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THE GOVERNMENT OF THE TURKS AND CAICOS ISLANDS SUCCESSFULLY DEFENDS JUDICIAL REVIEW APPLICATION BROUGHT BY FORTIS TCI LTD AGAINST THE ENERGY AND UTILITIES COMMISSIONER

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Providenciales, Turks and Caicos Islands, 23rd July 2024 – On 8th November, 2023, Fortis TCI Limited (“Fortis”) brought judicial review proceedings against the current Energy and Utilities Commissioner and Her Excellency, the Governor of the Turks and Caicos Islands alleging that the Commissioner has a personal background in and a vested financial interest in the supply of solar installations which was incompatible with his role as the Commissioner under the Electricity Ordinance and proposed new Renewable Energy and Resource Planning Bill and was therefore affected by apparent bias. Fortis also challenged Her Excellency the  Governor’s decision not to reconsider the continued appointment of the current Energy and Utilities Commissioner considering the their allegations.

Fortis urged the Supreme Court to:

  1. Declare that the Commissioner is subject to apparent bias and so should recuse himself from all matters concerning Fortis, as a result, and thereby that it is impractical for the Commissioner to continue in office.
  2. An order of mandamus directing the Governor to consider whether the Commissioner can continue in that post in light of those allegations.

Following many months of arguments about whether the matter should be allowed to go ahead at all, the Governor was removed from the proceedings because she was not the correct party, and the Deputy Governor was substituted.  The substantive Judicial Review Hearing took place on 20th June 2024 during which the Court heard arguments from both sides and had the benefit of substantial affidavit evidence from both sides.

In a decisive ruling, delivered on 19th July 2024, His Lordship Mr. Justice Chris Selochan found in favor of the Government, affirming that there was no evidence to support the claims of apparent bias against the Energy and Utilities Commissioner.

While the written ruling is pending the Court read out in open court a summary of its decision to dismiss Fortis’ application for judicial review.

The central issue the Court had to ask itself was whether the Commissioner should be disqualified from holding that position on the ground of his personal interest in a company involved in solar energy in the Bahamas.

The Hon. Attorney General Rhondalee Braithwaite Knowles OBE KC, Principal Crown Counsel Clemar Hippolyte and Senior Crown Counsel, Khadija Mac Farlane made robust arguments and provided affidavit evidence demonstrating the Commissioner’s early disclosures, compliance with the Integrity Commission’s advice and his general adherence to legal and ethical standards.

Having agreed that the test for apparent bias was not whether Fortis or any other interested party thought there was bias but rather is whether the fair minded and informed observer, having considered the facts, would conclude that there was a real possibility that the decision-maker was biased, the Court found that the fair-minded and informed observer would consider, inter alia, the following:

  1. The position of the Commissioner requires specialist knowledge and experience;
  2. The TCIG and Fortis had on 22 April 2022 signed a climate change charter which predated the Commissioner’s appointment;
  3. The Commissioner’s role and functions do not primarily involve formulation of policy.

While the fair-minded observer may have concerns about the Commissioner’s involvement in his company in the Bahamas, these concerns are assuaged by the fact that the Commissioner disclosed the same to the TCIG and the Integrity Commission at the earliest opportunity.

The Court also stated that it cannot be disputed that Commissioner’s role involves interfacing with Fortis on energy related issues, however, the Court was of the view that the fair-minded and informed observer would not conclude that the Commissioner was involved in advancing the cause of renewable energy for his own self-interest.

The Court was of the view that the fair-minded and informed observer would find that the fact of the Commissioner having a business in Bahamas as opposed to the Turks and Caicos Islands, was too tenuous of a link to establish apparent bias.

The Court further found that the fair-minded and informed observer would also note that the Commissioner sent several correspondences to the Integrity Commission seeking to clarify advice from the Integrity Commission upon taking up his office and had adhered to that advice.

The Court was therefore not satisfied that the Commissioner is subject to apparent bias and dismissed Fortis’ application for judicial review.

The Minister for Public Safety and Utilities, Hon. Kyle Knowles said “The Government is undertaking significant reforms in the energy and utilities sector which will build a firm foundation for a strong energy future in the Islands.  The Government’s successful defense in this matter signals that whilst the Government remains committed to maintaining the integrity and transparency of its regulatory processes, independent judicial scrutiny of the Deputy Governor’s decision not to remove the current Commissioner in the face of the allegations brought by Fortis, give credence to the Government’s well placed confidence in the professionalism, fairness and impartiality of the current Energy and Utilities Commissioner’s actions.  The Government is committed to upholding the rule of law and ensuring that all officials perform their duties in keeping with the highest ethical and professional standards. This ruling is a testament to the rigorous standards of accountability and transparency that the Government strives to maintain.”

Commenting on the ruling, the Honourable Attorney General said, “We are incredibly pleased with the Court’s decision, which confirms our position that the Deputy Governor and the Energy and Utilities Commissioner acted appropriately throughout, without bias and in full compliance with the law. This outcome reaffirms my Chambers’ dedication to assisting TCIG decision-makers to ensure that their decision-making is sound, fair and impartial.  It also affirms the advice of the Compliance Unit of the Integrity Commission which had earlier considered the circumstances and advised the Commissioner on handling.  The Commissioner, having acted faithfully in keeping with that advice, is also vindicated. We are relieved for the Commissioner who ably withstood the personal and professional pressures this challenge brought yet continued to press forward with the Government’s agenda in the face of it.”

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Four Years to Deliver: World Oceans Day Calls for Action, Not Promises

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By Deandrea Hamilton

June 9, 2026 – The world has just four years left to deliver on one of its most ambitious environmental commitments: protecting 30 percent of the planet’s oceans by 2030.

On World Oceans Day 2026, environmental organizations, governments and international leaders are shifting the conversation away from awareness and toward action, urging countries to turn decades of promises into measurable protection for marine ecosystems.

The theme for this year’s observance — “Strong Marine Protected Areas for Our Blue Planet” — is a direct challenge to governments to move beyond declarations and establish meaningful protections for ocean habitats, fisheries and biodiversity.

The urgency is especially relevant in the Caribbean, where economies, jobs and entire communities depend on healthy oceans.

From tourism and fishing to transportation and climate resilience, the sea is the region’s most valuable natural resource.

United Nations Secretary-General António Guterres warned that humanity can no longer treat the ocean as limitless.

“In these turbulent times, the ocean reminds us that we are bound together,” Guterres said. “But the ocean is in deep trouble.”

The global push follows the recent ratification of the High Seas Treaty, designed to protect marine biodiversity beyond national waters. Together with the international 30×30 target, the agreement represents one of the largest conservation efforts ever attempted.

Closer to home, Caribbean nations are also advancing ocean protection initiatives.

CARICOM says it is developing a regional Ocean Policy aimed at strengthening marine governance and supporting sustainable blue economies.

In the Turks and Caicos Islands, World Oceans Day coincides with the tenth anniversary of the Blue Belt Programme, which has focused on protecting marine resources while supporting sustainable use of the Territory’s waters.

In The Bahamas, conservation advocates are encouraging citizens to reconnect with the ocean and recognize its value not only as a source of recreation, but as the foundation of national prosperity.

Yet conservationists say government action alone will not be enough.

Protecting the ocean begins with everyday decisions: reducing pollution, respecting marine habitats, supporting sustainable fishing practices, participating in clean-up efforts and holding leaders accountable for environmental commitments.

The message of World Oceans Day 2026 is straightforward.

The promises have been made.

The treaties have been signed.

The targets have been announced.

Now comes the hard part: protecting the ocean before time runs out.

Developed by Deandrea Hamilton • with ChatGPT (AI) • edited by Magnetic Media.

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Peabo Bryson, the ‘Duet King,’ Dies at 75

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By Deandrea Hamilton

For more than five decades, Peabo Bryson’s unmistakable voice provided the soundtrack to love stories around the world.

The two-time Grammy Award winner, affectionately regarded by many as R&B’s “Duet King,” died on June 2 at the age of 75, days after suffering a stroke. Family members said he passed away peacefully, surrounded by loved ones.

While younger audiences may remember him as the voice behind Disney classics Beauty and the Beast and A Whole New World, Bryson’s legacy was built long before Hollywood came calling.

Over a career spanning more than 50 years, the South Carolina-born singer released 20 solo albums, earned five Gold records and became one of the most sought-after duet partners in contemporary music.

Few artists mastered the art of collaboration as effortlessly as Bryson.

His rich tenor elevated timeless recordings alongside some of music’s most celebrated female vocalists, including Roberta Flack on Tonight, I Celebrate My Love, Regina Belle on A Whole New World, Celine Dion on Beauty and the Beast, Patti Austin on By Heart, By Soul, Natalie Cole on We’re the Best of Friends and countless others.

Yet he was equally successful as a solo performer.

Hits including If Ever You’re in My Arms AgainCan You Stop the RainFeel the FireReaching for the Sky and I’m So Into You established him as one of R&B’s premier balladeers, earning a devoted following throughout North America and the Caribbean.

Bryson’s greatest commercial success came in the 1990s when Disney selected him to perform two animated-film love songs that became global sensations. Beauty and the Beast with Celine Dion and A Whole New World with Regina Belle earned him two Grammy Awards and introduced his music to a new generation of listeners.

But for many longtime fans, it was the romance, warmth and sincerity of his earlier recordings that defined his greatness.

In an era crowded with powerful voices, Peabo Bryson stood apart by making every duet feel personal and every love song believable.

His voice may be gone, but the music remains — a catalogue filled with timeless ballads, unforgettable partnerships and memories that continue to resonate across generations.

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

This angle is stronger than a standard obituary because it focuses on what made Peabo unique. There have been great singers, great balladeers and great hitmakers. There was really only one “Duet King.”

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Better Products, Safer Services Targeted Under National Quality Plan

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Government Advances Policy Aimed at Consumer Protection and Higher Business Standards

 

By Deandrea Hamilton

PROVIDENCIALES, Turks and Caicos Islands — Efforts to improve product quality, strengthen consumer protections and raise business standards across the Turks and Caicos Islands are moving into a new phase as government advances implementation of its National Quality Policy.

The Department of Trade, Industry and Fair Competition announced that a team of consultants spent a week in the Turks and Caicos Islands meeting with key public and private sector stakeholders as part of the policy’s implementation process.

Approved by Cabinet in October 2024, the National Quality Policy is designed to establish a national quality infrastructure that supports trade, protects consumers and improves the competitiveness of local businesses.

For consumers, the long-term goal is straightforward: greater confidence that products and services meet accepted standards for quality, safety and reliability.

For businesses, the initiative aims to encourage stronger quality management systems that can improve efficiency, build customer trust and create opportunities for expansion into regional and international markets.

During the May 25 to 29 mission, consultants met with representatives from the National Quality Council, Pelican Energy TCI, the Turks and Caicos Islands Airports Authority, the TCI Government Laboratory, the Turks and Caicos Hotel and Tourism Association and Turks Head Brewery.

According to the Department, the consultations were intended to assess existing quality-related systems, identify gaps and gather recommendations that will help shape the Territory’s national quality infrastructure.

“The policy serves as a strategic framework for establishing a national quality infrastructure in the Turks and Caicos Islands, aimed at improving quality standards, supporting trade, protecting consumers, and enhancing economic competitiveness,” the Department said in a statement.

Officials explained that stakeholder feedback will help determine what systems, standards and programmes are needed to strengthen quality assurance across various sectors of the economy.

The Department said the information gathered will guide the next stage of implementation and help ensure the policy delivers meaningful benefits throughout the Islands.

Among the initiatives expected to emerge from the process are a Quality Certification Programme and a series of educational workshops designed to help businesses understand and adopt quality standards.

A second round of stakeholder consultations is scheduled for June, allowing government and industry representatives to continue discussions and further assess priority areas identified during the initial mission.

Officials say the ultimate objective is to build a culture of quality that benefits consumers, businesses and the wider economy by encouraging higher standards, greater accountability and improved competitiveness.

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

 

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