Categories
Think BIG.Abraham Lincoln
Tag: TURKSJOURNAL
Michael Eugene Misick, LLB
Former Premier, Turks and Caicos Islands
———————————————————————————————-
Wednesday 18 April 2012
Her Excellency, Navanethem Pillay High Commissioner for Human Rights
Office of the United Nations High Commissioner for Human Rights Palais Wilson
52 rue des Pâquis
Ch-12011 Geneva Switzerland
Dear Madam Commissioner,
SEEKING OHCHR INTERVENTION IN TURKS AND CAICOS POLITICAL SITUATION
I am the former Premier of the Turks and Caicos Islands, a country located in the Caribbean and which is a colony of the United Kingdom.
I would like to bring your attention to, and seek your assistance regarding,a number of human rights violations that have been taking place in the Turks and Caicos Islands in general, and to me and some of my former Cabinet ministers in particular, because of the stand taken by our political party,the Progressive National Party (PNP), and my Administration which was in office from 2003 to 2009, on advancing and achieving independence for our country.
The violations have been conducted by the British Government and their Interim Administration in the Turks and Caicos Islands.
It is my submission that their actions contravene the UN Universal Declaration on Human Rights plus a number of other international conventions to which the British are a signatory.
BELOW ARE EXAMPLES OF THE CONVENTIONS THAT HAVE BEEN VIOLATED
(1) UN Universal Declaration on Human Rights
Article 2 states: “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race,colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.”
In my view, the British Government has violated this article. They have discriminated against the citizens of the Turks and Caicos Islands because of the colour of their skin and because of our status as a colony. They have also discriminated against the Turks and Caicos Islands citizens because of our desire to seek self-determination. They have taken away a number of our rights under this declaration or refused to grant us some.
Article 7: “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.”
Article 8: “Everyone has the right to an effective remedy by the competentnational tribunals for acts violating the fundamental rights granted him by the constitution or by law.”
Article 10: “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.”
Article 11(1): “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial a which he has had all the guarantees necessary for his defence.”
Article 11(2): “No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.”
Article 12: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.”
Article 17: “(1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property.”
Article 19: “Everyone has the right to freedom of opinion and expression;this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
Article 20: “(1) Everyone has the right to freedom of peaceful assembly and association.” (2) “No one may be compelled to belong to an association.”
Article 21: “(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (2) Everyone has the right of equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”
(2) The International Covenant on Civil and Political Rights
Furthermore, the British Government and by extension the Interim Administration, are also in violation of The International Covenant on Civil and Political Rights.
Article 1 reaffirms the right of self-determination; Article 14, the right to a fair hearing; Article 25(a), the right and opportunity to take part in the conduct of public affairs, directly or through freely chosen representatives, and Article 25(b) grants the right to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.
In the Turks and Caicos Islands we have not had elections for almost 3 years, although they were constitutionally due two years ago. As such, for the past 3 years the islands have been a virtual dictatorship, operating without an elected government.
Furthermore, the British-appointed Governor has sole executive and legislative powers and in addition, he appoints the Prosecutor and all of the Judges, who have no security of tenure and therefore rely on the Governor and the British government to renew their contracts, creating automatic room for abuse.
(3) UN Charter
In addition, the British are in violation of the UN Charter.
Chapter 1: Purpose and Principles. Article 2. “To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of people, and to take other appropriate measures to strengthen universal peace.”
Chapter XI: Declaration Regarding Non-Self-Governing Territories. Article73. “Members of the United Nations which have or assume responsibilities for the administration of territories whose people have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:
(a) to ensure, with due respect for the culture of the people concerned, their political, economic, social, and educational advancement,their just treatment, and their protection against abuses;
(b) to develop self-government, to take due account of the political aspirations of the people, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its people and their varying stages of advancement.”
For countries that have adopted the International Covenant on Civil and Political Rights, the first Optional Protocol to the Covenant gives the option of recognizing the Human Rights Committee as qualified to receive and examine communication from individual people. When people or groups of people have exhausted local remedies, the Protocol allows them to petition the Committee directly about their government’s alleged violations of the Covenant.
EXAMPLES OF THE SPECIFIC VIOLATIONS AND ABUSE IN THE TURKS AND CAICOS ISLANDS
In the Turks and Caicos Islands, we are faced with the following:
1. Denial of our right to self-determination and our right to freely and without fear conduct open national debate in that regard.
2. Denial of our right to hold free and fair elections.
3. Denial of our right to fair trial.
4. Denial of our rights to freedom of expressions and assembly.
5. Introduction of retroactive criminal legislation with the view of securing convictions.
6. Persons were compelled to testify against themselves at a Commission of Inquiry and that information was subsequently used to charge individuals. This is a violation of Article 14 of The International Covenant on Civil and Political Rights.
7. There is no independence of the Judiciary:
a. The Governor is the sole authority in the colony in that he is the sole person that makes executive decisions, he alone makes legislation and he alone appoints the Prosecutor and the judges. The current governor is RicTodd.
b. Governor Ric Todd has said at a public meeting that all of the accused former ministers are guilty and will be convicted.
c. Furthermore in an article that appeared in the Miami Herald online on the 9th of April, Governor Todd was quoted as saying that “the elected government has deliberately and systematically stolen the assets of the people of the TCI for personal gains”.
In this light, I and former Ministers who have been accused of corruption can never get a fair trial. How can we ever get a fair trial when the person that has the sole power to appoint the Prosecutor and judges in the colony is making such pronouncements before a trial?
8. There is also interference with the right to a political life,with Governor Ric Todd and his Attorney General Huw Shepheard bringing legal action to unlawfully confiscate our party headquarters and to demolish it.They are systematically trying to eliminate my party, the PNP, from the political life in the Turks and Caicos Islands by arresting and charging most of the senior members including the new Leader who is a lawyer who has never one day served in any Government in the Turks and Caicos Islands. It is my belief that the reason for this is to silence the party because its public stance has been to seek independence from Britain. It is also my belief that despite the public stance of Britain about liberty and equality for all, it is their desire and objective to retain the colonies and to pursue a purely commercial ambition from them without regard for the human rights and political will of the populations in those countries. It is well known that the British territories in the Caribbean have natural beauty and sunshine, excellent tourism opportunities and many prospects in terms of financial services, all of which can be turned to ultimate profit for the British. It is further my belief that as the British economy nose dives in the world recession, Britain is taking an opportunistic position in relation to its colonies and former colonies purely for commercial and financial gain, ignoring the harmful effect of their actions on those countries and their people.
9. The Governor has abused his powers and has had land confiscated from individuals who received land lawfully.
10. Abolishing of our right to trial by jury in order to secure convictions.
11. The Governor has changed a number of laws and procedure and has made it retroactive in order to secure a conviction of the persons accused.That is why he can speak with certainty that we will all be convicted. If a crime was truly committed why could the accused not be tried under the system that has tried thousands of prior cases. Why change a whole legal system to convict persons on charges that are politically motivated?
It is my submission that the whole Commission of Inquiry, the criminal charges, the change in the laws, the abolishing of the jury system, the suspension of elected government in the colony was all because my party and I seek to move our country to independence, which Britain does not want, for the reasons mentioned further above.
The best way for the British Government to stop my party’s movement was to drum up charges of corruption. That would allow the Governor to make the changes that they have made to secure a conviction against me and my colleagues. More disturbingly, charges of corruption are emotive and frightening to the people. These charges allow the British government to pursue almost any device in order to secure a conviction, including the suspension of democracy.
In summary we are being politically persecuted because of our political belief, being that we want to live in an independent Turks and Caicos Islands. Moreover, the political persecution is also set in a context of apparent racial superiority, on the part of the British.
The above are a number of human rights violations that have been inflicted upon the people of the Turks and Caicos Islands, a colony of the United Kingdom. The United Kingdom as a permanent member of the security council has an added responsibility to uphold international laws and treaties especially those involving human rights. It is a blatant double standard when they talk about human right abuse and violations in other parts of the world and they themselves are chief offenders in their colonies.
I am therefore asking your good office to intervene as a matter of urgency and to ensure that every country complies with their international obligations no matter how powerful they are.
I end by quoting Martin Luther King Jr: “Injustice anywhere is a threat to justice everywhere.”
I remain, Yours sincerely,
Michael Misick
Former Premier
Turks and Caicos Islands
By Vivian Tyson
Clergymen Rev. Dr. Conrad Howell said that the people of the Turks and Caicos Islands have been tricked by the United Kingdom Government, who was now ruling the country in an autocratic fashion.
Speaking at the Progressive National Party (PNP) rally the party headquarters on Airport Road on Friday, March 30, Howell said that Turks and Caicos Islanders had seen critical parts of their lives changed “with the stroke of a pen”.
“We have seemed, since 2009, to be governed by persons, who have no real appreciation for what we have achieved or our way of life. And to borrow from a current phrase in the Bahamas right about now, ‘truly, we have been had, bamboozled, run amok and lied to’. We saw systems, industries, policies and ideals changed by the stroke of a pen. Institutions that we held sacred and thought were blind, now seem to be biased and bent away from justice.”
Everything about our Turks and Caicos, has changed so much that it almost appeared foreign. And what seemed unimaginable and absolutely impossible only a half decade ago has shattered our vision and almost obliterated out dreams. The dismal cloud which contains the removal of our rights to representation, the oppression of our people and the denial of real participation in governance of our country – that is the absence of democracy and imposed autocracy and the determination to rewrite, with limitation, a future for Turks and Caicos, cannot be tolerated any longer,” Howell insisted.
Howell emphatically stated that based on their treatment from Britain, the TCI people should not stop at ensuring a return to elected government but to aim for the self-determination target.
“While we prepare for elections, it cannot be the goal. Elections must only be the method utilized to achieve our goals, being backed by a firm determination, to secure the rights of the people of the Turks and Caicos Islands; the preservation of their freedom, recognizing the supremacy of God, with a national commitment to self-discipline, patriotism, unity and an abiding respect for Christian values and the rule of law,” he said.
He also stated that Islanders should pledge a commitment to diversify the country through sustainable social, educational and economic development in the people’s interest, while embracing persons and opportunities that shared the common goal of Turks and Caicos Islands’ people. The clergyman also pointed out that Turks and Caicos Islanders should apply any means necessary to safeguard itself from all forms of the threat to its existence, whether domestic or foreign.
“While we prepare for elections, it cannot be the goal. Elections must only be the method utilized to achieve our goals, being backed by a firm determination, to secure the rights of the people of the Turks and Caicos Islands; the preservation of their freedom, recognizing the supremacy of God, with a national commitment to self-discipline, patriotism, unity and an abiding respect for Christian values and the rule of law,” he said.
He also stated that Islanders should pledge a commitment to diversify the country through sustainable social, educational and economic development in the people’s interest, while embracing persons and opportunities that shared the common goal of Turks and Caicos Islands’ people. The clergyman also pointed out that Turks and Caicos Islanders should apply any means necessary to safeguard itself from all forms of the threat to its existence, whether domestic or foreign.
“I am determined to see to the achievement of the desired goal of Turks and Caicos, and to secure the same by any God-given means. We stand at the beginning of what is now a new opportunity to shape our destiny, and we must do so vigorously. The days at hand, our initiative must be urgent because procrastination is exceedingly costly. We have survived in, and enjoyed these Turks and Caicos (islands) for the last 300 years, and know what it takes to make it work,” Howell emphasized.
He continued: “At the UN Conference last year, I put it this way, ‘since we have had to do it for the last 300 years and since that the metropolitan cities, especially that of London think that they know best for us; one size does not fit all’. If we had learned how to survive on these rocks, then we ought to know to move it forward. We know how to make Turks and Caicos move ahead. Further, we found that Turks and Caicos only moves ahead when Turks and Caicos Islanders are making the necessary decisions. We have to do what we must, so that we can achieve what we desire.”
He continued: “At the UN Conference last year, I put it this way, ‘since we have had to do it for the last 300 years and since that the metropolitan cities, especially that of London think that they know best for us; one size does not fit all’. If we had learned how to survive on these rocks, then we ought to know to move it forward. We know how to make Turks and Caicos move ahead. Further, we found that Turks and Caicos only moves ahead when Turks and Caicos Islanders are making the necessary decisions. We have to do what we must, so that we can achieve what we desire.”
published in SUN,Turks and Caicos Islands on 17th of April 2012
Former Progressive National Party (PNP) Member of Parliament Wayne Garland said that Turks and Caicos Islands people have allowed themselves to be brainwashed by the British into mounting a campaign geared at crushing each other to the detriment of the country.
Garland made the statement at the PNP rally held at the party’s headquarters on March 30, 2012, where he was one of the speakers.
“We, as a people; we, as a country have been oppressed for the last three and a half years. We have been seriously oppressed, but what I want to talk to you about is about us a people coming together, and also, as a people standing up for one another. We are not being what we used to be – having one another’s back. It doesn’t matter whether you are PNP or PDM, the most important thing for us is that, we are Turks and Caicos Islanders.
“Over the last three years, we have backstabbed, we have backbite, and we talked about one another. We only wanted to see who are going to be arrested. We only wanted to see who are going to be put in prison. But let me tell you something, when we start to wish hate on one another, we are wishing hate on ourselves.
Every single one of us, from Salt Cay, way down to West Caicos, interlocked one way or the other. We have ties by family one way or the other. So every time you wish hatred on one, we wish hatred on our own. If we are going to move ahead as a progressive nation, we need to let go of the hate. We need to let go of the hypocrisy. We need to let go of trying to backstabbing one another and this genuine hate for one another,” Garland warned.
Garland told reminded the gathering that Turks and Caicos Islanders once banded together despite political affiliation, but in recent time they have allowed a cutthroat attitude to fester among them, causing the country great pain.
“We are one people. We are our brothers’ keepers. It doesn’t matter whether you are blue, brown, purple or green; we are one people. We used to live well, what happened? We allowed some British oppressors to come in and drive a spear between us and separate us as a people.
“Now look at it, whose living good? Who is living in Grace Bay in high-rises? Who can go to the stores and buy the best quality foods? We used to be like that, we can be like that again, but like I say, we should be willing to make some sacrifices,” he implored.
Injecting a bit of biblical flavor into his presentation, Garland stressed that the torrid period that the TCI was currently going through paralleled to that of the 40 days of testing that Jesus Christ went through during what is now known as the Lenten season.
“We have been tested for the last three and a half years. We have been prosecuted for the last three and a half years. It is now time for us to open our eyes and be resurrected. It is time for us to stand and take our country back. It is time for us as young people not to sit back idle anymore, but should be able to look anybody in the face and say ‘this land is ours, and we are going to take it’. Don’t be afraid, young people,” Garland pleaded.
Garland also blasted the Attorney General Chambers for making attempts to seize and destroy the PNP Headquarters, while emphasizing that any attempts to yank the structure from that party would be fiercely resisted.
“This building behind us is an institution, this is a mark, this is something that a lot of blood, sweat and tears went into. This is a symbol for us as a party, and I will be damned if any white man or British oppressor think they can come here and take it from us. It will be a cold day in hell first. Nobody is going to mess with this institution…this belong to us.
“Today, it may be the Progressive National Party Headquarters; tomorrow it could be the PDM Headquarters. Today it could be ‘Ma Jane’s shop down the road’, the next day it is going to be ‘Sister Ashley’s house up the street’. We have to open our eyes and see what they are doing to us. They are pitting us one against other,” Garland told the audience.
published in SUN,Turks and Caicos Islands on 17th of April 2012
Categories
Total FREEDOM
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
|
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. |
|
|
published on 10th of March 2012 in Caribean News Now |
|
| Turks and Caicos now has its own ‘Watergate’ | |
Two pages from a document headed “Witness Statement of Shaun David Malcolm”
published on 12th March 2012 in Caribbean News Now |
|