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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.

Caribbean News

PM INVITES INDIAN INVESTORS TO EXPLORE OPPORTUNITIES IN JAMAICA

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KINGSTON, October 8 (JIS): Prime Minister, Dr. the Most Hon. Andrew Holness, has invited Indian investors to explore business opportunities in Jamaica.

He cited prospects for innovative business investment in tourism, infrastructure development, renewable energy, animation, medical tourism and health.

He noted that, with the island’s extensive harbour and port systems, “We are the gateway for Indian innovation in the Americas.  I think the time is right for a trade and business delegation from India to visit Jamaica. I mentioned this to Prime Minister [Shri Narendra] Modi and he welcomed the possibilities of such a trade delegation.”

The Prime Minister was addressing a dinner reception on Tuesday (October 1), during his working visit to India.

He said that his trip is intended to herald a new era of Jamaica-India friendship and partnership.

Dr. Holness said that Jamaica is looking forward to working with the Confederation of India Industry (CII) to explore areas of cooperation.

Of special interest, he noted, is working with Indian companies on joint research projects and technology transfer “to enhance Jamaica’s research and development landscape, particularly in the areas of biotechnology, as well as products and drug development, using Jamaica’s natural resources”.

“We also want to welcome Indian companies providing software development and maintenance, cybersecurity, back-office, finance and accounting services,” he added.

Based in New Delhi, CII is a non-governmental trade association and advocacy group that represents the interests of Indian businesses in various sectors, chiefly engineeringmanufacturing, consulting, and services.

The organisation works to create and sustain an environment conducive to the development of India.

 

CONTACT: SIMONE HYLTON

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Caribbean News

OLD HARBOUR HIGH SCHOOL RECEIVES BUS FROM JAPAN

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KINGSTON, October 8 (JIS): Some students at Old Harbour High School in St. Catherine, now have reliable transport after the institution received a 29-seater bus, donated by the Japanese Government.

The vehicle, valued at more than $11 million, will cater mostly to students who travel long distances, filling a gap for safe, reliable, and efficient transportation.

It will also be used to transport students on field trips, sporting events and other activities.

Speaking at the handover of the bus at the school on October 4, Minister of Education and Youth, Hon. Fayval Williams, lauded the Government of Japan for providing the funds through the Grant Assistance for Grassroots Human Security project (GGP), to purchase the bus.

Mrs. Williams said that special thanks must be given to the people of the donor country as “we continue to deepen the partnership with Japan”,  adding that the GGP project “has played a vital role in the development of our schools”.

Meanwhile, Ambassador of Japan to Jamaica, His Excellency Yasuhiro Atsumi said his country “stands together with Jamaica to strengthen the education system, so that all students can pursue their education and lifelong skills training opportunities”.

For her part, Custos of St. Catherine, Hon. Icylin M. Golding, who is also Chairman of the school, told her audience that the bus will enable the students to reach school much easier, and to “participate in more sporting events”.

Principal of the institution, Lynton Weir, said the students will reach school and return to their homes on time, with the acquisition of the bus.

He added that this will also result in reduced cost for parents who used to pay the public transport operators.

For Executive Director of the National Education Trust (NET), Latoya Harris Ghartey, getting the Japanese to fund the acquisition of the vehicle shows the strength of partnerships.

“It also stands as a testament to the deep-rooted commitment we have in providing our children with the tools they need to excel,” she said.

Student at the school, Ashanti Jones, said the “life-changing donation and invaluable gift will aid in students not missing classes due to unreliable transportation”.

Another student, Dormel Hamilton, said the students will have a safe and reliable vehicle in which to travel to school, and appealed to motorists to take care on the roads.

 

CONTACT: GARFIELD L. ANGUS

RELEASE: JIS

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Caribbean News

Sanovnik Destang Elected New President of the Caribbean Hotel and Tourism Association (CHTA)

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Bay Gardens Resorts Executive Director to Lead Organization for Next Two Years

 

Sanovnik Destang, a respected hotelier from St. Lucia and Executive Director of Bay Gardens Resorts, has been elected as the new President of the Caribbean Hotel and Tourism Association (CHTA). His appointment was confirmed at CHTA’s Annual General Meeting (AGM) last week, succeeding outgoing President Nicola Madden-Greig. Destang will serve a two-year term, leading alongside a newly elected slate of executive officers.

Destang brings extensive leadership and hospitality experience to his new role, having served as a key figure in the growth of Bay Gardens Resorts in St. Lucia. His commitment to CHTA began in 2012, and he is ready to lead the organization into a new chapter, focusing on people and technology as well as creating stronger linkages with other sectors of the Caribbean economy.

Destang expressed gratitude to his predecessors and emphasized the importance of collaborative leadership: “Thank you all once again for putting your faith in me and my generation. Being CHTA’s first president born in the 1980s, I fully understand the responsibility ahead of me. I’m ready to lead, but, more importantly, I’m ready to serve. My focus areas will be people, technology and linkages to other sectors of our economies and communities. This strengthened advocacy is aimed at attracting more members to our association, bolstering ourcollective voice and impact.”

Reflecting on her tenure, Madden-Greig highlighted CHTA’s achievements during a challenging period. She praised the resilience of the Caribbean region as it emerged as the fastest-recovering tourism market in the world post-COVID-19. Under her leadership, CHTA along with regional and international stakeholders helped implement and promote recovery measures and initiatives, including Caribbean entry portals and the Caribbean Public Health Agency’s (CARPHA) Healthier Safer Tourism program.

“The past three years, taking over at the height of the COVID-19 pandemic, were both challenging and very rewarding,” said Madden-Greig. “Nothing has given me more joy than having headed the hard-working team that led the Caribbean to be the fastest recovering region in the world, coming out of a once-in-a-century pandemic,” she added.

The newly elected CHTA Officers will work closely with Destang over the next two years, along with CHTA Regional VPs, Committee Chairs, and other Executive Committee Members, who will be announced shortly.

The officers include:

  • 1st Vice President: Karen Whitt, The Hartling Group, Turks & Caicos
  • 2nd Vice President: Craig Marshall, Blue Diamond Resorts, Antigua & Barbuda
  • 3rd Vice President: Clifton Reader, Palace Resorts, Jamaica
  • 4th Vice President: Kendra Hopkin Stewart, Blue Horizons Garden Resort, Grenada
  • 5th Vice President: Bill Clegg, BW Hotels, At-Large
  • Treasurer: Jim Hepple, Tourism Analytics, Aruba

CHTA, as the voice of Caribbean hospitality and tourism, will build on the strong foundation laid by Madden-Greig. Destang’s leadership will advance growth through innovation, people-centered initiatives, and stronger linkages with key sectors, keeping the Caribbean at the forefront of global tourism.

Supported by a team of regional leaders, Destang will drive new initiatives that propel the industry and CHTA members to greater heights.

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