vulnerable.
Dr. Ewing saw the need for the strengthening of the Ministry of Health to perform its function with respect to policy and regulation of the health sector. To this end he was instrumental in moving the operating level of the CMO and Chief Nursing Officer (CNO) from the level of the hospital to that of the Ministry of Health and hence strengthened the leadership, management and policy development capacity of the Ministry of Health. He was also instrumental in advocating for the establishment of critical policy, regulatory and strategic units within the Ministry of Health which included the National Epidemiology and Research Unit, the Health Planning and Promotion Unit and the Health Emergency Management Unit. These Units significantly increased the capacity of the Ministry of Health to perform Its Essential Public Health Functions.
Some of major Policies and Projects developed under Dr. Ewing’s Leadership with the assistance of his great health team were:
Treatment at Home Policy
Treatment Abroad Policy
Health Care Infrastructure Development Policy to include the development of:
MRHC and Grand Turk Hospital Operating Theatre Projects
South Caicos Clinic
Two New Hospitals
Middle Caicos Clinic
Blue Hills Clinic
Health Strategic Plans
Primary Health Care Renewal
Migrant Health Evaluation Policy and Programme
Health Care Regulations
Dr. Ewing has achieved much in the development of health care in the Turks and Caicos, but he recognizes that there is still much left to be done especially in the area of Primary Health Care, Health Care Financing and Health Care Regulations and he is committed to realizing his health care vision of a healthy TCI Population.
During his 11years at the Ministry of Health, Dr. Ewing was a member of many Boards by virtue of his position as CMO and also served as Chairman of the Health Practitioners’ Board, Public and Environmental Health Board, National Insurance Medical Board and Director of the Caribbean Health Research Council (CHRC).
Dr. Ewing is a member of a number of Health NGOs providing support to them in particular the National cancer Society, Diabetes Association and the Turks and Caicos Heart foundation. He is a Founding Member and Director of the Turks and Caicos AIDS Awareness Foundation.
Dr. Ewing upon his return home in 2001 was given permission by the Executive Council to operate a Private Medical Practice, Omnicare, which he shared with his wife since 2002. Through this practice he has been able to provide service to the wider TCI public who were not keen on attending government facilities. Through this practice Dr. Ewing has also been able to provide outreach health care services to the community in particular sporting organizations and Churches.
The Public Service and Civil Rights Leader
After the suspension of the TCI constitution and the imposition of direct rule from Britain, Dr. Ewing became frustrated by the policy direction of the Interim Administration and the manner in which policies and laws were being introduced and enacted, which had a significant negative impact on the lives of citizens in general and Civil Servants in particular. Dr. Ewing considered resignation from the service in late 2010 but decided to stay in the Service to help fight against the policies that he considered detrimental to the welfare of citizens and Civil Servants and to protect the rights of Civil Servants. In November of 2010 Dr. Ewing and a few Civil Servants formed a working group to revitalize the dormant Civil Service Association (CSA), which was revitalized on January 6, 2011 with the election of the CSA’s management Council with Dr. Ewing as President.
The CSA under the Leadership of Dr. Ewing had ongoing negotiations and dialogue with the Interim Administration to prevent the implementation of policies which they thought were not in the best interest of Civil Servants and the country. The Administration’s failure to address fairly the issues of salaries, allowances, pensions and gratuities and redundancy of Civil Servants lead the CSA to several industrial actions and improvement of some benefits in the interest of Civil Servants.
In August of 2011, Dr. Ewing, frustrated by the actions of the Interim Administration led a one man demonstration against the Governor and his Advisory Council demanding their resignation and the imposition of a democratically elected government. Just prior to this action Dr. Ewing submitted his letter of resignation to the Ministry of Health with an effective date of March 30, 2012. This gave him greater comfort and freedom to speak out against the injustices of the Interim Administration. Dr. Ewing continued his work with the CSA defending the rights of Civil Servants until his resignation from the Civil Service on March 30, 2012.
Democracy is in danger in Turks and Caicos Islands and I am a victim of this.
In July 2008 The Governor of Turks and Caicos – representing the UK Government – appointed a Commission to conduct an Inquiry into “possible corruption or other dishonesty” in Government. Hearings were held – presided over by His Lordship, Mr. Justice Sir Robin Auld – in January of 2009, concluding in February of the same year. In August 2009, His Excellency, then the Governor of the Turks and Caicos islands, Gordon Wetherell brought into force an Order in Council suspending portions of the Turks and Caicos Islands Constitution. Under this move Ministerial Government, and the House of Assembly – which is the only means of representing the people – was dissolved and all representative seats were vacated, with the promise of elections in 24 months. Amongst the astounding changes was that the basic right in the European Declaration of Human Rights to a Trial by Jury was also suspended, and confirmed recently by law. The sole political power in the Turks and Caicos Islands is now the Governor, appointed by the British government. He has appointed an Advisory Council and a Consultative Forum. However, as the appointment documents make clear, the Governor has no obligation to follow or regard their recommendations. This undemocratic move, which is totally inconsistent with Article I of the United Nation’s Charter on the Right to Self-Determination, is still the case in Turks and Caicos, and still, now nearly 2 and a half years later.
And still there is no date for elections.
My involvement in the Turks and Caicos dates from early 2005. In June of that year we purchased a private island called Dellis Cay, to develop a USD$1 billion project with the Mandarin Oriental Hotel and villas with world famous architects – including Zaha Hadid, David Chipperfield, Kengo Kuma, Shigeru Ban, Piero Lissoni and Carl Ettenspenger. The development proceeded in an unremarkable fashion, with usual succession of planning permits, from the start construction date of June 2008 to October 2009. A mixture of funds from my own resources, sales of residential units and loans from the Trinidad & Tobago Unit Trust Corporation funded the development.
In June of 2008, we bought a second island, Joe Grant Cay, from the Crown (The government of Turks and Caicos), presented the deal structure to the British Governor of Turks and Caicos – who was then His Excellency Richard Tauwhare – with the development agreement signed in November of 2008 by the new Governor, His Excellency Gordon Wetherell, with the objective of developing a resort with Bulgari Hotel and Villas.
In January 2009, in the course of hearings by the Commission of Inquiry, the Premier of Turks and Caicos disclosed political contributions by several businessperson and companies toward his party’s elections, two years before, in 2007. He disclosed a political contribution made by our company as well; which is normal all over the world, including in Britain.
Neither the Inquiry, nor the Judge, nor the Governor made any request of me, or my representatives to provide answers about these contributions. Yet, our actions were remarked upon adversely in the Commission’s report.
In June 2009, we asked the High Court of Turks and Caicos Islands to undertake a Judicial Review of the Final Report of the Commission of Inquiry, with the result that the Supreme Court called for the removal of any and all adverse references to my or our companies. In his ruling the Chief Justice agreed with us, that there was a “Clear and almost total failure by the Commission to follow its own procedures”. His Lordship stated further that I had not been given a fair hearing, and said that if any adverse statements were included in the Final Report, they should not be published.
It must be understood that even though this court is in Turks and Caicos, it is an English court, applying English law and procedures. Yet, four (4) weeks later, in July of 2009, the Final Report was published, with text unredacted, so that the adverse statements made about me and my companies, which were judged to have been unfair and unlawful, were made public; even after the Chief Justice ruled they should not be published.
Despite my attempts to cooperate and assist the lending bank for our projects to understand the issues relating to the Commission of Inquiry and their unlawful published reports, it was no longer possible to avoid the entrance into Receivership of the Dellis Cay project in favour of the Trinidad and Tobago Unit Trust Corporation in October 2009.
This failure of the Commission to follow the law has therefore done me harm because I provided personal guarantee to the Trinidad and Tobago Unit Trust Corporation.
Since that time – January 2010 – the bank has obtained a worldwide freezing order against me. The Attorney General of Turks and Caicos issued a Writ and Statement of Claim regarding Joe Grant Cay in July 2010.
I have appealed both actions.
After three (3) years, in October 2011, I was finally able to explain my side of the allegations of bribery for the political contributions above. In the meantime, my assets in Dellis Cay and the assets of buyers in that development have been destroyed; even though I have never bribed anyone in Turks and Caicos, or anywhere else.
I have been made a victim of the politics of Turks and Caicos. In English law, the saying is that “justice must not only be done, but it must be…seen to be done”. I speak now to warn that this is not the case in Turks and Caicos and to say that human rights, and property rights, democracy and justice are under threat in Turks and Caicos
