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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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Bahamas News

New GPS Evidence Prompts Fresh Search for Missing American Woman in Abaco

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ABACO, BAHAMAS — Nearly two months after American sailor Lynette Hooker vanished in waters off Abaco, investigators are preparing to conduct a new search based on GPS and navigation data that reportedly challenges the account originally provided by her husband.

The case, which first drew international attention in early April, began when Brian Hooker told authorities that his wife was swept away after falling from an inflatable dinghy during rough conditions in waters near Elbow Cay.

Initial search efforts involving Bahamian and U.S. authorities covered extensive areas of the Sea of Abaco but failed to locate the missing Michigan woman.

Now, according to multiple U.S. media reports, investigators have obtained electronic navigation and GPS data that appears to place the couple’s dinghy in a different location from where searchers initially concentrated their efforts.

The new information has prompted authorities to reopen search operations and seek permission for divers to examine a more targeted area of the Sea of Abaco.

Unlike the broad search that followed Hooker’s disappearance, the renewed effort is expected to focus on a relatively shallow section of water, reportedly about 25 feet deep. Investigators believe the location may offer a better opportunity to recover evidence and potentially answer lingering questions surrounding the disappearance.

The latest development marks a significant shift in the investigation.

What began as a maritime search-and-rescue operation has evolved into a complex multinational investigation involving Bahamian authorities, the United States Coast Guard and the Federal Bureau of Investigation.

Brian Hooker was detained and questioned by Bahamian authorities following his wife’s disappearance but was later released without charges. While investigators have never publicly accused him of a crime, reports indicate he remains a person of interest as authorities continue to examine the circumstances surrounding the case.

Hooker has repeatedly denied any wrongdoing and has maintained that his wife accidentally fell overboard.

The investigation has intensified in recent weeks. U.S. authorities have reportedly seized the couple’s sailboat, Soulmate, transporting the vessel to Florida for forensic examination. Investigators are said to be reviewing onboard electronics, digital records and other potential evidence as part of the ongoing inquiry.

The case has also attracted attention from Lynette Hooker’s family, who have continued to press for answers and support efforts to locate her.

The renewed search comes after Brian Hooker returned to the United States following the disappearance. Reports indicate he cited family reasons, including concerns about his mother’s health, for leaving The Bahamas.

For investigators, however, the focus now appears fixed on the newly identified search area and the electronic evidence that led them there.

Whether the latest operation produces answers remains to be seen. But nearly eight weeks after Lynette Hooker disappeared in the waters of Abaco, authorities believe new technology and new information may finally provide a clearer picture of what happened that night.

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Firearms, Migration Enforcement and 61% Crime Drop Highlight Bailey’s Year in Review

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By Deandrea Hamilton

PROVIDENCIALES, Turks and Caicos Islands — The dramatic decline in murders may have captured public attention, but newly released Year in Review graphics from Police Commissioner Fitz Bailey reveal a much broader policing strategy that the Royal Turks and Caicos Islands Police Force says is producing measurable results across the territory.

Among the standout achievements highlighted in the Commissioner’s 2025-2026 review is the recovery of 22 illegal firearms and more than 500 rounds of ammunition during 2025.  The graphics also show that four additional illegal firearms were seized during the first quarter of 2026.

The Police Force credits proactive policing, intelligence-led operations and community partnerships with helping remove weapons from the streets and reducing opportunities for violence.

The review also points to what may be the most significant statistic in the package: a 61 percent reduction in overall crime.  While the graphics do not provide a detailed breakdown of offences contributing to that decline, the figure suggests improvements extended well beyond homicide investigations and into broader categories of criminal activity.

Other accomplishments cited include strengthened border security operations, the detention of more than 1,100 irregular migrants, the dismantling of illegal settlements, the launch of a Human Trafficking Unit and expanded highway patrol initiatives.

The Force also highlighted increased engagement with communities through schools, churches and outreach programmes, investments in officer training and professional development, and modernization of information technology and communications systems.

For the tourism-dependent Turks and Caicos Islands, the review sought to reassure visitors that the destination remains safe.  Police recorded 43 incidents involving tourists during the review period, including 18 offences against the person, 23 property-related offences and two offences against the state.

Using annual visitor estimates of approximately two million arrivals, the Force argues that tourists remain overwhelmingly safe while vacationing in the territory.

The review also confirms the much-publicized reduction in murders. According to the data, murders fell from 48 in 2024 to 27 in 2025, representing a 43.75 percent decline.  The graphics further indicate that no murders were recorded during the first quarter of 2026.

While the figures paint a picture of improving public safety, they also raise questions that many residents will likely want answered as the conversation turns from crime reduction to criminal accountability.

Notably absent from the review are statistics related to arrests, charge rates, case clearances, prosecutions and convictions.  The graphics demonstrate that crime is declining and that firearms are being removed from communities, but they do not indicate how many suspects were arrested in connection with major crimes, how many cases resulted in charges, or how many offenders were ultimately convicted before the courts.

Those metrics have long been viewed as important measures of police effectiveness, particularly in serious crimes such as murder, shootings, robberies and firearms offences.  While the latest review focuses heavily on outcomes and operational achievements, future reporting on arrest and conviction rates may provide a more complete picture of how successfully the criminal justice system is converting police investigations into courtroom victories.

Still, Commissioner Bailey’s review makes a clear argument: that a combination of proactive policing, strategic enforcement, border security initiatives and community engagement has contributed to a safer Turks and Caicos Islands.

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Bahamas News

Nassau Opens CDB Annual Meeting at Baha Mar This Week

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NASSAU, BAHAMAS — Regional policymakers, development financiers, economists and international partners are converging on Nassau this week as the Caribbean Development Bank (CDB) stages its 56th Annual Meeting at the Baha Mar Resort from June 1-5, 2026.

Held under the theme, “Forging the Caribbean’s Future: Strategic Solutions for Uncertain Times,” the gathering is expected to place The Bahamas at the center of discussions on some of the region’s most pressing challenges, from climate resilience and energy security to debt sustainability and economic growth.

At the launch of the annual meeting on March 19, CDB President Daniel Best underscored the importance of bringing together leaders from across the Caribbean and beyond at a time of global uncertainty.

“The Annual Meeting provides a strategic moment for the Caribbean, an opportunity for our leaders, governments, development institutions, private sector, youth, and international partners to come together to identify practical solutions that can help the Region navigate uncertainty while unlocking the opportunities that lie ahead,” Best said.

The conference host, newly named Bahamas Minister of Finance and Chairman of the CDB Board of Governors, Michael Halkitis, also emphasized the significance of the event during the March 19 launch ceremony.

“Today’s gathering marks more than the start of preparations for an important meeting. It represents the beginning of a renewed conversation about the future of the Caribbean, about our shared aspirations, our common challenges, and the partnerships that will shape the path forward for our region,” Halkitis said.

He added: “Hosting the 56th Annual Meeting of the Caribbean Development Bank here in Nassau provides an important opportunity to strengthen partnerships and advance meaningful dialogue on the future of the Caribbean.”

Over the five-day meeting, delegates will tackle major issues including energy transition and resilienceinnovative debt solutions for Caribbean economies, and the impact of global economic shocks on regional development.

The programme features a number of high-level events including the Youth FIRE Forum, the William G. Demas Memorial Lecture, the President’s Chat titled Financing the Future: MDB Strategies for Uncertain Times, and a series of policy seminars examining climate finance, infrastructure, economic resilience and development lending.

Among the featured participants are CDB President Daniel Best, Finance Minister Michael Halkitis, senior officials from multilateral development banks, regional finance ministers, central bank governors, economists, development specialists and private-sector leaders. The President’s Chat is expected to bring together leaders of major multilateral development banks to discuss financing strategies for developing states facing mounting economic pressures.

The annual meeting also includes sessions branded “EDGE X by CDB: Analytics Unlocked,” which will explore the economic costs of traffic congestion in the Caribbean and how global crises continue to affect regional economies.

The CDB Annual Meeting traditionally attracts representatives from the Bank’s 28 member countries, including government ministers, senior public officials, development agencies, international financial institutions, youth delegates, academics and private-sector stakeholders. Hundreds of delegates are expected to participate in discussions that will help shape development priorities and financing strategies across the Caribbean in the years ahead.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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