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Court Denies Attorney General’s Testimony in PDM Election Petition Case

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Deandrea Hamilton & Wilkie Arthur

 

Turks and Caicos Islands – May 9, 2025, In a significant development in the ongoing election petition proceedings, the Supreme Court has refused to allow the Attorney General of the Turks and Caicos Islands, Hon. Rhondalee Braithwaite-Knowles, KC, to be summoned as a witness.

The application, brought forward by attorney George Missick on behalf of the opposition People’s Democratic Movement (PDM), was dismissed in court on Friday. In addition to the ruling, the PDM was ordered to pay the legal costs incurred by the Attorney General and the second respondent’s attorneys—a setback for the opposition, which had previously celebrated a procedural victory.

The request to call the Attorney General to the stand was part of the PDM’s broader legal strategy to challenge the outcome of the February 7 general election, which it alleges was tainted by procedural irregularities.

The petition, filed by PDM Leader Edwin Astwood and Deputy Leader Robert Been, had earlier succeeded in passing the court’s scrutiny when Justice Chris Selochan ruled that their claims regarding ballot irregularities merited a full trial.

This marked what many described as “round one” victory for the PDM.

However, this latest court decision reveals the uphill battle ahead for the opposition.

The Attorney General, a central figure in the administration of elections, was accused by PDM supporters and critics alike of enabling an election process that allegedly failed to comply with statutory requirements—particularly those related to ballot formatting and publication.

Critics argue that allowing the same official who presided over the election process to then defend its legality in court—while allegedly favoring the ruling Progressive National Party (PNP)—presents a troubling conflict.

Public commentary, including from Eagle Legal News (owned by Wilkie Arthur) and social media voices, has raised questions about judicial independence and transparency in handling the high-stakes petitions.

Some observers, including prominent legal media outlets, are calling for an external judge to oversee the petitions, citing perceived political ties between local justices and the current administration.

Concerns have mounted after revelations that both Chief Justice Mabel Agyemang and Justice Anthony Stephen Gruchot, the territory’s principal civil justices, declined to hear the election cases. This has fueled speculation that their recusal may have been motivated by potential conflicts of interest.

Instead, the petitions are being heard by Justice Chris Selochan, a newer appointee with minimal public affiliation to either party. While Selochan’s perceived neutrality is welcome in some quarters, others question whether one judge should preside over all three cases—two from the PDM and one from the PNP—given their interconnected potential to reshape the political landscape.

Meanwhile, the ruling to exclude the Attorney General as a witness is drawing criticism from those who feel her role in overseeing the election warrants deeper scrutiny.

PDM supporters argue that her lack of objection to a PNP petition in Electoral District 6—where the PDM won—further undermines her impartiality. Others have gone as far as accusing her of deliberately defending an “illegal process” in favor of the PNP.

As the case heads toward trial, set for May 12 and 13, the people of the Turks and Caicos Islands are watching closely.

With the legitimacy of a national election on the line, and questions swirling about judicial neutrality, the outcome could redefine both the electoral process and public trust in the justice system.

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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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New Chartered Accountant Member Appointed to The Integrity Commission

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Darius E. Ferguson, Member of the Integrity Commission Board

Providenciales, Turks and Caicos Islands – Friday, 27 February 2026: Her Excellency the Governor, Dileeni Daniel-Selvaratnam, today announced the appointment of Mr. Darius E. Ferguson as a Member of the Integrity Commission Board, serving as the Chartered Accountant Member in accordance with Section 3(2)(a) of the Integrity Commission Ordinance. His appointment is for a period of three (3) years and follows consultation with the President of the Turks and Caicos Islands Society of Professional Accountants.

Mr. Ferguson, with family ties to Providenciales and South Caicos, is a Chartered Accountant with over twenty years of senior leadership experience across aviation, finance, technology and consultancy, he brings a strong and diverse background in financial governance, regulatory compliance and strategic planning.

A former Chief Financial Officer of Sky Bahamas Airlines for a decade, Mr. Ferguson managed all financial reporting, regulatory engagement, capital projects and commercial development initiatives. He previously served in senior audit roles at both Ernst & Young LLP and PricewaterhouseCoopers LLP, leading high‑risk audit engagements and ensuring adherence to international financial and accounting standards.

Throughout his career, Mr. Ferguson has demonstrated a strong commitment to professional ethics, community leadership and organisational accountability. His experience across corporate governance, financial oversight, and operational risk management will bring valuable strategic insight to the Integrity Commission.

Her Excellency the Governor welcomed the appointment, stating:

“Mr. Ferguson’s extensive background in financial management, auditing and governance, together with his leadership experience across both corporate and community sectors, make him well‑suited to serve on the Integrity Commission. His appointment strengthens our ongoing commitment to integrity, transparency and accountability in public life. I am confident that he will make a meaningful contribution to the Commission’s important work.”

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Multi-Agency Planning Enforcement Action Conducted in Five Cays

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Providenciales, Turks and Caicos Islands – Friday, 27 February 2026: The Informal Settlements Unit (ISU), in collaboration with key government agencies, coordinated a multi-agency enforcement exercise on Thursday, 5 February 2026, at Block and Parcel 60503/17 in the Five Cays area.

The exercise was led by the Planning Department, pursuant to its statutory authority under the Physical Planning Act to address unauthorised development. The ISU coordinated the operation, with support provided by the Crown Land Unit and the Turks and Caicos Islands Border Force, while the Royal Turks and Caicos Islands Police Force ensured security throughout the activity.

The enforcement action formed part of a Public Private Partnership initiative between the Turks and Caicos Islands Government and private landowners. The registered owners of the land would have sought the state’s assistance to issue copies of Section 58 Enforcement Notices on unlawful structures identified on the parcel. The subject parcel comprises approximately 25 acres extending across Millennium Highway.

During the exercise, a total of fifty-four (54) copies of the Enforcement Notice were issued on structures located on the parcel. Notices were affixed to structures and served on persons found to be occupying illegal developments.

The Informal Settlements Unit reiterates that these coordinated enforcement exercises form part of the Government’s ongoing efforts to uphold planning regulations, protect property rights, and promote orderly and lawful development. Persons undertaking construction are reminded that development without the requisite planning approvals is unlawful and subject to enforcement action.

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