Tag: Providenciales
[slideshow]
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”.
Written by A.Mark Fulford,Turks and Caicos Islands,on 17th December 2009
Could it really be the UK intentions to withhold the right of freedom of expression to vote for up to five years? This is a discussion worth having.
Deciphering the recent answer by Chris Bryant in the UK Parliament to the question of the recent suspension of human rights legislation in the Turks and Caicos Islands, it seems that the UK has no intentions of returning power to the people in 2011.
Bryant states that the UK has gotten approval to withdraw the right of freedom of expression to vote for up to five years from the Governor, the TCI Advisory Council and the TCI Human Rights Commission.
Notice, Bryant did not state that approval was given by the people of the TCI, it cannot be inferred that approval was given by the TCI people simply because the interim government gave approval. The interim government was not elected by the people so they cannot and do not speak on behalf of the people of TCI according to the UN Charter.
Braynt further states that “this withdrawal is for a limited period until reforms have been implemented and elections held by July 2011.”
If the withdrawal is truly only for a limited period until July 2011, then why was it necessary to get FIVE YEARS approval.
READ IT AND YOU BE THE JUDGE.
Turks and Caicos Islands: Human Rights
MR. HOYLE: To ask the Secretary of State for Foreign and Commonwealth Affairs what assessment he has made of the effects of the recent suspension of human rights legislation in the Turks and Caicos Islands; and if he will make a statement. [307236]
CHRIS BRYANT: While parts of the constitution have been suspended, the fundamental rights and freedoms of the individual are still protected under part 1 of the Turks and Caicos Constitution Order 2006, which remains in force. The Turks and Caicos Islands (TCI) Constitution (Interim Amendment) Order 2009 has removed the constitutional right to trial by jury in certain criminal cases.
The Order in Council suspending ministerial Government and the House of Assembly for a period of up to two years was brought into force on 14 August 2009. The order left the human rights provisions of the constitution in place except for the constitutional right to trial by jury in TCI, which was suspended. This provides the possibility in future of having trials by judge alone in the TCI Supreme Court in appropriate cases. This is wholly consistent with the European convention on human rights, which does not require trial by jury. A number of countries have criminal trials without a jury and even in the UK there is no right to trial by jury in every case.
On suspension of the House of Assembly, the UK withdrew its acceptance of protocol 1, article 3 of the European convention on human rights in respect of the Turks and Caicos Islands, which requires contracting parties to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature. However, this withdrawal is for a limited period until reforms have been implemented and elections held by July 2011.
With the approval of the Governor, the TCI Advisory Council and the TCI Human Rights Commission, the right of individual petition, which had previously been accepted in respect of TCI for FIVE YEARS was accepted on a permanent basis in October.
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Blue Hills,REAL Turks and Caicos
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UK DEBT FOR TURKS AND CAICOS
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