Interview about Joe Grant in Turks and Caicos Islands

  • Dr Kinay, for this interview is the subject Joe Grant Cay in Turks and Caicos Islands. This Cay is one of the less known cays, and its story came up to the attention of the TCIlanders because of bribe allegations in Turks and Caicos. Dr Kinay, What is Joe Grant Cay?

 

Joe Grant’s Cay is a beautiful but remote, uninhabited 712 acres cay located in a remote section of the archipelago between Middle Caicos and Easy Caicos. It is accessible only by sea. The last time I took a boat to visit it, it took me 2 hours from Providenciales to get there. This Cay has no dock, no road, no electricity, no water neither any form of other infrastructure. It is inhabited like East Caicos. The cay is composed mainly of consolidated rock with the ocean frontages consisting of either sand or “iron shore”.   The elevation is low and the shallow water depths at some parts of the island for do not allow visitors to access other areas. These difficulties do not discourage us, as at the end, when properly developed, this Cay is a beauty.

 

We have bought 200 Acres of this island on June 20, 2008 from the Crown through a transfer of title executed by the former Governor., Hon Richard Tauwaree and on November 7, 2008, the former Governor, Hon. Whetherwell has executed a Development Agreement with us for the development of the whole island.

 

  • What is the role of you in this project?

 

When I first came to Turks and Caicos Islands in 2005, I had already my development company O Property Collection in Austria. This company is where I, and my partner Oguz Serim offer our development advice to projects. O Property Collection has, from the first days of this project, ,is acting as “developer” bringing its expertise, in construction, sales, marketing. The center of any development is people. Community is very important. My company’s vision is to create design driven projects. God has already placed a beautiful design for Dellis and Joe Grant, it is now up to us, with respect, to treat these beauties with the best architecture and standards there is.

 

  • What do you want to develop on this island?

 

We want to develop the island with an environmentally friendly Hotel and then Villas in the natural surroundings. We have retained top environmental engineers from Florida, and we already started the process of Environment Impact Assessment. We designed our project with a high class architect from italy, and have signed a brand and management Indent with a very famous brand. The most important consideration though is that this will be a low density and green development.

 

  • When you first heard of Joe Grant Cay? How did you get involved?

 

I first got interested in Joe Grant Cay In December 2006 when I was informed that negotiations with some developers for a proposed project on Joe Grant’s Cay had run into difficulties and I was asked whether I could be interested to take this development further. The Government already had a price for sale on the Cay, US$5 million according to a formal offer that the former Government had placed before the previous developers in November 2006. My initial views for the Cay was that it was a remote location, no infrastructure and it involved Crown Land, and that meant the need of a Belonger Partner. I was not familiar with this process as my first investment Dellis Cay, is a private transaction and does not involve any Crown Land.

 

  • Did you know any of the previous developers?

I understand form the discussions in the past months that there were a number of developers who wanted to take this Cay prior to my involvement in early 2007. I do not know and have never done any business with the gentleman named at the discussions at the Commission of Inquire,. whether in relation to Joe Grant’s Cay or otherwise.

 

  • Who is you local/belonger partner?

 

I was already heavily engaged in our Dellis Cay project, and having regard to the Crown land policy (of which I was then aware), I thought it sensible to have a belonger partner in the development. In that respect, a company called Oceanic Development Ltd owned by Don Gardiner became my partner. I respected Don very much whom I already knew socially. As you may recall he was the President of the Turks and Caicos Islands Tourism Board. I understood that Don was involved in the development prospects of Joe Grant Cay with the previous developers so he was very familiar with it. We have executed a Joint Venture Agreement with Don’s company in January 2007, and became partners in a company called Caicos Platinum Ltd, a company that was the recipient of the first formal offer of US$5 million from the Government back in November 2006.

 

 

  • When did you buy Joe Grant Cay.

 

See, that has never happened. We did not buy Joe Grant Cay. We bought the freehold of the 200 acres of Joe Grant Cay, and the rest (512 acres) is provided to us by a Conditional Purchase Lease through a development Agreement. I am not sure whether you followed it, but this island was first offered at US$5 million to Caicos Platinum Ltd, when that company was owned by previous developers. Then, 200 Acres of it (approximately 30%) was offered to us at $2 million in early June 2008, by the decision of Cabinet, led by His Excellency the Governor Richard Tauwaree. At the specific instance of the Government (and with some reluctance on our part given the risk to which we were thus being exposed in advance of the conclusion of a development agreement), we were asked to close the purchase of the 200 acres hotel parcel on an urgent basis, apparently because of very low cash flow issues at Government level. Having agreed to do so, the Governor again changed its mind, obtained a new valuation by a third party QS and informed us on June 19th, 2008 that the price of the hotel parcel had been increased to $3.2 million. We paid that price for 200 Acres and bought a portion of Joe Grant Cay on June 20th, 2008 on de day of Groundbreaking Ceromonie of Dellis Cay.Governor Tauwaree came in the afternoon to this Ceromonie,was very happy,that Joe Grant deal was finally closed after 1,5 years of negotiations.He congratulated me on the day,the funds of the transaction was in the account of government.

 

 

  • What about the Development Agreement?

 

You know, it took us almost 2 years from the first discussions, but 5 months after our acquisition of the 200 Acre parcel, in November 2008 to get a Development Agreement. I am not sure whether you re know but The Governor executes all major agreements on behalf of the Government. So, our that time new Governor HE Gordon Wetherell, Attorney General Hon.Rhondalee Braithwaite and our CEO, Director, Michel Neutelings have met for the execution of the Development Agreement.

 

  • Dr, Is there anything special in the Agreement?

 

All development agreements in Turks and Caicos Islands, usually have more or less the same provisions. However, we have an additional obligation on our part to pay 15% on the gross amount on the sale of villa lots in the development to the Crown. I am not privy to all development agreements in TCI but I am not personally aware of any other development agreement which contains an obligation of that nature. From the standpoint of the public, it is clear that if my partners and I make a major investment on Joe Grant’s Cay such that the price which a buyer might pay for a villa lot is greatly enhanced, the Government receives a corresponding benefit without any of the business risks undertaken by the developer. Joe Grant Cay was going to be a new source of income for the TCI Government and TCI islanders. This remote and unhabited island was going to be the home for a new hospitality project providing new jobs and opportunities for everyone. I would imagine that most of the ex middle caicos residents would returned to their home from their present endeavors in Providenciales. In summary, this project had a very important social aspect. I have on many occasions discussed these aspects with both Honorable Governors Tauwahare and Whetherel.

 

  • There was a discussions about the valuation? What you have to say on it?

Look, I am a developer, a businessmen. I got interested in this deal as the 712 Acres was available at US$5 million to a number of developers who apparently did not perform. I wanted to buy at this price. At the end, I have negotiated more than 18 months to get 30% of this cay at US$3.2 million. I took a significant risk by paying that price and closing that purchase without having a signed development agreement with TCIG, with no guarantee that we could carry out our development plan or acquire the rest of the Cay.

 

Now coming to the valuations, I understand from the Inquiry that under the leadership of the HE Governor Tauwaree himself, the Cabinet has sought a number of conflicting valuations both from their own valuation department and from a private commercial appraiser on June 2008. They have as the Cabinet, together with HE the Governor, have decided to take the valuation of the commercial appraiser as it reflected the market value.

 

Now, the question is why did they not picked the high value but the low value?

 

My answer is that the valuation of the land is obviously a matter for the Crown and for experts in that field. That is why I I have hired some of the leading experts in this field to assist me. What they say is simple: the Valuation officer has attempted to value this property by direct comparison to couple at Ambergris Cay, and sale listings from marketing brochures (and not actual transactions) at North Caicos Marina and Middle Caicos. I am told that those comparables do not come near being appropriate for the purposes of valuing Joe Grant Cay.

 

At Ambergris Cay, for example, lot sizes of between 0.32 – 1.85 acres each are compared to our project of 700 acres.   In addition, Ambergris Cay forms part of an established luxury brand, and considerable expenditure has been undertaken on the extensive infrastructure. I do not know if you know but Ambergis Cay has all its utilities underground, electricity and water, It is the only island in this country which has an underground sewer system. Everything is self-generated on the island, water making, the treatment of the sewer system. It has even an uncompleted marina that is not completed but obviously a port facility) including the inclusion of the biggest private runway (6,000 feet) in the Caribbean. Overall Ambergis Cay it is a self-sufficient island that has all of the amenities and can function, unlike North and Middle Caicos which has to have power on the sea cable from Providenciales. North Caicos Yacht Club is also a developed property, so no parallels to undeveloped land neither. We also understand that the valuer has used “sales brochure prices” in 2008. The Middle Caicos comparative is based on a sales listing as well, which was withdrawn from the market after 22 months listing period and not sold.

 

Now, that is what experts say. These will all come out soon. Now if you ask me what I personally think. To me, the real valuation is what I paid. I paid US$18 million to Dellis Cay, a 500 acres island, of which 200 Acre is private land. Dellis Cay is only 20 minutes from Leeward Highway, it had PPC Electricity cable in it, for plenty of electricity, and it is next to world renowned Parrot Cay. I think that we have paid for the 200 Acres at Joe Grant Cay reflects the fair market price at its present state and that is “undeveloped” land at a remote location for commercial use. That is what it is.

 

Later on, we have asked both local and international professional valuation firms to conduct a full analysis and report an official valuation of this island. All these reports have confirmed the value that we have paid to Joe Grant Cay’s 200 acres and the lease agreements that we have entered with the TCI Government. In any case, after the World Economical Crisis starting in November 2008 and onwards land values have significantly eroded all around the world and especially the Caribbean.

 

  • But Dr Kinay what is the benefit of this Project to the TCIslanders? What do they get?

 

Look, The government did not simply sell a piece of land, they entered into a development agreement for the development of that land. If I can not develop it on time, and spend the money that the Government wants me to spend on it, than they will get back. It is in the Agreement. It is ours as long as we spend money on it. You know how much? My Development Agreement says I need to spend US$120 million on this cay in a fixed period of time. We estimated that the construction will take 2 years and create at least 150 new local jobs. Once the island is fully operational it will require at least 70 locals to manage it. As I have already mentioned, in addition to the purchase price of the land of the hotel site, we will pay 15% of our Villa sales on the 300 Acre Villa Lots and this goes straight to the Government’s budget. Not to mention, the usual development agreement obligations such as the Annual Scholarship payments, duties, work permit fees, the rents paid under the leases, stamp duty benefits accruing to TCIG arising out of sales in the development and the boost to the tourism economy of TCI.

 

  • Dr Kinay, you lost a court case concerning Joe Grant Cay? What will happen now?

 

I received the Turks and Caicos Islands Court’s judgment concerning Joe Grant Cay. I also received TCIG’s Press Release. The judgement is grossly unfair and Joe Grant Cay development companies are currently appealing it. I could not afford lawyers as Turks and Caicos Islands Courts have frozen all my worldwide assets not allowing me to spend any funds towards my right to defend myself and my companies. Looking at the Judgment, in essence, His Hon. Justice G W Martin has concluded in connection with the political donation of $500,000 made by Dellis Cay’s parent company Turks Development LP (the Court states the donation was from ‘Dr Kinay’) to Michael Misick on 9 January 2007, the Judge found (paragraph 33) “there to be a very strong probability that the money was paid as a bribe in order to ensure that the Defendant companies obtained the benefit of the proposed development” disregarding the facts that the Defendant companies did not even exist at that time, and that the donation was made by Turks Development LP, a company developing Dellis Cay, not related in any way to Joe Grant Cay . His Hon Judge further observed (paragraph 41): “I emphasise that this judgment should not be treated as a conclusive finding that any individual has acted corruptly.  Nobody should be declared corrupt if he has not had the opportunity to defend himself at trial, and that has not happened in this case.’ These statements did not make the Judgment just and fair, the basic principle of law.

 

On the matter of Joe Grant Cay’s valuation, His Hon Justice completely ignored the Government’s valuation report obtained from BCQS, an independent commercial appraiser who valued 200 acres of Joe Grant Cay, at USD 3.2 million for commercial use, exactly the amount of money asked by the Government in June 2008, which the development companies have paid in full. His Hon Judge ruled (Para 36, The Judgement) ‘When instructing BCQS to give an alternative valuation, McAllister Hanchell did not tell them of the proposed development, so that their valuation made no allowance for the intended use of the land.’. The Learned Chief Justice has failed to recognize that BCQS valuation report specifically stated on Page 7 Item 3.5 ‘It is assumed that planning permission is available for the subdivision of the land for residential plots or for a commercial use.’ By ignoring BCQS’s clear statement specifying that Joe Grant Cay valuation report is prepared for “commercial use”, The Hon. Chief Justice presented an unbalanced approach for the benefit of the Plaintiff. The Court’s omission of BCQS’s written representations in their valuation report is not something that I can live with and we will be pursuing the reasons for this material error.

 

First, the Commission of Inquiry’s publication of unredacted Final Report despite the TCI Supreme Court’s Order not to publish the unredacted Final Report cost Dellis Cay its business and caused the funders to pull their finances, now Joe Grant Cay Development companies are striped of their rightfully obtained assets.

 

It is clear to me that there is a set political agenda which is geared to restructure the political landscape at the Turks and Caicos Islands and we are chosen as the main victims. I repeat categorically that I reject all accusations, and state that we are innocent

 

For those who doubt that the Development of Joe Grant Cay is not innocent, I have only one question: Had the alleged privileges, favors or better conditions been present in the acquisition of 200 acres of this island, or in the Development Agreement, why both Hon. Governor Tauwhare, and the present Hon. Governor Whetherell would have executed these on behalf of the Crown? Both Hon Governors are experienced public officials, with history of making land transactions, and executing Development Agreements on behalf of the Crown. Why did they approve these transactions if the preferential treatment was all over the documents that they have signed?

 

All these contracts, and 200 acres land sale were approved by the Attorney General, TCI Invest, Ministers, the Premier, and executed by 2 Hon. Governors. The Government and both Hon. Governors had 2 years to conduct due diligence. Do you really believe that they were all ‘deceived’? and did not know what they were selling? That is the real question the Turks and Caicos Public must ask.

 

I have faith in the law, and I will look for justice until I find it.

 

  • What are your long term goals?

 

I did not come to Turks and Caicos Islands, to do few projects and go back to anywhere. I will stay and work here for many years. When Dellis Cay and Joe Grant Cay will one time open, my children, together with the young generation of Turks and Caicos Islands, will be proud of having these developments, in remote locations and will have fun.TCI er will be proud about it too.

 

STATEMENT OF DR CEM KINAY WITH RESPECT TO THE JOE GRANT SALE.THE TRUTH.

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Statement of Dr Cem Kinay with respect to the Joe Grant Cay’s Sale

Istanbul, Turkey 18 December 2013

I understand from Turks and Caicos Islands media sources that a 200 acre parcel of Joe Grant Cay has been sold for $4.04m in October 2013 in a transaction that was never made public.

I was sure that one day, the truth about Joe Grant Cay’s true value will come to the light, Today, is my day. For the past 6 years, I have been living stripped of my basic human rights and assets just because the TCI Courts have concluded in connection with a political donation made to Michael Misick on 9 January 2007 “there to be a very strong probability that the money was paid as a bribe in order to ensure that the Defendant companies obtained the benefit of the proposed (Joe Grant Cay) development” disregarding the fact that there was in reality no benefit at all, as we have paid the true and accurate value of this land which was USD 3.2 million for the same 200 acres parcel back in 2008.

More specifically, on the matter of Joe Grant Cay’s valuation, His Hon Justice completely ignored the Government’s valuation report obtained from BCQS, an independent commercial appraiser who valued 200 acres parcel of Joe Grant Cay, at USD 3.2 million for commercial use, exactly the amount of money asked by the Government in June 2008, which my development companies have paid in full.

What is more astonishing was the fact that His Hon Judge ruled (Para 36, The Judgement) ‘When instructing BCQS to give an alternative valuation, McAllister Hanchell did not tell them of the proposed development, so that their valuation made no allowance for the intended use of the land.’. The Learned Chief Justice has failed to recognize that BCQS valuation report specifically stated on Page 7 Item 3.5 ‘It is assumed that planning permission is available for the subdivision of the land for residential plots or for a commercial use.’ By omitting BCQS’s clear statement specifying “commercial use” in its report, The Hon. Chief Justice violated our right to a fair trial, and unfairly favored the Turks and Caicos Islands Government by omitting what the true valuation report states. Instead, the Hon. Chief Justice relied on a series of valuation reports prepared by the Turks and Caicos Island’s own employee Mr. Hoza, which are at best confused. Mr. Hoza’s valuation reports valued the 200 acre parcel at a whopping 45 million for commercial use!

For those who doubt that the Development of Joe Grant Cay is not innocent, I have only one question: We have paid 3.2 million in 2008 for this 200 acre land, and today, 6 years later, the same land has been sold for 4.04 million in an open market transaction ! I ask you what happened to the alleged tens of millions of dollars that the Government and some of our opponents claimed that this land was supposed to be worth?

I have the answer: The alleged valuation of this island was a big lie ! Joe Grant Cay’s 200 acre was never valued more than what we paid for. That was the exact reason why many internationally repute valuation companies as well as all the local valuation companies have valued it at the exact value that we paid for it. That is why both Hon. Governor Tauwhare, and later on Hon. Governor Whetherell have approved and executed the sale of this 200 Acre land to us for USD 3.2 million, and that was why the sale was approved by the Attorney General, TCI Invest, Ministers, and the Premier.

In fact, there was no “favor” from anyone for Joe Grant Cay. In fact, we have paid the true value of this land, and the shameless dark forces took away from us alleging the “undervalue” sale. The evidence is before you, the same land is now sold for USD 4.04 million after 6 years.

In the past five years, I have been victimized by politics. My assets were frozen and hundreds of people lost their jobs. I could have developed Joe Grant Cay and create much needed jobs, and further tourism income for Turks and Caicos Islands. I was denied my fundamental right to a fair trial in TCI, a red notice application has been filed with the Interpol for my arrest. I am calling upon the TCI Government and the Attorney General to end these groundless accusations against me, return my assets, and clear my name as I have done nothing wrong.

God Bless

British Developer Pleads Guilty in Turks and Caicos Islands Corruption Case

British developer pleads guilty in Turks and Caicos corruption case
Published on June 3, 2013

PROVIDENCIALES, Turks and Caicos Islands — British developer Richard Padgett pleaded guilty in the Turks and Caicos Islands (TCI) on Friday to charges of bribery and conspiracy to pervert the course of public justice by agreeing to present false or forged documents to a Commission of Inquiry.

At a plea and directions hearing on April 15, Mr Justice Harrison agreed that Padgett should be allowed to enter his pleas at the first reasonable opportunity. His case was adjourned to May 31, this being the next most convenient date for the judge to return to the TCI.

Padgett is currently suffering from ill health and in the opinion of his doctor is not fit to travel to the TCI, it was therefore agreed by the court that his pleas be entered from England, by a video link to the Supreme Court.

Padgett and the Crown were represented in both jurisdictions by counsel.

After his pleas of guilty were entered, the case was adjourned to September16 for mention as to the appropriate date of sentence.

Padgett, who has been on bail throughout the proceedings, remains on bail.

The TCI government also announced on Friday that it has settled all civil claims and proceedings against Padgett and his companies. That includes civil claims arising from the Third Turtle Development referred to in the report of the Commission of Inquiry, and a separate civil claim arising in relation to Crown land on East Caicos acquired by a company controlled by Padgett.

Under the settlement, Padgett has transferred to the government land valued at approximately US$7 million, and has made a cash contribution of $75,000 to the costs of investigating the claims.

This takes total land recoveries made by the civil recovery team to 3,058 acres, in addition to $19.6 million in cash paid or to be paid to the government.

Attorney General Huw Shepheard commented: “We are pleased that these disputes have now been settled with the transfer to TCIG of a substantial amount of further land of significant value. This settlement brings to a successful conclusion the civil claims brought in relation to the major developments referred to in the report of the Commission of Inquiry. As reported, other claims and investigations continue to be progressed by the Edwards Wildman civil recovery team.”

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SPECIAL PROSECUTOR HELEN GARLICK ISSUES UPDATE ON CORRUPTION CASE IN TURKS AND CAICOS ISLANDS

HELEN GARLICK ISSUES UPDATE ON SIPT CASES

“The Plea and Directions Hearing in this case has been adjourned to September 16th. I have made it clear that I will not comment on the evidence in this case or on any other issue that is for the court of trial to decide, except that where it is right to do so, I will correct mis statements made in public by other people and will also provide as much information as I can about the proceedings.

“There are currently 10 defendants awaiting trial before the Supreme Court. In May 2012 all of them were sent for trial on all charges by Justice Ramsey Hale. Before a trial date can be fixed there are several preliminary matters that need to be decided by the trial Judge in Plea and Directions Hearings. The prosecution have been ready to conduct a Hearing since July 2012 and all the necessary evidence and written submissions have been served on the accused.

“The reason for the continued delay is that the majority of the accused have applied for and been granted legal aid but have rejected the rates fixed by the Registrar and challenged that decision by applying for Judicial Review. The SIPT had no involvement in the Legal Aid decision, this was a matter between the accused and the Registrar. However, we have been joined to the Judicial Review proceedings as an interested party. The application for judicial review was rejected after a hearing before on 8th November 2012. An appeal was also rejected unanimously by the Court of Appeal on 24th January 2013.

“The accused concerned are now applying for leave to appeal to the Privy Council. That application has not yet been made. If they are refused permission to appeal by the Court of Appeal, they have the right to renew their application directly to the Privy Council and it could therefore be some months before this matter is resolved finally.

“The accused have the right to exhaust all legal avenues of appeal but there should be no misunderstanding that however long it may take, the law must take its course and there will be a trial.

“As to the position of Michael Misick, his claim for political asylum is being dealt with in accordance with Brazilian law and the SIPT and the AG are not parties to that process. The request for his extradition could not be dealt with until the asylum claim was decided. The claim had been refused at first instance but he had lodged an appeal to the Minister for Justice. On Monday 15th April the Minister refused his appeal. I am advised that the extradition process can therefore begin. However there should also be no misunderstanding first that, however long it may take, if Michael Misick is returned to the TCI, he will stand trial and second that in the meantime the trial of his co accused will continue.”

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Former Turks and Caicos Premier Michael Misick Rearrested Again In Brazil

MICHAEL MISICK REARRESTED IN BRAZIL
Former Premier of the Turks and Caicos Islands Michael Misick was re-arrested by Brazilian Federal Police late in the evening of Saturday 13th April 2013 in Sao Paulo, Brazil on the authority of a Brazilian Supreme Court judgement, according to Governor’s spokesman Neil Smith.

Smith said that on Monday 15th April 2013, the Brazilian Justice Minister issued his decision to refuse Michael Misick’s appeal against a decision not to grant him political asylum. The decision was published on Tuesday 16 April in the Brazilian Official Gazette.

Misick was first arrested on 7th December 2012 by Brazilian Federal Police acting on a provisional arrest warrant. Arrest was sought by the TCI Special Investigation and Prosecution Team (set up to investigate issues arising from Sir Robin Auld’s 2008-09 Commission of Inquiry).

TCI prosecutors submitted formal extradition papers on Monday 28 January 2013 within the required 60 day time limit from the time of Michael Misick’s arrest. It is hoped that the extradition process can now proceed unhindered.

Smith said in the press release that Misick faces a number of serious charges relating to corruption and maladministration in TCI during his time in office.

“ It is in the best interests of the TCI that allegations of wrong doing are thoroughly investigated and that Michael Misick returns there as soon as possible to answer these charges. As Michael Misick was born in a British Overseas Territory, he is, therefore, receiving British Consular Assistance; he was last visited by British consular officials on Monday 15 April in Sao Paulo,” Smith added.

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Settlement with Former Minister and Pleading Guilty in Turks and Caicos Corruption Case

20130416-114814.jpg20130416-114825.jpgimage“UPDATE ON SIPT CASES
Published Sun TCI on 15th April 2013

The Special Investigation and Prosecution Team (SIPT) on Monday April 15th dropped all criminal charges against Samuel “Sammy” Been after he reached an agreement with them and the Attorney General’s Chambers to give up a portion of his commercial building, the Sammy Been Plaza, on Airport Road, Providenciales. The value of the settlement is approximately $850,000.
Developer Richard Padgett has agreed to plead guilty to various charges including bribery on May 31st, 2013. Because he is medically unfit to travel to the Turks and Caicos Islands, Padgett will make his plea by way of video link from the Central London Court at 10 a.m. on that date.

SIPT Prosecutor Andrew Mitchell, QC, said if Padgett is sentenced to jail, provision will be made the have him serve his prison term in England and Wales.

The SIPT cases which were heard before Mr. Justice Paul Harrison, have been adjourned until September 16th, 2013.”

Attorney General in Turks and Caicos settles with Former Minister in Corruption Case

Attorney general settles with Samuel Been, prosecution discontinued
Published on April 16, 2013

Attorney General Huw Shepheard said on Monday that he has agreed to settle civil recovery proceedings brought against Samuel Been, one of the defendants facing criminal charges as part of the inquiries pursued by the special investigation and prosecution team (SIPT).

Samuel Been
“At the same time criminal proceedings against him for an offence of conspiracy to defraud and acquiring the proceeds of criminal conduct, contrary to s29 Proceeds of Crime Ordinance 1998 will be discontinued,” Shepheard said in a statement.

The settlement will result in the transfer to the TCI government of property owned by Been at Sammy Been Plaza, Providenciales, valued at $825,000, he added.

Been is the former husband of Lillian Boyce, a former minister in the previous Progressive National Party (PNP) government, who has also been charged with criminal offences in relation to government corruption.

It had recently been rumoured locally that Been would escape prosecution by agreeing to give evidence against his co-defendants.

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Cem Kinay.Father of All Inclusive.

Please click on the link to read about Cem Kinay and his life  with a lot of pictures.

http://www.turizmguncel.com/haber/pismanligim-yok-para-icin-degil-yeni-bir-seyler-yapmak-icin-calistim-h14463.html

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LONDON DENIES CONSTITUTIONAL POWERS FOR TURKS AND CAICOS ISLANDS

Self-Determination for Falklands but Nowhere Else in the Remaining British Empire

London denies constitutional powers to Afro-Caribbean population in the Turks and Caicos

By Wayne Madsen
Global Research, March 19, 2013
Strategic Culture Foundation 17 March 2013

Britain is loudly proclaiming that the inhabitants of the Falkland Islands, the South Atlantic island group that is hotly contested between Britain and Argentina, voted 99.8 percent to remain an overseas territory of the United Kingdom. British Prime Minister David Cameron publicly rebuked the Argentine government and the new Pope, Francis I, for their support of Argentine sovereignty over the Falklands. As Archbishop of Buenos Aires, Cardinal Jorge Mario Bergoglio supported Argentina’s historical claim to the islands.

If only Mr. Cameron were as dedicated to the wishes of the inhabitants of some of Britain’s other far-flung and nearer –to–home territories as he is toward the “Kelpers,” as the Falkland Islanders call themselves.

In the cases of the Turks and Caicos Islands and Anguilla in the Caribbean, the Tory-Liberal Democratic government in London has rolled back the self-government previously afforded the two island colonies.

The British government imposed direct rule on the Turks and Caicos in 2009, citing misrule and corruption by the island’s then-premier, Michael Misick. Britain appointed a Commission of Inquiry led by Sir Robyn Auld that recommended direct rule of the islands from London through Governor Gordon Wetherell; his successor Ric Todd; Attorney General Huw Shepheard; and Chief Financial Officer Hugh McGarel Groves. The Commission of Inquiry was replaced by a Special Investigation and Prosecution Team (SIPT) that began investigating Turks and Caicos government officials for corruption.

The new Premier, Galmo Williams, declared, “Our country is being invaded and re-colonized by the United Kingdom, dismantling a duly elected government and legislature and replacing it with a one-man dictatorship, akin to that of the old Red China, all in the name of good governance.”

The British neo-colonial government brought criminal charges against a dozen Turks and Caicos official, including five ministers in the Misick government, including Misick himself. The former premier fled to Brazil and was arrested pursuant to an extradition request from Britain. However, the breakdown in relations between London and Latin America over the Falklands issue may have compelled the Brazilian government to release Misick on bail awaiting a final determination on the extradition request.

Last November, an election was held in the Turks and Caicos and the Progressive National Party of former Premier Misick barely eked out a victory in an 8 seat to 7 seat vote for the opposition People’s Democratic Party in the House of Assembly. Dr. Rufus Ewing became Premier and among his first acts was to demand London restore constitutional powers from the abrogated constitution to the elected government and sack the governor, Attorney General, and other appointed officials. Cameron and Foreign and Commonwealth Secretary William Hague have resisted these calls. Essentially, when the white population and government of the Falklands demand something from London, they are heard and the request in positively acted upon. However, when it is an Afro-Caribbean population in the Turks and Caicos that makes a demand, they are ignored. It is the British colonial way.

In a letter to Hague, Ewing wrote that the investigation of the previous Misick government was a “farce, impregnated with cloak and dagger acts on the part of the Governor, AG Chambers and SIPT, to incarcerate Turks and Caicos Islanders at all costs, even the cost of the violation of the principles of justice and the human rights of individuals.”

Ewing told a summit of the Caribbean Community (CARICOM) in Port au Prince, Haiti, “We are today being governed by a constitution that was conceived in Whitehall, and was, for all intents and purposes, thrust upon the people of the Turks and Caicos Islands, at a time when they were without representation.” Ewing was referring to the 2011 Constitution that afforded the island less rights than the previous Constitution of 2006.

One of the main objectives of the London-appointed government was to impose a tax hike and austerity measures on the Turks and Caicos. Hague rejected Ewing’s request and stated: “We expect the territories to meet the same high standards of good governance and public financial management as in the UK.” That is rich coming from a British government that has been mired in financial and sexual scandal since it came to power. But, again, the rationale in London is based on the fact that when white ministers and Tory and Liberal Democratic MPs are engaged in scandal, it is a minor infraction, but when a government composed of people of color are accused of scandal, an unconstitutional, anti-democratic, neo-colonialist sacking of the entire government ensues.

It is clear that the Turks and Caicos wants to join its fellow CARICOM partners as an independent nation but London has thrown in a number of obstacles to full sovereignty. The Turks and Caicos are not alone in having neo-colonialism imposed on them from the halls of power along the banks of the Thames.

Britain, working with France, the Netherlands, the United States, Morocco, New Zealand, Canada, Israel, and Australia, has sought to diminish the role of the United Nations’ Special Committee on Decolonization in speeding independence for the 16 Non-Self-Governing Territories recognized by the committee, which includes the Turks and Caicos and another Caribbean island where Britain has re-stamped its colonial imprimatur, Anguilla.

In the 1960s, Anguilla declared unilateral independence from the Federation of St. Kitts-Nevis-Anguilla because it wanted to retain its ties to Britain and not shed them in favor of a colonial status within a West Indies mini-federation. However, after some forty years, things have started to change on the island. Britain, instead of allowing Anguilla more self-government under Anguilla Constitutional Order 1 April 1982, amended in 1990, has reversed course and started to retain and retake more powers for itself. This has resulted in more Anguillans bringing up the independence option decades after the Anguillan Revolutions of 1967 and 1969.

Britain is trying to eliminate a provision in the Anguillan Constitution that provides for an option of independence. It is clear that Britain is trying to do to Anguilla what the Netherlands did to the three small Caribbean island territories of Bonaire, Saba, and Saint Eustatius after the dissolution of the self-governing Netherlands Antilles, make Anguilla part of Britain and incorporate it into the United Kingdom and European Union. The Netherlands incorporated its three territories as municipalities of the Netherlands in a move that was not clearly explained to the residents of the islands.

Last year, Anguillan Chief Minister Hubert Hughes told the UN that his government “decided that the Anguilla people will have to decide whether they want to stay in slavery or go on to freedom.”

As with the Turks and Caicos, Britain has imposed economy-crippling austerity on Anguilla using the pretext that the island is rife with financial corruption.

As bad as the Turks and Caicos islanders and Anguillans are in being re-colonized by Britain, no people have suffered more than the Ilois of the Chagos Archipelago in the Indian Ocean. In the 1960s, they were removed by Britain against their wishes and relocated to Mauritius where they live in squalor. Britain removed the islanders to make way for a U.S. nuclear weapons, intelligence, and, more recently, a gulag for detainees, on the island of Diego Garcia.

So, while Mr. Cameron lectures the Pope and Argentina on respecting the wishes of the Falkland Islanders, he continues to run roughshod over the wishes of the peoples of the Turks and Caicos, Anguilla, the Chagos Archipelago, and even those closer to home in the Channel Islands and Isle of Man, who would opt for independence if not for the heavy jackboot of British colonial rule…

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WAR OF WORDS BETWEEN BRITAIN AND TURKS AND CAICOS CONTINUES

War of words between Britain and Turks and Caicos continues
Published on March 15, 2013,by Caribbean News.

TCI Premier Rufus Ewing (L) and Britain’s Foreign Secretary William Hague

By Caribbean News Now contributor

PROVIDENCIALES, Turks and Caicos Islands — In a statement to the House of Assembly in the Turks and Caicos Islands (TCI) on Thursday, Premier Rufus Ewing accused Britain’s Foreign Secretary William Hague of corruption.

Responding to a strongly worded letter on Tuesday from Hague, which had described Ewing’s speech last month to Caribbean Community (CARICOM) heads of government as a substantial misrepresentation, Ewing said that the release of Hague’s letter just prior to election petition court hearings and before a potential by-election was an attempt by Britain to influence the voters and the courts and is therefore a corrupt act.

Ewing then went on to defend his address to CARICOM. He repeated his position that CARICOM was a key factor in Britain’s recent agreement to shelve the imposition of value added tax in the TCI. However, none of the CARICOM member states or associate members has made any public statement expressing any opinion in relation to the TCI and/or VAT.

Hague had chided Ewing for failing to mention the dire state of the economy coming out of the previous Progressive National Party (PNP) government led by Michael Misick who, Hague pointed out, remains a fugitive from justice.

Ewing said there was no need for him to mention this because “we all know about these events.”

Ewing went on to say that he was sure that many TCI citizens now favour independence.

For the first time, Ewing, who is himself a medical doctor, spoke about the pressing health care issues in the TCI.

Weeks earlier, Ewing had celebrated the idea of the third party use of the hospitals and health care facilities for medical tourism. As these facilities are operated by private contractors funded by the TCI government, media questioning as to who benefits from the practice has been ongoing.

Ewing said he will be making sure that the TCI gets a share of the third party operations of InterHealth Canada, which is are operating the hospitals.

TCI taxpayers are responsible for paying a $120 million mortgage on the two small hospitals, which also includes an excessive 12 percent rate of interest. The National Health Insurance Plan (NHIP), in the creation of which Ewing was reported to have played a central role, is costing the TCI over 40 percent of every tax dollar collected.

On three separate occasions, Ewing has claimed that financial audits of the hospitals were underway but the new InterHealth Canada CEO said that no audits had been started.

Ewing also blamed the downturn in the economy for people losing their jobs and no longer paying 6 percent of their wages into the health plan.

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