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Quash the DMMO, PDM Supreme Court Motion heard; Judge to bring Decision on December 8

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Wilkie Arthur

Freelance Court Reporter

 

#TurksandCaicos, November 24, 2023 – It was a very bold approach by the Opposition PDM party; an attempt to have the Supreme Court of the Turks and Caicos Islands quash two already passed bills which established the Destination Management and Marketing Organization, DMMO as a replacement to the TCI Tourist Board.

Interesting arguments were laid before his Lordship Hon Mr Justice Chris Selochan on Friday 17th November, 2023 that lasted almost the entire day. Both sides of the argument fought hard in the precedent setting matter which is an application for leave to apply for Judicial Review.

Mr. Garland is also named as one of the two applicants in this matter along with leader of the opposition, Mr. Edwin Astwood, who was not present at the hearing. However, the PDM side and their legal team were noticeably supported by former Tourist Board director and former Tourism Minister, Ralph Higgs and Robert Been, deputy leader of the People’s Democratic Movement, PDM.

At the beginning of the proceeding,  his Lordship immediately reminded both parties, meaning the (applicants and the respondents) attorneys that this is just the “leave” stage of the application, to see if there’s sufficient merit to grant leave for a full judicial review proceedings or a substantive hearing or trial by the calling of witnesses and so on.

He gave the complainants and defendants full liberty to present their arguments, ably and concisely.

The judge said, I’m not rushing you because I said that. His Lordship explained that he was simply reminding them the PDM team and the Attorney General’s Chambers, of the need to tailor their arguments according to the rules relating to “applications for leave” and not a substantive trial. This is just the “leave” stages, he reminded.

Immediately, as attorney George Missick rose to his feet to commence his arguments/submissions on the application for leave, he wasn’t able to get properly started when the Senior Principal Civil Crown Counsel, Ms. Clemar Hippolye rose to her feet in an attempt to stop or halt the entire proceedings on a point of law or clause that outlined certain decisions or ruling or orders made by the Speaker of the House in support of the respondents case or defense, could not be challenged in court unless constitutional grounds or arguments have been laid out in the application before the court.

Hon Gordon Burton, current Speaker of the House of Assembly, who was named in the case for ‘leave’ was present at the proceedings as well.

However, the Judge did not allow Ms. Hippolyte to continue as he said he will hear her in detail on the point after hearing the applicant’s case in full. She will have her opportunity to address the court on its jurisdiction to hear the matter.

Mr. Missick, attorney for the PDM was then called to continue and he without delay dived directly on the point of the judge having no jurisdiction by countering it, in with his first and most forceful point argument of “no public consultation” with respect to the DMMO before passing it into law.

Misick told the judge if we take this in its proper sequence, before the bills can reach the House of Assembly to be voted on and the Hon. Speaker can make an order that may not be challengable by the Court, we must first pass the ground of our argument regarding “no public consultation”.

He said if the court accepts that the applicants have sufficiently provided enough that there should have been public consultant and proved that there was none, to meet the guidelines outlined in the case authorities he provided from The Bahamas and elsewhere, then the issue or the clause or law of the court’s not having jurisdiction to challenge the Speaker of the House orders or decision is irrelevant.

Representing the PNP Government was the Hon. Attorney General Mrs. Rhondalee Braithwaite-Knowles KC (who at no time addressed the court  during the proceedings but was present throughout) and another civil attorney, who had recently joined the Attorney General (AG) Chambers, Ms. Khadija Macfarlane.

They were along with the previously mentioned lead civil attorney Ms. Hippolyte. The Government and the DMMO support team was Hon. Mr. Speaker Gordon Burton; Ministry of Tourism permanent secretary, Mr. Wesley Clerveaux (who also provided lengthy documentary evidence through affidavit), members of the newly established DMMO staff such as attorney, Miss. Sasha Arthur and others.

The AG’s defense on behalf of the Government was there was consultation, they outlined various different meetings with key stakeholders, boards that were established and consultative forums that were set up. They attempted to fortify their arguments regarding public consultation by stating that, at a press conference the media asked questions or a single question regarding the DMMO on one or more occasions. These questions reflected public concern and were answered by officials, satisfactorily according to the AG’s Chambers.

The GOVERNMENT legal team submitted to the Judge that the complainant’s application was wrongful framed and the wordings as to what relief the PDM is seeking is fundamentally flawed. They argued that the application should not have been brought by Hon. Edwin Astwood nor Hon. Alvin Garland but by People who were really affected such as the dismissed Tourist Board staff as they fall within the more appropriate criteria of the law for “sufficient interest” in judicial review proceedings.

The defence said the two members of the House lack sufficient or any interest as would meet the law’s requirement for “persons of sufficient interest” who are entitled to apply for leave to judicial review of any issues concerning the Government.

The AG team further invited the Court to dismiss or strike-out the application because it was filed outside of the statute of limitations; that the three months had already passed when the application made it to the court.

It appears to Magnetic Media that the attorneys for on behalf of the PNP government could not adequately defend against the opposition PDM case, so, they have mounted a serious legal attempt of procedures, timing and legal technicalities to get the case thrown out.

The learned judge did ask, the PDM attorney Mr. Missick to explain to him exactly what you’re seeking if leave is granted.

Missick and Garland addressed the court on this point separately but supportive of each other by stating to “QUASH” the entire DMMO ordinance and DMMO Fee bill 2023, regarding the $10.00 that all traveller’s would have to pay to maintain this new DMMO operation.

He said this must be done because, this government failed to consult the majority or any of the people of the Turks and Caicos Islands regarding the DMMO and the $10.00 DMMO fee,  Missick said.

He spoke of all the persons who lost their jobs by the dissolution of the Tourist Board which has been in existence some 30 plus years. He said tourism is all we have, tourism is everybody’s business.

Ms. Hippolyte did advice the judge that some of the Tourist Board staff have been placed in other government departments, some were handsomely compensated and some are employed by the DMMO.

There was a lot more which could be said from this hotly watched matter and from the day’s hearing from both sides, however the spirit of the arguments put forth are well captured in this piece which gives the public an overview of the full nature of the proceedings.

The judge now has the matter and returns with his decision at 1pm on Wednesday, December 8, 2023.

News

Liberty Business launches in Turks and Caicos Islands

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enabling digital transformation across key sectors and supporting enterprise customers

Providenciales, Turks and Caicos Islands (September 17, 2026) – Liberty Business has officially launched in the Turks and Caicos Islands, signalling the company’s continued transformation and strengthening its commitment to helping businesses navigate digital change, drive growth and build greater resilience.

The announcement was made during a special stakeholder event attended by government representatives, business leaders, industry partners, customers and members of the media, marking the next chapter in the company’s long-standing relationship with the Turks and Caicos Islands.

“Today represents far more than the introduction of a new name. It reflects our continued evolution as a business and our commitment to being a trusted technology partner for organisations navigating an increasingly digital economy,” said Susanna O’Sullivan, Vice President General Manager, Flow North Caribbean, Liberty Caribbean.

“Through Liberty Business, we are bringing together the strength and capabilities of Liberty Caribbean with local expertise to help businesses across the Turks and Caicos Islands connect, protect, innovate and grow. We want to be a partner that understands the ambitions of our customers and works alongside them to create meaningful business value.”

Liberty Caribbean is the operator of Flow, Liberty Business and BTC, serving customers across more than twenty markets in the region.

The launch of Liberty Business builds on the company’s long-standing presence in the Turks and Caicos Islands and its continued investment in communications infrastructure, technology and digital capabilities across the Caribbean.

Today, Liberty Caribbean operates one of the region’s most extensive communications networks, supported by approximately 50,000 kilometres of subsea and terrestrial fibre infrastructure, helping enable resilient, secure and high-performance connectivity across the region.

For businesses, the evolution comes at a time when technology is playing an increasingly important role in productivity, customer experience, cybersecurity, business continuity and growth.

“Businesses today need more than connectivity. They need technology solutions that can help them operate efficiently, protect their information, support their people and respond to change. We are excited to begin this next chapter with businesses in the Turks and Caicos Islands and to work together to build a smarter, stronger, more resilient and more connected digital future,” said O’Sullivan.

Liberty Business brings together an integrated portfolio of enterprise solutions, including advanced connectivity, cybersecurity, cloud services, data centre solutions, managed services, enterprise mobility and unified communications under a single brand dedicated to supporting the evolving needs of business customers.

Also speaking at the launch, Joanne Missick, Country Manager, Flow Turks and Caicos Islands, said the introduction of Liberty Business demonstrates the company’s commitment to evolving alongside the local business community.

“The Turks and Caicos Islands is a dynamic market with tremendous potential, and our businesses are increasingly embracing technology as an enabler of growth,” said Missick.

“From tourism and hospitality to financial services, real estate, construction, professional services and entrepreneurship, organisations are looking for ways to become more efficient, secure and resilient. Liberty Business gives us the opportunity to engage our customers differently – understanding their individual needs and helping them identify technology solutions that can support their ambitions.”

Missick added that the company’s approach is centred on building lasting relationships with businesses and providing solutions that address real-world challenges.

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Education

TCI Schools Invited to Participate in 2026 National Student Council Election

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Providenciales, Turks and Caicos Islands – Thursday, 17 September 2026: The Ministry of Education, Youth, Sports and Culture has partnered with the Turks and Caicos Islands Elections Department to bring an exciting national election experience directly to high school students across the country with the launch of the 2026 National Student Council (NSC) Election.

Held under the theme “Your Voice. Your Country. Your Future.”, the initiative will give students from all 14 public and private high schools the chance to campaign, vote and compete for national student leadership positions, while gaining first-hand experience of the electoral process.

Minister of Education, Hon. Rachel Taylor, said the initiative gives young people a national platform to share their ideas and develop their leadership skills.

“Our young people have ideas, opinions and perspectives that deserve to be heard, and this election gives them a national platform to use their voices in a meaningful way. We want our students to step forward with confidence, share the issues that matter to them and experience what it means to lead and represent others.” She continued, “I am particularly excited to see students from schools across the Turks and Caicos Islands getting involved, supporting their candidates and participating in the voting process. I encourage every school to embrace this opportunity and help us create an experience that our students will learn from and enjoy.”

Each high school will nominate one student candidate to represent their school at the national level. Candidates will campaign for the positions of President and Vice President, sharing their ideas, priorities and plans with student voters across the Turks and Caicos Islands. Both positions will be decided by electronic vote among high school students across the country.

The remaining four positions on the six-member National Student Council:  Secretary, Assistant Secretary, Treasurer and Public Relations Officer. will be determined through an internal vote among the top candidates following the national election.

The election will mirror several elements of the Turks and Caicos Islands’ electoral process. Candidates will choose a party name, colour and symbol, develop a manifesto and campaign slogan, and make their case to student voters. Their names, party information and symbols will appear on an electronic ballot, giving students the opportunity to experience the process as both candidates and voters.

Acting Elections Supervisor Willette Pratt stated that the timing of the initiative is particularly significant as the country continues its focus on civic awareness and youth participation.

“Coming on the heels of Constitution Day and as we prepare to celebrate National Youth Week this September, this is a timely opportunity to put civic education into practice. We want young people to understand that democracy is not only about casting a vote; it is about being informed, participating and understanding that their voice matters. We are excited to see our schools and students embrace the experience.”

Once students are selected and endorsed by their school, candidates must submit a completed Candidate Information Form, a Student Manifesto of no more than 250 words, and a 45- to 60-second Campaign Video PSA introducing themselves and outlining the issues and priorities they hope to champion.

Candidates are expected to campaign fairly and respectfully, focusing on ideas, student issues and their plans as aspiring student leaders. Personal attacks, bullying, false or misleading information, and offering gifts or incentives in exchange for votes are prohibited. Breaches of the campaign code of conduct may result in the loss of campaign privileges or disqualification.

For candidates, it is a chance to share their ideas and test their leadership skills on a national platform. For student voters, it is an opportunity to have a say in who represents them and experience the electoral process first-hand.

With candidate selection underway, the Elections Department and Ministry of Education are looking forward to seeing students step forward, bring their ideas to the campaign and, ultimately, seeing young voters across the country make their choice at the ballot.

The 2026 National Student Council Election is an opportunity for young people to do more than learn about leadership and democracy — it gives them the chance to take part. Your Voice. Your Country. Your Future.

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Health

Know the Possible Warning Signs of Prostate Cancer

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September is Prostate Cancer Awareness Month – which means it is time to watch out for the warning signs. Possible signs include slow urine flow and loss of bladder control — but if this common cancer is caught before it spreads, the prognosis is good.

Your prostate is only about the size of a walnut. But this small gland can cause big problems if left unchecked.

Warning signs of prostate cancer

“Most men with prostate cancer don’t have symptoms at first,” says urologist Christopher Weight, MD. But if you notice certain warning signs, like changes in your pee routine or pain, it’s a good idea to visit a urologist.

Prostate cancer is one of the most common cancers in men. But when it’s found early, it’s also one of the most treatable. Knowing the signs and talking with a healthcare provider about screening could save your life.

So, what should you look out for?

Slow or weak urine flow

Trouble starting to pee — called urinary hesitancy — is common as men get older. You may also notice slow flow or dribbling. Or your flow may stop altogether. The most common cause is benign prostatic hyperplasia. Still, if you experience these symptoms, it’s important to get your prostate checked.

Frequent need to urinate

A frequent and sometimes urgent need to urinate, especially at night, may be a sign of nerve damage or an infection. Or it could indicate that a tumor is putting pressure on your bladder and urethra.

Painful or burning urination

Pain or burning when you pee — called dysuria — is usually linked to a urinary tract infection (UTI). But in some cases, it can signal prostate cancer. This is especially true when it’s paired with other symptoms.

Blood in your urine

Another possible warning sign of prostate cancer is hematuria, or blood in your pee. Though this can be associated with other health issues, including a UTI, it’s worth checking out.

Prostate pain

Unexplained prostate pain — especially when sitting — can be an early sign of trouble. “It might also mean an infection, but only your urologist can say for certain,” Dr. Weight says.

Loss of bladder or bowel control

Bladder or bowel incontinence can happen with age or other medical conditions. But if you’re leaking urine or can’t control bowel movements, talk to a doctor to rule out prostate cancer.

Changes in sexual function

These symptoms can stem from many causes, but they may also signal prostate cancer. Talk to a urologist if you notice:

  • Painful ejaculation
  • Decreased volume of ejaculation
  • Inability to keep an erection
  • Blood in your semen (hematospermia)

Sexual health is a vital part of your overall well-being. So, if something feels off, it’s not just OK to speak up — it’s vital.

Later-stage signs

These symptoms often only appear when prostate cancer has spread:

  • Ongoing pain in your lower back, hips or chest
  • Numbness in your legs or feet

“Of course, there are endless other reasons that your back may hurt or that you have tingling in your toes that are entirely separate from any prostate troubles. But they can also be signs of later stages of prostate cancer,” Dr. Weight clarifies.

Importance of prostate cancer screening

“Since early-stage prostate cancer doesn’t cause symptoms, many men don’t know they have it,” Dr. Weight notes. “That’s why regular screening is so important — it helps catch prostate cancer early, when treatment is most effective.”

A healthcare provider may recommend screening if you’re between the ages of 55 and 69, or earlier if you have a family history or other risk factors.

Screening might feel uncomfortable to think about, but skipping it could mean missing a chance to catch prostate cancer early, when it’s easier to treat.

“A simple blood test, often followed by a physical exam if needed, gives your doctor important information about your prostate health,” Dr Weight says.
Early detection doesn’t just improve treatment options — it can also give you peace of mind.

Lower your risk of prostate cancer

“You can’t do anything about some of the risk factors for prostate cancer, like age or family history,” Dr. Weight recognizes. “But you can make lifestyle choices that support a healthier prostate.”

These small steps may make a difference:

  • Get regular prostate screenings.
  • Maintain a healthy weight.
  • Exercise regularly.
  • Eat a nutritious diet.
  • Quit smoking.

“When prostate cancer is diagnosed before it spreads to other parts of the body, about 99% of people live at least five years after diagnosis,” he continues. “But the survival rate is much lower if the cancer has spread.”

That’s why it’s so important to stay proactive. Regular screenings, healthy habits and paying attention to changes in your body can make all the difference. Talk to a provider about the right plan for you.

CREDIT: CLEVELAND CLINIC

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