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TCI: Court Justice reports: Votes Must Count; Two Candidates rank higher, but General Election results unchanged

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#TurksandCaicos, June 10, 2021 – Two All Island Candidates got more votes than the final, official results showed and while this will not change the outcome of the general election, it does change how each person finished historically.  Both Jamell Robinson, an all island candidate on the PNP ticket and Karen Malcolm, an all island candidate for the PDM have moved up in placement because a block of voters were left out and off of their final tally.  This was concluded by Justice Carlos Simons, QC who accepted the request of the Governor to review the complaints of not one, but two candidates from the February 19 national poll.

“…His Excellency the Governor asked me to undertake this effort. Summarizing his email correspondence of 26 April and surrounding conversations, he noted the key objectives to be: a) Maintaining public confidence in the accuracy of the electoral process; b) Understanding the details that underpin Hon. Robinson’s complaint and whether and what remedy is/was available, and if there were courses of action open to him under the Ordinance that he could or should have utilized to ensure that this late challenge was not needed; and c) Produce a Report on this basis or any other basis necessary as befitting a matter touching and concerning the Constitution and the democratic process. 10. A day later His Excellency brought to my attention a similar complaint from Hon. Karen Malcolm and asked that I widen the scope of my inquiry to include that, to which I agreed,” outlined Simons in his report, which was made public on June 8, 2021.

 Justice Simons said Turks and Caicos was fortunate, this time around that the discrepancies in tallies for the concerned candidates did not change the overall election results, but strongly advises that changes be made and recommendations taken on how to ensure this never happens again. 

“We are lucky that in neither case was the diminishment of votes sufficient to affect the overall result of the election for either candidate or for their Parties. And in the absence of any evidence of fraud, it seems to me the proper response would be to see how the system can be made less vulnerable such human errors in the future. Before we go there however, I have been asked to consider what remedies the candidates might have availed themselves of under the Ordinance.”

Simons, a former candidate himself said what was most bothersome to him was that voters who would have wanted their voice to be heard in their selection of a candidate would have been missed out, had the candidates not questioned their individual and cumulative results. 

“The entitlement to vote is provided for by s. 55 (5) of the Constitution and s. 10 of the Ordinance. The issue in play in both cases here is important because each miscounted vote, or uncounted vote represents a denial, or at least a distortion of the electors’ right to choose their representatives in the House of Assembly. The fact that the numbers by which the votes of these two candidates were under reported were not sufficient to affect the overall outcome is not relevant to this fundamental consideration.”

In the case of Karen Malcolm, who was on her second run as an at large candidate; her final results after ballot counting left out all of the people who voted for her in North and Middle Caicos or ED4.  All 39 of the votes cast were left off the tally.  It takes her from the recorded 2,491 votes nationally to 2,530; she finishes in sixth place and as the top performing People’s Democratic Movement candidate; a step up from second. 

In the case of Jamell Robinson, he was shorted 82 votes and the shortfall came in The Bight, ED6.  It makes Robinson, as he had claimed, the second best performing candidate not just for the Progressive National Party but overall; falling second to Washington Misick, with his now confirmed 3,500 votes. 

The Governor in releasing the full report concludes that he accepts the findings and conclusions; explaining Justice Simons did the work pro bono.

“I accept all of his conclusions and recommendations as do the Candidates and the Supervisor of Elections.

Of importance to the two ‘All Island Candidates’, and to those who voted for them in two electoral districts, Justice Simons concludes that: Honourable Jamell Robinson and Honourable Karen Malcolm both polled more votes in ED6 and ED4 respectively than were recorded in the final election results.  The accompanying conclusion is also important because had those additional votes impacted the election results, then the impact would be significant.  That conclusion is however that the number of votes made no difference to the election result, in either case,” said the Governor in his statement on the Election Discrepancies Report.

Suggestions have been made by both Robinson and Malcolm on what “guard-rails” could be established to avoid any repeat and “These improvements will therefore be incorporated by the Supervisor of Elections in future elections,” advised Governor Dakin. 

The Governor reiterated, there was no election fraud and that electoral law is uninterested in the ranking of the five all island candidates; only that the top five finishers be counted as members of the House of Assembly and in this case, fortunately, all five of them are.

“In terms of whether the official election result – in terms of numbers polled – can be retrospectively changed, the answer is that it cannot. As far as electoral law is concerned, the Ordinance is entirely uninterested in the relative ranking of ‘All Island Candidates’ save to say they are either in the top five, or they are not.  They win or they lose. They gain a place in the House of Assembly or they do not.  While Justice Simons does not say it, the fact that such rankings may or may not be important in terms of internal party considerations, is not the concern of the law nor, therefore, the Supervisor of Elections or the Courts who must be guided by it. Justice Simons explains in his report the error made no difference to the election result, and that is all the Elections Ordinance seeks to achieve,” explained HE Nigel Dakin in his June 8 statement.  

Bahamas News

Caribbean Bottling Supports the 27th Basketball Smiles Week  

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NASSAU, Bahamas — Caribbean Bottling Company (CBC), local producers of Coca-Cola and Dasani products, is proud to once again support Basketball Smiles for their 27th year.

Upholding its corporate pillar of community outreach, CBC proudly donated $2,000, over 75 cases of Dasani, Powerade and Sprite, reusable Powerade water bottles and numerous marketing materials.

The annual sporting summer camp offers free basketball and life skills training to Junior and High School students.

Basketball Smiles’ mission of developing leadership qualities while fostering children’s academic achievement and self-esteem aligns perfectly with CBC’s commitment to supporting and empowering youth.

Jazmin Darling, Assistant Marketing Manager for Caribbean Bottling Company shared why the company continues to support this program each year.

“At CBC, we believe investing in our youth is one of the greatest ways to strengthen our communities. We’re proud to support Basketball Smiles each year because it goes beyond the game. This program champions healthy lifestyles, positive values and brighter futures. It’s a privilege to play a role in helping these young athletes reach their full potential each year,” she shared.

Sam Nicholls, Basketball Smiles Camp President and Founder expressed.

“Caribbean Bottling Company is an incredible partner. We are truly grateful for their generous support, which will go a long way in making a positive impact on the lives of our campers,” Nicholls expressed.

CBC is always ready to lend its support toward initiatives and programs that uplift young Bahamians. The impact Basketball Smiles makes on the community is undeniable and is why CBC remains a historic sponsor.

For more information on sponsorship, events and new products, visit www.cbcbahamas.com today.

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Bahamas News

CWS Supports Transforming Spaces with Premium Products and Unique Cocktails

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CWS brand representative for Bottega and Excellsior wines posing with attendees enjoying glasses of Bottega Gold Prosecco at the National Art Gallery of The Bahamas.

NASSAU, Bahamas — Caribbean Wines and Spirits (CWS), The Bahamas’ premier wine and spirits distributor is thrilled to once again lend its support to Transforming Spaces (TS).

CWS is a proud historical partner of the annual art week which highlights Bahamian art and art spaces. Under this year’s theme, “Chasing Light” Transforming Spaces and Caribbean Wines & Spirits created a memorable art experience.

To mark 21 years of the upliftment and exposure of culture and Bahamian art, CWS offered award winning wines St. Francis, Rebellious, Bottega and Excellsior; premium spirits, Cross Keys Gin, El Tequileno Tequila, Angostura Rum and Nemiroff Vodka, along with the newly added Coors Light Beer from its portfolio.

To kickstart the annual art week, CWS delighted attendees with a tasting of globally renowned Bottega Wines at TS’ Poetry Jam, held at ICE Bahamas. Throughout the event, Bottega brand representatives shared tasting notes, ideal pairings, and insights into the brand’s portfolio.

During the highly anticipated Saturday and Sunday tours, CWS showcased its premium products at select art galleries.

Attendees enjoyed Rebellious and St. Francis wines at The Current: Baha Mar Art Gallery and Museum, Bottega and Excellsior wines at the National Art Gallery of The Bahamas, Coors Light beer at the University of The Bahamas Pro Gallery and hand-crafted Schweppes mixes featuring Cross Keys Gin, El Tequileno Tequila, Angostura Rum and Nemiroff Vodka at CAB Gallery & Studio.

Throughout the two-day tour, CWS product specialists enriched the experience by providing a deeper appreciation for their exceptional beverage portfolio.

Members of the Transforming Spaces Committee expressed their appreciation towards CWS’ support after another successful art week.

“Transforming Spaces is deeply grateful for the continued support of Caribbean Wines & Spirits over the years. Their partnership has become such an important part of the TS experience, helping us create welcoming and vibrant moments for our audiences across the tour weekend. From signature wines and cocktail bars to refreshments at gallery stops and pop-up events, their contribution brings an added sense of hospitality, celebration, and connection to the journey through Bahamian contemporary art.” — TS2026 Committee.

Caribbean Wines & Spirits is proud to partner with Transforming Spaces in supporting and elevating the voices and works of Bahamian artists and looks forward to strengthening this partnership for years to come.

To learn more about CWS’ involvement in the community, follow on social media @caribbeanwinesandspirits or visit the website at www.cwsbahamas.com today.

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Government

Government Outlines New Healthcare Vision as Interhealth Exit Accelerates Reform  

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By Magnetic Media Newsroom

 

PROVIDENCIALES, Turks and Caicos Islands — The Turks and Caicos Islands Government says the breakdown of its relationship with InterHealth Canada presents an opportunity to reshape healthcare delivery, with plans to expand local medical services, strengthen primary care and reduce dependence on overseas treatment.

During a national briefing following InterHealth Canada’s notice terminating its hospital contract, Premier Charles Washington Misick acknowledged publicly for the first time that Government and InterHealth had been negotiating an exit from the arrangement for more than a year after what he described as an “irretrievably broken down” relationship.

Despite the contractual dispute, Misick and Health Minister Kyle Knowles stressed that healthcare services will continue uninterrupted during the transition.

“Allow us to do our job,” Knowles appealed, assuring residents that Government is actively managing the transition and safeguarding patient care.

The Premier outlined what amounts to a broader healthcare transformation built around four connected levels of care: strengthened community-based primary healthcare; expanded polyclinic services; enhanced hospital-based secondary care with greater specialist capacity; and overseas tertiary treatment only for cases that cannot be managed locally.

Among the proposals are the long-discussed establishment of intensive care units, expanded use of currently unfinished hospital space, recruitment of more resident specialist physicians and stronger contract management to oversee future healthcare agreements.

Knowles said the new polyclinic model will broaden services available outside the hospitals, including dentistry, ophthalmology, laboratory services, diagnostic imaging, gynaecology and preventative screening, helping to reduce pressure on emergency departments while improving early intervention.

Misick also acknowledged that while the hospital system significantly improved healthcare access after opening in 2010, Government believes further reform is necessary to improve affordability, sustainability and the range of services available within the Turks and Caicos Islands.

The briefing marked the Government’s most comprehensive explanation to date of its plans beyond the InterHealth contract, signalling that officials now see the transition as an opportunity to redesign healthcare delivery rather than simply replace one operator with another.

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