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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.

Health

Cleveland Clinic First in Ohio to Perform Robotic Nipple-Sparing Mastectomy  

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Health system is among only a handful in the U.S. to offer the minimally invasive robotic procedure Cleveland Clinic is among the first hospitals in the country – and the first in Ohio – to perform a robotic nipple-sparing mastectomy procedure, following recent clearance by the U.S. Food and Drug Administration.

Stephanie Valente, D.O., and a surgical team recently performed the first robotic nipple-sparing mastectomy with immediate breast cancer reconstruction at Cleveland Clinic Fairview Hospital. The procedure offers a new minimally invasive approach to breast cancer surgery and risk-reducing mastectomy for patients at elevated risk.

This milestone places Cleveland Clinic among a select group of centers nationwide offering the advanced technology and brings one of the newest innovations in breast cancer surgery to patients in Northeast Ohio.

“This robotic approach offers greater precision through a much smaller incision, which can mean less visible scarring and faster recovery,” said Dr. Valente, director of the Cleveland Clinic Breast Surgery Fellowship Program and director of the West Region Multidisciplinary Breast Program. “Compared with the traditional procedure, which requires a larger incision, this approach can improve cosmetic outcomes, preserve the skin and nipple, and support a more natural appearance after surgery.”

During the procedure, surgeons use a 3D camera and robotic instruments inserted through a small incision of one inch, typically hidden along the side of the breast rather than across the underside, to remove breast tissue while preserving the nipple, areola and skin. The robotic platform, the da Vinci SP Surgical System, provides enhanced visualization and precision while minimizing disruption to the overlying skin.

Robotic surgery gives the surgeon better visualization of the operative field in what is typically a technically challenging procedure. This enhanced view can improve nerve identification and preservation, reduce blood loss and allow surgeons to perform the same oncologic operation through a one-inch incision rather than the traditional five-inch open incision.

The robotic approach removes the same breast tissue as a conventional mastectomy, while changing how the surgeon accesses the breast. For some patients, breast reconstruction can be performed during the same operation.

This approach is designed to reduce scarring, enhance cosmetic outcomes, preserve the natural skin envelope and nipple, improve sensation and accelerate recovery. For some patients, the less visible incision may also support confidence and body image after surgery. The procedure further expands Cleveland Clinic’s minimally invasive breast surgery options, which include endoscopic nipple-sparing mastectomy.

“As a field, we haven’t had many new options for patients with breast surgery for a decade now, so we are pleased to now have these minimally invasive procedures available for our patients,” said Dr. Valente. “Innovations like this support a more patient-centered experience as they allow us to address both the physical and emotional realities of breast cancer.”

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Invest Turks and Caicos Officially Opened Caya Hico Collective, Grand Turk MSME Storefront

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Providenciales, Turks and Caicos Islands – Friday, 2nd October 2026: Invest Turks and Caicos officially opened Caya Hico Collective, the Grand Turk MSME Storefront, on Friday, September 18, 2026, marking a significant milestone in the Agency’s ongoing efforts to support local entrepreneurs, expand access to market opportunities, and strengthen the small business ecosystem.

Caya Hico Collective has been established as a dedicated retail space to showcase and sell locally made products, initially featuring entrepreneurs participating in the MSME Programme. As the initiative develops, there are plans to expand participation to include other small businesses producing locally made goods, including those not directly supported under the Programme. The storefront will provide local businesses with greater exposure and direct access to both residents and the thousands of visitors who arrive in Grand Turk each year creating stronger linkages between local entrepreneurs and the tourism economy. The store currently features fourteen (14) inaugural vendors, representing a diverse selection of local businesses and products from across the Turks and Caicos Islands.

Speaking on the significance of the initiative, Ms. Alexa Cooper, Chief Domestic Investment Officer, said:

“This storefront represents a practical and meaningful step in supporting our MSMEs by providing access to market, one of the most critical components of business growth. It is a space where local talent, creativity and entrepreneurship can be showcased, supported and connected with new customers.”

A Name Chosen by Grand Turk’s Youth

The name Caya Hico Collective was selected through the Grand Turk MSME Storefront Naming Competition, an initiative conducted in partnership with H.J. Robinson High School. Students were invited to propose an original name that reflected Grand Turk’s identity, culture and heritage while also being suitable for a storefront showcasing locally made products.

Following an independent judging process, Mauvarii Selver was selected as the competition winner for the submission Caya Hico Collective.

The name was recognised for its cultural and historical significance, distinctiveness and strong storytelling potential. “Caya Hico” is derived from the Lucayan term meaning “string of islands,” reflecting the archipelagic identity and heritage of the Turks and Caicos Islands. The use of “Collective” further reflects the purpose of the storefront: bringing together products from multiple local entrepreneurs under one shared retail platform. Together, the name Caya Hico Collective connects the Islands’ heritage with the initiative’s vision of bringing local businesses, products and creativity together in one space.

The naming competition provided students with an opportunity to participate directly in a real-world branding exercise and contribute to an initiative that will form part of Grand Turk’s commercial and tourism landscape.

Mauvarii was formally recognised during the opening ceremony, alongside the other students who participated in the naming competition, the inaugural MSME vendors, and key stakeholders whose contributions supported the successful development and opening of the storefront.

Angela Musgrove, Chief Executive Officer of Invest Turks and Caicos, added:

 “Caya Hico Collective is more than a retail space. It reflects our continued focus on strengthening linkages between local businesses and the tourism sector, creating more opportunities for MSMEs to reach visitors, increasing sales and participate more fully in the tourism economy. At the same time, it gives visitors greater access to authentic products that reflect the creativity and culture of the Turks and Caicos Islands.”

Supporting Local Enterprise and Tourism Linkages

Caya Hico Collective is expected to serve as an important platform for local entrepreneurs by increasing the visibility of locally produced goods, creating additional sales opportunities and providing visitors with greater access to authentic products from the Turks and Caicos Islands.

Through the storefront, Invest Turks and Caicos aims to encourage residents and visitors alike to discover, purchase and support locally made products, while creating a stronger connection between entrepreneurship, culture and the visitor experience in Grand Turk. The initiative is intended to increase opportunities for local businesses to benefit from tourism activity by connecting visitors directly with locally made products that showcase the creativity and talent of entrepreneurs across the Turks and Caicos Islands. This forms part of Invest Turks and Caicos’ broader commitment to promoting economic diversification, sustainable business development and stronger linkages between local enterprises and the tourism sector.

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Bahamas News

Walk for the Cure Every Saturday This October  

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Nassau, Bahamas, 1 October 2026 – Every Saturday this month, communities across The Bahamas will take steps in support of cancer patients and survivors as CIBC Caribbean’s Walk for the Cure returns to New Providence, Abaco, Eleuthera, and Grand Bahama.

CIBC Caribbean Head of Country, Terrance Gibson, said, “Each Saturday in October represents another community coming together, another opportunity to raise awareness and, most importantly, more support for the organizations that are doing this work every day.”

The month of activities begins this Saturday, October 3, in New Providence, with participants gathering at the Goodman’s Bay Corporate Centre for a 6:30am start.

CIBC Caribbean Walk Champion, Antionette Fox, said the series of walks gives communities across the country an opportunity to contribute to a cause that directly supports Bahamian cancer organizations.

“Every Saturday for the month of October, there will be a walk that you can participate in to contribute towards this worthy cause,” Fox said.

In New Providence, the morning will extend beyond the walk itself, with Zumba, wellness activities, informational vendors, and opportunities for participants to connect with organizations working directly with cancer patients and survivors.

Gennie Dean Caring and Sharing Cancer Support Group President Duquesa Dean said participants do not have to complete the full route to be part of the morning.

“Just come out…there is something for everyone, come for the community,” Dean said. “There’s a survivor ceremony, so come and participate and celebrate the people who have gone through cancer and are here as evidence that you could live after a cancer diagnosis.”

The Gennie Dean Caring and Sharing Cancer Support Group is one of eight cancer organizations in The Bahamas that benefit from funds raised through Walk for the Cure. The others are the Sister Sister Breast Cancer Support Groups of New Providence and Grand Bahama, Cancer Society of The Bahamas, the Cancer Societies of Abaco, Eleuthera, and Grand Bahama, and the Cancer Association of Grand Bahama.

Dean explained that CIBC Caribbean covers the cost of staging WFTC, allowing donations raised to support the work of beneficiary organizations.

For her organization, that assistance translates into tangible support for people navigating cancer, including food assistance, financial aid, prosthetic breasts, and mastectomy bras, as well as programs such as Step Into Wellness, which promotes movement and healthy living among cancer patients and survivors.

Corporate partners are also helping to strengthen this year’s effort. Bamboo Shack has joined the initiative as a gold sponsor, with representative Ghandi Pinder sharing that the cause has a personal significance for her.

Pinder recalled shaving her hair in solidarity with her sister after she was diagnosed with an aggressive form of breast cancer and began losing her hair during chemotherapy.

“We see you, we’re here with you, we’re in it with you,” Pinder said of Bamboo Shack’s message to those affected by cancer.

She also encouraged more of Corporate Bahamas to support initiatives that directly impact the communities they serve.

“At Bamboo Shack, we always say a better Bahamas begins with you… Together, we can make a difference,” she said.

Registration for Walk for the Cure is $30 for adults and $15 for children and can be completed at any CIBC Caribbean branch. CIBC Caribbean clients can also donate through online banking.

The New Providence Walk begins promptly at 6:30am on Saturday, October 3, at the Goodman’s Bay Corporate Centre, followed by Walk for the Cure events in other islands each Saturday throughout October. The Grand Bahama WFTC event will be held on October 10 and the Abaco and Eleuthera WFTC events will occur on October 17 and October 24 respectively.

Gibson added, “Some will walk for themselves, some in celebration of a survivor, and others in memory of someone they have lost. Whatever brings you to Walk for the Cure, every person who shows up becomes part of a much bigger expression of support for those affected by cancer.”

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