Connect with us

News

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

Published

on

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

PAY FIRST. QUESTION LATER.

Published

on

Premier explains costly arbitration lesson after years of legal battles over InterHealth Canada bills

 

By Deandrea Hamilton | Editor

PROVIDENCIALES, Turks and Caicos Islands — The Turks and Caicos Islands has learned the hard way that when it came to the InterHealth Canada hospital agreement, successive governments could question the bills—but they still had to pay them first. It is an expensive lesson which has cost the country tens of millions of dollars in arbitration, legal fees and disputed invoices, and one Premier Charles Washington Misick finally laid out in detail during a ministerial statement in the House of Assembly on July 31.

A day earlier, the Progressive Democratic Movement (PDM) had stunned the country with its own assessment of the hospital arrangement, saying nearly $1 billion had already been spent under the agreement, approximately $60 million remained outstanding on the original hospital loan and a fresh arbitration exposed taxpayers to even more financial risk. Opposition Leader Douglas Parnell warned that time was rapidly running out.

“There are only 80 days remaining before this agreement expires. This crisis is happening now, and I’m not going to allow this present healthcare crisis affecting the people of these islands to be brushed aside or buried beneath arguments about decisions made nearly 20 years ago or statements of false comfort.”

On Friday, the Premier responded with what he described as “a full and frank account” of the hospital project and the Government’s handling of the dispute.

“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.”

While Premier Misick disputed the Opposition’s estimate of the Territory’s current arbitration exposure, he did not dispute that the legal battles have come at an extraordinary cost. Instead, he disclosed that the first arbitration alone cost the country approximately $39.7 million in damages, legal fees and arbitration expenses, while confirming that a second arbitration remains active and that the Government has already been ordered to pay approximately $9.3 million in disputed invoices as that case continues.

The Premier explained that the costly cycle was built into the agreement itself.

“The concession agreement required Government to continue making payments while disputes proceeded to arbitration,” he told Parliament, explaining that the legal framework effectively required the Government to pay first and dispute later.

For many watching, the Premier’s statement was the first detailed public explanation of why taxpayers continued paying millions while the Government simultaneously challenged the invoices in court and arbitration.

Looking ahead, Misick made it clear that the Government’s focus is no longer only on defending lawsuits but on ending the arrangement altogether. He said an active transition is underway to return the hospitals to public control while also seeking reforms to international arbitration rules that he believes unfairly disadvantage small island states facing complex commercial disputes.

The Premier closed by setting out what he said is the Government’s objective for the future.

“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.”

Whether that plan ultimately succeeds remains to be seen. But after years of legal battles, arbitration rulings and mounting public concern, the country now has its clearest explanation yet of why the bills kept coming—even while they were being disputed—and what the Government says it intends to do to finally bring one of the Turks and Caicos Islands’ most expensive public contracts to an end.

Continue Reading

Education

Dr. Candice Williams Appointed First Vice-President of Regional Higher Education Association  

Published

on

ACHEA Executive Team 

Providenciales, Turks and Caicos Islands 5 August 2026 — Dr. Candice Williams, President and Chief Executive Officer of the Turks and Caicos Islands Community College (TCICC), has been appointed First Vice-President of the Association of Caribbean Higher Education Administrators (ACHEA) for the 2026–2028 term.

The appointment followed elections held during ACHEA’s Annual General Meeting on 2 July 2026 at the Breezes Resort & Spa in Nassau, The Bahamas. The newly elected Executive officially assumed office on 1 August 2026.

ACHEA is a regional professional association that brings together higher education administrators and professionals from institutions across the Caribbean. The Association provides an important platform for regional collaboration, professional development, knowledge-sharing and the advancement of effective leadership and administration within the higher education sector.

This year holds special significance for the Association as ACHEA celebrates its 25th anniversary, marking a quarter-century of service to higher education leadership and institutional development across the region. The milestone reflects the organisation’s sustained growth, expanding influence and continued commitment to strengthening tertiary education systems throughout the Caribbean and beyond.

Dr. Williams’s appointment as First Vice-President represents a significant professional achievement and a proud milestone for TCICC and the wider Turks and Caicos Islands. It positions the country’s higher education leadership at the forefront of regional dialogue and initiatives aimed at strengthening institutional governance, improving administrative practices and addressing emerging priorities within Caribbean tertiary education.

In her role as First Vice-President, Dr. Williams will support the President and Executive in advancing the Association’s strategic objectives, strengthening engagement among member institutions and contributing to initiatives that promote excellence, innovation and sustainable development throughout the regional higher education sector.

The Honourable Rachel Marshall Taylor, Minister of Education, Youth, Sports and Culture, congratulated Dr. Williams on the appointment, noting that her elevation reflects both her distinguished leadership and the growing influence of the Turks and Caicos Islands within the regional education community.

“On behalf of the Ministry of Education, Youth, Sports and Culture, I extend heartfelt congratulations to Dr. Candice Williams on her appointment as First Vice-President of ACHEA. This achievement is a testament to her exemplary leadership, professionalism and unwavering commitment to the advancement of higher education. Her appointment is also a proud moment for the Turks and Caicos Islands, as it ensures that our national perspectives and experiences will continue to contribute meaningfully to important regional discussions. We are confident that Dr. Williams will serve with distinction and make a valuable contribution to the continued growth and development of higher education administration throughout the Caribbean.”

Following the Minister’s remarks, Mrs Sheba Wilson, Chairman of the Turks and Caicos Islands Community College Board of Govenors, also commended Dr. Williams’s appointment, highlighting the broader institutional and regional significance of her leadership role.

The Chairman reflected on the importance of sustained representation at the regional level and the College’s growing engagement within Caribbean higher education networks.

“Dr. Williams’s appointment to the ACHEA Executive is a clear reflection of the calibre of leadership we are fortunate to have at the Turks and Caicos Islands Community College. It also underscores the increasing visibility and respect that our institution and country are earning within regional higher education circles. We are especially proud that TCICC continues to contribute meaningfully to shaping conversations that influence the future of tertiary education across the Caribbean.”

Dr. Williams’s appointment also reinforces TCICC’s commitment to strengthening regional partnerships, sharing institutional expertise and contributing to the development of responsive and innovative higher education systems. Her participation at the executive level will provide further opportunities for TCICC to engage with regional institutions, exchange best practices and help shape approaches to the challenges and opportunities facing tertiary education across the Caribbean.

A notable moment in ACHEA’s recent history was the 2025 Annual Conference, which Dr. Williams had the privilege of hosting in the Turks and Caicos Islands. This marked the first time the Association convened its flagship conference in the TCI, welcoming more than 100 higher education administrators, researchers and thought leaders from across the Caribbean, North America and Africa to the destination. The event was widely regarded as a resounding success and is now recognised as a defining milestone in the Association’s development as it moves into its 25th anniversary year.

Reflecting on her appointment, Dr. Williams expressed gratitude for the confidence placed in her and reaffirmed her commitment to supporting the work of the Association.

“I am deeply honoured to have been entrusted with the responsibility of serving as First Vice-President of ACHEA. I am grateful to the Association’s membership for the confidence placed in me and look forward to working alongside the President, fellow Executive members and higher education professionals throughout the region. This appointment provides an important opportunity to strengthen collaboration, promote innovative administrative practices and support the continued development of institutions that are responsive to the needs of Caribbean learners and communities. I am also proud to represent the Turks and Caicos Islands Community College and the wider Turks and Caicos Islands as we contribute to the advancement of higher education across the region.”

The newly elected ACHEA Executive for the 2026–2028 term comprises:

  • President: Dr. Helen Williams-Cumberbatch
  • First Vice-President: Dr. Candice Williams
  • Second Vice-President: Ms Louri Clare
  • Secretary: Mrs Kasiane Reid-Martin
  • Assistant Secretary: Ms Sanielle Hinds
  • Treasurer: Ms Michelle Bruce
  • Assistant Treasurer: Dr. Courtney Garrick
  • Public Relations Officer: Ms Nataki Kerr
  • Assistant Public Relations Officer: Ms Alison Johnson

In a statement announcing the newly elected Executive, ACHEA extended its sincere appreciation to all members who participated in the election process and acknowledged the outgoing Executive members for their exemplary leadership, commitment and dedicated service throughout the previous term.

The full Executive, including members appointed to co-opted positions, will be introduced shortly.

Dr. Williams previously served as Second Vice-President of ACHEA. Her elevation to First Vice-President reflects the confidence of the Association’s membership in her leadership, experience and continued contribution to the advancement of higher education administration throughout the Caribbean.

Continue Reading

News

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

Published

on

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.

Continue Reading

FIND US ON FACEBOOK

TRENDING