Tag: Joe Grant

Press Statement from Advocates Legal Group in Turks and Caicos Islands

Post author By Cem Kınay
Post date 1 February 2013

Published in TCI Post on 01st of February

Advocates Legal Group – Press Statement Re: Intimidation and Threats by the Attorney General Chambers

ADVOCATES LEGAL GROUP
MEMBERS: Mark A Fulford, Noel T Skippings, Arthur Hamilton, Ashwood Forbes, Courtenay Barnett
PRESS RELEASE
RE: INTIMIDATION & THREATS TO FREEDOM OF SPEECH
MADE BY THE ATTORNEY GENERAL CHAMBERS
As Lawyers, we feel compelled to respond to the Attorney General`s public statement, as we find it to be very high handed, vexatious and wreaks of intimidation of the highest order.
Our country`s constitution guarantee us the freedom of expression, and unless the AG Chambers changes that law too, Part 1, Section 1 of the Constitution still applied to the Turks and Caicos Islands.
It is not acceptable that the Attorney General should cause to be published a threat of 10 years imprisonment when the press published and freely expresses factually based concerns about the manifest flaws and shortcomings in the justice system under the present dispensation.
It is indeed a compromise of the Constitutional enshrinement and protection of the fundamental right of “freedom of expression”. The AG’s threat to imprison by invoking the antiquated concept of contempt by way of “scandalising the court” fails to recognize the following:-
A. Contempt by way of scandalising the court was used years ago in England as a means of silencing legitimate criticism of Judges and others in authority. It is no longer used in England, and since parity by way of “gay rights” has been strenuously advanced by HMG in the TCI, the lawyers group is duty bound to insist that obsolete laws not be used in this manner to silence those who make legitimate criticism of a manifestly flawed justice system.
B. If the individual or individuals named in any article feel that they have been defamed, then sue the published on the article for defamation and do not threaten either lawyers or the press which should not be so intimidated because a Registrar, or Chief Justice or any Judge feels aggrieved for having read what was published in the press.
B. The high office of Attorney General should be, with respect, more concerned about:
Compromises in the system of justice,
Selective prosecution,
the impasse between Governor and Government over VAT,
The use of prosecutorial powers to pressure confessions and settlements,
Rather than be it implied or expressed be seem as silencing legitimate criticisms of a flawed justice system.
END
31 January 2013

Posted by john Glasgow on Feb 1 2013.

News

Press Statement from Michael Misick in Prison Brazil

Post author By Cem Kınay
Post date 1 February 2013

Press Statement from Michael Misick in Response to the AG Statement
Published in TCI POST on 01st February

I have read with amazement the comments of the Attorney General Huw Sheppard as to why I cannot return home voluntarily.
Firstly, I nor my legal representatives have ever given any previous assurance of my return nor was I ever ask to show up at any police station at any given time to answer any questions.
Sometime during 2011 my legal representatives received a letter from Helen Garlick saying that she would be inviting me to return for questions. My lawyer responded by asking for full disclosure and subjects of the questions so that I could be prepared to answer them. My lawyer never received full disclosure or the subject matter of the questions.
The next time I heard anything from SIPT or Helen Garlick was in February 2012 when they issued an Interpol Red Alert for my arrest. By that time, because of my belief that I could not get a fair trial and that me and my colleagues are being prosecuted for our political beliefs I had already applied for political asylum in Brazil. Once the Red Alert was issued, I was stuck in Brazil and could not travel home freely. There was no window of opportunity given to me to voluntarily show up.
I am a political prisoner having been arrested illegally at the request of the Attorney General Huw Shepheard and the British Government and documents they filed in the Brazilian Supreme Court requesting my detention and extradition to the Turks and Caicos Islands. For that reason, the only way that I can be released from prison is if the AG and the British Government withdraw the prison order and agree to my voluntary return. My stay in jail is not up to the Brazilian authorities as the AG asserted but it is up to the TCI Attorney General Huw Shepheard, Special Prosecutor Helen Garlick and the British Government.
In spite of still holding the belief that I cannot get a fair trial, I and my lawyers have offered for me to voluntarily return home in exchange for the AG and the British Government withdrawing my prison order. I was arrested on December 7th 2012. Today is Janurary 27th 2013. If the AG and others were truly interested in me coming home to face justice why for almost 60 days they had not made the official request for my extradition or accepted my offer to voluntarily return home?
It is obvious that the delay is about revenge and my continued political prosecution, they want to punish me by keeping me locked down in a maximum security prison in Brazil for as long as they can. Reality is that I have applied for political asylum in Brazil and there is a Red Alert out for me so how am I a flight risk? Why would I abandon my asylum application and leave Brazil? In fact I cannot do anything without the AG and Helen Garlick agreement to lift the Red Alert.
By these facts I again call on the AG and Helen Garlick, if they are truly interested in fairness and justice, to allow me to come home voluntarily so that I can answer questions and begin to prepare my defense since they have already decided that I will be charged even before asking me the first question.
It makes no sense to waste more of the TCI tax payers time and money on a long and drawn-out extradition process. The AG knows that extradition is a process and that the process must be followed wether I consent to be extradited or not. I have publicly declared my willingness to come home voluntarily, I am interested in justice. I am interested in coming home to clear my name.
The Ag and others can facilitate my speedy return so I can face their justice or they can continue to make excuses and continue their prosecution of me and punishing me without a trial by leaving me in jail in Brazil because they are upset that I did not return home a year ago. This is revenge, not justice. The choice is theirs not the Brazilian authorities.
I could be home to face whatever charges they choose to place on me in 24 to 48 hours of the AG and the British Government agreeing to my voluntary return.
There is recent president for this in England where at least one high profile prisoner did agree to voluntarily return there to face charges after being away for many years. My situation is no different from theirs.
It is highly unusual for a person that is a country’s most wanted to want to voluntarily return and the authorities of that country refusing to accept him or to expedite his return.
Something is wrong with this picture. It is up to you Mr. Attorney General.
Michael Misick
Former Premiere of the Turks and Caicos Islands
From Prison
Rio de Janeiro, Brazil
27-01-2013

News

Extradition of Michael Misick

Post author By Cem Kınay
Post date 30 January 2013

Official request made to Brazil for extradition of former Turks and Caicos premier
Published on January 30, 2013

By Caribbean News Now contributor

PROVIDENCIALES, Turks and Caicos Islands — A formal request for former premier Michael Misick’s extradition to the Turks and Caicos Islands (TCI) was lodged with the Brazilian government on Tuesday, said TCI attorney general Huw Shepheard.

According to Shepheard, the TCI’s chief magistrate and the acting attorney general formally certified the papers last week and they were taken to Brazil on Sunday.

“Some time was needed to assemble the documentation and to have the request translated into Portuguese; however, the request has been made well within the time limit imposed by the extradition treaty, in accordance with the intention of the TCI government and the special investigation prosecution team (SIPT) to secure Michael Misick’s return to the TCI by due process of law,” he said.

Following his arrest in Rio de Janeiro in December last year, Misick has been held in custody by authorities in Brazil pending the outcome of the extradition request by Britain to return him to the TCI for questioning in connection with allegations of malfeasance while in office.

Tags alleged corruption, governor todd, Grand Turk, Helen Garlick, Joe Grant, Mandarin Oriental Hotels, Michael Misick, PNP, PNP leader, politics in turks and caicos islands, Providenciales, providenciales turks and caicos islands, SIPT, SIPT in turks and Caicos Islands, TCI Journal, Turks and Caicos islands, TURKSJOURNAL

News

Finally First Time A Law for Political Donations

Post author By Cem Kınay
Post date 14 August 2012

Turks and Caicos adopts first political activities law in region

Published on August 14, 2012

PROVIDENCIALES, Turks and Caicos Islands — Governor Ric Todd has signalled another key milestone on the route to the resumption of elections in the Turks and Caicos Islands (TCI) on 9 November by signing into law the Political Activities Ordinance, which comes into effect on August 28, 2012.

Governor Ric Todd

The ordinance is the result of much work, and is a first in the Caribbean region. It comes at the culmination of full and careful consultation, including with the two political parties. The ordinance sets out clearly how parties finance themselves and account for the money they raise; who can donate and the amounts; and controls how the parties spend the money raised in their election campaigning.

Todd commented: “This ordinance marks a big step in making TCI politics open and transparent, and it will be key in avoiding the abuses that occurred in the past. I am sure it will be widely welcomed. TCI is leading the way in the region.”

Tags alleged corruption, caribbean region, Cem Kinay, Change for Turks and Caicos Islands, Dellis Cay, Democracy for turks and Caicos islands, election campaigning, governor todd, Grand Turk, Joe Grant, Mandarin Oriental Hotels, politics in turks and caicos islands, Providenciales, providenciales turks and caicos, providenciales turks and caicos islands, turks and caicos, Turks and Caicos islands

News

OLYMPICS INVITATION TURNS POLITICAL

Post author By Cem Kınay
Post date 30 July 2012


Published on July 30, 201 in TCI WEEKLY NEWS
Progressive National Party (PNP) leader Dr Rufus Ewing (L) and Peoples Democratic Movement (PDM) leader Oswald Skippings A change in the positions of the two TCI political parties vis a vis Britain is being seen as the fallout from an invitation issued to the two party leaders to attend the summer Olympics in London. The invitation was also scheduled to include meetings with British Department of State and Foreign and Commonwealth Office (FCO) officials. The leaders of the Progressive National Party (PNP), who have been advocating their position of taking the TCI independent of Britain, have now welcomed the offer of an all expenses paid trip to attend the world event. However, PNP leader Dr Rufus Ewing is not taking his deputy leader, attorney Carlos Simons QC, with him, deciding instead to be accompanied by Royal Robinson, a former member of the Misick-led PNP government. The Peoples Democratic Movement (PDM), led by Oswald Skippings, decided to decline the invitation to attend the Olympics. In a television interview, Skippings said that he did not receive the itinerary on time to make the decision to attend. He was scheduled to be accompanied by his deputy and former member of the Consultative Forum, Sharlene Cartwright Robinson. However, Governor Ric Todd has denied that the PDM was issued the travel itinerary late and released a summary of the correspondence between the Governor’s Office and the PDM officials. Nevertheless, the PDM maintains this is not true. During the Skippings interview, the party leader said that he did not feel the meetings with British officials would be productive because they would be distracted by the Olympic events. After taking over as PDM leader recently, Skippings was asked if he agreed with Britain’s suspension of the constitution and of the elected government. Skippings responded, “We had no choice and if we had to make that decision again, we would do the same thing.” It was former leader of the PDM, Floyd Seymour, who sent evidence of widespread corruption to Britain’s Foreign Affairs Committee (FAC) in late 2007. This evidence, used by the FAC, forced the FCO to call a Commission of Inquiry, which resulted in the imposition of direct rule by Britain in August 2009. After Seymour stepped aside and returned to private life, new PDM leader Douglas Parnell led several missions to London, where they met with FCO officials, members of the House of Commons and House of Lords, officials of the Westminster Foundation, as well as other persons and entities interested in the TCI and regional issues. Parnell has now followed Seymour into private life, not contending for any party position at the June convention in Grand Turk. Former PDM leader and former Chief Minister Derek Taylor, who lost to Skippings at last month’s convention, reported he was working with members of the interim government. Two days before leaving for London, PNP leader Ewing said he was looking forward to meeting with the British officials. “Even if we agree to disagree this will be productive,” he said. The PDM, under none of their leaders, has ever favoured independence and has expressed disappointment that the special investigation and prosecution team (SIPT) has not moved swiftly enough. The party has, however, favoured earlier elections and a return to democratic rather than direct rule. Supporters of both parties now report disagreements with their respective leader’s positions on the London trip.

News

LACK OF OVERSIGHT THROUGH GOVERNORS IN TURKS AND CAICOS IS AN ISSUE AT UNITED NATIONS

Post author By Cem Kınay
Post date 21 July 2012

Lack of oversight in Turks and Caicos spotlighted at UN
Published on July 21, 2012
By Caribbean News Now contributor NEW YORK, USA — The United Nations Committee of 24 held hearings late last month dealing with issues affecting dependent territories that are controlled by colonial powers including Britain and the USA, the majority of these being island territories that are isolated from their mother countries. Representing the situation in the Turks and Caicos Islands (TCI) was Alpha Gibbs. He and an associate, Ben Roberts, also a native TC Islander who lives, as does Gibbs, in the US, had approached the United Nations on behalf of the TCI before. The Gibbs UN presentation spoke at length about the lack of oversight on the part of previous British governors. This would have included Governor Posten (now deceased) Governor Tauwhare, and possibly Governor Wetherell. These three governors held office during the period when the Progressive National Party (PNP) was in power. Posten, Tauwhare and Wetherell were all appointed by Britain’s Foreign Commonwealth Office (FCO) during the British Labour Party’s term of office under prime ministers Tony Blair and Gordon Brown The last Labour government appointed minister with responsibility for Britain’s overseas territories was Chris Bryant but possibly the best known minister of this era was Meg Munn, who visited the TCI in early 2008 and met with then governor Tauwhare and premier Michael Misick. Coming out of that meeting, Munn famously told the media that there was no evidence of serious corruption. This was almost immediately disputed by a mission from the British Foreign Affairs Committee. Munn was soon dismissed and Tauwhare was refused a one year extension of his appointment. He left in late June 2008, just 90 days later. The Gibbs presentation at the United Nations also chided the British interim administration, which has been running the affairs of the TCI since August 2009 and which has failed adequately to resolve the economic issues remaining in the wake of the period Gibbs says oversight was missing. Since the August 2009 imposition of direct rule by Britain, a balanced budget has not been achieved and the private sector economy of the TCI has contracted significantly. However, tourism has increased and, through many newly imposed taxes and raised fees, the government has increased its income. The interim administration, while due to hand over the reins of government to an elected government in November of this year, has announced that they will continue to control the finances of the TCI via a British-appointed financial officer. The most recent proclamation on this issue is that finances will not be handed over to local government until a $260 million loan guarantee by Britain has been discharged. This loan, as well as the new and increased taxes and fees, have assisted in the pay-down of hundreds of millions in debts left by the previous elected government and the continuing deficit budgets of the interim government. The loan was guaranteed by Britain and put in place to avoid a TCI bankruptcy.

Documents News

EXTRAJUDICIAL EXECUTION IN TURKS AND CAICOS ISLANDS THROUGH UK

Post author By Cem Kınay
Post date 17 July 2012

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

BREAKING NEWS

Red Notice Issued for Dr.Cem Kinay

Post author By Cem Kınay
Post date 12 July 2012

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 g

uilty, 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”.

BREAKING NEWS

Dr.Cem Kinay Statement regarding Red Notice Issue

Post author By Cem Kınay
Post date 10 July 2012

PRESS RELEASE DR CEM KINAY

Istanbul, July 10, 2012 Tuesday

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”.