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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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Health

Cleveland Clinic First in Ohio to Perform Robotic Nipple-Sparing Mastectomy  

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Health system is among only a handful in the U.S. to offer the minimally invasive robotic procedure Cleveland Clinic is among the first hospitals in the country – and the first in Ohio – to perform a robotic nipple-sparing mastectomy procedure, following recent clearance by the U.S. Food and Drug Administration.

Stephanie Valente, D.O., and a surgical team recently performed the first robotic nipple-sparing mastectomy with immediate breast cancer reconstruction at Cleveland Clinic Fairview Hospital. The procedure offers a new minimally invasive approach to breast cancer surgery and risk-reducing mastectomy for patients at elevated risk.

This milestone places Cleveland Clinic among a select group of centers nationwide offering the advanced technology and brings one of the newest innovations in breast cancer surgery to patients in Northeast Ohio.

“This robotic approach offers greater precision through a much smaller incision, which can mean less visible scarring and faster recovery,” said Dr. Valente, director of the Cleveland Clinic Breast Surgery Fellowship Program and director of the West Region Multidisciplinary Breast Program. “Compared with the traditional procedure, which requires a larger incision, this approach can improve cosmetic outcomes, preserve the skin and nipple, and support a more natural appearance after surgery.”

During the procedure, surgeons use a 3D camera and robotic instruments inserted through a small incision of one inch, typically hidden along the side of the breast rather than across the underside, to remove breast tissue while preserving the nipple, areola and skin. The robotic platform, the da Vinci SP Surgical System, provides enhanced visualization and precision while minimizing disruption to the overlying skin.

Robotic surgery gives the surgeon better visualization of the operative field in what is typically a technically challenging procedure. This enhanced view can improve nerve identification and preservation, reduce blood loss and allow surgeons to perform the same oncologic operation through a one-inch incision rather than the traditional five-inch open incision.

The robotic approach removes the same breast tissue as a conventional mastectomy, while changing how the surgeon accesses the breast. For some patients, breast reconstruction can be performed during the same operation.

This approach is designed to reduce scarring, enhance cosmetic outcomes, preserve the natural skin envelope and nipple, improve sensation and accelerate recovery. For some patients, the less visible incision may also support confidence and body image after surgery. The procedure further expands Cleveland Clinic’s minimally invasive breast surgery options, which include endoscopic nipple-sparing mastectomy.

“As a field, we haven’t had many new options for patients with breast surgery for a decade now, so we are pleased to now have these minimally invasive procedures available for our patients,” said Dr. Valente. “Innovations like this support a more patient-centered experience as they allow us to address both the physical and emotional realities of breast cancer.”

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Invest Turks and Caicos Officially Opened Caya Hico Collective, Grand Turk MSME Storefront

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Providenciales, Turks and Caicos Islands – Friday, 2nd October 2026: Invest Turks and Caicos officially opened Caya Hico Collective, the Grand Turk MSME Storefront, on Friday, September 18, 2026, marking a significant milestone in the Agency’s ongoing efforts to support local entrepreneurs, expand access to market opportunities, and strengthen the small business ecosystem.

Caya Hico Collective has been established as a dedicated retail space to showcase and sell locally made products, initially featuring entrepreneurs participating in the MSME Programme. As the initiative develops, there are plans to expand participation to include other small businesses producing locally made goods, including those not directly supported under the Programme. The storefront will provide local businesses with greater exposure and direct access to both residents and the thousands of visitors who arrive in Grand Turk each year creating stronger linkages between local entrepreneurs and the tourism economy. The store currently features fourteen (14) inaugural vendors, representing a diverse selection of local businesses and products from across the Turks and Caicos Islands.

Speaking on the significance of the initiative, Ms. Alexa Cooper, Chief Domestic Investment Officer, said:

“This storefront represents a practical and meaningful step in supporting our MSMEs by providing access to market, one of the most critical components of business growth. It is a space where local talent, creativity and entrepreneurship can be showcased, supported and connected with new customers.”

A Name Chosen by Grand Turk’s Youth

The name Caya Hico Collective was selected through the Grand Turk MSME Storefront Naming Competition, an initiative conducted in partnership with H.J. Robinson High School. Students were invited to propose an original name that reflected Grand Turk’s identity, culture and heritage while also being suitable for a storefront showcasing locally made products.

Following an independent judging process, Mauvarii Selver was selected as the competition winner for the submission Caya Hico Collective.

The name was recognised for its cultural and historical significance, distinctiveness and strong storytelling potential. “Caya Hico” is derived from the Lucayan term meaning “string of islands,” reflecting the archipelagic identity and heritage of the Turks and Caicos Islands. The use of “Collective” further reflects the purpose of the storefront: bringing together products from multiple local entrepreneurs under one shared retail platform. Together, the name Caya Hico Collective connects the Islands’ heritage with the initiative’s vision of bringing local businesses, products and creativity together in one space.

The naming competition provided students with an opportunity to participate directly in a real-world branding exercise and contribute to an initiative that will form part of Grand Turk’s commercial and tourism landscape.

Mauvarii was formally recognised during the opening ceremony, alongside the other students who participated in the naming competition, the inaugural MSME vendors, and key stakeholders whose contributions supported the successful development and opening of the storefront.

Angela Musgrove, Chief Executive Officer of Invest Turks and Caicos, added:

 “Caya Hico Collective is more than a retail space. It reflects our continued focus on strengthening linkages between local businesses and the tourism sector, creating more opportunities for MSMEs to reach visitors, increasing sales and participate more fully in the tourism economy. At the same time, it gives visitors greater access to authentic products that reflect the creativity and culture of the Turks and Caicos Islands.”

Supporting Local Enterprise and Tourism Linkages

Caya Hico Collective is expected to serve as an important platform for local entrepreneurs by increasing the visibility of locally produced goods, creating additional sales opportunities and providing visitors with greater access to authentic products from the Turks and Caicos Islands.

Through the storefront, Invest Turks and Caicos aims to encourage residents and visitors alike to discover, purchase and support locally made products, while creating a stronger connection between entrepreneurship, culture and the visitor experience in Grand Turk. The initiative is intended to increase opportunities for local businesses to benefit from tourism activity by connecting visitors directly with locally made products that showcase the creativity and talent of entrepreneurs across the Turks and Caicos Islands. This forms part of Invest Turks and Caicos’ broader commitment to promoting economic diversification, sustainable business development and stronger linkages between local enterprises and the tourism sector.

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Bahamas News

Walk for the Cure Every Saturday This October  

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Nassau, Bahamas, 1 October 2026 – Every Saturday this month, communities across The Bahamas will take steps in support of cancer patients and survivors as CIBC Caribbean’s Walk for the Cure returns to New Providence, Abaco, Eleuthera, and Grand Bahama.

CIBC Caribbean Head of Country, Terrance Gibson, said, “Each Saturday in October represents another community coming together, another opportunity to raise awareness and, most importantly, more support for the organizations that are doing this work every day.”

The month of activities begins this Saturday, October 3, in New Providence, with participants gathering at the Goodman’s Bay Corporate Centre for a 6:30am start.

CIBC Caribbean Walk Champion, Antionette Fox, said the series of walks gives communities across the country an opportunity to contribute to a cause that directly supports Bahamian cancer organizations.

“Every Saturday for the month of October, there will be a walk that you can participate in to contribute towards this worthy cause,” Fox said.

In New Providence, the morning will extend beyond the walk itself, with Zumba, wellness activities, informational vendors, and opportunities for participants to connect with organizations working directly with cancer patients and survivors.

Gennie Dean Caring and Sharing Cancer Support Group President Duquesa Dean said participants do not have to complete the full route to be part of the morning.

“Just come out…there is something for everyone, come for the community,” Dean said. “There’s a survivor ceremony, so come and participate and celebrate the people who have gone through cancer and are here as evidence that you could live after a cancer diagnosis.”

The Gennie Dean Caring and Sharing Cancer Support Group is one of eight cancer organizations in The Bahamas that benefit from funds raised through Walk for the Cure. The others are the Sister Sister Breast Cancer Support Groups of New Providence and Grand Bahama, Cancer Society of The Bahamas, the Cancer Societies of Abaco, Eleuthera, and Grand Bahama, and the Cancer Association of Grand Bahama.

Dean explained that CIBC Caribbean covers the cost of staging WFTC, allowing donations raised to support the work of beneficiary organizations.

For her organization, that assistance translates into tangible support for people navigating cancer, including food assistance, financial aid, prosthetic breasts, and mastectomy bras, as well as programs such as Step Into Wellness, which promotes movement and healthy living among cancer patients and survivors.

Corporate partners are also helping to strengthen this year’s effort. Bamboo Shack has joined the initiative as a gold sponsor, with representative Ghandi Pinder sharing that the cause has a personal significance for her.

Pinder recalled shaving her hair in solidarity with her sister after she was diagnosed with an aggressive form of breast cancer and began losing her hair during chemotherapy.

“We see you, we’re here with you, we’re in it with you,” Pinder said of Bamboo Shack’s message to those affected by cancer.

She also encouraged more of Corporate Bahamas to support initiatives that directly impact the communities they serve.

“At Bamboo Shack, we always say a better Bahamas begins with you… Together, we can make a difference,” she said.

Registration for Walk for the Cure is $30 for adults and $15 for children and can be completed at any CIBC Caribbean branch. CIBC Caribbean clients can also donate through online banking.

The New Providence Walk begins promptly at 6:30am on Saturday, October 3, at the Goodman’s Bay Corporate Centre, followed by Walk for the Cure events in other islands each Saturday throughout October. The Grand Bahama WFTC event will be held on October 10 and the Abaco and Eleuthera WFTC events will occur on October 17 and October 24 respectively.

Gibson added, “Some will walk for themselves, some in celebration of a survivor, and others in memory of someone they have lost. Whatever brings you to Walk for the Cure, every person who shows up becomes part of a much bigger expression of support for those affected by cancer.”

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