Tag: SIPT

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Carlos Simons says He will Fire Helen Garlick

 

Queen’s Counsel Carlos Simons says if he becomes leader of the Progressive National Party (PNP) and Premier of the Turks and Caicos Islands, he will fire Special Prosecutor Helen Garlick and her Special Investigations and Prosecutions Team (SIPT). 
Speaking on Robert Hall’s Expressions call-in programme on Radio Turks and Caicos on Monday April 23rd, Simons said the SIPT was nothing more than a “gravy train” and that they should really be called the “Garlick Time and Money Team”. 
The prominent lawyer, who is running for leadership of the PNP at its upcoming convention, said: “Here we have a situation in which the British Government is forcing us to pay millions of dollars to Helen Garlick and their other lawyers to investigate so called crimes that were committed on their watch and to recover land, every acre of which was doled out over the signature of their Governor (Richard Tauwhare). At the same time as we are paying these millions of dollars to Helen Garlick and other British Government lawyers, public servants and others are being laid off and the people of Grand Turk have to line up at the public tank with buckets for water.Now just ask yourself, what is wrong with that picture? And the answer is everything.”
 Simons said that on the one hand the British are “terrorizing and traumatizing” the people of the Turks and Caicos Islands with their own money and on the other hand they are “driving the rest of us into poverty”. 
He added: “It is morally wrong. The only reason it is not legally wrong is because the British have made the laws. They call it the SIPT. But it’s really nothing more than a gravy train. Its name ought to be the GTMT- The Garlic Time and Money Team. But I promise you this- the day I take office is the day Helen Garlick gets laid off. That gravy train they’re riding will not just be stopped; it will be brought to a screeching halt. I will not spend on dime, no not one dime of TCI taxpayers’ money on Helen Garlic. The events they are investigating took place under the watchful eye of their Governor, the investigation was recommended by their Commissioner, it is being conducted by their lawyers, applying laws that they themselves have recently made. But it’s all being paid for with our money. That is not justice and I will see justice done or I will die in the process. So the day I take office, I will be saying to the British Government is relation to Helen Garlic, not in my name and not on my dime. You hired her, you pay her. Otherwise she can pack her bags and go home. I just don’t roll like that.”
Simons also called on Governor Ric Todd to withdraw the international arrest warrant against former Premier of the Turks and Caicos Islands Michael Misick. 
“Imagine issuing an international police warrant with our money as though they’re hunting some kind of genocidal maniac and as though they had nothing to do with the circumstances. It is an affront to this country as a whole. I call upon the Governor to rescind that warrant today. If he does not I will the day I take office,” Simons added.
Meantime, Simons said in a separate press release that he was “outraged” by the recent statement from the owner of Beaches TCI to the Jamaica Observer revealing plans to increase his Jamaican staff in the TCI by 150 workers. 
“I am similarly outraged that the Interim Government of Governor Todd could countenance such an arrangement. The quote attributed to Mr. Stewart in the Observer to the effect that he is happiest when he is in a position to provide jobs for Jamaicans who deserve to have employment so that they can take care of themselves and their family”, is at best insensitive and at worst offensive because the jobs he is referring to are being provided in the TCI at the expense of TCI workers, who equally need jobs to feed their families and who have a greater entitlement to those jobs,” Simons said. 
He said it is clear that the Interim Administration which ought to be protecting the TCI workforce has abandoned its responsibility to do so. 
“How else can you explain laying off hundreds of public servants but at the same time allowing a private sector employer to import hundreds of foreign workers without first offering those opportunities to the laid off public servants and other unemployed TCI workers? I call upon the Governor to release immediately the details of this scandalous arrangement so the public can see what his government is up to and to forthwith reverse the decision to allow this to happen,” the Queen’s Counsel added.

published in SUN,Turks and Caicos Islands ,25th of April 2012

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DEMOCRACY IS IN DANGER IN TURKS AND CAICOS ISLANDS AND I AM A VICTIM

Democracy is in danger in Turks and Caicos Islands and I am a victim of this.

In July 2008 The Governor of Turks and Caicos – representing the UK Government – appointed a Commission to conduct an Inquiry into “possible corruption or other dishonesty” in Government. Hearings were held – presided over by His Lordship, Mr. Justice Sir Robin Auld – in January of 2009, concluding in February of the same year. In August 2009, His Excellency, then the Governor of the Turks and Caicos islands, Gordon Wetherell brought into force an Order in Council suspending portions of the Turks and Caicos Islands Constitution. Under this move Ministerial Government, and the House of Assembly – which is the only means of representing the people – was dissolved and all representative seats were vacated, with the promise of elections in 24 months. Amongst the astounding changes was that the basic right in the European Declaration of Human Rights to a Trial by Jury was also suspended, and confirmed recently by law. The sole political power in the Turks and Caicos Islands is now the Governor, appointed by the British government. He has appointed an Advisory Council and a Consultative Forum. However, as the appointment documents make clear, the Governor has no obligation to follow or regard their recommendations. This undemocratic move, which is totally inconsistent with Article I of the United Nation’s Charter on the Right to Self-Determination, is still the case in Turks and Caicos, and still, now nearly 2 and a half years later.

And still there is no date for elections.

My involvement in the Turks and Caicos dates from early 2005. In June of that year we purchased a private island called Dellis Cay, to develop a USD$1 billion project with the Mandarin Oriental Hotel and villas with world famous architects – including Zaha Hadid, David Chipperfield, Kengo Kuma, Shigeru Ban, Piero Lissoni and Carl Ettenspenger. The development proceeded in an unremarkable fashion, with usual succession of planning permits, from the start construction date of June 2008 to October 2009. A mixture of funds from my own resources, sales of residential units and loans from the Trinidad & Tobago Unit Trust Corporation funded the development.

In June of 2008, we bought a second island, Joe Grant Cay, from the Crown (The government of Turks and Caicos), presented the deal structure to the British Governor of Turks and Caicos – who was then His Excellency Richard Tauwhare – with the development agreement signed in November of 2008 by the new Governor, His Excellency Gordon Wetherell, with the objective of developing a resort with Bulgari Hotel and Villas.

In January 2009, in the course of hearings by the Commission of Inquiry, the Premier of Turks and Caicos disclosed political contributions by several businessperson and companies toward his party’s elections, two years before, in 2007. He disclosed a political contribution made by our company as well; which is normal all over the world, including in Britain.

Neither the Inquiry, nor the Judge, nor the Governor made any request of me, or my representatives to provide answers about these contributions. Yet, our actions were remarked upon adversely in the Commission’s report.

In June 2009, we asked the High Court of Turks and Caicos Islands to undertake a Judicial Review of the Final Report of the Commission of Inquiry, with the result that the Supreme Court called for the removal of any and all adverse references to my or our companies. In his ruling the Chief Justice agreed with us, that there was a “Clear and almost total failure by the Commission to follow its own procedures”. His Lordship stated further that I had not been given a fair hearing, and said that if any adverse statements were included in the Final Report, they should not be published.

It must be understood that even though this court is in Turks and Caicos, it is an English court, applying English law and procedures. Yet, four (4) weeks later, in July of 2009, the Final Report was published, with text unredacted, so that the adverse statements made about me and my companies, which were judged to have been unfair and unlawful, were made public; even after the Chief Justice ruled they should not be published.

Despite my attempts to cooperate and assist the lending bank for our projects to understand the issues relating to the Commission of Inquiry and their unlawful published reports, it was no longer possible to avoid the entrance into Receivership of the Dellis Cay project in favour of the Trinidad and Tobago Unit Trust Corporation in October 2009.

This failure of the Commission to follow the law has therefore done me harm because I provided personal guarantee to the Trinidad and Tobago Unit Trust Corporation.

Since that time – January 2010 – the bank has obtained a worldwide freezing order against me. The Attorney General of Turks and Caicos issued a Writ and Statement of Claim regarding Joe Grant Cay in July 2010.

I have appealed both actions.

After three (3) years, in October 2011, I was finally able to explain my side of the allegations of bribery for the political contributions above. In the meantime, my assets in Dellis Cay and the assets of buyers in that development have been destroyed; even though I have never bribed anyone in Turks and Caicos, or anywhere else.

I have been made a victim of the politics of Turks and Caicos. In English law, the saying is that “justice must not only be done, but it must be…seen to be done”. I speak now to warn that this is not the case in Turks and Caicos and to say that human rights, and property rights, democracy and justice are under threat in Turks and Caicos

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Genel News

Leaked Statements Scandal in Turks and Caicos Islands

By Caribbean News Now contributor,02.04.2012

PROVIDENCIALES, Turks and Caicos Islands — The appearance in the public domain of witness statements by former Turks and Caicos Islands MP Karen Delancy and former politician Shaun Malcolm has provided considerable insight into local political events of recent years.

The Delancy statement was recently reviewed here, with the benefit of access to a complete copy of the actual statement. In contrast, Malcolm’s statement is notable for its extensive blacked out redactions.

Nevertheless, it has been learned that former Peoples Democratic Movement (PDM) leader Floyd Seymour was angered when he saw the statement because, according to Seymour, much of it is fabricated and only reflects the disappointments experienced by Malcolm in his political career. Seymour declined comment but he did say that he wished Malcolm well and was praying for him.

The statement does, however, provide insight into the operations of the PDM and the Progressive National Party (PNP) from Malcolm’s perspective. In the last ten years, Malcolm has had a foothold in both camps and at one time attempted to orchestrate a takeover of the PDM, with a view to getting himself appointed to parliament and then to become a PDM candidate for office. 

Malcolm was also a leading contributor to the TCI Journal weblog; however, the Journal has indicated that Malcolm has not submitted any articles for over a year. 

What has brought Malcolm’s activities to light is the sudden appearance of his 16-page witness statement dated October 2010, apparently for the use of the special investigation and prosecution team (SIPT). 

The source for the apparent leak of the statement has yet to be identified; however, attorney general Huw Shepheard has threatened to bring legal proceedings against those responsible for disclosing the documents to the media, effectively confirming that the documents in question are in fact genuine.

According to local sources, physical copies of both statements are reported to have first surfaced during a meeting at “Gillys Restaurant” at the Provo Airport, which is owned by former premier Galmo Williams.

In his statement, Malcolm claims to be a politician and also a “civic leader”, and goes on to describe how, as a member of a singing group that performed at political functions, he became acquainted with various politicians from both political parties in the TCI. 

This, he says, caused him to choose to become active in the PNP in 1997, becoming chairman of the Provo Branch of the PNP until 1999, when he ran for office as a PNP candidate but was unsuccessful. Records indicate that, as a candidate, he received a minimal number of votes. 

At that election, the Derek Taylor-led PDM government was returned to a second term, after having defeated the Washington Misick PNP administration, which served one term beginning in 1995.

Despite his defeat, Malcolm says he remained active as a PNP member until 2002. This was approximately one year before the 2003 election. In the Malcolm statement he reports that the reason for his leaving the PNP was the coming to power within the party of Michael Misick. Malcolm says he forecast Misick to be self serving political leader. 

Malcolm goes on to say that the PDM (then led by Taylor) approached him in 2002, the same year he left the PNP, asking his advice on how to counter Michael Misick as the opposition leader. Malcolm says he then joined the PDM and was appointed by the Taylor-led party as national campaign manager for the 2003 election.

While the PDM party headed by Derek Taylor was based in Grand Turk, they did have a successful member of parliament at that time in Clarence Selver of North Caicos (Michael Misick’s home island) and former MP Sam Harvey of adjacent Middle Caicos. 

In the 2003 election, the eight-year-old PDM administration lost, due to marginal wins and the reversal of two election districts during a by-election. The by-election resulted from witnesses saying they were offered bribes by a PDM operative for their votes. 

Malcolm says in his statement that, during his tenure as campaign manager, one campaign donation alone from Jack Civre of Seven Stars resort amounted to $400,000. It has long been held maintained by then PDM leader Derek Taylor that the witnesses who claimed they were offered bribes were themselves bribed by the PNP to give false testimony. However, they were never investigated or charged with perjury and it is not known why Taylor maintains this position.

Malcolm continues his statement saying he became the Provo Branch chairman of the PDM in 2003 and PDM national chairman in 2004 serving until the June 2008 convention. During this period, the Taylor-led opposition, despite allegations of corrupt activities within the PNP government, was unable to unseat Michael Misick. 

By 2006, the PDM opposition was being led by Floyd Seymour.

Malcolm then refers to a November 2007 trip to London taken by the PDM executive group, which called on the British Foreign Affairs Committee (FAC), carrying evidence to support their claim that the Misick-led government was not operating according to well established policies, was breaking the law and engaging in corrupt practices.

In a public announcement, the FAC in late 2007 indicated they had received more information complaining about the PNP led administration than the other 13 overseas territories combined.

In 2007, the FAC undertook its ten-year review of the governance of all 14 British overseas territories. 

In fact, the evidence received when the announcement was made in November 2007 was arriving so fast and in such a quantity that the FAC extended the deadline for submitting more evidence until January 31, 2008. Normally the deadline would have been December 2007.

In the Malcolm statement he suggests the PDM group was shunned by the FAC, “We were told to go away.”

Malcolm goes on to say the FAC wanted the information formalized and this assignment fell on then leader Floyd Seymour, who as leader would have headed the mission to London.

According to law, the opposition leader Seymour (a CPA and financial planner as well as a real estate agent) headed the Public Accounts Committee, which reviews all the invoicing and payments made by the incumbent (PNP) government. While serving in this capacity, Seymour called 33 meetings, summoning the PNP administrators to bring their records for review. A number of these meetings ended up being canceled due to non-attendance by members of the PNP government. However the majority of the meetings went forward and Seymour was in a position to use the records as evidence of malfeasance in office. 

All of the meetings were recorded on audio tape and submitted to the then parliamentary clerk Ruth Blackman for transcription to writing. Blackman, who failed to perform this assignment, is now retired and has been announced to replace Robert Hall as the host of the radio show Expressions. However, the audio tapes remain to document the meetings. 

At the June 2008 PDM convention, Seymour presented to approximately 100 delegates a copy of the massive bound report of his findings, which he had sent to the FAC months earlier. 

The Malcolm statement then reports that while visiting London in May on other business, he became aware that the evidence had not reached the FAC from Seymour at that late date. 

Malcolm claims that further evidence of Seymour alleged failing to submit the formalized evidence was when FAC members Sir John Stanley, accompanied by British MPs Greg Pope and Paul Keetch, visited TCI in March 2008 on the heels of a visit days just earlier by Labour MP and Overseas Territories Minister Meg Munn and then Director of Overseas Territories Leigh Turner. However, the way events played out it appears the opposite is true.

At that earlier meeting Munn met with then governor Richard Tauwhare and premier Michael Misick. The Munn report coming out of the meeting was “no findings of serious corruption.” This appears to have been one reason behind the FAC official visit, which happened shortly thereafter. In fact, after a very brief visit and before leaving TCI, Stanley told the media that his information varied widely from Munn’s report. 

It has always been assumed that it was the evidence sent to the FAC months earlier, joined with the Seymour evidence, would have brought both the visit and the results of the Stanley visit. Numerous people, including Seymour, had reported that when they attempted to send evidence to Munn she shunned the submissions with the message to direct the information to then Governor Tauwhare.

Within days of returning to London, during a public hearing the FAC had the FCO on the spot for the FCO failure to recognize what was going on in the TCI. Shortly after this hearing in April 2008, Munn was replaced as overseas territories minister and Turner was reassigned to the Ukraine.

Shortly after the PDM convention that confirmed Seymour’s leadership, Governor Tauwhare stunned the TCI with an announcement that he himself had called for a Commission of Inquiry shortly after his arrival in 2006. However, Tauwhare himself allowed the Misick government to lease him an upscale condo in Provo for the balance of his tenure (until July 1, 2008). Tauwhare asked the FCO to have his tenure extended but was refused.

According to local sources, this portion of the Malcolm statement appears to be a fabrication. In fact, in May and June 2008, when Malcolm was planning to attempt a move from national chairman to leader of the PDM, he visited several convention delegates, telling an entirely different story. 

At that time, he reportedly told the delegates that the singular purpose of his May 2008 trip was to deliver copies of the evidence collected and compiled (apparently by Seymour). Malcolm told the delegates in face to face meetings that he received a “message from God to travel to London for this purpose.” 

The Malcolm story was delivered during a campaign around the islands by Malcolm, accompanied by attorney Finbar Grant.

Malcolm and Grant announced they were planning to contest the party’s leadership and deputy leadership at the June 2008 convention which was then only weeks away. The pair nominated each other at the convention but only received three votes each. Seymour was reconfirmed as leader at this convention.

In fact, on page six of his October 2010 witness statement, Malcolm claims that he has never seen a formal copy of the Seymour report. This, of course, cannot be true because the report was brought to the June 2008 convention by Seymour and presented for review by the approximately 100 people in attendance, including Malcolm himself.

Malcolm’s statement claims that he was nominated to return to the post of national chairman but he refused the nomination. He fails to mention the nomination came from his associate Finbar Grant.

Malcolm left that convention after being soundly defeated for party leader and says in his statement he never returned to party functions. 

Malcolm then takes up the issue of a 2007 election candidacy, which he claims was changed. Cheryl Astwood Tull had been selected as a PDM candidate for the February 2007 election. According to Malcolm’s statement, as national chairman, he was asked to offer a bribe to Tull to step down so he could run. Other sources in the PDM confirm that Tull did indeed step down from her candidacy because now treasurer of the PDM Dwayne Taylor had the desire to run in Tull’s assigned district, Provo’s Cheshire Hall.

The payment to Tull is said to have been compensation for campaign paraphernalia, tee shirts, banners, advertisements and the like, for which Tull presented invoices. Dwayne Taylor did run in Cheshire Hall and lost the seat for PDM. Dwayne Taylor’s former seat in West Road (Grand Turk) was also lost to the PDM, being captured by Samuel Been, former husband of Lillian Boyce. Only Seymour and Arthur Robinson won seats in the 2007 Michael Misick landslide victory

Malcolm, then PDM national chairman, claims in his statement that he did not know where the money came from to satisfy Tull’s claims. He then states he was told by Arthur Robinson the contribution in the 2007 election coming from Jack Civre was only $20,000. Malcolm contends he was told by another it was $100,000. A recent review of the PDM accounts by then treasurer Sharlene Gardiner reveals that the donation was in actuality $25,000 not $100,000. 

Further, Shaun Malcolm claims that Tull and himself were both slated by the PDM executive to be the party’s appointed member of parliament after the PDM lost the 2007 election in the PNP landslide victory. Malcolm bemoans the fact that Douglas Parnell, then president of the Provo Chamber of Commerce, eventually received the appointment. Such appointments are controlled by the party

According to the delegate from North Caicos that actually nominated Parnell as the PDM’s appointed member, Parnell was known to be a lifetime supporter of the PDM, and he hailed from North Caicos, which would provide some balance, as the other elected PDM members of parliament held seats in Grand Turk.

The Malcolm statement then turns back to the PNP, where he complains that, after being awarded Crown land in the Chalk Sound area, his lease was not upheld and it was given to a PNP supporter.

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LAWSUIT AGAINST DR.CEM KINAY REJECTED BY NEW YORK JUDGE

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

 Istanbul,Turkey 29 March 2012

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

 

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

 

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

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

 

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

 

Dr Kinay  practiced medicine at the General Hospital of Vienna in Austria.  He  received his PhD from the University of Vienna Medical School in 1984.   In 1987, Magister Oguz Serim   and Dr Kinay set up a tour operator by the name of Gulet Touristik, the largest tour operator in Austria.  In 1990, They founded the Magic Life Hotels.  Magic Life owned and managed luxury properties in Turkey, Greece, Tunisia, Spain, Austria ,Egypt and Bulgaria. In 2004, they sold Magic Life and Gulet Touristik to the German tour operator TUI AG, one of the world’s largest tour operators. 

 

Dr Kinay is widely recognized for his  contributions to the travel and Hotel industry, In 1996 he was lauded as Austria’s “Tourism Manager of the Year” and in 1997, as “Man of the Year” and Finally on 2007, he has  been honored with “State Medal Of Austria”.

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News

Turks and Caicos has its own WATERGATE SCANDAL

Turks and Caicos now has its own ‘Watergate’

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Two pages from a document headed “Witness Statement of Shaun David Malcolm”


By Caribbean News Now contributor

PROVIDENCIALES, Turks and Caicos Islands — In an incident reminiscent of the infamous Watergate break-in of the 1970s in Washington, a number of documents claimed to be from the files of the special investigation and prosecution team (SIPT) have apparently been leaked in mysterious circumstances and copies are now being widely circulated among members of the Turks and Caicos Islands public at large. 

Those in possession of the documents have claimed they were leaked from the SIPT but the images seen appear to be more than hurriedly copied pages. It is thought, therefore, that if they were sourced from the SIPT they had to have been physically removed. It has been suggested that the claim that they were leaked or removed from SIPT offices may be a ruse to cover the true source(s).

One of the documents appears to be a witness statement by former Progressive National Party (PNP) backbench member of parliament, Karen DeLancy, which reportedly includes evidence, likely furnished under oath, by the former MP regarding questionable activities of ministers and possibly others related to the administration of her own party.

DeLancy’s name has been circulating as a potential repeat candidate for the PNP in the upcoming election. The appearance of this document might, sources say, affect her chances of being named a PNP candidate.

The other document is a 16-page document described as “Witness Statement of Shaun David Malcolm”, whose signature is said in the document itself to have been witnessed by Alan Hedley. 

Years ago, Malcolm was associated with the PNP and had hoped for a candidacy for that party. Refused, he later left the PNP after Michael Misick took control of the party. Malcolm then began to support the Peoples Democratic Movement (PDM) and eventually became chairman. 

The Malcolm document is dated October 2010, during former Governor Gordon Wetherell’s term of office, when Malcolm was often seen with Wetherell. The copies now circulating have had portions redacted by means of blacked out sentences and words. In that the documents are said to have come from the secure files of the SIPT, questions have been raised as to the purpose of blacking out these presumably sensitive portions. 

On one page, a third party witness’s name has been blacked out, preventing verification of the information sworn to by Malcolm. It is thought locally that the original document, presumably in the possession of the SIPT, would not be redacted in any way.

One portion of the Malcolm document claims that the former PDM government, then headed by Derek Taylor, in preparing for the 2003 election accepted a donation from a named major developer of $400,000. The PDM won that election by a narrow margin but subsequently lost control of the government when a by-election switched two seats over to the Misick-led PNP. 

In a section of the document headed “Jak Civre and the Seven Stars Resort,” Malcolm said, “On an occasion leading up to the election of January 2007, I was riding in a car with Arthur Robinson and Floyd Seymour [then PDM leader] when we passed the Seven Stars Resort on Providenciales. I was aware that prior to the election of 2003 Jak Civre, the owner of Seven Stars, had made a huge donation of somewhere in the region of $400,000 to the PDM, so I thought to ask how much he had donated to the PDM for the 2007 election. Arthur Robinson said it was $20,000. However, I later discovered through a person who spoke to me in confidence that the actual amount was $100,000.”

Another portion of Malcolm’s statement is said to be given over to what is referred to locally as “sour grapes”. Malcolm claims in the document that he was slated to be the appointed member for the 2007 PDM opposition but a late party caucus appointed then Chamber of Commerce president and later elected leader of the PDM, Douglas Parnell. Cheryl Astwood Tull was also reportedly slated for that position after she retreated as an election candidate, having spent a large amount of her personal funds campaigning. 

“Cheryl Astwood Tull was very upset that the second part of her Election Agreement had not been fulfilled and thereby had not become the Nominated Member of the Turks and Caicos Legislature on behalf of the PDM. In retribution she attempted to sue the PDM for not honouring the agreement. She contacted Conrad Griffiths of the law firm Misick and Stanbrook and tried to force those that had entered into the agreement with her to complete the transaction. However, after researching the situation Mr Griffiths advised her that the agreement was not enforceable,” Malcolm said in his statement.

In 2008, Malcolm was known to be the co-founder and a leading contributor of the TCI Journal weblog, which targeted the allegedly corrupt activities of the PNP and Michael Misick in particular.

In the lead up to the Commission of Inquiry, the TCI Journal also began to run articles claiming there were unethical dealings within the PDM. These articles did not disclose the author.

published on 12th March 2012 in Caribbean News Now
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News People

Beyond a Dream.Cem Kinay

Personifying avant-garde brilliance, Dr. Cem Kinay discussed  his passion for life, his unconventional career, and his revolutionary  development at Dellis Cay.

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The formula seems simple enough. Take a private, tranquil island in one of the most enviable places in the world, add the visionary designs of seven world-renowned architects, and, for good measure, toss in a lavish resort hotel with the immaculate guest services of the Mandarin Oriental Group, the finest luxury hotelier in the world. Like any inspired recipe, the components of the  project stand solidly on their own, but in combination, create a stunning masterpiece that will undoubtedly redefine ultra-luxury living in the 21st century. So what is the secret ingredient in uniting porcelain-white beaches, lush vegetation, and the dancing waters of the Caribbean with world-class design and unparalleled service? Enter Dr. Cem Kinay, the man with both the experience and finesse to guide the first design-driven, premium property development company into its chief venture. At the pinnacle of his career, Kinay  presented Dellis Cay, a product of his revolutionary visions and history of flawlessly calculated implementation.

Kinay is a man of strong-willed passion. With deep Turkish roots, Kinay grew up with a first-rate education, strong family ties, and the desire to care for others. Noting the respect and admiration on the faces of his loyal team, it is clear to see the values of his youth have remained steadfast. On a crisp, fall morning, Kinay calmly orders an espresso, but as he begins to speak of his history, disregards the steaming cup and talks fervently, inching toward the edge of his chair, his eyes glowing blissfully with nostalgia. He fondly describes his winding career as a series of three individual chapters. “When you look at my career, each 10 to 15 years, I change. My first 10 to 15 years, I was a doctor; the next 10 to 15 years, I made my hospitality career with Magic Life. Now I have started my career with “Dellis Cay” .

Chapter One: The Conscientious Doctor

“I come from a conservative family. My father was in the Turkish army and my mother took care of three good boys,” Kinay says, smiling. Following in his older brother’s footsteps, Kinay went to Vienna to study medicine at the age of 17. “I wanted to be a good doctor, to help people.” It was by a turn of fate that the hospitality business found young Kinay. His roommate in Vienna, an economy student, presented Kinay his first entrepreneurial opportunity, which he accepted wholeheartedly. “It was mostly his idea that in addition to my job as a doctor, I open a small yacht charter with him in the Mediterranean. So, in the last three years of my specification, until three or four o’clock I’d be working in the hospital, then, I went right to the office.”

Kinay quickly realized that, despite his reliable future as a doctor, he preferred the business world. “Firstly, I liked business, and secondly, even as a young doctor, I always needed to have the last word, and [when I came to the office] I was the boss. I liked this role as boss,” he says with a smirk. Although the decision was far from easy, Kinay was able to feel at peace with his first career shift because he was still caring for people. “As a doctor you are taking care of the body, the people, and in hospitality you are taking care of the soul.” With that, after 12 years of studying and practicing  medicine, Kinay hung up his scrubs and transformed his after-work hobby into a career that would transform his life, and also shift the hospitality industry at large.

Chapter Two: The Hospitality Pioneer

So, with the combination of a healthy imagination and a little elbow grease, Kinay and his partner turned their small yacht charter into Magic Life, the famous European vacation and hotel company. In less than 10 years, Magic Life exploded into 23 hotels, 22,000 beds, 6,000 employees, and more than 500,000 guests per year. With very little experience in the industry, it was Kinay’s strong education and use of the scientific method that enabled him to systematically build his hospitality empire. From observing other companies’ successes, he noted the significance of individualized service and, most importantly, branding.

“We looked at different hospitality companies in Europe, big companies, and how they do it. Then we said, ‘There are a lot of hotels in the Mediterranean, what can we make different?’” On a trip to the Dominican Republic in 1989, Kinay remembered seeing all-inclusive hotel systems and wondering why they had not made headway in Europe. Thus, the Magic Life brand was born: the first all-inclusive European hotel company.

Revolutionizing European holidays would take more than a solid idea, but would require a flawless execution of the all-inclusive systems adapted for the European client. A student himself, Kinay knew the best way to learn is to have the most qualified teachers. He flew experts into Turkey straight from the source. “This system was very different than the classic hotels in Europe because you are giving 24 hours of service. For months I took guys from the Dominican Republic, had them sit down with our Turkish guys and explain their experiences.” From that point on, Kinay successfully opened hotel after hotel, branching into new countries, all while providing consistent service.

“It turned into simple multiplication, a science,” Kinay says.

Besides earning the respect of the worldwide hospitality industry, Kinay’s success with Magic Life allowed him to bring prosperity to his native Turkey.

“Hospitality is a very good way to communicate your country. Twenty years before, only three million people came to Turkey per year, now it’s 30 million.” In addition to Magic Life, Kinay has created two destination management firms, Vasco Company and Discovery Company, and founded both Gulet Touropa Touristik, a tour operating company, and Turcotel and ML Assets, a chain of eight hotels in Turkey. For his contributions and pioneering in the hospitality industry, Kinay was awarded “Man of the Year” in Austria in 1997 and honored with the State Medal of Austria in 2006.

After 10 years in the industry, having transformed into a tremendously astute businessman, Kinay knew Magic Life simply needed more room to expand. Selling 50 percent of his company shares, Kinay joined efforts with the largest tour company in Europe, Germany-based TUI. Four years later, in 2004, after guiding Magic Life’s continued success, Kinay sold the remainder of his holdings in order to realize his next dream.

“I saw that the hospitality business was changing. You look at your success, but as a businessman, you always need to be looking ahead.”

Chapter Three: The Lord of Luxury

Like a shrewd chess player, Kinay had anticipated his next career move for years. From his experience in the Caribbean, he saw the value of unique locations and was inspired by the numerous islands in the region. “I liked the idea of one hotel concept, one island,” Kinay muses. But aside from his desire to develop unique locations, Kinay knew he needed to harness three major trends: mixed-use properties, mounting interest in design, and growing demand for luxury resorts and residences. Never one to take a break, Kinay chomped at the bit to get started on his next mission. “In 2004 we exited Magic Life, and on the next day started O Property Collection,” he says proudly.

In 2005, Kinay and his business partner, Oguz Serim, founded Dellis Cay with a commitment to innovative design and service. Their goal: to become one of the world’s most desirable premium brands by building a global following. They aim to set a new benchmark for lavish living, dubbed on their website as “the rarest living experience on earth.”

Once the groundwork for Dellis Cay  was laid, Kinay wasted no time in finding elite partners to help him realize his dream. With ultra-luxury service at the top of his to-do list, he immediately contacted The Mandarin Oriental Group for management. “One of the main decisions for our business model was that we will not manage. On one side we are design driven, but on the other side, we are service driven and these guys at the Mandarin, they really know their business,” Kinay says of his partnership with the five-star luxury hotel.

Kinay’s vision is so clear for new goal that, even before settling on a location, he contacted the best designers worldwide to work on prototypes for beach houses and villas. With great diligence, he hand-picked an all-star dream team of seven international architects: Shigeru Ban, David Chipperfield, Carl Ettensberger, Zaha Hadid, Kengo Kuma, Piero Lissoni, and Chad Oppenheim. The architects will merge the natural beauty of the island with their individual designs for a unique blend of private residences and villas.

Lissoni, known for his chic, contemporary style, will be spearheading the design for the core Mandarin Oriental Hotel & Residences. “My inspiration was the light,” Lissoni says. “I have tried to have the light going through all the spaces like a blade. The design is sophisticated, but based on simplicity.”

With design and marketing well underway, Kinay worked tirelessly to uncover the perfect location for his first project. For six months, he used helicopters, boats, and a sturdy pair of boots to thoroughly investigate 100 undeveloped properties in the Caribbean. Finally he laid eyes on the 560-acre paradise of Dellis Cay. A pristine island snuggled in the Turks & Caicos archipelago, it is known by locals for its multihued coral reefs, faultless beaches, and dramatic bays. The breathtaking beauty of the island aside, Dellis Cay is also conveniently located just 575 miles south of Miami, 30 miles south of the Bahamas, and 90 miles north of Kinay’s beloved Dominican Republic, perfect for the global jet-setters who will likely represent the core clientele of the prestigious development. Kinay recalls his first time he laid eyes on the island: “I said, ‘That is exactly what we are looking for.’”

Having broken ground in 2008 , Kinay was  well on his way to realizing his dream for Dellis Cay, offering an unparalleled oasis that combines the tranquility of natural beauty with cutting-edge contemporary design, and five-star service that eases the soul.

From insightful doctor to ground-shattering hospitality pioneer, no dream seems too distant and no goal too complex for Dr. Cem Kinay. Taking a moment to sip his espresso, now room temperature, he expresses with humble words the emotion he will feel upon the opening of Dellis Cay. “I am not exaggerating, but on that day when the families with their children are playing on the beach and all the people are there, I believe it will be one of my happiest days.” With the recent expansion of his own family, his first son 4 years old, he will be looking at those first families on Dellis Cay as the realization of his revolutionary vision and an attentive scholar. “I am learning to be a father, these are new experiences for me, but I am a good student, so I will be looking to the other fathers now.” As he finally settles back into his chair, Kinay beams with the pleasure of both a new parent and unstoppable hospitality mogul. Than political blow in Turks and Caicos in 2009  and he stopped the construction and his life dream for a while.

Chapter four should be a good one too,he hopes.

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LIES!LIES AND DECEIT

 

LIES! LIES AND DECEIT

By Royal S. Robinson, MBE,   Royal Robinson was a former Deputy Premier and Minister of Finance and Health in the Progressive National Party (PNP) Administration
By now every free thinking Turks and Caicos Islander has come to the conclusion that Slick “Ric” and his cohorts, ably aided and abetted by Allan Duncan have been grossly misleading the people of the Turks and Caicos Islands as well as the world.
They have told us so many lies, that to chronicle them all would take me into next year. Remember sometime ago I wrote a piece detailing that the Emperor had no clothes. These days it is even worst!
They have been caught with their hands in the cookie jar with respect to the payment of money to SIPT. No amount of spin can get “Ric” out of this one! Lord Nigel Jones was one of the first advocates for getting the British Government to pay for the cost of the investigation as he rightly pointed out.
It was their responsibility as they were the administering power and were culpable and negligent! It was only fair then, that they foot the bill for the investigations of the alleged wrongdoings that went on under their noses.
It was after a lot of “humming and hauling” that they eventually agreed to take on the payment for SIPT’s operation and that of the civil recovery team. All of the expenses that were initially incurred and paid for by TCIG were supposed to be reimbursed to TCIG, and going forward, all bills were to be for the account of the UK Government. Come now, as the saying goes “you can fool some of the people, some of the time, but you can’t fool all of the people all of the time”!
I know that my friend Mrs. Lillian Missick, Chairman of the Consultative Forum was totally irate to find out that having stuck her neck out for the Interim Regime, they were cutting the rug from under her feet.
You might not agree with my friend a lot of times, and we too have our disagreements, but when you deliberately put egg on her face, you can be asking for that other side to surface. Even though she tried to smooth it over a bit for public consumption, her choice of words left no one in doubt as to how embarrassed she was for being taken for a ride by these deceivers. It became abundantly clear to her as to why the budget had to be passed in secret. But you can only hide information for a certain time “T”. As the saying goes, “moon runs all night, but day catches it”! Ric, my boy, the sun is shining on you now more than ever. When you have persons that have been squarely in your corner questioning your truthfulness, you are in big trouble and your time is surely being fast spent.
My people, we, from the beginning had no control of what milestones were going to be required of us to meet prior to elections being had.
We have no control as to the time frame of those milestones, but even more critically, when and if they are b being met. However, it is plain for all of us to see that the one that is hardest to be met if ever, is the one concerning a balanced budget. These so-called experts, have been from their very first time that they arrived in our country manipulating and cooking the books. This is the greatest smoke and mirrors exercise that I have ever seen!
These guys are hell-bent on robbing us blind in broad daylight! There is definitely no reason to get the numbers so wrong, if it is one of your primary objective in taking over this country, is to provide, produce and put us on a path of financially sound management. But alas! These guys have not a clue in hell as to what should be done except to be non-transparent and produce straw men that can be shot down when exposed to the light of day.
The other farce and lie that is being perpetrated on us is the one with regards to the money and land supposedly recovered and reclaimed by the Civil Recovery Unit. I have seen some things in my lifetime, but this simply must be the best.
First of all, the $150M that the Governor speaks of is a figment of his fertile imagination! I have said before and it bears repeating here, because these guys continue to try to mislead us. Persons would have a commercial lease that is discounted by between 50 and 75%. Lack of access to the property, the original prospect of a deal having fallen through, are two of the main reasons why that person does not continue to pay the annual rents. These put the property into an arrears of rent situation and lead to the lease being cancelled.
Once the lease is cancelled, the property returns to the TCIG Crown land inventory. These transactions are now being used by the Civil Recovery unit as being acts of recovery, as if someone did something illegal and there were actual repossession! It is these types of operation that this unit is engaged in, and to make matters worse, they are using this to pad the numbers.
But what is the most atrocious part is that they are billing us for 25% of the valuation of the property. There is no money in the Treasury as a result of this farce, but we have to pay them 25%! No wonder why they have the Treasury on lock. We need not know we are paying for no gain whatsoever. There will be no realization of any money unless and until there is a new arrangement for sale. This would end up as a net loss to TCIG and would be one of the added reasons why the Budget would never be balanced!
Let us for one moment be real. The current CFO has come up with a new and revised deficit projection after there was a hue and cry about the last one. But in light of everyday there being a set of new taxes, their numbers still are not adding up and never will! These guys should be sent to the back of the class. Then good old Allan comes in with this old tried and discounted notion that there are still bill in drawers. That is the lamest excuse that he could come up with for the incompetence of his people on the ground! We are not buying that nonsense anymore! The jig is up! Come clean and roll out. Your most ardent previous supporters are running for cover from your policies and pronouncements!Posted Dec 19 2011 IN TURKS AND CAICOS SUN,the leading newspaper in Turks and Caicos Islands.
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UK Loan fundings through Joe Grant Cay.Is it true?

They are a lot of discussions regarding recovery of Joe Grant through SIPT in Turks and Caicos Islands.

Nobody  would like  to wait the court decisions.

Is it possible to cover the SIPT costs and fundings through recovery of Joe Grant?Is it true or is it only a story to get the people of TCI calm about the  costs and fundings of SIPT?

Or is it an international Scandal?

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 5 months later on November 7, 2008, the former Governor, Hon. Whetherell has executed a Development Agreement with us for the development of the whole island.

What was 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 Cay and Joe Grant Cay, 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 Joe Grant?

We wanted to develop the island with an environmentally friendly small Hotel and then Homes in the natural surroundings. We have retained top environmental engineers from Florida, and we started immediately 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 from the discussions in the past years 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 Inquiry,. whether in relation to Joe Grant’s Cay or otherwise.

Who is you local/belonger partner by Joe Grant?

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 ceremonies of Dellis Cay.Governor Hon. Tauwaree came in the afternoon to this ceremonies,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, Governor HE Gordon Wetherell, 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 inhabited 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 were 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. I trusted to Governor Hon.Tauwahare and later on to Governor Hon.Whetherel.

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 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 comparable 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 value r 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. Our company 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 fgull 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 June 2011? What will happen now?

I received the Turks and Caicos Islands Court’s judgment in June 2011 concerning Joe Grant Cay. I also received TCIG’s Press Release from July 2011. 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 in Turks and Caicos Islands?

Now a new Governor is appointed as you know.His Excellency Hon.Todd is a very positive person and has a new approach for TCI.I will explain him following:

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.

It is also not right,to tell TCI Islander,the government recovered Joe Grant.It is not true.We have still our appeal open and when we will again lose because of the pressure of Attorney General,SIPT,TCI Government etc,we will go to the international courts for this injustice.

God bless TCI.

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News

What is the reality about SIPT Funding?

16 December 2011                                                          

Statement from Chairman Lillian Misick on SIPT costs and funding

Pursuant to my statement during Tuesday’s session of the Consultative Forum I met with the Governor and CFO late yesterday afternoon (15 December) to discuss the costs of and funding for the SIPT and Civil Recovery Programme.

Some of you will have already read the statement His Excellency Governor Ric Todd issued on Wednesday addressing these matters.

In short, he stated that:

1.       Combined costs of the SIPT and Civil Recovery Programme will be approximately $11 million each year;

2.       Both are expected to run for three years;

3.       The total costs (of approximately $33 million) have been abated by a $10 million payment by the UK government; and

4.       The remaining costs (of approximately $23 million) will be paid out of proceeds from the Civil Recovery Programme.

Yet I was constrained to explain to the Governor that, although he adequately laid out the costs and identified what he believes is a potential source of funding, he did not address the cause of the confusion that prevailed in the Forum on Tuesday, or cite what I believe should be the actual source of funding for the SIPT and Civil Recovery Programme.

In short, the cause of this confusion stems from the fact that:

1.       Sir Robin Auld, who headed the Commission of Inquiry that lead to the creation of the SIPT and Civil Recovery Programme,  and Helen Garlick, who heads the SIPT, both expressed grave concern that, if the TCIG were made responsible, the budgeted costs of SIPT would amount to more than 10% of the TCIG’s budget.

Specifically, Ms Garlick warned in November 2009 that this raised the:

“…real prospect that there will be months when the SIPT’s expenses and salaries will be met, whilst [those of] TCIG government servants […] will not. [I]n my view this is wrong in principle [and] it is hardly likely to help us to win and maintain essential public support “;

2.       Ms Garlick persisted in March 2010, even after the UK abatement the Governor referenced in his statement, that:

“I continue to register my extreme concern at the financial position and at the consequences of the fact that, against our wishes, the SIPT is now a major burden upon the budget of the TCIG”; 

3.       The UK Foreign Affairs Committee (FAC) echoed Garlick’s concern in its March 2010 report as follow:

“We share the Special Prosecutor’s concern that there is an important principle at stake as to who should fund the work of the SIPT. The UK Government, having intervened in the Turks and Caicos Islands, has a responsibility to follow through with the required financial commitment. Not to do so would be to risk the UK Government’s credibility in its use of reserved powers… It is unreasonable to expect the small population of the TCI to bear the financial burden, through debt or taxation, for funding the investigation and prosecution of corruption for which they were not responsible. We recommend that the UK Government fully fund the work of the SIPT or risk severely undermining its own credibility in its use of reserved powers, both in the TCI and in all the Overseas Territories”; and

4.       Foreign Secretary William Hague proffered in his March 2011 Ministerial statement that all Overseas Territories should fund their own investigations and prosecutions. But he demurred, instructively, by adding that “this is an exceptional case”, and then echoed the FAC’s concern as follows:

“Most importantly, and mindful of the recommendations of the Foreign Affairs Committee, I have approved a discretionary grant of £6.6m to the Turks and Caicos Islands Government to reimburse the costs incurred in the past year pursuing corruption and violent crime. This is for the Special Investigation and Prosecution Team; related civil recovery work; and the Royal Turks and Caicos Islands Police. My officials have coordinated this carefully with DFID’s work to underpin the Territory’s public finances… Territories should not look to the UK to fund criminal investigations or prosecutions that they are reluctant to pursue themselves. But the burden in this case has been exceptional”.

I explained to the Governor that a fair reading of this Ministerial statement alone could (and did) lead our people to infer that Mr Hague was in fact making an exception for UK funding in our case. Moreover, that, recognizing the UK’s own responsibility for creating the need for the SIPT and Civil Recovery Programme, he intended this exception to last for the full term of their work, not just for one year as the Governor seems to have inferred.

That said, I believe it is incumbent upon UK government officials to reconcile what appears to be confusion within their ranks in this regard. And in so doing, I urge them to heed the admonition of the FAC; i.e., “that the UK Government [must as a matter of generally accepted principle] fully fund the work of the SIPT”.

Which of course means that the UK should pay not with recovered funds it allowed to be ostentatiously misappropriated from our treasury, but with funds from its own treasury. And the members of the Forum and I shall be vigilant in entreating the UK Government to do just that.

Lillian Misick

Chairman TCI Consultative Forum

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