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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.  

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Airports Authority aims for 24-hour airport and announces Scholarship programme

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Dana Malcolm 

Staff Writer

 

 

#TurksandCaicos, April 19, 2024 – In an attempt to move to 24-hour-a-day operations Turks and Caicos Islands Airports Authority (TCIAA) is steadily recruiting Air Traffic Controllers to work at the Providenciales/Howard Hamilton International Airport, according to Godfrey Smith, TCIAA CEO, reporting to the Appropriations Committee.

Speaking on April 8th Smith said a cabinet paper would be sent soon requesting six more Air Traffic Controllers to make round the clock operation at the Provo International possible and to open the airport in Grand Turk till 12 a.m.

Currently, 17 posts are filled and seven are vacant.

Smith was candid with his responses to recent industrial action from ATCs which led to resignations and firings.

“What we have to do is find systems to mitigate such actions and that has to start with filling these jobs, putting people in that want to work and doing right by people – and we always try to do right by our staff. Persons may not think that we are but we always do – we ain’t pick no fight,” he said in the meetings held at the NJS Francis building ahead of the National Budget Communication.

Smith indicated that recruitment was an issue across the board, ‘we need to find ways to recruit a little bit better’ he told the committee. Also in need of a push was capital spending or projects according to the CEO, who said the agency had ‘not been very good’ at meeting that mark but insisted they had recognized the issue and could do better.

A very important key performance indicator drawn up by the TCIAA is increasing passenger satisfaction at the Howard Hamilton International Airport. For the TCIAA part of this means a 30 percent increase in seating by Q2 of this year.

When queried on if they could even handle this increase the CEO said,

“The fact of the matter is we already have the capacity there. What we need is to make the service a bit better.”

Staff shortages have become such a frustrating issue that the TCIAA is instituting a scholarship program created by Authority Chairman, Selvyn Hawkins

“What the board wants to do is basically allocate $25,000 annually for a scholarship and they’ve approved it already.”

This process would cover tuition and all other costs for one student.

The student would return as a summer intern and other breaks to work at the TCIAA and upon graduation, assume a role at the company.

“We identify a particular skill we need, we go after it and we build capacity that is in a nutshell the nexus of the program,” Smith said.

The Turks and Caicos Islands Airports Authority (TCIAA) is allocated $49 million this financial year; over $20 million goes to salaries.

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Flow TCI offers Gigabyte Speeds to Customers

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Company delivers fastest speeds nationwide and boosts service reliability

 

PROVIDENCIALES, TURKS AND CAICOS, APRIL 19th, 2024 – More connections, faster speeds and greater support for customers. This is the promise from communications and entertainment provider, Flow TCI, as it embarks on an initiative to provide households with enhanced connections, greater overall reliability and now, for the first time, speeds up to one gigabit person second.

FLOW TCI Country Manager, Joanne Missick shared: “Our customers are at the heart of everything we do. We listen to our customers and want to exceed their demands, so we are focused on delivering unmatched value with customer centric products and services that are future proof. Flow subscribers on our Fibre Extreme package can now access up to one gigabyte speeds and subscribers on our Fibre Plus and Fibre Max package, as of April 1st, are also now benefitting from up to 5x more speeds.”

This is third speed boost for Flow customers in the last two years. This comes under the umbrella of the the Company’s recently launched “Working for You” campaign, where technicians are going into the neighborhoods across the island to conduct repairs, decommission copper cables, and increase the brand’s visibility in local communities.

“To date several neighborhoods have been served by technicians and the company will continue to go across the islands to ensure each neighborhood receives personal attention. We recognize that over the past few months some customers have experienced issues with the quality and delivery of our services. This is not what we stand for. Flow remains committed to providing technology and innovation that enables growth and positively impacts lives”, says, newly appointed Head of Technical Operations, Simeon Thomas.

Thomas adds, “We have been closely monitoring and reviewing every aspect of our network and there is room for improvement across each of the islands. Where we find shortcomings, we are taking concrete actions and assigning our technicians to rapidly make all necessary adjustments and improvements for our customers”.

Flow has made significant investments in expanding and modernizing its infrastructure and delivering a more robust and reliable network paving the way for the country’s digital transformation.

For more information on speed increases visit https://www2.discoverflow.co/turks-and-caicos/price-adjustment-speed-increase on our website.

Thank you for your usual assistance in sharing our stories.

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Government

Harold Charles, Appointed Member to the HOA, goes out with a Bang 

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Dana Malcolm 

Staff Writer 

 

 

#TurksandCaicos, April 19, 2024 – In an explosive, self-proclaimed, final budget speech to the people of the Turks and Caicos, Harold Charles, Governors Appointed Member is expressing frustration that many Turks and Caicos Islanders are locked out of top jobs in the country and unable to build wealth.

”I’ve been in this country for 50 years and I’ve noticed all those big developments that come in— the majority of [managers]are foreign people. After 50 years, when are we going to have Belongers manage those businesses?” Charles asked.  “I’m upset, I’m frustrated [this is] their home.  They have nowhere else to go—- If we don’t empower our Turks and Caicos Islanders we will never get out of living paycheck to paycheck.”

Charles echoed what thousands of locals have been saying for years about the failure of successive governments to get the economic success in the country on a level that residents can participate in it.  The member maintained that not only were many locals working for scraps overseas and at home, but that it was the prerogative of the government to create avenues for them to move upward.

”I know the government’s heart is in the right place but somehow we’re not getting it together.  I’m talking (about) both PDM and PNPs. It must change.  There are many islanders overseas taking crummy jobs when all this opportunity is in the Turks and Caicos Islands.”

Calling on the government to enforce laws which allow islanders to get a foothold in lucrative industries, Charles maintained that TCIG could not let investors come and do as they liked.

”We have all these big companies making millions.  They brag about how much they’re making, yet how much do they contribute to the development of our people?”

Charles encouraged the government to mandate that locals were hired in the large developments, taking place across the country.

Capital projects and their execution was another issue that the member highlighted

”Over the past three years in office, we seem to be dragging our feet when it comes to the execution of projects,” he said, “the last budget reflected bitter-sweet sentiment.”

The government managed to spend $29 million of a $57 million capital project budget in 2023/24 financial year.

“Mr. Speaker prior, we promised the people infrastructural investment, improved roads, ease with doing business with TCIG, more scholarships, increased home care, a $900,000 special needs school.”

The Appointed member was also frustrated with the amount of money being allocated to crucial areas including the absence of allocations for a special needs school.

”We were promised that no Turks and Caicos Islander would be left behind while I appreciate the government’s commitment to ensuring this. I am concerned that the relatively low level of funding allocated to education and infrastructure may hinder the effectiveness of effort,” The member stressed.

Closing his speech, Charles maintained that it was “crucial that the sectors receive additional support in order to provide citizens with the necessary resources and opportunities for their development.“

Mr. Speaker it is imperative that we allocate our resources adequately and streamline processes to enhance the ease of doing business with the Turks and Caicos Government. We must priortise increasing service delivery capacity in critical departments such as the customer service department, the register of records, the department of motor vehicles and the list goes on,” express Charles.

Charles reminded that there is a growing demand on the services TCIG provides, especially as the country enjoys unprecedented, year on year, exponential economic growth.

Charles alongside Jameka Williams (Government Appointed Member) Willin Belliard (Governor’s Appointed Member number one) and Alvin Garland (Opposition Appointed Member) will very likely be the last set of appointed members in the House of Assembly of the Turks and Caicos as it transitions to a wholly elected parliament.

Harold Charles indicated it was unlikely he would join any leadership race describing the 2024-2025 Budget contribution as likely his final.

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