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Statement of   Dr Cem Kinay with respect to the New York Court Judgment.

 Istanbul,Turkey 29 March 2012

Lawsuit against Dr Cem Kinay was rejected by Southern District Court of New York yesterday. Some of the Dellis Cay Villa buyers had brought an action in New York against Dr. Cem Kinay, his family and Mandarin Oriental Hotels for claimsrelatingtothefailedDellis  Cay project accusing  Dr. Kinay  siphoning fundsfromtheProjectforpersonal use, and failure to completetheProject. The District Judge in New York ordered  The Court is persuaded that   TCI   is   an  “available   and   adequate forum” and that “the  balance of private and public  interest  factors  tilts heavily  in favor of the alternative forum.” Accordingly,Kinay’s motionto dismisswas  granted and the case was closed.  Dr Kinay stated ‘I welcome New York Court’s decision, and hope a fair and just decision from the courts in TCI’


Dr. Kinay was creating a luxury island community involving unique designs from some of the world’s leading architects: Kengo Kuma, Zaha Hadid, Piero Lissoni, Shigeru Ban, David Chipperfield, Carl Ettensperger.   When completed, the development was to  be comprised of luxury villas  and residential units located around, and serviced by the world famous  Mandarin Oriental Hotel.  Construction of the first phase of the Project has commenced in June 2008 and unexpectedly halted on October  2009.  Despite the World Economic crisis in 2008, the construction of this billion dollar project was continuing until the political turmoil hit the Turks and Caicos Islands after the publishing of the unredacted Commission of Inquiry report in 2009.  On 12th August 2009  on the instruction of UK Ministers, Hon.  Governor Whetherell 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. Shortly after these events , Dellis Cay’s funder, Trinidad and Tobago Unit Trust Corporation has pulled its support to the Project and appointed a Receiver, all construction activities had stopped.


Dr Kınay stated ‘We are still trying to open a line of communication with Trinidad and Tobago Unit Trust Corporation to end the dispute, we are  discussing  with potential investors opportunities to bring Dellis Cay back on track.’.  Dr Kinay adds despite the adverse conditions, he is investing all his time to see the project to come back to life, the only way he believes the interest of all creditors will be served. Dr Kinay and his projects were victims of politics in Turks and Caicos Islands. Dr Kinay confirms this by saying ‘UK Governor Hon. Whetherell has published an unredacted Commission of İnquiry Report which damaged our reputation, and caused our main finance partner, Trinidad and Tobago Unit Trust to pull their support from Dellis Cay’. The Supreme Court of Turks and Caicos Islands had found on June 18th, 2009 that the adverse findings made against Dr Kinay were unlawful and that it was unlawful for the Governor to publish those findings. Dr Kinay remembers ‘Only weeks before the publishing of the unredacted Report, the bank was giving us support letters, stating that they have full trust in our management, and our ability to complete the Project, but just after the unredacted Report was published everything has changed.’

Dr Kinay stated that the accusations against him and his companies in the Report are groundless. He added ’ I have never bribed anyone in TCI, or elsewhere. I have offered full cooperation to the Commission of Inquiry, and later to the SIPT. I have provided them  with hard evidence of our innocence.  All our companies were audited by one of the  world’s top audit firm.’


Dr. Kinay’s TCI based court cases continue. He  has appealed the decisions of the TCI Supreme Court  against his dispute with the Trinidad and Tobago Unit Trust Corporation, and against the Government of TCI concerning Joe Grant Cay. He is eager to pursue these cases through national, and international courts until all venues are consumed.   ‘I have come to TCI at the beginning of 2005. We have provided jobs and business opportunities to hundreds of islanders. I have always appreciated the trust and the love of the local community. I am still very sorry for the loss of jobs and businesses when our project has been halted on October 2009. I hope that the people continue to believe that I will get this project back on track.’  Dr Kinay continued to state that he does hope that the political turmoil that started in 2009  will end with an election and  democracy will be back again  in TCI. ‘ These political events cost me my company, our purchasers their investments and the people of Turks and Caicos Islands their jobs. I appeal to the new Hon. Governor Todd  to support us for us to get Dellis cay back on track,  we hope his announcement confirming the return to  democracy and to a freely elected government  in Turks and Caicos Islands.’


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.   In 1987, Magister Oguz Serim   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 Hotels.  Magic Life owned and managed luxury properties in Turkey, Greece, Tunisia, Spain, Austria ,Egypt and Bulgaria. 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 and Hotel 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”.


What is happening in Turks and Caicos Islands with British Direct Rule?

PROVIDENCIALES, Turks and Caicos Islands — Shaun Malcolm, former chairman of the Peoples Democratic Movement (PDM), and Oswald Skippings, former chief minister of the Turks and Caicos Islands and former deputy leader of the PDM, both strong advocates for the suspension of the constitution and the removal of the democratically elected Progressive National Party (PNP) government along with their own party’s parliamentary representatives, have now apparently reversed their positions. 

The pair has recently openly attacked the interim government, with Skippings publishing two controversial opinion pieces, where in one he gave a pass to now disgraced former PNP premier Michael Misick, claiming that Misick was not the master or the mind that masterminded the corruption in the Turks and Caicos Islands. In the other commentary, Skippings protested that there seemed to be little benefit in removing a corrupt regime. 

Shaun Malcolm, on the other hand, has recently had several letters published in the TCI Journal weblog. These letters were apparently published with the intent of exposing the alleged corruption of the interim administration. 

Malcolm is believed to have been the only person that appeared on behalf of the TCI Journal at press conferences hosted by former Governor Gordon Wetherell. Local sources have reported that Malcolm and TCI Journal co-founder Gurcharan Singh are currently facing legal difficulties in the United States, UK and Canada. Singh is said to have fled the South Florida area to hide from creditors and civil law suits that allege serious financial wrongdoing. 

These former supporters of British direct rule seemed hopeful that their commercial activities would be supported by a British-led Government in the Turks and Caicos Islands. 

An aviation company formed by Malcolm and another PDM national governing council member who openly campaigned for Skippings to become leader at previous PDM conventions, was touted as having secured some 99 acres of very valuable land in the Providenciales International Airport on a long term lease. This transaction alone would have made them all instant multimillionaires. Land around the airport sells for $500,000 per acre. The transaction was supposedly backed by an expatriate developer of the exclusive Aman Resort in Providenciales, where the hotel villas rent for some $15,000 per week. 

Former premier Michael Misick had alleged that former Governor Gordon Wetherell was bestowed with lavish gifts from the resort in exchange for favourable immigration appeal decisions but this was denied by the former governor. 

However, sources within the interim government allege that the proposed airport transaction reeked of favouritism and special treatment and the interim government would not be in the business of making instant multimillionaires with Crown land as the main variable in the transaction. Malcolm’s local company apparently invested nothing in the transaction but was using local contacts and purported support of the British government as leverage. 

In any event, the airport deal has now apparently collapsed, with the Turks and Caicos Islands Airports Authority (TCIAA) entering into a commercial transaction with international ground handler ServiceAir. 

A complaint over the ground handling matter has been lodged with the Foreign and Commonwealth Office (FCO) by another local supporter of the suspension of parliament, Albray Butterfield Jnr, who owns TCA ground handling. He was also the choice to be deputy leader of the PNP but later had to resign after a majority of PNP national governing council members voted against the appointment. Butterfield has complained that the government should not be in the business of competing with local business. 

Now that the multimillion dollar deals have soured, these former politicians and strong supporters of the suspension of the constitution appear to have turned against the British government. 

Butterfield has now sent another open letter accusing the governor of various nefarious deeds.

published on 10th of March 2012 in Caribean News Now


The Art of Dellis Cay,Turks and Caicos Islands

[wpvideo sijmwIwX]Dellis Cay is a private island ,in Turks and Caicos,developed by Cem Kinay,a Turkish born and in Austria grown tourism mogul.

Cem Kinay started the development for Mandarin Oriental Hotels ,Residences and private Villas,designed by world-famous architects like Zaha Hadid and David Chipperfield from UK,Piero Lissoni from Italy,Shigeru Ban and Kengo Kuma from Japan and Carl Ettensperger from Singapour.

The groundbreaking for the project was 2008 and Cem Kinay and his companies had to stop the construction end of 2009 because of political blow through UK in Turks and Caicos.Since August 2009 an interim government appointed through UK Governor is in the power.The for 2011 promised election is still not happened and Cem Kinay is in dispute with Trinidad Tobago bank and Uk appointed government.He is a political victim.

The Art of Dellis Cay Images by Christian Postl,a very successful artist from Austria.

The featured Image is in Memory and Respect of 500 workers on the site.

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When do we put the brakes on collateral damage?

Swiss researcher Ernst Fehr once ran an experiment called “the trust game with revenge”, designed to reveal the motivation for vengeance. What he found was that: a) the decision to punish someone who we think cheated gives us a feeling of pleasure, and b) “…the desire for revenge, even when it costs us something and is fully irrational…” is built into us. (Harvard Business Review, July – August 2009, Page 83)

It is primarily because of this phenomenon, why we are seeing – and will continue to see – collateral damage resulting from the Commission of Inquiry.

For example, Sir. Robin Auld’s final report portrays Dr. Cem Kinay as a willing participant in government corruption, because: a) he gave a large sum of money to an elected official, and b) he is trying to keep the details of it out of the public domain. However, while (a) and (b) are true, they do not automatically equal (c)orruption. Here is why, and a scenario of what likely happened that got him to this point:

To keep cost low, Dr. Kinay’s company most likely applied for and received duty concessions from the Government, thereby saving him a few million dollars on the build-out cost for Dellis Cay. During the election campaign a Government minister most likely asked him for a sizeable campaign donation – probably US$1 million. Finding himself in an awkward situation where he could not easily say “no”, Dr. Kinay probably rationalized it as a one off donation to a government who is pro business, and most importantly, one who his pro Dellis Cay. He then probably agreed to donate an amount less than the initial request – although it would have still been a significant sum – and because there are no rules/laws regarding how campaign donations are made, he sent it based on the instructions of the minister.

Although there is nothing in the scenario above that under normal circumstances would be considered corrupt; because the government involved was Mike Misick’s administration, Dr. Kinay’s campaign donation is being suspected as such.

For the record, even if it turns out that the campaign donation was used for corrupt purposes, I doubt that Dr. Kinay was an architect of that corruption.

It is unfortunate, but in today’s world, you are what/who Google says you are, and if there are any references to you on the internet, Google will find it, index it, and archive it. As such, negative materials on the internet can and will affect (what I call) your “Google’s Character Reference” or GCR.

For the average person, their GCR has little or no impact on their lives. However, for someone whose reputation is his/her global currency; someone whose every business deal results in a background check being done; and someone who has global business interests; their GCR is becoming more important than their credit score.

The destructive powers of negative information on the internet is so great to a person’s reputation, that PR firms recommend that if you are a victim of it, to deal with it swiftly and aggressively – even if it means hiring legal representation to have the information removed. As such, it is likely that for this reason alone why Dr. Kinay is keen to keep any negative references to him in Sir Robin’s report out of the public domain.

However, in our desire to punish those who cheated, we want to have the full report in the public domain – regardless of the collateral damage that it can cause.

While there are those who may see some collateral damage as acceptable, the fact is that in order to rebuild the Turks & Caicos, we not only need the defensive strategy of Sir Robin, we also need an offensive (i.e. inward investment) strategy. As the management guru/thinker Peter Drucker once stated, “We have to accept what we all know to be elemental – that taking a defensive position can, at best, only limit losses. And we need gains.” With the economy in free fall, the Turks & Caicos desperately need gains like Dellis Cay. We cannot afford to watch the country go into an economic tailspin for 2 years while we remake government. This approach will only lead to more problems. With all due respect to Colin Roberts, he got it wrong when he suggested that Britain cannot simultaneously promote inward investment while fixing local government.

The task may be difficult, but Governor Wetherell needs to find a way to do both. For “The signature of the truly great vs. the merely successful is not the absence of difficulty. It’s the ability to come back from setbacks, even cataclysmic catastrophes, stronger than before.” (How The Mighty Fall, Jim Collins)

Writen By: E. Jay Saunders in 2009,Turks and Caicos Islands,CEO of Digicell

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No Democracy with Debt in Grand Turk

Regarding Caribbean News Now Minister for International Development Alan Duncan said Britain had been “firm but fair” by telling the Turks and Caicos Islands (TCI) it could have elections once it sorted out its budget deficit.

Minister for International Development Alan Duncan

In December 2010, Britain’s Foreign and Commonwealth Office (FCO) minister with responsibility for the Overseas Territories, Henry Bellingham, announced a formal list of “milestones” to be passed before the TCI can return to internal self-government, following the imposition of direct rule by Britain in 2009.

The eight requirements include:

— Constitutional reform
— New legislation covering elections, integrity in office 
— Public financial management reform
— Balanced public budgets
— Reform of laws for granting belongership
— Progress with criminal prosecutions and civil recovery, plus support for continuing investigations beyond the next election
— Crown Land policy reform
— Civil service reform

“We’ve been firm but fair – the understanding we have is that if the islands can meet eight milestones, which include governance and reforming the public sector, but of course, crucially, getting the budget deficit into surplus, then they’ll be able to have elections again…” Duncan said.

“They’ve had to reform the public sector yes, they’ve had to sack some people… The governor – and I have to say the people of the Turks and Caicos — have been very good at facing great austerity, but if we get it back on course, then their politics will be back on course as well,” he added.

Duncan described how he had discovered the problem.

“George Osborne went into his office and there was a bit of paper saying ‘there isn’t any money’. Well, on my first day as Minister for International Development, I went into mine and there was a bit of paper saying ‘Minister, the Turks and Caicos Islands have got a budget deficit of £30m and it’s growing’,” he said.

The Department for International Development (DfID) is the department which, under the International Development Act, has the duty of care for the finances of Britain’s overseas territories and Duncan said he had “to leap into action and say you know, we’ve got to cut this deficit.” 

He acknowledged that the British government wants to have elections in the TCI in 2012 but he said, “We’ve got to get the money right first – otherwise we, DfID, the government here, are going to have a massive bill.”

“So we are really doing … is trying to turn around a massive mountain of debt and getting the money back on track,” he said.

posted in Caribbean News now 13.02.2012

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