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Attorney General announces new Senior Legal Appointments

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Providenciales, TCI, September 14, 2016 – On Wednesday, July 20, 2016, in Grand Turk, Turks and Caicos Islands, Hon. Attorney General Rhondalee Braithwaite-Knowles announced four new senior legal appointments within the Attorney General’s Chambers.
 
Three new appointments as Principal Crown Counsel saw Mrs. Khalila Astwood-Tatem becoming the first Principal Crown Counsel with responsibility for International matters, Ms. Yaa McCartney as the Principal Crown Counsel with responsibility for commercial matters and Ms. Clemar Hippolyte taking the reins as Principal Crown Counsel with responsibility for litigation.
 First, Mrs. Khalila Astwood-Tatem, a Grand Turk native, practiced for many years in the Bahamas, first as an Associate and then as a Partner at Evans & Co. Now, she returns home to the Turks and Caicos Islands Attorney General’s Chambers, where she became Senior Crown Counsel and then Principal Crown Counsel and lead on commercial matters. Through training and development opportunities, Mrs. Astwood-Tatem has gained quality experience and expertise in commercial law. These include; Development Agreements, land acquisition, public-private partnerships, company law, civil litigation and appeals, industrial relations and employment, probate and wills, real property and conveyancing, personal Injuries. Whilst also offering  legal advice/opinions on a wide spectrum of issues such as; constitutional and administrative law, international compliance, combatting anti-money laundering, and mutual legal assistance.  As lead in this new division on international initiatives which have an impact on domestic law, such as the Caribbean Financial Action Task Force (CFATF) and Exchange of information for Tax Purposes, Mrs. Astwood-Tatem’s experience make her best suited to take on responsibility for responding to international requests; advising on international conventions and agreements and advising on various issues which touch and concern international law and international relations.
Second, the daughter of the Turks and Caicos Islands’ sole national hero, Ms. Yaa McCartney has a legacy of public service.  Ms McCartney joined the Attorney General’s Chambers right out of law school and practiced first as a criminal prosecutor for many years prosecuting criminal trials and appeals in all courts in the Turks and Caicos Islands before rising to the level of Senior Crown Counsel conducting civil litigation before all of the courts and tribunals on behalf of the Government and statutory bodies as well as dealing with complex commercial agreements and advices.  Training and development opportunities have contributed to Ms. McCartney’s skills in the areas of criminal prosecutions, civil and commercial litigation, employment law, advice and opinion writing, and the drafting and negotiation of commercial agreements which will serve her well in her new role as lead on commercial matters.
 Third, Ms. Clemar Hippolyte hails from St. Lucia where she worked first as an Associate at Larcher Barnard & Associates then McNamara & Company thereby gaining a wealth of experience in administrative law, employment law, judicial review, civil and commercial litigation, personal injury, commercial contract negotiation, opinions and mediation before joining the Attorney General’s Chambers as Senior Crown Counsel.  Ms. Hippolyte’s quality experience in litigation matters, especially before the Courts of the Turks and Caicos Islands is a particular asset in her new role.
Finally, as the new Deputy Attorney General, Dr. Michael Dillon is responsible for the management of the legal and administrative work flow within the Attorney General’s Chambers.  Dr. Michael Dillon originates from Dublin Ireland where he authored the first and leading textbook on the law of intoxication, Law of Intoxication as a defence to violent and non-violent offences as an exhaustive and practical analysis of the current law of Ireland, England and Wales, United States of America, Canada, Scotland, South Africa, Australia and New Zealand.
 A practicing barrister appearing on a near daily basis before courts, tribunals and decision-makers for many years in Criminal and Civil litigation, Dr. Dillon brings to the Attorney General’s Chambers in the Turks and Caicos Islands, significant advisory experience involving opinion work.  He has expertise in criminal law especially involving any issue of intoxication or mental disorder, significant Judicial review experience, commercial law including franchise law and breach of confidentiality, mental health law, administrative law, professional negligence, financial services law, personal injuries, human rights and civil liberties, and constitutional law.
Dr. Dillon has worked in Ireland, the United States of America, England and Wales, and Australia.
In announcing these new appointments, the Attorney General said; “Over the last few years we have made great progress in developing the professional staff, legal resources and better service delivery standards in the provision of quality legal work. The professional development of the Chambers continues to improve, along with a solid reputation of responsiveness to the legal needs of the public sector.”
“As the Chambers continues to evolve, the skills of the professional staff in particular will be critical in managing our operational effectiveness.  These individuals bring to their new appointments the experience and expertise needed to meet the challenges of their new responsibilities through proven track records of quality legal expertise in practice, leadership, team building, financial and relationship management.  I am very pleased with the appointments of these new additions to our senior management team.”
 

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Attorney takes us inside the Land Repossession case of Gilbert Selver

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Dana Malcolm 

Staff Writer 

 

George Missick

#TurksandCaicos, May 8, 2024 – Not only did TCIG completely ignore the ruling of the Supreme Court by not complying with court-ordered actions in the Gilbert Selver land case, but they responded with a late appeal outside of the usually acceptable time frame, in preparation to go after other landowners, according to George Missick, lawyer for Selver, as he revealed to Magnetic Media what led to the recent Court of Appeal decision to strip the businessman of his land.

We learned the initial Supreme Court case had been initiated by Selver after years of applying for the vouchers, promised to him in a 2008 offer, to pay for his freehold titles and being given the runaround, and he won.

Missick clarified the facts of that case including that Selver had never been squatting on the land.

“He had permission to be there, the government knew he was there, he had planning permission to put up buildings. He was never a squatter. This case was not about squatting but about whether he was entitled to possession.”

Missick maintained that they have the documentation to prove it.

So why did the government decide to apply for an appeal after missing the requisite period? The answer was shared by TCIGs lawyers, Missick told us.

“They actually filed this appeal late and had to go to the court and ask for permission to appeal ‘out of time’ and one of the things they said in their affidavit when they filed that request was that they wanted to pursue this matter because there were a lot of other people; they’re coming after people’s land.”

Missick explained that the Supreme Court judge held that:

  • The contract offered by TCIG has not expired and Selver was entitled to the land at freehold purchase price.
  • Selver should have been offered the vouchers to pay the fee for his freehold and TCIG should have paid his legal fees.
  • It would have been inequitable to strip him of the land because of the expenditure Selver had already incurred by investing in the land with government knowledge.

The government complied with none of that, Missick confirmed to us.

“How are you upholding rule of law and when the Supreme Court judge made the ruling you’ve ignored it? A declaration was made that Mr. Selver should get the vouchers to pay for his land. We wrote for those vouchers but we never got them. They ignored the judgment, they didn’t pay,” Missick said.

Gilbert Selver

Eventually, despite the late appeal by TCIG, the Court of Appeal overturned the initial Supreme Court ruling.  Missick revealed that as of Thursday, May 2, on behalf of Gilbert Selver, he had begun the process to take the case to the Privy Council and shared why they thought it would succeed.

“We think the decision was wrong in particular as a legal point— One of the fundamental principles that’s been held up before, that only in really extreme or rare cases should the Court of Appeal interfere with findings of fact of a judge below and substitute its own decision for that judge,” Missick said.

After severe public backlash negotiations are ongoing between Selver and officials from the government but whatever the outcome Missick says it will be a watershed moment.

“This decision affects not only Mr. Selver but many other Turks and Caicos Islanders who have been offered land from the government, who built properties so I think it does need to be challenged.”

Missick hopes that the government will rectify the areas of the Crown Land Ordinance that would strip islanders of their property.

“It’s a harsh thing to tell someone— where are people supposed to go and live, what are they supposed to go and do?” He mused.

Missick is also advising residents to hold on to their documents and not rely on government copies to support themselves in their burden of proof.

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Russian Domain commonality in TCI, Caribbean and India bomb threat hoaxes

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Dana Malcolm

Staff Writer 

 

#TurksandCaicos, May 8, 2024 – Airports in five different British Overseas Territories, on Monday, shut down following a series of bomb hoaxes issued over 24 hours in what could be a wider hoax ring affecting schools and airports across India and the Caribbean, connected by their origin point, emails coming from a Russian domain.

It was mostly airports that were affected with the exception of the Ona Glinton Primary in Grand Turk, Turks and Caicos, which received a bomb threat before midday Monday, May 6, and quickly evacuated its students. That email, leveling threats at children, is an escalation of a series of airport threats issued in the hours and days prior.

Affected were Anguilla, Bermuda, The British Virgin Islands, Cayman and the Turks and Caicos Islands which are allo British Overseas territories and which all received the “credible threat” emailed between 4 p.m. Sunday May 5th and 11:30 a.m. Monday May 6th.

In a press release at 11:30 a.m. Monday, the Government of Anguilla revealed that a bomb threat had been made against the Clayton J. Lloyd International Airport. Cayman Police also received an email from  melin.vika@mail.ru early Monday, threatening the national carrier Cayman Airways Limited which they determined was a hoax, there were no reports of any shutdowns in Cayman.

The night before, Sunday, May 5th,  the Bermuda Police Service alerted the Public to an emergency at 8:35 p.m. that turned out to be a bomb threat that delayed a British Airways Flight and diverted an American Airways Flight. Just hours earlier, around 6 pm Magnetic Media reporters received reports of a bomb threat at both the JAGS McCartney International Airport in Grand Turk and the Providenciales International Airport in Providenciales. When we arrived on the scene the airport was being evacuated and planes emptied of people as the Royal Turks and Caicos Islands Police Force (RTCIPF) checked for explosives.

That followed a 4 p.m. scare clocked by The Royal Virgin Islands Police Force about a potential bomb threat at Terrance B. International Airport in the British Virgin Islands.

The threats were made by email according to authorities across the various OTs and while most of the countries were new to the menacing communication, the Turks and Caicos has been experiencing the email hoaxes since Friday, April 26 with a total of seven so far.

All of them were made against various airports except the Ona Glinton Primary threat on Monday, that same day thousands of miles away over 40 schools in Ahmedabad India received emails from an address labeled tauheedl@mail.ru which, while different from the one identified in Cayman ended in the same mail.ru that Indian Officials identify as a Russian server; though officials say the server would have easily been masked using a VPN and may not necessarily originate in Russia.

Like the TCI, India has been struggling with the emails for over a week with over 100 schools having been affected in different areas of the country, especially Delhi since May 1.

All the threats have so far turned out to be hoaxes.

Officials are urging calm across the region as they investigate.

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Collaborative Effort Secures Forfeiture of ‘Marassa Express’, linked to 2023 West Caicos Illegal Migrant probe

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#TurksandCaicos, May 11, 2024 – The forfeiture of the vessel Marassa Express, valued at approximately $120,000.00, has been secured following a recent court decision. The vessel’s forfeiture comes as a result of a meticulously coordinated effort involving the Immigration Department, Customs Department, Royal Turks and Caicos Islands, the Office of the Department of Public Prosecution and the legal representation of The Crown by Dr. Angela Brooks.

The case stems from an intelligence-led operation conducted on West Caicos on 5th February 2023, where 90 migrants were encountered. Following the operation, The Crown successfully prosecuted the defendants, Alexis Georgis and Meralien Merlien, in the Magistrate court.

The defendants were convicted of various charges related to unlawful entry and failure to report to the proper officer. Alexis Georgis was fined $9,500 payable in 14 days or 18 months imprisonment, as well as $3,500 payable in 14 days or three months imprisonment. Meralien Merlien was fined $9,000 payable in 14 days or 16 months imprisonment.

The appeal, heard last week and decided on April 30th, 2024, saw the court dismissing the appeal and confirming the sentences imposed on the defendants.

Arlington Musgrove; Minister of Immigration and Border Services stated, “The forfeiture of the Marassa Express is not just a legal victory; it is a powerful statement of our unwavering commitment to safeguarding our borders and ensuring the integrity of our immigration laws. This outcome sends a clear message to those who seek to exploit our borders unlawfully: there will be consequences, and we will pursue justice relentlessly.”

This successful outcome underscores the effective collaboration between various departments within the Turks and Caicos Islands authorities, highlighting their commitment to upholding immigration and customs laws, as well as ensuring the safety and security of the Turks and Caicos Islands.

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