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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.

Bahamas News

Caribbean Bottling Supports the 27th Basketball Smiles Week  

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NASSAU, Bahamas — Caribbean Bottling Company (CBC), local producers of Coca-Cola and Dasani products, is proud to once again support Basketball Smiles for their 27th year.

Upholding its corporate pillar of community outreach, CBC proudly donated $2,000, over 75 cases of Dasani, Powerade and Sprite, reusable Powerade water bottles and numerous marketing materials.

The annual sporting summer camp offers free basketball and life skills training to Junior and High School students.

Basketball Smiles’ mission of developing leadership qualities while fostering children’s academic achievement and self-esteem aligns perfectly with CBC’s commitment to supporting and empowering youth.

Jazmin Darling, Assistant Marketing Manager for Caribbean Bottling Company shared why the company continues to support this program each year.

“At CBC, we believe investing in our youth is one of the greatest ways to strengthen our communities. We’re proud to support Basketball Smiles each year because it goes beyond the game. This program champions healthy lifestyles, positive values and brighter futures. It’s a privilege to play a role in helping these young athletes reach their full potential each year,” she shared.

Sam Nicholls, Basketball Smiles Camp President and Founder expressed.

“Caribbean Bottling Company is an incredible partner. We are truly grateful for their generous support, which will go a long way in making a positive impact on the lives of our campers,” Nicholls expressed.

CBC is always ready to lend its support toward initiatives and programs that uplift young Bahamians. The impact Basketball Smiles makes on the community is undeniable and is why CBC remains a historic sponsor.

For more information on sponsorship, events and new products, visit www.cbcbahamas.com today.

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Bahamas News

CWS Supports Transforming Spaces with Premium Products and Unique Cocktails

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CWS brand representative for Bottega and Excellsior wines posing with attendees enjoying glasses of Bottega Gold Prosecco at the National Art Gallery of The Bahamas.

NASSAU, Bahamas — Caribbean Wines and Spirits (CWS), The Bahamas’ premier wine and spirits distributor is thrilled to once again lend its support to Transforming Spaces (TS).

CWS is a proud historical partner of the annual art week which highlights Bahamian art and art spaces. Under this year’s theme, “Chasing Light” Transforming Spaces and Caribbean Wines & Spirits created a memorable art experience.

To mark 21 years of the upliftment and exposure of culture and Bahamian art, CWS offered award winning wines St. Francis, Rebellious, Bottega and Excellsior; premium spirits, Cross Keys Gin, El Tequileno Tequila, Angostura Rum and Nemiroff Vodka, along with the newly added Coors Light Beer from its portfolio.

To kickstart the annual art week, CWS delighted attendees with a tasting of globally renowned Bottega Wines at TS’ Poetry Jam, held at ICE Bahamas. Throughout the event, Bottega brand representatives shared tasting notes, ideal pairings, and insights into the brand’s portfolio.

During the highly anticipated Saturday and Sunday tours, CWS showcased its premium products at select art galleries.

Attendees enjoyed Rebellious and St. Francis wines at The Current: Baha Mar Art Gallery and Museum, Bottega and Excellsior wines at the National Art Gallery of The Bahamas, Coors Light beer at the University of The Bahamas Pro Gallery and hand-crafted Schweppes mixes featuring Cross Keys Gin, El Tequileno Tequila, Angostura Rum and Nemiroff Vodka at CAB Gallery & Studio.

Throughout the two-day tour, CWS product specialists enriched the experience by providing a deeper appreciation for their exceptional beverage portfolio.

Members of the Transforming Spaces Committee expressed their appreciation towards CWS’ support after another successful art week.

“Transforming Spaces is deeply grateful for the continued support of Caribbean Wines & Spirits over the years. Their partnership has become such an important part of the TS experience, helping us create welcoming and vibrant moments for our audiences across the tour weekend. From signature wines and cocktail bars to refreshments at gallery stops and pop-up events, their contribution brings an added sense of hospitality, celebration, and connection to the journey through Bahamian contemporary art.” — TS2026 Committee.

Caribbean Wines & Spirits is proud to partner with Transforming Spaces in supporting and elevating the voices and works of Bahamian artists and looks forward to strengthening this partnership for years to come.

To learn more about CWS’ involvement in the community, follow on social media @caribbeanwinesandspirits or visit the website at www.cwsbahamas.com today.

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Government

Government Outlines New Healthcare Vision as Interhealth Exit Accelerates Reform  

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By Magnetic Media Newsroom

 

PROVIDENCIALES, Turks and Caicos Islands — The Turks and Caicos Islands Government says the breakdown of its relationship with InterHealth Canada presents an opportunity to reshape healthcare delivery, with plans to expand local medical services, strengthen primary care and reduce dependence on overseas treatment.

During a national briefing following InterHealth Canada’s notice terminating its hospital contract, Premier Charles Washington Misick acknowledged publicly for the first time that Government and InterHealth had been negotiating an exit from the arrangement for more than a year after what he described as an “irretrievably broken down” relationship.

Despite the contractual dispute, Misick and Health Minister Kyle Knowles stressed that healthcare services will continue uninterrupted during the transition.

“Allow us to do our job,” Knowles appealed, assuring residents that Government is actively managing the transition and safeguarding patient care.

The Premier outlined what amounts to a broader healthcare transformation built around four connected levels of care: strengthened community-based primary healthcare; expanded polyclinic services; enhanced hospital-based secondary care with greater specialist capacity; and overseas tertiary treatment only for cases that cannot be managed locally.

Among the proposals are the long-discussed establishment of intensive care units, expanded use of currently unfinished hospital space, recruitment of more resident specialist physicians and stronger contract management to oversee future healthcare agreements.

Knowles said the new polyclinic model will broaden services available outside the hospitals, including dentistry, ophthalmology, laboratory services, diagnostic imaging, gynaecology and preventative screening, helping to reduce pressure on emergency departments while improving early intervention.

Misick also acknowledged that while the hospital system significantly improved healthcare access after opening in 2010, Government believes further reform is necessary to improve affordability, sustainability and the range of services available within the Turks and Caicos Islands.

The briefing marked the Government’s most comprehensive explanation to date of its plans beyond the InterHealth contract, signalling that officials now see the transition as an opportunity to redesign healthcare delivery rather than simply replace one operator with another.

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