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EXTRAJUDICIAL EXECUTION IN TURKS AND CAICOS ISLANDS THROUGH UK

Democracy is in danger in Turks and Caicos Islands.

In August 2009 Hon.Governor Whetherell brought into force an Order in Council suspending TCI constitution.House of Assembly was dissolved and all representative seats vacated.

Amongst the astounding changes was that the basic right in the European Declaration of Human Rights to a Trial by JURY was also suspended

The sole political power is now Governors,appointed by UK Government.

I have been made a victim of 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”.

Dr.Cem Kinay

 

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Red Notice Issued for Dr.Cem Kinay

 

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Red notice issued for Dr Kinay
Published in SUN TCI on 11th of July 2012
Dellis Cay developer Dr. Cem Kinay says a red notice has been issued for him to be brought back to the Turks and Caicos Islands.
In a press release sent to The SUN from Istanbul, Turkey, said: “After 35 years of successful tourism and real estate investment experience, I have encountered a new experience today. I learned that a Red Bulletin is issued for me to be taken back to Turks and Caicos Islands.  I have been fighting my political and legal struggle with the Turks and Caicos Islands Government since 3 years.”
In March this year, the Special Investigation and Prosecution Team (SIPT) confirmed that an international arrest warrant has been issued for former Premier of the Turks and Caicos Islands, Michael Misick in connection with allegations of corruption and money laundering.
Back then, the Helen Garlick-led Special Investigation and Prosecution Team (SIPT) said they obtained the arrest warrant and a “Red Notice” which was authorized by the International Criminal Police Organisation (Interpol). However, they have not issued any such notice to the media regarding Dr. Kinay, who is known to be wanted for questioning in relation to allegations of bribery allegedly involving Misick.
Dr. Kinay did not elaborate on the circumstances surrounding his red bulletin, but he stressed that he is being victimised.
He stated: “My companies have invested in Mandarin Oriental Dellis Cay and Joe Grant Cay projects since 2005 until August 2009. We were the largest investor of TCI history.  The total investment was going to be around $ 1 billion.  I believed that the unique nature of my development would contribute to the cultural development of the islanders who embraced me with much interest. However, ex Premier Michael Misick’s deteriorating relations with England,  the political conflict between England and Turks and Caicos Islands and the alleged corruption resulted in the intervention of the British government to the island. Misick was dismissed, Parliament abolished, and constitution was suspended.  Our investments came to a complete halt. I lost all I have to the funding banks.”
He added: “The perfectly legal political donation scheme that existed in the islands for many years was turned into a corruption scandal. To prove Misick is guilty, we were chosen as targets. I am a victim of politics, and I am innocent. I did not receive any benefits for any of my political donations. I will continue my defense in the international level.”
Interpol requests are normally issued for the arrest of wanted persons with a view to extradition. An Interpol Red Notice is the closest instrument to an international arrest warrant in use today. Interpol does not have the authority to issue arrest warrants in the formal sense of the word, as this is the domain of the sovereign member states.
An Interpol notice or international notice is issued by Interpol to share information between its members. There are seven types, six of which are known by their colour codes: red, blue, green, yellow, black, and orange. INTERPOL will only issue notices if it is satisfied that all the conditions for processing the information have been fulfilled.
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. He is a Turkish and  Austrian Citizen, Belonger of Turks and Caicos Islands.  In 1987, Magister Oguz Serim, his other Austrian citizen partner, 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 Group.  Magic Life owned and managed luxury properties in Turkey, Greece, Tunisia, Spain, Egypt and Bulgaria.  In 1997,they established a further tour operator, Gulet Touropa Touristik. 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 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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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

[slideshow]

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

 Istanbul,Turkey 29 March 2012

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

 

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

 

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

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

 

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

 

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

 

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

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Turks and Caicos Island’s Watergate Scandal Part 2


By Caribbean News Now contributor,on 26th of March.

PROVIDENCIALES, Turks and Caicos Islands — Following the mysterious leak of witness statements claimed to be from the files of the special investigation and prosecution team (SIPT) in the Turks and Caicos Islands, in circumstances reminiscent of the infamous Watergate break-in of the 1970s in Washington, “Statementgate” continues to be a source of much local interest, with the witness statement of Karen Delancy being dissected both for the information it contains and for the historical scenario the former Progressive National Party (PNP) minister of health describes.

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Karen Delancy

According to Delancy’s witness statement, at one of the first meetings she attended with then chief minister Michael Misick, he laid out a plan to set up an Integrity Commission to investigate the dealings of the Peoples Democratic Movement (PDM), which he said at the meeting was known to be corrupt.

This meeting occurred shortly after the by-election in 2003, when Misick was able to reverse the results of the election earlier that year, which had given a third term to then chief minister Derek Taylor and his PDM party. The election results were close in two districts and Misick claimed that voters had been bribed by PDM operatives. During a court hearing, witnesses confirmed this, which resulted in a by-election that reversed the results, handing the government over to Misick and the PNP. 

Taylor has claimed that the witnesses themselves were tainted, not truthful in their testimony and later were arrested and served prison time for non-related offences (not perjury). This has, however, not been confirmed.

Delancy’s 26-page statement dated June 27, 2011, lays out a story of a regime wherein Misick himself became increasingly dictatorial and was openly critical of Delancy as then health minister for her plans to build two hospitals: one in Grand Turk with 15 beds and one in Providenciales with 40 beds. During the previous PDM administration, Taylor wanted to build one hospital on his home island of Grand Turk.

She also paints a picture of increasing involvement by Dr Rufus Ewing in the management of the health system of the TCI. Most of what was actually occurring was not in conformity with the plans she had laid out as health minister, Delancy says.

“[F]rom the day I took up my post I believe that Dr Ewing opposed everything that I had set out to do,” she says.

She explains from her perspective how she was leveraged out as minister and how the ministry was partitioned and assigned to others, with then deputy premier and finance minister Floyd Hall carrying the title of health minister but only handling the financial aspects of the hospital construction.

The witness statement describes how another former minister, McAllister Minister, Hanchell began to monopolize valuable commercial land acreage near the airport and ports with the goal of installing a fuel tank farm.

Delancy by that time had become a backbencher and claims she was told that backbench members of the House of Assembly were not qualified to obtain the choice land and business assignments being passed out to ministers. 

She then describes what happened after the hurricanes in August-September 2008. She says that in the budget address (April 2008) of that year finance minister Floyd Hall claimed the finances of TCI were in surplus, but surprisingly there were no funds available to deal with the aftermath of the hurricanes. She says the country and the PNP party were angered when then premier Misick ignored the crisis and left the country. 

The twice-elected MP then tells how the parliament became increasingly disappointed in the premier’s management or lack thereof. 

She mentions the motion of no confidence brought before the House by opposition members (Seymour, Robinson and Parnell) but does not describe how the Speaker avoided having the motion acted on. Then she goes on to describe events that ended in the premier’s resignation, saying it was more of a PNP party decision and not one made in parliament. The decision she says involved non politicians Arial Misick and Carlos Simons, who acted as an adviser to those who wanted Misick removed and as a intermediary between the PNP and then Governor Gordon Wetherell. 

She indicates that, in the early stages of the no-confidence move, Floyd Hall was the leader. Then she tells of a meeting between her and Misick, where Misick apologized for treating her badly and offered to make her the first female deputy premier in exchange for her support. Delancy then says that Misick told her that Hall had made more poor deals than he (Misick) had and that Floyd Hall’s relationship with Delroy Howell of Southern Health Network had increased overseas health costs from $10 million to $40 million per year.

According to Delancy, most of the PNP parliamentarians were angry at Misick because they were not included in either the sand mining “deal” to sell sand overseas or other government manipulations. Another former PNP minister, Lillian Boyce, reportedly complained because her husband Hayden Boyce (the editor of the Sun newspaper) ought to have received $15,000 per month as an “adviser” to the government. 

Delancy claims she was stunned when she learned that Lillian Boyce and Greg Lightbourne, who were part of group attempting to remove Misick, “jumped back into bed with him.” (Boyce became deputy premier and Lightborne minister of land.)

According to the Delancy statement, she received campaign donations leading up to the 2007 election of $11,000 in total, from Clive Stanbrook ($1,000) and David Smith $10,000). Only later did she learn that Smith headed a Ponzi scheme, she says.

Delancy says that her second cousin Jen Messam and husband Rex Messam were close friends of David Smith and were also part of a social circle including Floyd and Lisa Hall. Michael Misick, Galmo Williams, McAllister Hanchell and Lillian Boyce were also said to be part of the same group.

Messam reportedly delivered the cheque for $10,000 from Smith to Delancy.

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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