Dana Malcolm

Staff Writer 

#TurksandCaicos, May 2, 2024 – It’s confirmed, threats were made against Turks and Caicos public officials as emails announced that there were bombs placed at both the JAGS McCartney International Airport and the Providenciales International Airport; four different threats between April 26 and 29; now the lead police official is decrying the actions.

“I unequivocally condemn the actions of those who delight in creating chaos through cyberspace,” said Edvin Martin, Commissioner of Police, on Wednesday as he described the acts as reprehensible.

Flights were delayed hours and passengers were stranded as airlines moved aircraft out of harm’s way and paused flights due to the threats.  Each time, the airports were evacuated of passengers and personnel.  While many believed the calls were a silly “prank”, standard precautions were taken to ensure public safety; it meant a significant inconvenience for travellers.

The police commissioner, in his Wednesday statement, revealed that the country’s public officials had also been targeted in bogus, but serious claims.  Martin stopped short however of informing how those public figures and who specifically was targeted.

“A dedicated team of officers searched the premises and surroundings, but nothing was ever found.  Threats have also been issued to public officials.  The Royal Turks and Caicos Police Force, view bomb hoaxes and threats as wholly reprehensible and aimed at disrupting our community.”

These words did offer some comfort and context for an anxious public, though it took days for this branch of law enforcement to officially speak on the issue.  The threats were yet another smear on the country’s safety record which captured international media attention, as well.

Also coming on Wednesday, about an hour before the public heard from the police chief, a statement from Edwin Astwood, Opposition Leader, who expressed his disappointment with what he described as the air of quiet from the government.

“The individual/ individuals/ organization behind these current threats appear to know well that the Airports are critical hubs of transportation and commerce, hence making them attractive targets to cause harm, sow chaos, or disrupt societal order. This is especially amplified in an archipelago nation and one that the economy is based on Tourism. As such, action is needed by the government, not silence,” he continued, “But the Premier and his team are saying nothing and doing nothing.”

Astwood’s suggestions for a more secure TCI against these threats include, increased cybersecurity measures; Email Threat Intelligence; Enhance Emergency Response Training; Explosive Detection Systems; and Email Authentication Protocols.

Despite this it was  Arlington Musgrove, Minister of Immigration and Border Services, who was the first and only legislative official to comment. His words, shared in an update from the Turks and Caicos Islands Airports Authority (TCIAA) on Monday after the third and fourth emails included:

“We take each of these threats received to our airports very seriously. They are indeed criminal activity carried out through malicious emails, and the Airports Authority is doing everything within its power to ensure that there is increased security surveillance at its airports. They are also working with the police to crack down on these threats.”

The police are credited with taking action right away after threats were issued, clearing airports and doing safety sweeps. Royal TCI Police also provided the all clear notices in each case.

“If you have any information about the identities of those behind these hoaxes, I urge you to come forward and report it,” appealed the Commissioner, he continued, “We are collaborating with our regional and external partners to tackle this issue, our agency will also do everything possible to protect TCI.”

Dana Malcolm 

Staff Writer 

Rachel Taylor, Minister of Education, Youth, and Sport

#TurksandCaicos, May 2, 2024 – Sandals Corporate University is now an official partner of the Turks and Caicos Islands Community College (TCICC) and the two will be working together to create hospitality specific courses to equip students.

During the MOU signing on April 29, Rachel Taylor, Minister of Education, Youth, and Sport, explained the process, describing it as a visionary initiative,

“Through this collaboration TCICC and SCU will jointly develop and implement training content tailored specifically to the needs of the hospitality industry covering crucial areas such as rooms, food and beverage service, field management, watersports and technical and mechanical training.”

The Minister explained that the custom-made curriculum would also be enriched further by experts from Sandals and Beaches Resorts via guest lectures.

In addition to that up to 100 TCICC interns will be placed at Sandals Resorts for experience annually; lecturers at the TCICC will also be given resort experience periodically to make sure that they’re using the most modern teaching methods.

“This is not just a formal agreement but a shared commitment to the future of our people both young and seasoned; and the robust growth of our hospitality and tourism industry,” Taylor said.

She was backed up by Adam Stewart, Chairman of Sandals Group International

“You will have 100% support from my office,” he promised

Adam Stewart, Chairman of Sandals Group International 

Stewart who flew in for the event explained that the idea for a joint teaching space had come about over a lunch of conch chowder with TCI officials, including the Governor, only months earlier.

”The best thing you can do for the people of the Caribbean has got to be education. We have seen time and time again, division by division and island by island across the Caribbean, where we invest in people, we see [returns],” Stewart said.

He highlighted that SCU is the first hotel-led Corporate University in the Western Hemisphere and now connected to the Turks and Caicos Islands Community College (TCICC). Beaches Turks and Caicos is the largest hospitality employer in the country and is currently understaffed and in need of hundreds more workers.

“I’ve never seen an MOU come together faster, I’ve never seen the private in public it to work together in [such] a way which to me signals how serious this is,” Stewart said.

The MOU was signed by Dr Luz Longsworth (on behalf of Sandals) witnessed by Stewart and Washington Misick, TCI Premier.

Attending the event was a host of dignitaries including Dileeni Daniel Selvaratnam, TCI Governor, Jamell Robinson, Deputy Premier and Minister of Physical Planning and Infrastructure Development, Josephine Connollly, Minister of Tourism, other ministers, TCICC  executives and Sandals officials.

#TurksandCaicos, May 2, 2024 – In a unanimous decision, the Court of Appeal of the Turks and Caicos Islands upheld an appeal brought by the Attorney General on behalf of the Turks and Caicos Island Government, overturning the lower court’s ruling and affirming the Government’s position on critical issues involving crown land procedures and the implications of the Crown Land Ordinance. This ruling represents a decisive moment in the legal saga and reaffirms the Government’s commitment to upholding the rule of law and protecting public resources.

On the 29th April, 2022, former Supreme Court Judge, Hon. Carlos Simons OBE KC, ruled in favour of a local businessman Mr. Gilbert Selver who the Crown argued had been in unlawful occupation of three parcels of crown land, namely 60602/429; 60602/430; 60602/431 respectively; ruling that the freehold title to Crown Land parcels 60602/429, and 60602/430 be transferred to Mr. Selver at the 2008 offer prices of $30,800 and $73,5000 respectively. In respect of 60602/431 the Court ruled that Mr Selver was indeed a trespasser. The Crown’s position in the Supreme Court was that Mr. Selver was a trespasser after failing to accept the offers for the sale of said Crown land presented to him prior to the coming into force of the 2012 Crown land Ordinance And after receiving Notices to discontinue the use and occupation of the said Crown Land which said notices had been ignored.

The Crown being dissatisfied with the said ruling, lodged an appeal against the decision of former Justice Simons OBE KC on the grounds that he failed to properly apply the contract principles of offer and acceptance; he failed to consider that the offers made by TCIG was subject to contract, and that he failed to consider the intervening impact of the Crown Land Ordinance which came into force in 2012.

On 26th October 2023, the Court of Appeal heard the detailed arguments on behalf of the Crown and Mr. Selver. Principal Crown Counsel, Civil Ms. Clemar Hippolyte and Principal Crown Counsel, Commercial, Ms. Yaa McCartney appeared on behalf of the Crown as representatives for the Appellant, and Mr. George Missick appeared for the Respondent Mr. Selver before the three- person Appeal panel comprising Hon. Mr. Justice K Neville Adderley (President), Hon. Mr. Justice Stanley John, and Hon. Mr. Bernard Turner.

On 17th April, 2024 the Court of Appealed handed down its decision on the appeal, overturning the judgement in the Supreme Court, and ruling in favour of the Crown. In arriving at its decision, the Court found that, by letter dated 29th October, 2008, the Crown offered Mr. Selver the freehold title to parcels 60602/429 and 60602/430 for the purchase prices of $30,800 and $73,5000 respectively. The Court found that in order to accept the offers, Mr. Selver was required to pay the survey fees and a registration fee. The letter also informed Mr. Selver that he was required to

contact the Crown Land Unit in order to execute the necessary documents. The Court found that Mr. Selver had not immediately acted on the offer and had not accepted the offer of the Crown for the freehold.

The Court of Appeal also held that although the offer remained open by the Crown, time not being stated to be of the essence, Mr. Selver’s unequivocal acceptance was only communicated in 2013 which came after the coming into force of the 2012 Crown Land Ordinance (CLO). The Court of Appeal considered whether the coming into force of the CLO presented a significant change in circumstances which would have impacted Mr. Selver’s ability to accept the offer to constitute a legally enforceable contract. Following the decision of the Privy Council in CMK BWI Ltd. v Attorney General [2022] UKPC 40, the Court held that the date of the acceptance was highly relevant to determining the legality of the contract because the 2012 CLO now dictates the conditions and circumstances of all crown land dispositions. The Court considered section 7(2) of the Ordinance which provides that “Crown land must not be disposed of unless the disposal is authorized by this Ordinance or any other Ordinance dealing with Crown land”, and held that the Crown “could not dispose of the parcels under the previous offers as the Ordinance cerate[d] the legislative framework for the disposition of Crown lands, including restrictions (section 9) and imposition of conditions (sectio10)”. Applying the law to the facts, the Court found that “no validly enforceable contract was entered into between Selver and the TCIG for the purchase of 429 and 430 as the offer to purchase the crown lands were rescinded by the passage of the CLO”.

In allowing the appeal, the Court ordered that:

1. The TCIG is entitled to possession of parcels 60602/429 ; 60602/430 and 60602/431.
2. Selver must vacate parcels 60602/429; 60602/430 and 60602/431 within 90 days from the date of the Order.
3. The TCIG is entitled to all attached buildings and/or infrastructural works on the parcels 60602/429; 60602/430 and 60602/431 attached to the land and no compensation is payable to Mr. Selver.
4. Selver must pay the TCIG’s legal costs in the Supreme Court and in the Court of Appeal .

“We welcome the Court of Appeal’s ruling in this pivotal land case,” stated the Honorable Attorney General Rhondalee Braithwaite Knowles OBE KC, “This decision vindicates our steadfast efforts to clarifying the impact of the Crown Land Ordinance on some of the legacy matters that we are seeking to bring to a close. This judgement, is another helpful decision of our courts that clarifies the Crown Land Ordinance’s governance over the disposition of Crown Land since its enactment. The judgment reaffirms the Government’s authority to act in the best interests of the people of the Turks and Caicos Islands and ensures responsible stewardship of our finite land resources.”

The successful appeal outcome is a testament to the diligence and expertise of the Government’s legal team, whose tireless advocacy and meticulous preparation were instrumental in securing this favorable verdict for the Government. Their dedication to advancing the Government’s case and upholding the principles of justice and fairness have been commendable.

“The Government is very grateful to the Court of Appeal for their thorough consideration of the legal issues at hand and their commitment to delivering just and equitable outcomes” added the Honourable Attorney General. “This ruling provides clarity and certainty for all stakeholders involved and underscores the importance of transparent and accountable Crown Land practices.”