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Attorney General wins major victory for the Government in case of unlawful occupation of Crown Land

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#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.”

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Flow TCI powers Inter-High Track and Field Championships  

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Providenciales, Turks and Caicos Islands (March 5, 2026) – As the Turks and Caicos sporting community celebrates the spirit of youth athleticism, leading telecoms provider, Flow is highlighting the transformative power of connectivity following the successful conclusion of the 2026 Inter-High Track and Field Championships held at the Turks and Caicos Islands National Stadium from February 26 to 28.

As the Official Media Sponsor for the event, Flow provided livestreaming services that premiered across social media and on Flow TV’s Channel 111. This ensured that families and fans throughout the Turks and Caicos Islands could witness every record-breaking moment. To keep the event running at top speed, Flow also provided broadband services throughout the venue, maintaining seamless connectivity throughout the games.

“Our long-standing partnership with the Turks and Caicos Islands Sports Commission is a shared promise to invest in the next generation. Over the years we have worked together to create opportunities for young people to train, compete and grow,” said Joanne Missick, Country Manager, Flow Turks and Caicos Islands.

“We make this investment because sport develops more than athletes. It’s a long-term investment for us in our people, pride and possibility, and it’s a partnership we hold close because advancing our youth advances the entire nation.”

The commitment to the Games extended directly to the track, where Flow served as the headline sponsor for the 200-meter category. Spanning seven races, the partnership culminated during the official medal ceremony with the company presenting winners with Flow merchandise bags.

Off the track, Flow mobilised engagement through the interactive sales booth. The site became a hub for activity, featuring Spin the Wheel promotions and gift certificate giveaways during Q&A intermissions, ensuring the energy of the crowd remained high.

Looking ahead, Flow is preparing to carry this momentum into the upcoming Inter-Primary Track and Field Championships, continuing its investment in the next generation of sporting talent in the Turks and Caicos Islands.

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Police Commissioner Honoured with Distinguished Civic Service Award at TCHTA Star Awards

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Providenciales, Turks and Caicos Islands – Commissioner of Police Fitz Bailey has been recognised for his contribution to national security and the tourism industry, receiving the Distinguished Civic Service Award at the Turks and Caicos Hotel and Tourism Association’s Star Awards held on February 19, 2026 at Beaches Turks and Caicos.

The annual awards ceremony is the premier recognition event for the territory’s hospitality sector, bringing together industry leaders, executives and frontline professionals to celebrate excellence and the individuals whose work strengthens the destination’s global reputation.

Commissioner Bailey was honoured for his strategic leadership in the fight against crime and the measurable reductions in major offences, efforts widely credited with improving public confidence and reinforcing the Turks and Caicos Islands’ standing as a safe and competitive tourism jurisdiction.

In accepting the award, the Commissioner dedicated the recognition to the officers and staff of the Royal Turks and Caicos Islands Police Force, praising their commitment and professionalism in what he described as a collective national effort to make the islands more secure.

The TCHTA Star Awards spotlight the link between public safety and tourism performance, acknowledging that a stable and safe environment is essential to visitor confidence, investment and the continued growth of the sector.

This year’s ceremony featured high-energy hosting by Super P the Entertainer, with Omega serving as awards announcer, as the industry gathered to honour the people and partnerships that continue to elevate the Turks and Caicos brand.

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Health

TCI Hospital Celebrates Successful “Heart Strong TCI” Initiative During Heart Month

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(Providenciales – Monday, March 2, 2026) TCI Hospital proudly announces the successful achievement of its Heart Strong TCI initiative, a comprehensive Heart Month campaign focused on raising awareness and strengthening cardiovascular disease prevention efforts across the Turks and Caicos Islands.

Heart disease remains the leading cause of death in the Turks and Caicos Islands, highlighting the critical need for sustained public education, risk-factor reduction, and early intervention. The Heart Strong TCI initiative was designed to actively engage the community through education, outreach, and physical activity.

Key Activities Included:

Educational Training Sessions

Healthcare professionals conducted structured sessions addressing hypertension, diabetes, cholesterol management, nutrition, exercise, smoking cessation, and the early warning signs of heart disease.

House Call Talk Show Feature

A dedicated Heart Month episode of the hospital’s House Call program provided expert discussion on cardiovascular risk factors and prevention strategies, empowering viewers with practical, evidence-based guidance.

Red Fridays Awareness Campaign

Throughout the month, staff wore red every Friday to increase visibility around heart disease awareness and reinforce the campaign’s message within the community.

Heart Strong 5K Walk/Run

In collaboration with the Rotary Club, TCI Hospital hosted a community-wide 5K walk/run to promote physical activity as a cornerstone of heart health. The walk/run also provided an opportunity for community screening.

Digital Health Education Campaign

To expand its reach, TCI Hospital also shared ongoing heart health education tips and prevention messages across its social media platforms, including Facebook, LinkedIn, and Instagram. These posts provided actionable guidance on diet, exercise, blood pressure control, and lifestyle modification, and encouraging community members to learn CPR.

Heart Strong TCI: A Continuous Commitment

While Heart Month has officially ended, Heart Strong TCI represents an ongoing institutional commitment to cardiovascular disease prevention and awareness. TCI Hospital will continue to prioritize:

  • Community-based education initiatives
  • Preventative screening and early detection programs
  • Lifestyle and wellness promotion
  • Strategic partnerships that advance public health outcomes

“Heart Strong TCI is not limited to a single month,” CEO, Dr. Denise Braithwaite-Tennant.  “Cardiovascular disease prevention requires sustained effort. We remain committed to promoting healthy hearts across the Turks and Caicos Islands year-round.”

For more information about cardiovascular health services or upcoming screening initiatives, please contact TCI Hospital at 649-941-2800 in Providenciales, 649-941-2900 in Grand Turk or email us at info@interhealthcanada.tc

About TCI Hospital

TCI Hospital is dedicated to delivering high-quality healthcare services to the people of the Turks and Caicos Islands, with a strong emphasis on prevention, education, and community wellness.

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