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TCI COURT PROCEEDING REVEALS MALCOLM FILED TO SHUT DOWN MISSICK’S SHOW; JUDGE THROWS IT OUT

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Wilkie Arthur and Dana Malcolm 

Editorial Staff 

 

 

#TurksandCaicos, October 30, 2023 – UPDATE on Defamation civil case between Courtney Missick, Pastor and Talk Show Host, represented by Senior Civil Attorney Hon. Alvin Garland and Hon Shaun Malcolm, Minister of Health and Human Services, represented by Latisha Williams-Bruce and assisted by Hon. Mr. Willin Belliard; the matter continued on Monday October 30th 2023 at exactly 2:30pm.

The injunction against Missick barring him from speaking about Shaun Malcolm has been thrown out because of insufficient and unsatisfactory filings by Malcolm’s attorneys. The Hon. Supreme Court Justice Mr. Anthony Stephen Gruchot said the respondent/defendant’s application to discharge this injunction has weight. He told Mrs. Williams-Bruce this is your application and you’ve failed to comply with many of the areas required in an injunction proceedings of this nature, as outlined by Counsel for the respondent/defendant.

The judge struck out the injunction and ordered that it be discharged but before doing so he raised it to counsels from both sides, if they had considered an undertaking as we have Mr. Missick here in court today. Both counsels agreed to the Hon. Justice’s approach and there was a short adjournment for counsels to take advice from their clients.

Documents filed last week Wednesday in an attempt to stop the talk show after an edition of the pastor’s show where he addressed Malcolm and his alleged role in the Special Investigation and Prosecution Team (SIPT) investigation. The defamation suit apparently hinges on an exchange on the Monday October 23 episode of ‘The People’s Voice’ where Missick allegedly said:

“Guess who run England, that same the Honourable Shaun Malcolm was the one jump on the plane took the information, same Shaun who is in the PNP party who serving as Minister of Health …we know who went carry what to England.”

Malcolm says these and other statements made which had his phone ringing off the hook, were not only false but damaging to his character, reputation, and standing as a PNP member.

While the injunction filed against Missick is done away with, the two sides did sign an undertaking that is binding and prohibits Missick from speaking about Shaun Malcolm regarding the SIPT investigation.

The Pastor can still discuss Malcolm and his political affiliations with the PNP on his shows outside of this subject as argued by his attorney and agreed by the judge after much thought and consideration.

Additionally Wilkie Arthur, Magnetic Media Court Correspondent, can also confirm having listened to Hon. Alvin Garland’s arguments to the Judge and documents filed and signed by Shaun Malcolm and his legal team that they did in fact attempt to get an injunction completely shutting down the pastor’s popular show.

The filing read:  “THAT I make this affidavit in support of my application for an interim injunction restraining the First and Second Defendants from hosting and publishing their live streaming talk shows on social media known as “The People Voice’ schedule for Wednesday 25” October 2023 and for any future hosting and streaming of the said talk show.”

To that wide extent, it was not granted by the judge as Attorney Garland said would be a violation of Courtney Missick’s constitutional rights.

The case has been adjourned, without date. for proper filings to be completed by the Plaintiff and a date will be fixed for the substantive hearing of the application to be heard fully.

Magnetic Media can say that upon arrival at the court, about an hour early, in anticipation of some difficulty with entering the court, officers at the court said ‘they told us no one would be allowed in for the hearing.’

As an official correspondent for Magnetic Media, this decision did not rest well in such a potentially precedent setting case.  A conference with the clerk to the judge was requested and granted.  At that time, it was asked ‘why is it no one including the media is allowed in the court when the hearing commences?’

The clerk returned shortly after and said she had spoken to his Lordship and confirmed that the proceedings are in open court.

Further to that, when Hon. Alvin Garland was on his feet putting forward his forceful submissions as to non-proper service of the documents on his client nor him, the learned judge then said but how is it that Magnetic Media has the documents?  It was also said by the judge, that ‘I’m confused because Mr. Missick is referring to the documents on his show.’

Mr. Garland still maintained that they were not served or not served properly.

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Facts According to the Turks & Caicos Premier About His Constitutional Amendments    

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What Premier Charles Washington Misick says the proposed constitutional reforms are—and are not.

 

FACT 1: The proposed amendments are not intended to extend the life of Parliament.

According to Premier Misick, his Government did not request longer parliamentary terms and has not sought constitutional changes to keep itself in office beyond the existing electoral cycle.

FACT 2: Cabinet expansion is about governing capacity, not political power.

The Premier says the proposed increase in the number of ministers reflects the growing responsibilities of Government and is intended to improve administration rather than create political advantage.

FACT 3: The Government wants greater local responsibility.

Misick says the constitutional proposals are designed to strengthen the Turks and Caicos Islands’ ability to govern its own affairs while maintaining its constitutional relationship with the United Kingdom.

FACT 4: The Constitution should not become a political weapon.

The Premier argues constitutional reform should be approached as a national issue that outlives individual governments and political parties.

Include his strongest quote on this point.

FACT 5: The Commission process involved consultation.

According to the Premier, the constitutional proposals emerged through discussions with the Constitutional Review Commission and engagement with stakeholders before being presented to the United Kingdom.

Insert his supporting quote.

FACT 6: Government is seeking better governance, not fewer checks and balances.

The Premier maintains the reforms are intended to improve decision-making, accountability and the effectiveness of Government.

Insert his supporting quote.

FACT 7: The Premier says some proposals now being criticized were previously supported.

Misick contends that several constitutional recommendations now under attack had earlier received support across the political spectrum.

Insert the relevant quotation.

FACT 8: The goal is a modern Constitution.

The Premier says the reforms are intended to modernize the Turks and Caicos Islands’ governance framework to better reflect today’s realities and future development.

Insert his closing quotation.

Editor’s Note

This Fact Report summarizes Premier Charles Washington Misick’s explanation of the proposed constitutional amendments as presented in the House of Assembly on July 31, 2026. It reflects the Premier’s stated positions and is intended to help readers understand the Government’s rationale. Responses from the Opposition and other stakeholders will be presented separately.

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“The Contract is The Problem, Not The Hospitals”

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Premier says people deserve the full story as he lays out the cost of the InterHealth Canada concession and Government’s plan to reclaim public control

By Deandrea Hamilton | Editor

Turks and Caicos, August 4, 2026 – PROVIDENCIALES, Turks and Caicos Islands — Saying the public deserved to hear the whole story, Premier Charles Washington Misick laid bare the InterHealth Canada debacle, revealing that more than $827 million has been paid by the people of the Turks and Caicos Islands under the hospital concession while insisting, “the contract is the problem, not the hospitals.”

Delivering what he described as “a full and frank account” to the House of Assembly on July 31, the Premier said the people “deserve honesty. They deserve to understand how we arrived at this moment, what it has cost them, and what this Government is doing about it.” He acknowledged that the opening of modern hospitals in Providenciales and Grand Turk marked “a genuine step forward for healthcare,” but argued that the agreement supporting them was fundamentally flawed.

“The hospitals themselves are an asset. The contract under which they are operated has become an unsustainable burden.”

Turning to the origins of the agreement, Misick relied heavily on the findings of the Commission of Inquiry led by Sir Robin Auld, saying the public must understand why the dispute has become so costly.

“There was no competitive tender. The construction contract was awarded to a company linked to the same ultimate beneficial owner as InterHealth Canada itself — creating, in the Commission’s own words, a closed commercial loop in which public money flowed from the government to one entity and back to the same private interest through another. The Commission found this constituted an unacceptable conflict of interest.”

He continued:

“Those findings had consequences that extended far beyond this project. They contributed directly to the suspension of our Constitution and the imposition of direct rule from London in 2009.”

The Premier said he was not revisiting the history to assign blame but because “the House and the public must understand the nature of the problem we inherited — and why the structural flaws embedded in this agreement from the very beginning have proven so difficult and so costly to resolve.”

Misick also outlined what he described as the staggering financial burden now carried by taxpayers.

“Between 2016 and 2025, this Territory spent $827.8 million on public healthcare. Today, healthcare consumes more than 32 percent of all government expenditure and 8.1 percent of our GDP.”

He argued the concession’s payment model is largely responsible for those costs.

“The operator was reimbursed for its actual costs, plus a fixed margin… That is not a sustainable model for any healthcare system. And it is a central reason why the cost of this arrangement has grown to the levels we are now confronting.”

Looking ahead, the Premier said the Government’s focus is not only on resolving the current concession but also on preventing small island states from facing similar legal and financial burdens in the future.

“We will engage the United Kingdom Government… We will work through CARICOM and the Commonwealth to advocate for reform of international arbitration — to introduce procedural flexibility, development-sensitive interpretation, and affordability safeguards that protect small states from the disproportionate burden that the current system imposes.”

He closed by reaffirming his Government’s objective:

“This Government will resolve the concession. It will reclaim the hospitals. And it will build a healthcare system worthy of the trust that our people place in it.”

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Premier Lays Out Cost of Hospital Dispute

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Misick details legal losses, mounting healthcare costs and Government’s plan to move beyond the InterHealth concession

 

By Deandrea Hamilton | Editor

Speaking during the House of Assembly on Friday, July 31, Premier Washington Misick delivered what he described as a “full and frank account” of the Government’s long-running dispute with InterHealth Canada, revealing that litigation surrounding the hospital concession has already cost the Turks and Caicos Islands approximately $39.7 million and confirming that another arbitration remains before the tribunal.

“The people deserve honesty,” Misick told the House. “They deserve to understand how we arrived at this moment and what it has cost them and what this Government is doing about it.”

The Premier said he intends to table a detailed paper outlining the history of the hospital agreement, the financial figures and the legal decisions that have shaped the dispute.

“I think we owe it to the public to be transparent at all times,” he said. “At the end of the day, they are the ones who are paying for these things.”

Misick stressed that the hospitals themselves have transformed healthcare in the Turks and Caicos Islands, but argued the concession agreement underpinning them has proven financially and legally unsustainable.

“The hospitals themselves are an asset. The contract on which they operate has become unsustainable.”

Tracing the agreement back to 2008, the Premier said findings by the Commission of Inquiry highlighted the absence of a competitive tender process and identified conflicts of interest that, he argued, contributed to the structural weaknesses of the contract.

“I do not rehearse this history to apportion blame across party lines,” Misick said. “I raise it because the House and the public must understand the nature of the problem we inherited and why the structural flaws embedded in this agreement from the very beginning have proven so difficult and so costly to resolve.”

He explained that the concession created separate responsibilities for infrastructure management and clinical services, making accountability difficult to enforce, while the payment model reimbursed costs plus a guaranteed profit.

“This is not a sustainable model for any healthcare system,” he said.

The Premier also disclosed the scale of healthcare spending, stating that public healthcare cost the country $828 million between 2016 and 2025, representing 32 percent of Government expenditure and 8.1 percent of national GDP.

He then outlined the cost of the first international arbitration, saying Government was ordered to pay $18.5 million in principal and interest, $8.2 million toward the company’s legal costs, in addition to arbitration expenses and the Government’s own legal fees.

“The total cost of the territory from the first arbitration alone was approximately $39.7 million,” Misick said. “I want this House to sit with that figure for a moment. Eight percent of our annual budget consumed—not by schools, not by roads, not by housing—but by the cost of resolving a dispute with a private contractor.”

Turning to the second arbitration, the Premier said the tribunal ruled that Government must pay $9.3 million in outstanding invoices, while the substantive arbitration over maintenance, performance and Government’s counterclaims continues.

“In plain terms, the contract requires the Government to pay first and dispute later,” Misick said. He added that the ruling “does not mean the arbitration is over” and “does not mean that the Government’s position on performance has been found without merit.”

Despite the legal setbacks, the Premier maintained that Government remains committed to bringing the concession to an orderly conclusion.

“Over the coming months, we will resolve the concession. We will reclaim the hospitals and build a healthier system worthy of the trust that people place in it,” he said.

While Misick did not elaborate on what “resolving the concession” will involve, he said the objective is to replace what he described as an unsustainable arrangement with a healthcare system that is “publicly accountable, financially sound and built on a foundation that will last.”

Editor’s Note: This report is based on Premier Washington Misick’s statement to the House of Assembly on Friday, July 31, 2026. The Government has indicated that a supporting paper detailing the history, financial figures and legal decisions surrounding the hospital concession will be tabled in the House of Assembly.

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