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PDM ordered to pay 67% of Legal Fee as Application to reverse DMMO is stopped in Civil Court

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Wilkie Arthur

Freelance Court Reporter

 

#TurksandCaicos, December 21, 2023 – Magnetic Media was the only news media house present in the Supreme Court in the afternoon hours on Monday, December 11th, 2023, as his Lordship handed down his ruling in the application for leave to apply for judicial review of the DMMO set in motion by the Opposition party, People’s Democratic Movement (PDM).

His Lordship promised to issue written detailed reasons for his decision that will be tailored in line with his verbal reasons, handed down, when he gave his decision orally in open court on December 11th, 2023.

No one from Attorney General Chambers, nor any representative of the PNP was present in person, in Court on decision day. However, they did appear by link in the persons of Senior Crown counsel civil division, Ms. Clemar Hippolyte and her junior assistant, Ms. Khadija Macfarlane.

PDM had a very strong support team at the decision hearing present in court, in the persons of Deputy leader of the opposition, Robert Been, Jr; Mr. Erza Taylor, PDM chairman; former minister of Tourism, Ralph Higgs and the PDM’s appointed member, Alvin Garland who on behalf of his party, filed the matter.

Representing the Application was George Missick, attorney at law.

Having heard the appearances in the matter, the judge went on to give his oral decision regarding the application.

He said the applicants did not move or act promptly and that resulted in undue delay in bringing the application before the Court.

He said that in his deliberation, he did invite the parties to provide further submissions and authorities in support of a specific area regarding the application, but what was provided did not take the case for the PDM any further.

He spoke about the guidelines outlined within the parliamentary Standing Orders, which provides recourse; adding that the PDM could have made use of those provisions.

The judge also said he agreed with the Attorney General Representative that he has no jurisdiction to QUASH two already passed bills which are now activated as part of TCI legislation governing the operation of the Destination Marketing and Management Organization, DMMO.

Justice Chris Selochan enforced this by outlining that he is in agreement with a very old case law which clearly supports that no parliament decision can be reviewed by any court of law, unless constitutional breaches exist or arise.

In this matter, the judge said the PDM application had no constitutional grounds.

As it relates to the PDM’S most forceful argument of “no proper consultation or no consultation at all,” the judge said, if he had granted leave to the PDM, this ground would have become relevant as he would have had to hear evidence in that regard.

However, as the case did not advance, the information was not really considered in the ‘application for leave’ stage.

Judge Selochan concluded by saying, in all the circumstances outlined, I therefore refuse leave to judicial review the DMMO.

He then invited Senior principal civil crown counsel Hippolyte to address the court on cost. She asked for full cost from the PDM as she said they should have never brought this application against the Government.

The court then heard from senior civil attorney Mr. George Missick on why they should not pay any cost at all but the Judge ruled that two-thirds of the cost must be paid by the PDM and if not, must be taxed in default.

Finance

TCI Financial Services Opens Debate on Cryptocurrency Rules 

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Turks and Caicos, May 12, 2026 – A new era of digital finance regulation could be on the horizon for the Turks and Caicos Islands, as the Financial Services Commission moves to establish a legal framework for virtual assets and cryptocurrency-related businesses.

The TCI Financial Services Commission on Friday launched a public consultation on its proposed Virtual Assets Business Bill, 2026, legislation designed to regulate virtual asset service providers, stablecoin issuers and other digital asset activities operating in or from the territory.

Globally, governments and regulators have been racing to catch up with the rapid growth of digital currencies, blockchain technology and online financial platforms. Concerns over money laundering, cybercrime, fraud and the collapse of poorly regulated crypto exchanges have pushed jurisdictions to tighten oversight while still trying to attract financial innovation and investment.

The proposed TCI bill appears aimed at positioning the territory within that evolving international framework.

According to the FSC, the legislation is aligned with international standards and guidance from bodies including the Financial Action Task Force, International Organization of Securities Commissions and the Financial Stability Board.

The Commission said the bill would introduce a “comprehensive licensing, supervisory, prudential and enforcement framework” for the sector. The proposed law includes anti-money laundering and counter-terrorism financing obligations, cyber resilience requirements, enforcement measures and even a regulatory sandbox intended to support innovation.

Among the notable features are proposed reserve and governance rules for stablecoins, which are digital currencies typically tied to traditional assets like the US dollar. The draft legislation also outlines exemptions for certain technology providers and closed-loop token systems.

The FSC said the consultation period is intended to gather public and industry feedback before the bill is submitted to Cabinet next month. Written submissions must be received by June 8, 2026.

The consultation paper and draft bill have been published on the FSC website for public review.

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

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Conch Farm Site to become New Home for Watersports Operators

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$12 million acquisition signals marina plan, not return of commercial conch farming

 

Turks and Caicos, May 12, 2026 – The Turks and Caicos Islands Government’s acquisition of the former Conch Farm property is not shaping up as a revival of the once world-famous aquaculture operation in Long Bay.

Instead, the $12 million purchase appears headed in a very different direction — transforming the sprawling waterfront site into what could become the new operational home for scores of marine and watersports operators who have long struggled for space along the eastern shores of Providenciales.

And for many observers familiar with the growing tensions in those areas, the move may actually make more sense than first believed.

Over the years, the rapid expansion of jet ski operators, charter boats, parasailing businesses and excursion companies along eastern beach and marina areas has increasingly created disputes over access, launching rights, docking space and territorial use of waterfront locations.

At times, those disagreements have reportedly escalated into confrontations serious enough to require police intervention.

Now, according to comments delivered by Premier and Finance Minister Charles Washington Misick during debate on the 2026/27 Budget, government intends to use the former Conch Farm property to bring greater order and infrastructure to the rapidly expanding marine sector.

“The acquisition and redevelopment of the Conch Farm property at Long Bay, Providenciales, is a strategic Government investment to strengthen the rapidly growing marine and water sports sector,” the Premier said.

He explained that the project is envisioned as:

“a safe, clean, and well-managed public marina dedicated to local operators.”

The Premier also pointed directly to the growing number of young Turks and Caicos Islanders entering the marine tourism industry since the COVID-19 pandemic.

“So many of these operators are young Turks and Caicos Islanders who have turned to self-employment since COVID-19,” he stated during the Budget presentation.

Government says the marina would provide affordable and regulated launching facilities while creating space for docking, boat services, small vendors, maintenance operations and other marine-related businesses.

The proposal also aims to formalize portions of an industry which has expanded rapidly alongside the country’s booming tourism economy.

“Best of all it ensures that the benefits of our booming tourism industry are retained right here in Turks and Caicos communities,” the Premier added.

The clarification significantly changes early public assumptions that government was preparing to revive the commercial conch farming operation once associated with the property.

The original Caicos Conch Farm was widely regarded as the world’s first and only commercial conch farm before hurricane damage, operational struggles, policy disputes and legal battles eventually led to its closure.

Now, while the historic name and marine legacy remain attached to the site, the government’s immediate vision appears centered far more on marine infrastructure and economic activity than on aquaculture.

And in a tourism economy increasingly dependent on marine excursions and water-based experiences, the move could ultimately reshape one of the most contentious and overcrowded corners of Providenciales’ tourism landscape.

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

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Anantara Targets North Caicos for Latest Luxury Development

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International resort brand launches sales for residences and resort project on Sandy Point

 

Turks and Caicos, May 12, 2026 – Sales have started on what could become another multi-million-dollar luxury residential resort development for the Turks and Caicos Islands — but this time, North Caicos is poised to become home to the investment by international luxury brand Anantara.

The project, now being marketed globally through developer platforms and international promotional campaigns, is planned for the Sandy Point coastline and is being pitched as a collection of luxury residences paired with high-end resort amenities on one of the country’s least developed major islands.

What may distinguish this proposal from several ambitious North Caicos projects that never fully materialized, however, is the reputation and global footprint behind the Anantara brand itself.

Anantara Hotels & Resorts operates luxury properties across Asia, the Middle East, Africa and Europe under parent company Minor Hotels, an international hospitality group with more than 500 hotels in operation worldwide. The North Caicos project is being promoted as Anantara’s first-ever Caribbean development — a detail likely to draw heightened international attention and investor confidence.

Developers are positioning the investment as an opportunity to experience a quieter, less discovered side of the Turks and Caicos Islands, one they argue rivals the beauty and exclusivity long associated with Providenciales.

And North Caicos, one of the largest islands in the archipelago and widely regarded as its most lush and green, offers a dramatically different landscape from the tourism-heavy pace of Providenciales — with expansive wetlands, undeveloped beaches, dense vegetation and a slower, nature-focused atmosphere increasingly attractive to luxury travelers seeking privacy and wellness-oriented experiences.

According to promotional material, the development is located approximately 25 minutes from Providenciales by combined ferry and air connections and will include 78 branded residences, beachfront villas and resort-style amenities focused on low-density luxury living.

The project team includes several recognized figures in luxury hospitality and development, among them Rob Ayer, associated with Wymara Resort developments, and Caroline Domange, co-founder of Cheval Blanc, the ultra-luxury hospitality brand linked to LVMH.

Premier Charles Washington Misick is also featured prominently in the global announcement, describing the project as:

“the beginning of a new chapter for luxury lifestyles in the Turks and Caicos Islands.”

The investment aligns closely with government’s increasing emphasis on shifting development beyond Providenciales and driving greater economic activity into the Family Islands.

Still, the proposal is also expected to reignite wider national discussions about infrastructure readiness, housing pressures and the long-term pace of development throughout the territory — particularly as government recently approved the formation of a Public Private Partnership Working Group on Hotel Employee Accommodations.

Promotional material circulating internationally suggests residences at the North Caicos development could start at just under US$1 million — underscoring the ultra-luxury market the project intends to attract.

The project is currently targeting a 2029 opening.

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

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