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Open Letter From Former Premier of Turks and Caicos Michael Misick

Open Letter From Michael Misick Former Premier Of the TCI To Helen Garlick

Michael Misick
Rio de Janero

Helen Garlick
SIPT
Providenciales
Turks and Caicos Islands
RE: Open Letter Regarding my voluntary return to my country Turks and Caicos Islands
Dear Ms Garlick
I am disappointed by your response to my verbal request and written request to voluntarily return home to answer question or any future charges that you may levy against me. I am determined to clear my name in relation to the allegations made by you towards me.
In response to my request to voluntarily return home directly on a charter flight, paid for by my family, your excuse is that I may change my mind between the prison and the airport and refuse to board the plane or (during) my stop-over in the British Virgin Islands I may decide to stay there.
This is the lamest excuse I have ever heard a law enforcement professional use to someone who is on the Interpol Red Alert and wanted in a jurisdiction for question and want to voluntarily surrender.
I must remind you that I am a 47 year old man (who) has spent 20 distinguished years in politics and dedicated service to my country Turks and Caicos Islands. In addition to having the honor of being the country’s first premiere, I have served in many different capacities as Minister (of Government) over the past 20 years. It is known that I did not at any time abscond or run away from the Turks and Caicos Islands or any charges. The fact is that I was away from home almost two (2) years when the arrest warrant was issued for me. It is also a known fact that because of the changes in the constitution, like removing the right to persons accused to a trial by jury, changes to various laws of evidence including the hearsay view, I am of the firm view it was and is not possible to get a fair trial for me and my colleagues.
It is a known fact that I while in office along with my colleagues advocate independence from Britain for our country Turks and Caicos Islands and it is my belief that this entire investigation, charges and pending charges is politically motivated and that we are being prosecuted because of our political views. As a result of the above position, it was also a known fact that I had applied for political asylum in a third country because of the political prosecution stated above and the violation of my human rights.
I have decided that in spite of my firm belief that I cannot get a fair trial, nor can my colleagues, and in spite of my political prosecution because of our belief that the Turks and Caicos should be independent and Turks and Caicos Islanders should be running every aspect of government, to voluntarily return home.
As a former Premiere and a leader in my country, I have not made that decision lightly. Therefore I could (not) and never will change my mind enroot to Turks and Caicos Islands. I therefore pledge to you and most importantly to the people of the Turks and Caicos Islands (that) if you withdraw the prison order and lift the Red Alert so that I can travel, my family will provide a plane for my return home, Officers from the Royal Turks and Caicos Islands Police force and/or Interpol can also accompany me on that direct flight to the Turks and Caicos Islands.
My word is my honor and at this stage all I have left is my word.
I (have) already spent six (6) weeks in prison in Brazil with no effort on your part, (no effort) on Turks and Caicos Government part, and (no effort) on the British part to have my safe return. If you are serious about even the appearance of Justice and not revenge and prosecution I ask that you in good faith re-consider your decision to reject my voluntary return. I again state that there is no need for a long and expensive process of extradition as I am willing to return voluntarily within 24 to 48 hrs of your agreement to have me return voluntarily.
The power is in your hands to do what is right and decent.
My trust as always is in my God.
Michael Misick
Former Premiere
of Turks and Caicos Islands
from Prison in Rio de Janero
BRAZIL

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Hoffman Settlement $ 7 M.

 

CORRUPTION-accused developer Mario Hoffmann has contributed a massive $7m to the government’s civil recovery costs.

The Slovak businessman, who maintains his innocence, agreed to make the payment in an out of court settlement this July in order to avoid facing trial.

He also agreed to surrender his Belongership patagoniaviajeschile and hand back 1,506 acres of Salt Cay land to TCIG.

In 2009 the Commission of Inquiry revealed that the government sold Crown land to Mr Hoffmann for a suspiciously low price.

Commissioner Sir Robin Auld claimed that there was “information of possibly corrupt and/or otherwise seriously dishonest involvement including misfeasance in public office” relating to the former Premier’s dealings with the developer.

Mr Hoffmann battled for a number of years to have the allegations retracted but lost his case.

In a recent press release he said that he was happy to put the matter behind him.

“We have at all times maintained our innocence with respect to all allegations of misconduct and corruption made against us and determined that it was most convenient and expedient to enter into the settlement rather than continue on with the disputes in relation to Salt Cay,” he said.

Neither Mr Hoffmann nor the Development Companies admitted any wrongdoing or civil or criminal liability when entering into the settlement.

Attorney General, Huw Shepheard said: “We are pleased that these disputes have now been settled, and in consequence that the position of Salt Cay is now secured slot mahjong ways with the transfer of all the respective lands on Salt Cay to the government.”

All 1,506 acres of Salt Cay land have been transferred to the government and registered at the Land Registry.

Total cash recovered by TCIG in respect of civil recovery claims amounts to $7.5m and a further $11.5m has either been agreed to be paid or has been ordered to be paid.

Some 2,500 acres of land have been recovered for the people of the TCI to date.

TCIG obtained judgment last year against the Star Platinum companies controlled by Cem Kinay, who planned to develop Joe Grant Cay, and has now received all 813 acres of Joe Grant Cay.

TCIG’s claim against Third Turtle developers Richard Padgett and Oceanpoint Development
Ltd is continuing with a trial expected to take place in January 2013.

A claim for stamp duty evasion, in relation to Emerald Cay, resulted in a judgment of approximately $9.5m being awarded in favour of TCIG earlier this year.

Proceedings are also continuing in a number of other cases, including for the ‘flipping’ of land.Share on em

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Criminal Case against MARIO HOFFMAN Dropped with a CONFIDENTIAL SETTLEMENT

 

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AG drops all cases against Mario Hoffman
By Hayden Boyce – Publisher & Editor-in-Chief

The Turks and Caicos Islands Government (TCIG), through Attorney General Huw Shepheard, has reached a “confidential settlement” with Russian billionaire and Salt Cay developer Mario Hoffman, who was once at the centre of corruption allegations following the Sir Robin Auld Commission of Inquiry.
A press release from the Attorney General said that after several years of claims and counterclaims, they have settled all current claims and proceedings between his office and Hoffman.
Shepheard stated: “The terms of the settlement are confidential, but the parties have agreed to make public all significant terms. Mr Hoffmann and the Development Companies have transferred all the lands on Salt Cay which they own or lease to TCIG, totaling some 1,506 acres; Mr Hoffmann and the Development Companies have made a contribution to TCIG’s costs; Mr Hoffmann has surrendered his Belongership and neither Mr Hoffmann nor the Development Companies admitted any wrongdoing or civil or criminal liability when entering into the settlement.”
Shepheard added: “We are pleased that these disputes have now been settled, and in consequence that the position of Salt Cay is now secured with the transfer of all the respective lands on Salt Cay to the Government. The Government will be undertaking a broad consultation as to the future of Salt Cay.”
Hoffmann, a wealthy Slovakian businessman, is, indirectly, the owner of over 90% of Postova Banka, a regulated Slovakian retail bank, and is the Chairman of its supervisory board of directors.
Since 1997 he has been a frequent visitor to TCI, having built a house here and spending 2 to 3 months here every year. Since 2000 he has been pursuing a project to develop the island of Salt Cay through a company called DEVCO. To that end he has steadily acquired land on this island from the Government of TCI. Another Slovakian bank, J & T Banka, is a partner in this project. An important part of the project is the creation of a golf course.
The TCI Government, under the leadership of its premier, the Hon Michael Misick, granted to DEVCO the land on which the golf course was to be built, on a 99 year lease at a “peppercorn” rent. In August 2006 Salt Cay Golf Club was incorporated as the company that would own and run the golf club. 50% of the shares in this company were held by Mr Hoffmann’s Cyprus based holding company.
The other 50% were given to a holding company of which Mr Chal Misick, a brother of the Premier, was the owner. In the following year, 2007, the Hon Michael Misick successfully applied to J & T Banka for a loan, made to himself and his then wife LisaRaye McCoy, of US$ 6 million. Mr Chal Misick provided, and J & T Banka accepted, his 50% shareholding in Salt Cay Golf Club as security for this loan.
Former Premier Misick, who is wanted for questioning by the SIPT, is presently living in political asylum in an unknown country. It is unclear if, as a result of the settlement with Hoffman, the allegations against Misick and his brother Chal, will still stand.

Last week, the AG also dropped criminal corruption charges against billionaire developer Jak Civre, who was charged by the Helen Garlick-led Special Investigation and Prosecution Team (SIPT) with bribery in connection with the construction of the Seven Stars project. Those charges were dropped, purportedly because of his health and age, but after Civre paid close to US$5million to the Turks and Caicos Islands Government as part of a civil recovery settlement.

Meantime, the Government press release quoted Hoffmann as saying: “We have at all times maintained our innocence with respect to all allegations of misconduct and corruption made against us and determined that it was most convenient and expedient to enter into the settlement rather than continue on with the disputes in relation to Salt Cay. We are pleased to put these disputes behind us. We have maintained our innocence at all times and continue to think that our project for Salt Cay was a good one for the people of Salt Cay and the Turks and Caicos Islands. After litigating these issues for several years, in light of all mutual claims we felt it best to settle these disputes now and move forward with our other businesses. We thank the people of Salt Cay for their trust and confidence in us.”
In his final report, Commissioner of Inquiry Sir Robin stated: “There is, in my view, information and evidence before the Commission suggestive of the involvement of the Hon Michael Misick in corrupt dealings in relation to the Government’s transactions with Mario Hoffmann on behalf of DEVCO and of Chal Misick’s knowing assistance and complicity in it. Whatever the value and worth of the Salt Cay development as a whole, the Commission is unable to accept the account of Mr Hoffmann in relation to the appointment of Mr Chal Misick as a partner in the project.”
Sir Robin Auld also wrote: “I find that there is information of possibly corrupt and/or otherwise seriously dishonest involvement, including misfeasance in public office, of the Hon Michael Misick in relation to the Government’s transactions with Mario Hoffmann of DEVCO for the development of Salt Cay:
1) in respect of his participation in that development with Chal Misick’s knowing assistance and complicity in it, as described above;
2) in the potential abuse of his public office by accepting lavish and disproportionate hospitality from Mario Hoffmann, including the use of private aircraft, the provision of international flights and other hospitality in the course of developing business relations between DEVCO and the Government;
and 3) in potential abuse of his public office by seeking and accepting a loan of $6 million from J&T Banka when that Bank, on its own account, was in negotiation with the Government over funding and participation in the development of Salt Cay. I, therefore, recommend criminal investigation by the police or others of the possibility of corruption and/or other serious dishonesty, including misfeasance in public office, in relation to the Hon Michael Misick in respect of those matters.”
* Posted on July 17, 2012

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Top Document 3:Joe Grant Cay Development Agreement signed by Governor Wetherell

Hon.Governor Wetherell on the day of signing DA of Joe Grant together with Michel Neutelings,Director of  Joe Grant companies and Deputy AG

7nov2008- Joe Grant Cay Development Agreement

JOE GRANT CAY – Development agreement final execution 071108

I have no info,where now Hon.Governor Wetherell is living.He is most possible enjoying the immunity for his doings in Turks and Caicos Islands and most probably ,he is aware which lives he already destroyed through his doings,when he was Governor in Turks and Caicos Islands.

I can only hope,that he is reading this article too

During his years he was only seen,when he was in TCI TV’s.He was never feeling as a part of TCI community .

TCI People will never forget him,because he brought TCI in the most difficult times of the history.

TCI is still after 3 years looking to go back in democracy .

He is responsible for economical disaster in the history of TCI too.

In compare to Hon.Wetherell ,Hon.Governor Todd is pushing back the business in TCI and trying to support every new investor,coming in the country to start with the projects again,which were held during time of Wetherell.

Hon.Governor Wetherell acted unlawful and unfair in the case of Cem Kinay.The courts in Tci already decided this in June 2009.He published unlawful the Commission of Inquiry Report  in July 2009 and caused through the allegations the halt of the project.

The same Hon.Wetherell approved and signed the Development Agreement of Joe Grant in November 2008!!

Now I will be accused for possible bribe to Premier  Misick for an agreement which has been signed and approved by Hon.Wetherell.

Very strange story.

I invited Hon.Gov.Todd to publish all DA ‘s in TCI in the last 20 years.He can still do it.

I am now publishing the DA of Joe Grant approved and signed by Governor Wetherell in November 2008.

God bless

Dr.Cem Kinay

one of the victims of Hon.Gov.Wetherell

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News

EXTRAJUDICIAL EXECUTION IN TURKS AND CAICOS ISLANDS THROUGH UK

Democracy is in danger in Turks and Caicos Islands.

In August 2009 Hon.Governor Whetherell brought into force an Order in Council suspending TCI constitution.House of Assembly was dissolved and all representative seats vacated.

Amongst the astounding changes was that the basic right in the European Declaration of Human Rights to a Trial by JURY was also suspended

The sole political power is now Governors,appointed by UK Government.

I have been made a victim of 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”.

Dr.Cem Kinay

 

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Dellis Cay Development Agreement signed by Hon.Governor Tauware in 2005

Link: 31July2005- Dellis Cay – Development Agreement signed

Between Dr.Cem Kinay nd  Hon.Governor Tauware on 31th July 2005.

Please compare both Development Agreements signed  for Dellis Cay ,DA from 1997,before I purchased  Dellis Cay in 1997

and  2005,when I  purchased Dellis  Cay.

I am asking again Hon.Governor  Todd to publish all DA’s in the last 20 years  for TCI People.

I am asking Helen Garlick to extend their investigations  for all DA’s and political donations in this country.

The TCI people has the right to know the TRUTH’s.

God Bless.

Dr.Cem Kinay

Developer of Dellis Cay Turks and Caicos Islands.

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BREAKING NEWS

Red Notice Issued for Dr.Cem Kinay

 

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Red notice issued for Dr Kinay
Published in SUN TCI on 11th of July 2012
Dellis Cay developer Dr. Cem Kinay says a red notice has been issued for him to be brought back to the Turks and Caicos Islands.
In a press release sent to The SUN from Istanbul, Turkey, said: “After 35 years of successful 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 fighting my political and legal struggle with the Turks and Caicos Islands Government since 3 years.”
In March this year, the Special Investigation and Prosecution Team (SIPT) confirmed that an international arrest warrant has been issued for former Premier of the Turks and Caicos Islands, Michael Misick in connection with allegations of corruption and money laundering.
Back then, the Helen Garlick-led Special Investigation and Prosecution Team (SIPT) said they obtained the arrest warrant and a “Red Notice” which was authorized by the International Criminal Police Organisation (Interpol). However, they have not issued any such notice to the media regarding Dr. Kinay, who is known to be wanted for questioning in relation to allegations of bribery allegedly involving Misick.
Dr. Kinay did not elaborate on the circumstances surrounding his red bulletin, but he stressed that he is being victimised.
He stated: “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 believed that the unique nature of my development would contribute to the cultural development of the islanders who embraced me with much interest. However, ex Premier Michael Misick’s deteriorating 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. Misick was dismissed, Parliament abolished, and constitution was suspended.  Our investments came to a complete halt. I lost all I have to the funding banks.”
He added: “The perfectly legal political donation scheme that existed in the islands for many years was turned into a corruption scandal. To prove Misick 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.”
Interpol requests are normally issued for the arrest of wanted persons with a view to extradition. An Interpol Red Notice is the closest instrument to an international arrest warrant in use today. Interpol does not have the authority to issue arrest warrants in the formal sense of the word, as this is the domain of the sovereign member states.
An Interpol notice or international notice is issued by Interpol to share information between its members. There are seven types, six of which are known by their colour codes: red, blue, green, yellow, black, and orange. INTERPOL will only issue notices if it is satisfied that all the conditions for processing the information have been fulfilled.
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”.

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Cem Kinay’in Kirmizi Bulten ile Ilgili Aciklamasi

Istanbul
10 Temmuz 2012 Salı

 

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.

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SIPT drops case against Jak Civre

SIPT drops case against Jak Civre

By Hayden Boyce, Publisher & Editor-in-Chief

Attorney General Huw Shepheard and the Special Investigation and Prosecution Team (SIPT) have dropped criminal charges against multi-millionaire Jak Civre, the developer of Seven Stars. “I have agreed to discontinue the criminal proceedings against Varet Jak Civre.
I took this decision having considered the public interest, primarily because of Mr Civre’s age and state of health” Shepheard said in a press release. He added: “In turn, Mr Civre has agreed not to resist the SIPTs application for a civil recovery order, by which he will pay the Civil Recovery Authority the sum of $4.7million, plus $250,000 costs. I consider this to be a proper and proportionate outcome of the case against him. The prosecution of those persons who are suspected of serious crime and charged with offences as a result of the SIPT’s investigation will continue. The Crown will also continue vigorously and wherever possible to recover assets that are the proceeds of wrongdoing.”
Commenting on the case being dropped, Civre said: ”
“I have been under for investigation for almost two years now. While I have always maintained myinnocence of any
crime whatsoever, the strain of that investigation has had a severe effect upon both my
health and the well being of my family. After careful consideration, I have therefore decided to agree toenter into a civil
recovery order to avoid any further lengthy and contested proceedings. It is a huge
relief to me that that this case is now over.”
On November 10, 2011, Civre was charged with bribery contrary to common law. Civre, who was represented by Conrad Griffith QC, appeared before the then Chief Magistrate Joan Joyner, who is now a Supreme Court judge, and was granted $34 million bail and ordered to report to the SIPT on a monthly basis. He was allowed to keep his travel documents.
Sir Robin Auld, who conducted a Commission of Inquiry in 2008-2009, concluded that the payment by Jak Civre, the developer of the Seven Stars Resort, to the Hon Floyd Hall of $150,000 on 8th February 2007, the day before the election, purportedly as a campaign donation, but which the Hon Floyd Hall paid into the business account of his company, Paradigm was a possibly corrupt payment.
Civre, a Belonger and long time resident of TCI, is the President and CEO of Sodalco Development Company Ltd, which bought the 22-acre former Allegro Resort property and spearheaded the seven-storey Seven Stars development. According to the Seven Stars website, since 1968 Jak developed one of the most well recognized corporate conglomerates in Italy.
Additionally he has a long history of successful entrepreneurial ventures to his credit throughout Europe and the United States. He is considered one of the top experts in Marketing Science in Italy, the website stated. In 2002 the entire corporate conglomerate founded by Civre was sold to a private equity financial group allowing Jak to fully concentrate on his real estate holdings in the Turks & Caicos Islands.
The purchase of the Seven Stars site marked one of the largest single real estate acquisitions in the Turks & Caicos Islands. The property has since been sold.
Posted July 5th 2012

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STATEMENT OF DR.CEM KINAY WITH RESPECT TO THE SALE OF JOE GRANT IN TURKS AND CAICOS ISLANDS

Istanbul, Turkey   2 July 2012

 

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 

 


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