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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.

Caribbean News

Team Trinidad & Tobago Makes Waves with Historic CARIFTA Aquatics Performance

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April 14, 2026 – Team Trinidad and Tobago delivered one of the most commanding performances at the 2026 CARIFTA Aquatics Championships, finishing third overall in swimming and second in athletics, signaling a powerful resurgence on the regional stage.

Competing in Martinique, the swim team amassed an impressive 747 points and 59 medals—20 gold, 19 silver and 20 bronze—in what officials are calling a historic showing. The result marks a significant step forward from previous years, reinforcing the country’s growing strength across disciplines and age groups.

Standout performances came from a deep and talented squad. Zahara Anthony led the charge with 72 points, dominating the Girls 11–12 division across freestyle, butterfly and individual medley events. Liam Carrington followed closely with 69 points, delivering a near-flawless campaign in the Boys 15–17 category, while Marena Martinez, Xaiden Valentine and Serenity Pantin added critical points with consistent podium finishes.

The team’s strength was not limited to individual brilliance. Athletes like Micah Alexander, Ethan McMillan-Cole and Jaden Mills showcased versatility and depth, while relay contributions from swimmers including Julius Ennals and Anpherne Bernard helped secure the team’s overall standing.

The performance drew high praise from the Ministry of Sport and Youth Affairs in Trinidad and Tobago, which welcomed the team home in celebration of what was described as a defining moment for the programme.

Minister Phillip Watts noted, “This success is not accidental. It is the result of hard work, structure, vision, and belief. Our young athletes are proving that Trinidad and Tobago is rising again.”

He added that every performance sent a clear message across the region that the country is “not standing still… we are moving forward.”

The showing in Martinique underscores the impact of sustained investment in youth development, coaching and systems, with Team TTO emerging as one of the most complete and competitive squads at CARIFTA 2026.

With momentum now firmly on their side, Trinidad and Tobago’s swimmers are not just competing—they are setting the pace for the future of Caribbean aquatics.

Developed by Deandrea Hamilton • with ChatGPT (AI) • edited by Magnetic Media.

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Bahamas News

New Manifestos Released as Bahamas Heads to Historic May 12 Vote

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The Bahamas, April 14, 2026 – With the 2026 Bahamian general election set for May 12, the country’s major political parties have now formally placed their plans before the electorate, offering competing visions for governance, growth and relief.

The governing Progressive Liberal Party (PLP), led by Philip Davis, launched its “Blueprint for Progress 2026” on April 8, 2026, outlining a 46-page plan focused on long-term development and systems reform. The document places heavy emphasis on energy transition, digital government, workforce training and food security, positioning the party as one seeking continuity following its first term. The full plan is publicly available online through official PLP platforms for voters to review.

Just days later, on Sunday, April 12, the opposition Free National Movement (FNM), under Michael Pintard, unveiled its 2026 Manifesto at a major event in Nassau. Spanning 54 pages, the document centers on cost-of-living relief, tax reform, healthcare expansion and housing, offering what the party describes as a more immediate response to economic pressures facing Bahamian families. The FNM has also made its manifesto accessible online.

Beyond the two major parties, the Coalition of Independents (COI) had already entered the policy space earlier, formally unveiling its long-range Vision 2030 framework on Saturday, March 1, 2025, at the Fusion Superplex in Nassau during a packed national launch led by party leader Lincoln Bain. That framework has since been complemented by a 100-day action plan released in late March/early April 2026, adding a short-term policy layer to its long-range proposals.

These policy rollouts come as the country prepares for a pivotal vote, with the Parliamentary Registration Department confirming a voters’ register of approximately 203,000 eligible voters, one of the largest in the nation’s history. Key dates are now set, with Nomination Day on April 16, followed by advance polls on April 30, ahead of General Election Day on May 12.

With platforms now in the public domain and the timeline locked in, the focus shifts squarely to the electorate—who must now weigh the promises, examine the plans and decide the country’s direction at the polls.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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Bahamas News

From Concept to Approval: What a 2019 Water Security Plan Now Means for Bahamians

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The Bahamas, April 14, 2026 – At its core, the $65 million water security project is designed to strengthen the reliability, safety and resilience of the water supply across The Bahamas.

If implemented as planned, the investment is expected to improve water quality, reduce contamination risks and support public health, while increasing supply reliability and limiting service disruptions during droughts or system failures. The project also aims to expand and upgrade infrastructure, including wellfields, pumping stations and storage capacity, and to protect freshwater resources from saltwater intrusion—an increasing threat for low-lying islands. In practical terms, that could mean cleaner, more consistent and more dependable access to water for residents across the country.

The project was first conceptualised in 2019 under the previous administration, when a proposal was submitted to the Green Climate Fund to strengthen the resilience of the country’s water systems. That early work came just months before Hurricane Dorian exposed the vulnerability of national infrastructure, including critical water and sanitation systems, particularly in the northern Bahamas.

The initial phase focused on developing the concept, identifying priority areas and engaging regional and international partners, including the Caribbean Development Bank, to support the design and preparation of a full funding proposal.

Following the change in government in 2021, the project advanced into its most technical and demanding stages. The current administration oversaw the completion of key requirements, including feasibility studies, environmental and social assessments, and detailed financing negotiations with international partners—steps necessary to move the proposal from concept to approval.

That multi-year process has now culminated in approval of a $65 million financing package, combining grant funding with concessional loans to support long-term upgrades to the country’s water infrastructure.

While the project brings significant international support, it is not entirely free money. The package is structured as a blended financing arrangement, combining grant funding with concessional loans—meaning a portion of the funding will ultimately need to be repaid. Based on information released by the Caribbean Development Bank, approximately $25 million of the total package is tied to loan financing, with the remaining portion provided as grant support.

Concessional loans typically carry more favourable terms than commercial borrowing, including lower interest rates and longer repayment periods. However, they still represent debt obligations that will be borne over time.

Notably, detailed terms of the loan components—including interest rates, repayment schedules and any associated conditions—were not disclosed in the initial announcement issued by the Office of the Prime Minister (Bahamas). Those details are expected to be outlined in formal financing agreements, but have not yet been made public.

For Bahamians, the project represents both investment and obligation. While the grant funding provides a significant boost to infrastructure development, the loan component adds to the country’s long-term financial commitments—making transparency around terms and implementation timelines especially important.

While the approval marks a significant milestone, the timeline for delivery remains a critical factor. Based on information available from project partners, implementation is not expected to begin immediately. The initiative is anticipated to move into its execution phase later in 2026, following finalisation of financing agreements and completion of preparatory requirements.

From there, the project is projected to unfold over several years, with estimates suggesting a multi-year implementation period of up to seven years to fully deliver the planned upgrades to water infrastructure across The Bahamas.

This means that while the funding has now been approved, the benefits will be realised gradually rather than all at once. A definitive completion date has not been publicly outlined, and detailed timelines tied to specific islands or phases of work have yet to be disclosed.

For Bahamians, the question now shifts from approval to execution—when funds are drawn down, when construction begins, and how consistently the project moves from plan to delivery.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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