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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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Women in Tourism Retreat Returns for Second Year with Western Air CEO Rexy Rolle as Keynote Speaker  

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Rexy Rolle, Keynote Speaker for Women in Tourism Retreat

Providenciales, Turks and Caicos Islands – November 12th, 2026: Women making their mark across the tourism industry will once again have an opportunity to connect, share experiences and celebrate their achievements as Women in Tourism Caribbean returns for its second year, featuring Bahamian aviation executive and attorney Rexy Rolle as keynote speaker.

The event, scheduled for November 12th to 15th at the Shore Club, brings together women from across the tourism sector for an occasion focused on building regional sisterhood, mentorship leadership, and the contributions women continue to make to one of the Caribbean’s most important industries.

Rolle serves as President, Chief Executive Officer and General Counsel of Western Air, the largest privately owned airline in The Bahamas. An Andros native from North Mastic Point, she has played a significant role in the airline’s growth, helping to expand its fleet and route network, develop new business opportunities and introduce services designed around the needs of its passengers.

Her keynote address will be on the topic: “Behind the Lipstick”.

“Miss Rolle’s participation as keynote speaker adds a youthful dimension to the second annual Women in Tourism event, creating an opportunity for attendees to hear from a young Caribbean woman who has helped steer a growing aviation enterprise while balancing the demands of business leadership, professional practice and community engagement. One of the aims of Women in Tourism is to inspire the next generation of to evolve the tourism industry and I know Miss Rolle will certainly provide that inspiration,” said Mrs. Stacy Cox, founder of Women in Tourism Caribbean.

Mrs. Cox started Women in Tourism Caribbean in 2019 as a digital initiative we than 14,000 followers to bring awareness to and honour women driving the tourism sector across the Caribbean from housekeeping to the C-suite. In 2025, she decided to take a step further in developing Women in Tourism as a weekend retreat.

The first year saw a wide cross-section of women from the Caribbean and diaspora flying to the Turks and Caicos Islands to celebrate each other, network and create a safe space to share their challenges, vulnerabilities and achievements.

“As women continue to shape tourism through entrepreneurship, management, aviation, hospitality, marketing and destination development, Women in Tourism Caribbean provides a space to recognise their contributions and encourage the next generation of female leaders. I am excited about our second year and even more excited to take Women in Tourism to another island in 2027,” said Mrs. Cox.

Panel discussions for Women in Tourism Caribbean 2026 will centre around the following themes: “Caribbean Isms” and “Rooted Yet Adaptable”.

Speakers include: Brittany Braithwaite (Barbados), Phoebe Pereira (Trinidad), Charmaine Gibbs (Grenada), Stacey Liburd (Anguilla), Sheba Wilson (Turks and Caicos), and Rose Anne DeFrieitas (US Virgin Islands).

Activities include a boat experience, Spa Day, school visits and an opening reception at Treasure Beach, Beaches Turks and Caicos.

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Caribbean News

CARDI announces new leadership appointments for its  Board of Governors and Board of Directors

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12 November, 2026 | St Augustine, Trinidad and Tobago. The Caribbean Agricultural Research and Development Institute (CARDI) has officially announced the leadership appointments of the Honourable Floyd Green, MP, Minister of Agriculture and Fisheries, Jamaica, as Chairman of the CARDI Board of Governors (BOG), and Professor Leonard O’Garro as Chairman of the CARDI Board of Directors (BOD), for the period October 2026 to September 2029.

Minister Green brings extensive administrative and agricultural sector policy expertise to the Board of Governors. His leadership will guide CARDI’s strategic policy alignment, focusing heavily on regional value chains, import displacement initiatives, and strengthening agricultural standards across CARICOM Member States to support longterm food security.

Supporting this strategic mandate, Professor O’Garro, a national of St Vincent and the Grenadines, assumes leadership of the Institute’s Board of Directors with a distinguished background in biotechnology, biosafety, plant pathology and agricultural research. His technical guidance will direct the Institute’s scientific programming, ensuring that practical, science-driven innovations effectively address climate resilience and production challenges throughout the Caribbean.

Executive Director Ansari Hosein, in welcoming both leaders, noted that their combined vision, scientific acumen and regional and international experiences will be instrumental in further strengthening the leadership and governance of the Institute. He also thanked former Chairman, BOG, the Honourable Lennox Andrews, Minister for Economic Development, Planning, Agriculture and Lands, Forestry, Blue Economy, Marine Resources and Cooperatives, Grenada, and former Chairman, BOD, Mr Ignatius Jean, for their dedication and outstanding stewardship over the years.

The Institute remains committed to delivering high-impact, tangible agricultural research and development solutions that enhance regional productivity, food and nutrition security, and sustainable development for its Member States.

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Health

Islanders Benefit from Free Dental Care Through Sandals Foundation, Great Shape, and TCI Gov’t Partnership

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PROVIDENCIALES, Turks and Caicos Islands – Approximately 1,400 residents of the Turks and Caicos Islands (TCI) benefited from comprehensive, state-of-the-art dental care through a recently concluded 1000 Smiles dental clinic, initiative spearheaded by Great Shape! Inc. in partnership with the Sandals Foundation, Beaches Turks & Caicos and the Ministry of Health and Human Services.

Hosted at the Church of God of Prophecy in Five Cays, Providenciales, the initiative provided a wide range of essential dental services at no cost to beneficiaries. These included dental examinations, professional cleanings, fillings, extractions, X-rays, sealants and other necessary treatments, helping to address oral health needs while improving access to quality dental care within the local community.

Now in its fifth year in the Turks and Caicos Islands, the programme continues to demonstrate the value of sustained public-private partnerships in expanding access to essential healthcare. The growing reach of the initiative reflects residents’ continued support and confidence in the philanthropic commitment of the Sandals Foundation, the charitable arm of Sandals Resorts International, its partnership with the Government of the Turks and Caicos Islands and Great Shape! Inc.

A team of 77 dental professionals participated in this year’s clinic, delivering services with efficiency, professionalism and a shared commitment to improving the oral health and wellbeing of residents.

Beyond the provision of direct dental treatment, the initiative also placed significant emphasis on preventive care and education, recognising the importance of establishing good oral hygiene practices from an early age.

Through Great Shape! Inc.’s dental education programme, teams visited schools across the Turks and Caicos Islands, reaching a total of 4,320 students with practical information and guidance on maintaining good oral health. Participating institutions included Thelma Lightbourne Primary School, BEST Institute, Community Christian School, Ashley Learning Centre, Preparing Little Minds, Richmond Hill Preparatory School, Ianthe Pratt Primary School, Maranatha Academy, Elite School, Holy Family School, Oseta Jolly Primary School, Enid Capron Primary School, Provo Christian Academy, Shining Stars Preparatory School and Mills Institute.

During school visits, students and teachers participated in interactive educational sessions that highlighted the importance of proper brushing techniques, flossing and consistent oral hygiene practices. The sessions were designed to build awareness, encourage healthy habits and reinforce the importance of preventive dental care.

Deryk Meany, General Manager of Beaches Turks and Caicos, was elated to see the turnout of families, noting that increasing access to healthcare services is a key component of the philanthropic organization’s work in improving the lives of the region’s people.

“We are beyond pleased to see the expansion of the 1000 Smiles dental programme in Turks and Caicos Islands. Healthy people make healthy communities and as an organization committed to nation building, we are fully committed to doing what we can to invest in the long- term development of the region’s health sector and services,” Mr. Meany stated.

The continued implementation of the 1000 Smiles dental clinic initiative has been strengthened through a Memorandum of Understanding with the Government of the Turks and Caicos Islands in collaboration with the Sandals Foundation, to facilitate the provision of free dental care to residents during the month of October.

The programme underscores the importance of collaborative partnerships in addressing community healthcare needs, particularly in areas where access to affordable dental services may be a challenge. By combining clinical services with educational outreach, the initiative delivers both immediate assistance and longer-term benefits through increased awareness and prevention.

Great Shape! Inc.’s 1000 Smiles project has established a significant regional presence, providing free dental services to thousands of beneficiaries across Jamaica, Saint Lucia, Grenada, the Turks and Caicos Islands, Antigua, Barbados and The Bahamas.

Through initiatives such as 1000 Smiles, the Sandals Foundation and its partners continue to demonstrate a commitment to strengthening communities, supporting healthier futures and making a meaningful difference in the lives of Caribbean people.

Photo captions: All photographs were taken at the clinic site except the dental group at Beaches.

(Members of the Great Shape dental team attending to patients at the recent dental clinic staged in the Turks and Caicos Islands.)

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