THE PDM Awaits Written Decision Following Unfavorable Ruling, Contemplates Appeal

Providenciales, December 12, 2023 – THE PDM through its leader Hon. Edwin Astwood and Appointment Member Hon. Alvin Garland, today announced its intention to carefully review and possibly appeal a recent decision denying its application for leave to bring judicial review proceedings in the Supreme Court against the government for its decisions which led to the dissolution of the Tourist Board in favour of the new DMO.

Following a full hearing by the Court, The PDM awaits the written decision from the honorable judge, which will outline the reasons behind the denial of leave. While acknowledging the judge’s decision, THE PDM firmly believes that there are grounds for appeal, based on its assessment that the judge exercised discretion erroneously.

The PDM contends that the judge’s decision appears to rest on a misconception of lacking jurisdiction to grant the remedy of a quashing order, a finding of undue delay on The PDM’s part, and the assertion that an alternative remedy was available in respect of challenging the decision of the Speaker of the House to fast track the Bills. In particular, THE PDM maintains that the judge failed to adequately address the central issue of lack of consultation, a fundamental aspect that should have played a pivotal role in the judge’s exercise of discretion.

Importantly, The PDM points out that the learned judge did reject the government’s argument questioning Hon Astwood and Hon. Garland’s legal standing to bring the claim against the government. Additionally, while costs were awarded to the government, the judge ordered that, given the circumstances, they would only be entitled to 2/3 of their costs.

In light of these developments, The PDM is committed to pursuing all available legal avenues to address the perceived shortcomings in the judgment. The Opposition remains steadfast in its belief that the lack of consultation, a core element of its application, warrants further consideration and that the judge’s decision did not adequately address this crucial point. The Opposition holds paramount its obligations to be a voice for each Turks and Caicos Islander who was left out of the consultation process contrary to their fundamental rights or those who were sent home after years of committed service to the Tourist Board.

The PDM will continue to work closely with its legal team to analyze the forthcoming written decision and assess the viability of an appeal. The PDM is confident in the strength of its case and remains committed to upholding the principles it believes are vital to upholding the rule of law and fairness.

Robert Been

Deputy Leader

People’s Democratic Movement