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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.

Bahamas News

New GPS Evidence Prompts Fresh Search for Missing American Woman in Abaco

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ABACO, BAHAMAS — Nearly two months after American sailor Lynette Hooker vanished in waters off Abaco, investigators are preparing to conduct a new search based on GPS and navigation data that reportedly challenges the account originally provided by her husband.

The case, which first drew international attention in early April, began when Brian Hooker told authorities that his wife was swept away after falling from an inflatable dinghy during rough conditions in waters near Elbow Cay.

Initial search efforts involving Bahamian and U.S. authorities covered extensive areas of the Sea of Abaco but failed to locate the missing Michigan woman.

Now, according to multiple U.S. media reports, investigators have obtained electronic navigation and GPS data that appears to place the couple’s dinghy in a different location from where searchers initially concentrated their efforts.

The new information has prompted authorities to reopen search operations and seek permission for divers to examine a more targeted area of the Sea of Abaco.

Unlike the broad search that followed Hooker’s disappearance, the renewed effort is expected to focus on a relatively shallow section of water, reportedly about 25 feet deep. Investigators believe the location may offer a better opportunity to recover evidence and potentially answer lingering questions surrounding the disappearance.

The latest development marks a significant shift in the investigation.

What began as a maritime search-and-rescue operation has evolved into a complex multinational investigation involving Bahamian authorities, the United States Coast Guard and the Federal Bureau of Investigation.

Brian Hooker was detained and questioned by Bahamian authorities following his wife’s disappearance but was later released without charges. While investigators have never publicly accused him of a crime, reports indicate he remains a person of interest as authorities continue to examine the circumstances surrounding the case.

Hooker has repeatedly denied any wrongdoing and has maintained that his wife accidentally fell overboard.

The investigation has intensified in recent weeks. U.S. authorities have reportedly seized the couple’s sailboat, Soulmate, transporting the vessel to Florida for forensic examination. Investigators are said to be reviewing onboard electronics, digital records and other potential evidence as part of the ongoing inquiry.

The case has also attracted attention from Lynette Hooker’s family, who have continued to press for answers and support efforts to locate her.

The renewed search comes after Brian Hooker returned to the United States following the disappearance. Reports indicate he cited family reasons, including concerns about his mother’s health, for leaving The Bahamas.

For investigators, however, the focus now appears fixed on the newly identified search area and the electronic evidence that led them there.

Whether the latest operation produces answers remains to be seen. But nearly eight weeks after Lynette Hooker disappeared in the waters of Abaco, authorities believe new technology and new information may finally provide a clearer picture of what happened that night.

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Firearms, Migration Enforcement and 61% Crime Drop Highlight Bailey’s Year in Review

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By Deandrea Hamilton

PROVIDENCIALES, Turks and Caicos Islands — The dramatic decline in murders may have captured public attention, but newly released Year in Review graphics from Police Commissioner Fitz Bailey reveal a much broader policing strategy that the Royal Turks and Caicos Islands Police Force says is producing measurable results across the territory.

Among the standout achievements highlighted in the Commissioner’s 2025-2026 review is the recovery of 22 illegal firearms and more than 500 rounds of ammunition during 2025.  The graphics also show that four additional illegal firearms were seized during the first quarter of 2026.

The Police Force credits proactive policing, intelligence-led operations and community partnerships with helping remove weapons from the streets and reducing opportunities for violence.

The review also points to what may be the most significant statistic in the package: a 61 percent reduction in overall crime.  While the graphics do not provide a detailed breakdown of offences contributing to that decline, the figure suggests improvements extended well beyond homicide investigations and into broader categories of criminal activity.

Other accomplishments cited include strengthened border security operations, the detention of more than 1,100 irregular migrants, the dismantling of illegal settlements, the launch of a Human Trafficking Unit and expanded highway patrol initiatives.

The Force also highlighted increased engagement with communities through schools, churches and outreach programmes, investments in officer training and professional development, and modernization of information technology and communications systems.

For the tourism-dependent Turks and Caicos Islands, the review sought to reassure visitors that the destination remains safe.  Police recorded 43 incidents involving tourists during the review period, including 18 offences against the person, 23 property-related offences and two offences against the state.

Using annual visitor estimates of approximately two million arrivals, the Force argues that tourists remain overwhelmingly safe while vacationing in the territory.

The review also confirms the much-publicized reduction in murders. According to the data, murders fell from 48 in 2024 to 27 in 2025, representing a 43.75 percent decline.  The graphics further indicate that no murders were recorded during the first quarter of 2026.

While the figures paint a picture of improving public safety, they also raise questions that many residents will likely want answered as the conversation turns from crime reduction to criminal accountability.

Notably absent from the review are statistics related to arrests, charge rates, case clearances, prosecutions and convictions.  The graphics demonstrate that crime is declining and that firearms are being removed from communities, but they do not indicate how many suspects were arrested in connection with major crimes, how many cases resulted in charges, or how many offenders were ultimately convicted before the courts.

Those metrics have long been viewed as important measures of police effectiveness, particularly in serious crimes such as murder, shootings, robberies and firearms offences.  While the latest review focuses heavily on outcomes and operational achievements, future reporting on arrest and conviction rates may provide a more complete picture of how successfully the criminal justice system is converting police investigations into courtroom victories.

Still, Commissioner Bailey’s review makes a clear argument: that a combination of proactive policing, strategic enforcement, border security initiatives and community engagement has contributed to a safer Turks and Caicos Islands.

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Bahamas News

Nassau Opens CDB Annual Meeting at Baha Mar This Week

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NASSAU, BAHAMAS — Regional policymakers, development financiers, economists and international partners are converging on Nassau this week as the Caribbean Development Bank (CDB) stages its 56th Annual Meeting at the Baha Mar Resort from June 1-5, 2026.

Held under the theme, “Forging the Caribbean’s Future: Strategic Solutions for Uncertain Times,” the gathering is expected to place The Bahamas at the center of discussions on some of the region’s most pressing challenges, from climate resilience and energy security to debt sustainability and economic growth.

At the launch of the annual meeting on March 19, CDB President Daniel Best underscored the importance of bringing together leaders from across the Caribbean and beyond at a time of global uncertainty.

“The Annual Meeting provides a strategic moment for the Caribbean, an opportunity for our leaders, governments, development institutions, private sector, youth, and international partners to come together to identify practical solutions that can help the Region navigate uncertainty while unlocking the opportunities that lie ahead,” Best said.

The conference host, newly named Bahamas Minister of Finance and Chairman of the CDB Board of Governors, Michael Halkitis, also emphasized the significance of the event during the March 19 launch ceremony.

“Today’s gathering marks more than the start of preparations for an important meeting. It represents the beginning of a renewed conversation about the future of the Caribbean, about our shared aspirations, our common challenges, and the partnerships that will shape the path forward for our region,” Halkitis said.

He added: “Hosting the 56th Annual Meeting of the Caribbean Development Bank here in Nassau provides an important opportunity to strengthen partnerships and advance meaningful dialogue on the future of the Caribbean.”

Over the five-day meeting, delegates will tackle major issues including energy transition and resilienceinnovative debt solutions for Caribbean economies, and the impact of global economic shocks on regional development.

The programme features a number of high-level events including the Youth FIRE Forum, the William G. Demas Memorial Lecture, the President’s Chat titled Financing the Future: MDB Strategies for Uncertain Times, and a series of policy seminars examining climate finance, infrastructure, economic resilience and development lending.

Among the featured participants are CDB President Daniel Best, Finance Minister Michael Halkitis, senior officials from multilateral development banks, regional finance ministers, central bank governors, economists, development specialists and private-sector leaders. The President’s Chat is expected to bring together leaders of major multilateral development banks to discuss financing strategies for developing states facing mounting economic pressures.

The annual meeting also includes sessions branded “EDGE X by CDB: Analytics Unlocked,” which will explore the economic costs of traffic congestion in the Caribbean and how global crises continue to affect regional economies.

The CDB Annual Meeting traditionally attracts representatives from the Bank’s 28 member countries, including government ministers, senior public officials, development agencies, international financial institutions, youth delegates, academics and private-sector stakeholders. Hundreds of delegates are expected to participate in discussions that will help shape development priorities and financing strategies across the Caribbean in the years ahead.

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

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