#TurksandCaicos, May 2, 2024 – In a unanimous decision, the Court of Appeal of the Turks and Caicos Islands upheld an appeal brought by the Attorney General on behalf of the Turks and Caicos Island Government, overturning the lower court’s ruling and affirming the Government’s position on critical issues involving crown land procedures and the implications of the Crown Land Ordinance. This ruling represents a decisive moment in the legal saga and reaffirms the Government’s commitment to upholding the rule of law and protecting public resources.

On the 29th April, 2022, former Supreme Court Judge, Hon. Carlos Simons OBE KC, ruled in favour of a local businessman Mr. Gilbert Selver who the Crown argued had been in unlawful occupation of three parcels of crown land, namely 60602/429; 60602/430; 60602/431 respectively; ruling that the freehold title to Crown Land parcels 60602/429, and 60602/430 be transferred to Mr. Selver at the 2008 offer prices of $30,800 and $73,5000 respectively. In respect of 60602/431 the Court ruled that Mr Selver was indeed a trespasser. The Crown’s position in the Supreme Court was that Mr. Selver was a trespasser after failing to accept the offers for the sale of said Crown land presented to him prior to the coming into force of the 2012 Crown land Ordinance And after receiving Notices to discontinue the use and occupation of the said Crown Land which said notices had been ignored.

The Crown being dissatisfied with the said ruling, lodged an appeal against the decision of former Justice Simons OBE KC on the grounds that he failed to properly apply the contract principles of offer and acceptance; he failed to consider that the offers made by TCIG was subject to contract, and that he failed to consider the intervening impact of the Crown Land Ordinance which came into force in 2012.

On 26th October 2023, the Court of Appeal heard the detailed arguments on behalf of the Crown and Mr. Selver. Principal Crown Counsel, Civil Ms. Clemar Hippolyte and Principal Crown Counsel, Commercial, Ms. Yaa McCartney appeared on behalf of the Crown as representatives for the Appellant, and Mr. George Missick appeared for the Respondent Mr. Selver before the three- person Appeal panel comprising Hon. Mr. Justice K Neville Adderley (President), Hon. Mr. Justice Stanley John, and Hon. Mr. Bernard Turner.

On 17th April, 2024 the Court of Appealed handed down its decision on the appeal, overturning the judgement in the Supreme Court, and ruling in favour of the Crown. In arriving at its decision, the Court found that, by letter dated 29th October, 2008, the Crown offered Mr. Selver the freehold title to parcels 60602/429 and 60602/430 for the purchase prices of $30,800 and $73,5000 respectively. The Court found that in order to accept the offers, Mr. Selver was required to pay the survey fees and a registration fee. The letter also informed Mr. Selver that he was required to

contact the Crown Land Unit in order to execute the necessary documents. The Court found that Mr. Selver had not immediately acted on the offer and had not accepted the offer of the Crown for the freehold.

The Court of Appeal also held that although the offer remained open by the Crown, time not being stated to be of the essence, Mr. Selver’s unequivocal acceptance was only communicated in 2013 which came after the coming into force of the 2012 Crown Land Ordinance (CLO). The Court of Appeal considered whether the coming into force of the CLO presented a significant change in circumstances which would have impacted Mr. Selver’s ability to accept the offer to constitute a legally enforceable contract. Following the decision of the Privy Council in CMK BWI Ltd. v Attorney General [2022] UKPC 40, the Court held that the date of the acceptance was highly relevant to determining the legality of the contract because the 2012 CLO now dictates the conditions and circumstances of all crown land dispositions. The Court considered section 7(2) of the Ordinance which provides that “Crown land must not be disposed of unless the disposal is authorized by this Ordinance or any other Ordinance dealing with Crown land”, and held that the Crown “could not dispose of the parcels under the previous offers as the Ordinance cerate[d] the legislative framework for the disposition of Crown lands, including restrictions (section 9) and imposition of conditions (sectio10)”. Applying the law to the facts, the Court found that “no validly enforceable contract was entered into between Selver and the TCIG for the purchase of 429 and 430 as the offer to purchase the crown lands were rescinded by the passage of the CLO”.

In allowing the appeal, the Court ordered that:

1. The TCIG is entitled to possession of parcels 60602/429 ; 60602/430 and 60602/431.
2. Selver must vacate parcels 60602/429; 60602/430 and 60602/431 within 90 days from the date of the Order.
3. The TCIG is entitled to all attached buildings and/or infrastructural works on the parcels 60602/429; 60602/430 and 60602/431 attached to the land and no compensation is payable to Mr. Selver.
4. Selver must pay the TCIG’s legal costs in the Supreme Court and in the Court of Appeal .

“We welcome the Court of Appeal’s ruling in this pivotal land case,” stated the Honorable Attorney General Rhondalee Braithwaite Knowles OBE KC, “This decision vindicates our steadfast efforts to clarifying the impact of the Crown Land Ordinance on some of the legacy matters that we are seeking to bring to a close. This judgement, is another helpful decision of our courts that clarifies the Crown Land Ordinance’s governance over the disposition of Crown Land since its enactment. The judgment reaffirms the Government’s authority to act in the best interests of the people of the Turks and Caicos Islands and ensures responsible stewardship of our finite land resources.”

The successful appeal outcome is a testament to the diligence and expertise of the Government’s legal team, whose tireless advocacy and meticulous preparation were instrumental in securing this favorable verdict for the Government. Their dedication to advancing the Government’s case and upholding the principles of justice and fairness have been commendable.

“The Government is very grateful to the Court of Appeal for their thorough consideration of the legal issues at hand and their commitment to delivering just and equitable outcomes” added the Honourable Attorney General. “This ruling provides clarity and certainty for all stakeholders involved and underscores the importance of transparent and accountable Crown Land practices.”

Dana Malcolm

Staff Writer 

“Founded on the principles of Unity, sisterhood and community service,” is how Alicia Swann, One Nation TCI Founder, and President, describes the organization as it gears up for its inaugural showing, to be marked by a pageant and parade of nations, family fun day and cultural show. 

When Magnetic Media spoke to Swann she explained the inspiration behind the name.

“The reason why we chose ‘One Nation’ was because we wanted to ensure that all of our beautiful ladies within the Turks and Caicos feel as if they are a part of our society. Speaking with the ladies I’ve gotten the opinion that a lot of them feel as if they are in our country but they don’t actually feel fully a part of it,” she explained. With constants whose heritages span the DR and TCI, TC-Trinidadians and more the contest is showcasing the rich and diverse culture of the country.

At least two contestants flew in from the UK and the US to participate in the pageant and the event is not just an array of pretty girls.

“We’ve taken the aspects of pageantry to another level, the young ladies have a platform  based on our pillars of the organization which include education and mental health,” Swann continued “We wanted to ensure that they understand the value and importance of  having a role and voice in society.”

The contestants were all allowed to choose an area to speak on and advocate for, and the President told Magnetic Media that so far the young women are taking the challenge seriously. There are 10 contestants overall, five in the ‘Miss’ category and five in the ‘Teen’ category.

The pageant is already receiving regional recognition as the eventual winner has been invited to take part in a regional pageant in St Kitts in August, a feat which Swann says she is extremely proud of. 

In addition to that event a cultural showing, family fun day and parade of nations will be held. 

“We will be honoring people from across the Turks and Caicos, out of every island, for their lifetime achievement in terms of giving back to their society. The persons being honoured are unsung heroes. They have been active in their communities in various roles and we felt the need to recognize all of them.” Swann explained.

The Founder didn’t share the names of those being honoured, preferring to leave it a surprise but did drop hints about who would be highlighted during the event; a smiling clinic nurse in South Caicos, a Grand Turk Taxi driver committed to the island’s development, a dedicated principal from North Caicos, a shipping pioneer from North Caicos as well and a creative founder from Providenciales.

“Our company is huge on ensuring that the community is involved and a part of doing that is ensuring that persons in the community are honoured,” the president said.

Several sponsors have stepped up to the plate including 

No monetary support has come from TCIG but endorsements from both Rachel Taylor, Minister of Education, and Josephine Connolly, Minister of Tourism, have been shared and the girls are currently undergoing intense training with a pageant coach in preparation for their big night.

Swann is hoping that once the community has a chance to see what One Nation TCI is doing they’ll understand the importance of the events, 

“We are a diverse culture and society and– we want people to understand the importance of diversity, supporting our young ladies and empowering them so they can see they have a role in the Turks and Caicos– The more we offer our young ladies [the more] we are able to retain that talent. Once they feel empowered the sky’s the limit.”

The Pageant and Crowning will be on the 25 and 26th of April while the parade and family fun day will be held on the 27th.

Wilkie Arthur
Freelance Court Correspondent 

#TurksandCaicos, April 20, 2024 – ERROL DALLAVANTY WILLIAMS aka Rooster, a Jamaican living in Five Cays; DAVIAN CLARINCE ROYE, a Jamaican living on Back Road, Blue Hills and a local female AYANNA ASTWOOD of Five Cays, were all the occupants of a small car that was driven by Astwood attempting to drive through the police security check point at SUZIE TURN ROUNDABOUT, on the night of Friday April 5, 2024 when they raised suspicions.

Royal TCI Police say in looking at all three in the vehicle and after closer observation of accused DAVIAN CLARINCE ROYE, “his eyes were blood red” and this is when they decided to conduct a stop and search of the vehicle and the occupants.

Around a quarter pound of weed was found in the vehicle and all three occupants were jointly charged with possession of controlled drugs, namely the cannabis found in the vehicle.

They were all arrested and taken into custody.

Reportedly, an additional very small quantity of suspected cannabis was found on the lone female AYANNA ASTWOOD when her person was searched by a female police officer, later, at the Chalk Sound Police Station. She was charged with that small quantity of marijuana and accepted responsibility by pleading guilty to that charge and not guilty to the weed found in the vehicle.

ERROL DALLAVANTY WILLIAMS pleaded not guilty to the suspected marijuana found in the vehicle, and he pleaded not guilty to the immigration offense of remaining in the islands beyond the permitted time.

DAVIAN CLARINCE ROYE on Thursday April 11, 2024 pleaded guilty to the drug found in the vehicle, taking all the responsibility for all the drugs in the vehicle, and he pleaded guilty to being in the islands illegally and unlawfully.

On Wednesday April 10th, ROYE was first brought before the court under the proceeds of crime Ordinance.

He was found with $950.00 dollars cash on him. Asked, how he got the money by financial crime unit Inspector Paulin Nemours, he said he was fishing as he lived here illegal for some three years.

The then acting DPP Mrs. Angela Brooks told the Chief Magistrate that her office was unable to prove the money was from the sale of drugs, though admission that funds were derived from fishing still makes it illegally obtained because ROYE has no status in the Islands and no fishing licence.

The court after hearing from ROYE’s attorney Mr. Ashwood Forbes did order the Crown’s forfeiture application and the $950.00 was confiscated for the government of the Turks and Caicos Islands.

The prosecution, Ms. Richardson applied to the Hon. Chief Magistrate Mr Jolyon Hatmin to have both Jamaicans remanded to custody pending the conclusion of the case, but female defense attorney Mrs. Leanna Brooks Campbell got up after hearing the Crown’s application for remand submissions and told the court there’s no need to remand Rooster because he’s now married to Mrs. AYANNA ASTWOOD, so he’s not here illegally, and he can not be deported.

She admitted they’re still waiting on certain documentation, but they are a married couple and bail should not be refused.

She also reminded the court that ‘Rooster’ was on bail in another immigration case of unlawful entry months ago, and he has continued to make his court dates.

The learned Chief Magistrate was reminded that, that case only came to end on March 5th, this year.

WILLIAMS was granted $7500.00 baill and the other defendant, DAVIAN CLARINCE ROYE was remanded pending sentencing for the drugs in the vehicle and the unlawful entry charge.

AYANNA ASTWOOD was granted bail in the sum of $2000.00 and all three have to return to court next Friday April 19th, 2024.

The Crown will advise if they intend to withdraw the charges in connection to the illicit drugs found in the vehicle against Rooster Williams and his wife or proceed to a trial against the couple despite ROYE’S guilty plea in an attempt to accept full responsibility for the serious offense.