Tag: Michael Misick

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Open Letter to the Hon.William Hague

Open Letter from Albray V. Butterfield Jr. To The Rt. Hon. William Hague, Secretary of State for Foreign and commonwealth Affairs

Albray V. Butterfield, Jr.
Providenciales
Turks and Caicos Islands
British West Indies
OPEN LETTER
4th February 2013
The Rt. Hon. William J. Hague, MP
Secretary of State for Foreign and Commonwealth Affairs
Westminster, House of Commons
London, United Kingdom, SW1A 0AA
Dear Hon. Hague,
REF:- THE TURKS AND CAICOS ISLANDS AND ITS DEMOCRACY
On 9th November 2012, we the electorate of the Turks and Caicos Islands (“TCI”) went to the polls nationally to democratically elect a Government and House of Assembly of our choice to govern our country’s affairs. At the time, it was our honest belief that the TCI would finally be returning to normal governance by our own local elected leaders. Our optimism for a brighter future became more assured ensuing the success of a series of meetings Hon. Premier Dr Rufus W. Ewing, and Hon. Charles W. Misick attended in London with United Kingdom (“UK”) Ministers, members of the Foreign and Commonwealth Office (“FCO”), fellow Premiers and Chief Ministers from the other British Overseas Territories within the Caribbean and North Atlantic Regions, and you Hon. Secretary of State. However, for some unforeseen and unexplained reason, the honeymoon did not last very long between the Governor’s office in the TCI (“Waterloo”) and the newly elected TCI Government, as it relates to the renewed open partnership between the TCI and the UK.
It appears that Waterloo is back to doing business as usual by continuing to operate as the interim government, attempting to usurp the authority and political will of the democratically elected TCI Government and House of Assembly, making it almost impossible for any elected Government (Progressive National Party or People’s Democratic Movement) to govern and execute its political mandate on which they campaigned.
I am almost certain that this was not the intentions of the TCI electorate on 9th November, when we stood in long lines for hours, some of us for up to eight hours in the hot sun waiting patiently to exercise our constitutional right to vote and elect a democratic TCI Government and House of Assembly in order to relieve Waterloo of its duties as the interim government of the TCI.
Upon possessing office, it is reasonable and expected that a new incoming administration within its first three to six months would have some transitional and settling-in issues with the established Westminster protocols, their respective Permanent Secretaries, the Civil Service on a whole, and Waterloo. However, what’s not expected, is Waterloo taking such a heavy handed, autocratic and unreasonable approach with the new TCI administration’s political mandate; case in point:- Value Added Tax (“VAT”) which was signed into law on 18th July 2012, and scheduled to come into force on 1st April 2013. During the recent national election campaign, all of the local political party’s candidates ran and won nationally and within their respective constituencies, on an anti-VAT platform. Hence, they were politically mandated on 9th November 2013, amongst other things, to repeal the VAT legislation in the TCI House of Assembly at their earliest convenience. On 19th November 2012, when the UK Parliamentary Under Secretary of State for Foreign and Commonwealth Affairs Hon. Mark Simmonds was asked in a question tabled in the UK House of Commons by Labour MP Hon. Brian Donohue, if he (Hon. Simmonds) would reconsider the implementation of VAT in the Turks and Caicos Islands, Hon. Simmonds went on record and publicly replied that: “The introduction of Value Added Tax is a decision for the Turks and Caicos Islands government.” Hon. Simmonds statement to the House of Commons gave our local elected members of the TCI House of Assembly much enthusiastic hope. However, in January 2013, Hon. Simmons responded in writing to the Hon. Premier Dr Ewing stating among other things: “I should be clear that I believe that, at this stage, the best option for the Turks and Caicos Islands is to press ahead with the implementation of VAT.”
VAT is just one example of the many heavy handed, autocratic and unreasonable decisions being made by Waterloo in an attempt to usurp the authority of the elected TCI Government and House of Assembly.
One does not have to be a learned person in political science, or profess to possess the gift of clairvoyance in order to foresee that this alleged co-governance of the TCI internal affairs is a recipe for disaster. Should such acts be allowed to continue, it will have a major tsunami like negative effect on the current socioeconomic affairs of the TCI, and will further delay for many years in the future, the recovery of the TCI economy. If the TCI are to move forward and regain its rightful place within the region, the FCO must allow the democratically elected TCI Government to govern without unnecessary interference in accordance to the autonomy granted through constitutional devolution.
Hon. Secretary of State, the TCI Citizenry was further insulted and disrespected by your appointed Attorney General via his inflammatory press release in January 2013, threatening prosecution, ten years imprisonment and fines of up to US$50,000.00 for anyone that publicly expresses their discontent and causes the TCI Judiciary to be looked upon with disrepute. Your appointed learned Attorney General should have been aware that the United Kingdom’s House of Lords on 10th December 2012, abolished the draconian law of “Scandalising the Judiciary” as a form of contempt of court under the common law of England and Wales. Lord Pannick stated among other things:- “It is no longer necessary to maintain as part of our law of contempt of court a criminal offence of insulting judges by statements or publications out of court. The judiciary has no need for such protection.”
The Turks and Caicos Islands Constitution Order 2011 (“TCI Constitution”), Schedule 2, Part 1, Section 13, guarantees every person that reside in the TCI the right to Protection of Freedom of Expression; it expressly states the following:-
Protection of freedom of expression:-
“13.—(1) Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of expression, and for the purposes of this section the said freedom includes freedom to hold opinions without interference, freedom to receive and impart (to the public generally or to any person or class of persons) ideas and information without interference, and freedom from interference with his or her correspondence or other means of communication.
(2) Nothing in any law or done under its authority shall be held to contravene this section to the extent that it is reasonably justifiable in a democratic society—
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights, reputations and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments;…
Has democracy and the constitutional fundamental rights and freedoms of the Citizenry of the TCI sunk so low that the TCI has now reverted to the era of Apartheid South Africa in the 1970′s and early 1980′s under the oppressive regime of Prime Minister then later President Pieter Willem Botha? Should that be the case, then let me be the first to enlighten your appointed learned Attorney General; the TCI is not South Africa, we are not South Africans, and this is 2013. The days of using draconian laws to silence, threaten, and intimidate the majority into submission to the minority, those days are long gone. We the People of the TCI refuse to remain silent any longer, and refuse to be dictated to by the minority. Today we are empowered, highly learned in the law and have the financial means to fight to the bitter end to defend our democracy and protect our constitutional fundamental rights and freedoms.
According to you Hon. Secretary of State in a written ministerial statement on 12th June 2012, in your update to the House of Commons on progress on the restoration of good governance, and plans to hold elections in the Turks and Caicos Islands, you stated in your conclusion among other things the following: “The UK believes that democracy, whether in an independent country or in an Overseas Territory, provides a solid foundation on which to build an accountable and responsive state. This belief underpins our work to advance democracy worldwide. We will support TCI to develop its democracy in line with our responsibility for security and good governance and our positive vision for our Overseas Territories.”
If what has been happening, and is now being allowed to continue to happen in the TCI since 9th November 2012 (i.e. the Political Will of the democratically elected TCI Government and House of Assembly is being ignored and usurped, and the Constitutional Fundamental Rights and Freedoms of the TCI Citizenry are now being attempted to be suppressed through fear and intimidation by your appointed Governor, Attorney General and by extension you as head of the FCO), then UK’s definition of “DEMOCRACY”, is no different than that of the Republic of Cuba, the Syrian Arab Republic, the Islamic Republic of Iran, the People’s Republic of China, and the Democratic People’s Republic of Korea, hence making the United Kingdom one of the biggest and most blatant hypocrites’ of this new millennium.
As a result of the heavy handed and autocratic approach being meted out by Waterloo, one good thing has derived from such actions; it has united us as a people and further strengthen our resolve to never give up fighting for our democracy and constitutional rights. On Friday 1st February 2013, an historical event took place for the first time in TCI political existence, all of the democratically elected members of the TCI House of Assembly debated with sincerity and ensuring unanimously voted to repeal the Value Added Tax legislation. The result was a super majority victory with all of the elected members on both sides of the aisle voting “YES” to repeal. This demonstration of national unity was a loud statement to the UK and the world that we the People of the TCI have spoken, we are finally maturing politically, and we are determined to reclaim and preserve our democracy.
Schedule 2, Part 4, Section 74 of the TCI Constitution, bestows upon Waterloo the powers to assent, and/or recommend amendments, or veto any bill that was ratified by the TCI House of Assembly. However, should you Hon. Secretary of State choose not to have Waterloo assent to the express will of the People of the TCI, and have the bill vetoed, then the world will finally know that Democracy in the Turks and Caicos Islands has died, and the Turks and Caicos Islands are being ruled under an Autocracy regime, and the elections of 9th November 2012, was nothing more than political theatrics to quell the local and international political pressure that had reached it limits.
Hon. Secretary of State, the vast majority of the TCI Citizenry, its full and part-time residence has lost all respect and confidence in your current appointed Governor of the Territory, and the current Attorney General as chief legal advisor to Waterloo, and the local elected TCI Government. Therefore, we Turks and Caicos Islanders are humbly and respectfully requesting that you urgently address the situation in the TCI before it escalates any further. The people of the TCI have reached the point where we will not tolerate much longer any further disrespect from your appointed personnel. Please honour your promises and statements made to the TCI during Hon. Premier Dr Ewing most recent visit to London in mid-November 2012, and prove to the world that the United Kingdom is a pillar of democracy.
I am publishing this letter openly in order to bring this matter to the attention of the international community.
Respectfully yours,
Albray V. Butterfield, Jr.
A concerned proactive Turks and Caicos Islands corporate citizen
CC:-
Hon. Mark J. M. Simmonds, Parliamentary Under Secretary of State for Foreign and Commonwealth Affairs
His Excellency Governor Damian R. Todd, UK Governor of The TCI
Hon. Robert Hall, Speaker of The TCI House of Assembly
Hon. Premier Dr Rufus W. Ewing, Premier of The TCI
Hon. Sharlene Cartwright-Robinson, Leader of The TCI Opposition
Hon. Members of the TCI House of Assembly

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HOUSE OF ASSEMBLY VOTES TO REPEAL VAT IN TURKS AND CAICOS

House of Assembly votes to repeal VAT, final decision rest with Governor Todd the Dictator
Published in TCI POST on 01st February
The House of Assembly has voted overwhelmingly to repeal the VAT law…………
The Governor put himself in a very awkward position regarding the VAT Bill. It was unprofessional, undiplomatic and dictatorial for him to publicly announced before the elections that an elected government cannot repeal VAT.
Now the governor has his his ego to protect and no doubt would use his considerable offensive colonial powers under the TCI British imposed constitution to veto the bill repealing VAT.
Nevertheless the government and the opposition did the right thing in voting for the repeal of VAT. The only voice in the House of Assembly that argued against repealing the bill was the governor’s appointed member Lillian Misick.
Should the Governor veto this bill whether with the advice of the Secretary of state or or his own accord, it is likely to trigger a series of events which could see civil disobedience on one hand or a spirited diplomatic effort to ensure that the bill is repealed.
The Minister of Finance stated that if the bill is not repealed that he would refused to enforce the law as it relates to VAT. I have no confidence in this approach although I wholeheartedly admire the tenacity of the Minister of Finance.
The trio of the Governor, the AG and the CFO will just do what they do best. They will intimidate and threaten civil servants to enforce VAT. The Governor made it clear in a recent press release that the TCI is jointly governed by him and the PNP. This is a clear admission by the governor that there are two governments performing at the same time in the TCI.
So folks the fight is far from over, in fact it has just began. John Glasgow

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Press Statement from Advocates Legal Group in Turks and Caicos Islands

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.

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Press Statement from Michael Misick in Prison Brazil

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

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Judge Rejects SIPT

JUDGE REJECTS SIPT BID TO WITHHOLD PIPER’S PASSPORT AND PREVENT HIM FROM TRAVELING TO BRAZIL

McAllister “Piper” Hanchell
By Hayden Boyce
Publisher & Editor-in-Chief

A high court judge in Turks and Caicos Islands on Wednesday rejected an application by special prosecutors and investigators to prevent a former Cabinet minister from traveling to Brazil to visit former Premier Michael Misick in jail for his birthday.

Madame Justice Margaret Ramsay-Hale said she saw no reason for the Special Investigation and Prosecution Team (SIPT) to withhold the passport of McAllister “Piper” Hanchell, who will be traveling with a group from the Turks and Caicos Islands this weekend to visit Misick who turns 47 on February 2nd, and who is jail awaiting extradition to the TCI.

Hanchell’s lawyer Lara Maroof of F Chambers told the court that in keeping with bail conditions set by Chief Magistrate Clifton Warner, her client submitted his itinerary to SIPT on two previous occasions and was allowed to travel freely.

However, she said, when Hanchell sent an itinerary to travel to Brazil from January 31 to February 4th, his request was denied by SIPT who indicated in an affidavit filed in the Supreme Court that they felt that Hanchell was a flight risk and that he may even seek political asylum in Brazil and not return to the Turks and Caicos Islands.

SIPT also said they were concerned that if Hanchell was allowed to go to Brazil he would “collude” with Misick in discussing matters that are presently before the court.

Maroff, who revealed that Hanchell’s appointment to spend six hours with Misick in jail was already approved by the British Consulate in Brazil and prison authorities there, said it was “ridiculous” for SIPT to suggest that Hanchell would want to seek political asylum in Brazil, especially given what Misick is currently experiencing in that country after he was arrested there on December 7th.

Furthermore, she said, if Hanchell wanted to discuss any aspects of pending cases with Misick he could have done so on many occasions via telephone, Skype, email or other means before the former Premier was arrested.

Madame Justice Ramsay-Hale said she did not find any merit in the SIPT’s suggestion that Hanchell was a greater flight risk now than before, simply because he was going to visit Michael Misick.

She noted that he had travelled on two previous occasions and had returned and there was nothing to suggest that he would not return on this occasion. In addition, she said that the bail conditions that were originally set by Hanchell did not contain any non-contact clauses which would have prevented him from interacting with Misick.

“I just can’t see any reason to say no to allowing him to have his passport,” the judge said.

Judge Ramsay-Hale said that bail was set by the court and not by SIPT and that in the final analysis it was up to the court to decide whether bail should be varied and on what terms and conditions.
She said that SIPT does not have exclusive rights to come before the court to make representation for or against bail conditions, adding that this right also extends to defendants, but the court will have the final say.

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Extradition of Michael Misick

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.

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SIPT AND SANDALS REACHED SETTLEMENT ABOUT $ 12 MILLION

SIPT And Sandals reached $12 Million agreement
Published in TCI Post on 23t of January

SIPT RECOVERS A FURTHER $12M
The Special Investigation Prosecution Team (SIPT) and the Turks and Caicos Islands Government (TCIG) have reached an agreement with Sandals and its directors and officers in respect of the SIPT investigations.
This agreement is without any admission of liability by the company, its directors and/or officers. It does not however prevent the prosecution of any other persons in respect of any facts and matters.
The agreement, which involves a payment of USD$12 million to TCIG, is due in part to the co-operation of the company with the United States authorities to a degree that has been acknowledged to be both extraordinary and unique and included the early and voluntary release of valuable evidence that has been shared with the SIPT. That information has materially assisted SIPT’s investigations.

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

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.
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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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