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WILKIE ARTHUR now has a Driver’s License; Victory in LANDMARK Civil Case against DMV & AG

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#TurksandCaicos, August 11, 2023 – Tuesday August 8, 2023 The learned Resident Magistrate, Mrs. Oreika Selver-Gardiner heard by way of evidence in an appeal against a decision of the Director of Motor Vehicles, Wilbur Caley  and the Hon Attorney General Mrs. Rhondalee Braithwaite-Knowles, KC.

The landmark case set a precedent in the Turks and Caicos Islands.  It is also a beacon of hope for those facing similar challenges.  Having heard evidence from Wilke Arthur who took the witness stand first in the trial, as it was his case he brought against the Government agents.

Mr. Arthur on oath testified of being released from His Majesty’s Prison and was refused allowance to renew his license until he had paid back fees for the past 11 years; a period of time when he was serving out a sentence in prison.

Mr. Arthur told the learned Resident Magistrate that he told the Director this was wrong and that he has been through this before but the previous directors waved the fees given the fact that he was incarcerated.

Two civil attorneys, Clemar Hippolyte Principal Senior Crown Counsel and her junior well qualified assistant Tamika Simms-Williams traveled from the Grand Turk’s Attorney General’s Chambers and vigorously challenged Mr. Arthur’s claim in support of the director’s position and decision.

Mr. Arthur, after giving his evidence in chief was cross-examined by the Senior Principal Crown Counsel but he stood his ground well, maintained his position and was unshaken by the cross-examination.

Mr. Arthur called no witnesses on behalf of his case, it was then the Crown’s turn to convince the Hon. learned Resident Magistrate of its position.

They called Mr. Wilbur Caley to the witness stand/box, he testified he was charging back fees for years since  being director.  He further said he doing it because the law speak on renewal of driver’s license being back dated to it’s date of expiration, so that means the fees must be back dated as well.

Crown counsel, Tamika Simms Williams asked him about fees being waived, he said he has never done it.  The director maintained his position in evidence in chief.

He was then subjected to cross-examination  by unrepresented Mr. Arthur. He took him through sections of the ordinance.  The director still tried to maintain his position that he was right and supported by law to be charging people back fees.  Mr. Arthur put it to him forcefully that there’s absolutely no provision in law empowering you to be charging back fees.  Mr. Arthur asked him to show the court one section in the ordinance where it speaks on back fees?  After several attempts for a near hour of cross-examination and reluctance responses, Mr. Caley admitted that there is no section or no provision in the laws governing the Department of Motor Vehicles that speaks specifically of back fees.

One very serious concerning  and highly unethical disturbing observation Mr. Arthur brought to the Court’s attention was that Senior Principal Crown Counsel, Ms. Clemar Hippolyte when Mr. Caley was asked by Mr. Arthur “so you would agree that what you were doing over the years by charging back fees when was a matter of policy and not law?”

Before Mr. Caley could answer the suggestion by Mr. Arthur, Ms. Clemar Hippolyte told him under her breath to say “law.”

Mr. Arthur, in catching the exchange, raised serious issue with the court and complained about how the senior principal Crown Counsel boldly telling the witness how to testify.

Arthur’s account was that, “She began stammering in her response and said I was speaking to my assistant not the witness.”

The learned Resident Magistrate showed concerns and told Ms. Hippolyte that if she’s speaking to her junior counsel, to do it more quietly please.

Having won the case, Mr. Arthur told Magnetic Media that he couldn’t believe for a nation that always speaking on how much we wants to rehabilitate and assist ex-offenders in leading law abiding new lives, he was being forced to pay back fees for the renewal of his driver’s license having been incarcerated for a number of years.

It would have meant hundreds of dollars in cost.

Arthur said, government actions are far from their words and “their public speeches and press releases.”

While Arthur said he found it “very discouraging and troubling”  he would not permit the ordeal to sidetrack him from “going forward positively with the continued help of Almighty God.”

Wilkie Arthur also informs that he now has his driver’s license as immediately following the court decision, he went to the Department of Motor Vehicles, DMV to begin the process of obtaining his renewed driver’s license.

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Experience Turks and Caicos and Statistics Authority Publish Latest Visitor Exit Survey Report    

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Providenciales, Turks and Caicos Islands (June 16th, 2026) — Experience Turks and Caicos, in collaboration with the Statistics Authority, has announced the completion and publication of the latest Visitor Exit Survey Report, providing enhanced insights into visitor behaviour, spending patterns and overall travel experiences in the Turks and Caicos Islands.

The Visitor Exit Survey is a joint initiative designed to better understand the characteristics of visitors to the destination, including their travel motivations, length of stay, expenditure, satisfaction levels and perceptions of the Turks and Caicos Islands as a tourism destination.

While exit surveys have been conducted in previous years, this latest publication marks a significant enhancement in the way tourism data is collected and shared. It introduces a new quarterly reporting framework, with surveys conducted at the end of each quarter and findings published on a more frequent basis throughout the year.

This improved reporting cycle is intended to provide more timely and actionable insights to support tourism planning, policy development, marketing strategy formulation and broader industry decision-making.

“The Statistics Authority is pleased to partner with Experience Turks and Caicos on the Visitor Exit Survey program,” said Mr. Shirlen Forbes, Director. “As tourism remains the cornerstone of our economy, reliable and timely data is essential for understanding visitor behaviour, measuring tourism’s economic impact and supporting informed decision-making. We value our ongoing collaboration with Experience Turks and Caicos and believe these quarterly reports will provide stakeholders with valuable insights to help guide the future growth and development of the industry.”

Miss Sharissa Lightbourne, Marketing Intelligence Manager of Experience Turks and Caicos, noted that the expanded approach will allow government and industry stakeholders to better track trends in visitor behaviour and assess the economic contribution of tourism beyond traditional arrival statistics.

“Data is the foundation of informed decision-making and plays a critical role in shaping the future of our tourism industry. The insights contained in this report provide a deeper understanding of who our visitors are, how they experience the destination, and how they engage with our tourism product. This information is invaluable to our hotel partners, service providers, investors and other stakeholders as they refine their business strategies, enhance the visitor experience and identify new opportunities for growth. I would like to thank the Statistics Authority for its continued collaboration and commitment to strengthening tourism intelligence in the Turks and Caicos Islands. I encourage everyone in the industry to download the report and explore the valuable insights it contains,” she said.

The findings will also support more targeted destination marketing efforts, improved visitor experience initiatives and more informed investment decisions across the tourism sector.

Experience Turks and Caicos and the Statistics Authority reaffirm their commitment to strengthening tourism intelligence and ensuring that stakeholders across the industry have access to reliable, timely and relevant data.

Download the report here: https://issuu.com/myexperiencetci/docs/tci_departing_visitor_survey_report_q1_2026

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DDME LAUNCHES 2026 ATLANTIC HURRICANE SEASON WITH CHURCH VISITS

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Providenciales, Turks and Caicos Islands – Tuesday, 16 June 2026: The Department of Disaster Management and Emergencies (DDME) has officially commenced the 2026 Atlantic Hurricane Season with a series of church visits spanning the length and breadth of the Turks and Caicos Islands, underscoring the department’s commitment to reaching every community through fellowship and preparedness.

The initiative, began on Sunday, 31st May 2026, at Providence Baptist Church on the island of North Caicos. Greetings were brought on behalf of DDME by Ms. Andrea Clare, Community Preparedness Officer for North Caicos.

On Sunday, 7th June 2026, the team worshipped at Abundant Life Ministries Int’l on Providenciales. The Director for DDME, Lt Col (Ret’d) Jason Hills brought greetings on behalf of the department, while Ms. Bernadya Smith, Public Information and Media Manager administered a scripture reading.

Mt. Olivet Baptist Church in South Caicos was the team’s third visit, taking place on Sunday, 14 June 2026. Director Hills brought greetings to the congregation, a scripture reading was read by Ms. Yolande Williams, Community Preparedness Officer for South Caicos and the congregation was ministered through song by Ms. Tamara Hylton, Training and Education Manager.

While addressing the congregations, Director Hills stated, “At DDME we will do our part. We will track the storms, share the alerts and open the shelters when needed. But the truth is the first responders are right here in this room. You are the ones who take food to your neighbours, who pray when the winds rise. You are the ones who help TCI recover every time. So, this season, let us commit together. Let’s be ready for any storm. Not just in June but all season long. Not just with batteries and water but also with faith and community.”

Throughout the month of June, DDME will continue visiting churches across the islands to formally acknowledge the start of the 2026 Atlantic hurricane season and to engage residents at the community level. These services are more than a formality, they are an opportunity for our communities to come together in faith and to be reminded that preparedness is a shared responsibility that begins long before a storm appears on the horizon.

The public is warmly encouraged to attend upcoming services and DDME Initiatives to take an active role in hurricane awareness and family preparedness. Upcoming event schedule is as follows:

UPCOMING CHURCH SERVICES

Sunday, 21 June 2026 • Church of God of Prophecy, Conch Bar, Middle Caicos | 11:00 AM

Sunday, 28 June 2026 • St. Mary’s Pro-Cathedral, Grand Turk | 8:30 AM

OTHER UPCOMING HURRICANE SEASON INITIATIVES

Hurricane Preparedness Expo, Grand Turk Dillon Hall – Friday, 19 June 2026| 10:00 am – 2:00

Community Hurricane Scavenger Hunt, Providenciales – 4 July 2026 | Time: TBA

Families are reminded to review their emergency plans, assemble disaster supply kits and stay informed through official channels. For more information on hurricane preparedness and to stay up to date on upcoming events, please follow our official social media pages.

 

Instagram: ddme.tci_official

Facebook / X/ YouTube: DDME TCI

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The Cost of Unprotected Culture

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“Where are the local artists?”, This question is not simply about visibility. It’s about structure and law. And more precisely, it is about whether Turks and Caicos has fully come to terms with what it means to exist within the global framework of intellectual property while still failing to execute it locally. The absence of local artists in major developments is not an accident of taste. It is the predictable outcome of a system that recognizes rights in theory but struggles to enforce them in practice.

When culture is reduced to atmosphere, the people who produce it are reduced to suppliers as with the business license structure and how cultural creators are categorized as retail entities which further support this framework. Their work becomes interchangeable with references and motifs. Their intellectual property becomes negotiable.

At the centre of this is the Berne Convention (1886) for the Protection of Literary and Artistic Works.

Protection..But, Not Really

On paper, Turks and Caicos benefits from international copyright protections through its constitutional relationship with the UK. The Berne Convention guarantees that creators (authors, musicians, painters, photographers, sculptors, filmmakers etc). automatically own rights to their work without formal registration, that sounds modern.

But the reality is; the only operative copyright framework materially available to artists in Turks and Caicos remains the Copyright Act 1911. A law written for a different century, drafted before digital reproduction and predates the very economy that uses art as a commercial asset. So while the convention exists as an international standard, the local mechanism through which an artist must assert and defend their rights is effectively anchored in the 1911 act, while the Brene convention was revised in 1971.

Regional Contrast

Countries such as Bermuda and The Bahamas have moved beyond inherited frameworks and enacted modern copyright legislation that gives real effect to the Berne Convention within their domestic systems. They have updated copyright laws aligned with contemporary use, enacted clearer enforcement pathways, provided legal recognition of digital and commercial reproduction and have systems that better position artists within the economic structure.

In other words, they have translated the Convention from principle into practice.

The Berene Convention

The Berne Convention establishes three core principles:

  • automatic protection
  • national treatment
  • minimum standards for rights

But none of these principles enforce themselves. They require local systems to give them force, what exists is not a functioning copyright ecosystem. It is a legal inheritance.

There is:

  • no modern, locally tailored copyright regime
  • no structured licensing or royalty collection systems
  • limited institutional pathways for enforcement
  • and a heavy reliance on outdated legal provisions to address contemporary commercial use

In this context, the Convention becomes theoretical; while artists are left to operate within a system that has not caught up.

A Cultural Economy Being Built on Outdated Law

Turks and Caicos is not lacking in the arts. It is lacking in legal infrastructure that treats art as an economic asset in real time. The reliance on the 1911 Copyright Act produces a specific set of conditions:

  • reproduction rights are often misunderstood or ignored
  • commercial use of artwork in marketing exists in a grey zone until challenged
  • enforcement becomes expensive, slow, and reactive
  • artists must carry the burden of asserting rights that should already be structurally protected

So when developments ask for culture, what they are often engaging with is not a regulated market, but an unsecured one.

Tourism, Aesthetics, and Unregulated Value

The Turks and Caicos Islands sells an image of place. That image is not just beaches and water. It is culture, even if some persons may not agree, it is identity and visual language.

Arts sit inside this concept with a contradiction: culture is used to increase property value, brand identity, and global appeal. Yet the legal system governing that culture remains outdated and under-enforced. This creates an environme nt where art can be absorbed into commercial projects without clear frameworks, artists are treated as aesthetic contributors rather than rights holders and value flows outward without structured returns.

Not because the Berne Convention allows it, but because the local system fails to prevent it.

The Berne Convention assumes a baseline: that authorship will be respected. But in jurisdictions where: legal literacy is uneven, enforcement mechanisms are weak and power imbalances are significant, that assumption collapses. What remains is a gap between what the law says could be possible (by extension as a UK terittory) and what artists can realistically enforce. That gap is filled by the continued reliance on a 1911 statute to manage 21st-century commercial realities.

Artists’ Rights

The conversation cannot stop at inclusion. It must move to ownership and enforcement. If Turks and Caicos is serious and wishes to further expand its economic sectors via the creative economy; its reliance on the Copyright Act 1911 is no longer sufficient. A modern legal framework is required to address digital use, marketing reproduction, and commercial exploitation of work.

  1. Institutional Development
    Systems must exist to support licensing, rights management, and dispute resolution that are accessible to local artists.
  2. Developer Responsibility
    Cultural due diligence must become standard practice. Intellectual property cannot remain an afterthought in projects that rely on cultural branding.
  3. Repositioning the Artist
    Artists must be recognised not as optional additions, but as rights holders whose work carries enforceable economic value.

To support local culture is not to decorate with it. It is to protect it, regulate it, and ensure that those who produce it participate in the value it generates. Right now, Turks and Caicos exists in a contradiction that anchors it to a 1911 legal framework without significant revision. Until that is resolved, the system will continue to produce the same outcome and so the question is no longer just: “Where are the local artists?” but;

“What legal system has been built for artists to stand on?”

Because without that system, the Berne Convention remains what it currently is in Turks and Caicos:

A principle without power.

PHOTO CAPTION:  1 Brass Manilla, artwork from the Tears of the Trouvadore series)

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