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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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Password to Paradise Radio Remotes at Beaches Turks & Caicos continue to highlight the TCI as the preferred Caribbean destination  

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PROVIDENCIALES, Turks & Caicos Islands: — For two consecutive weeks, popular on‑air personalities set up remote studios on the sands of Grace Bay, turning Beaches Turks & Caicos into a live broadcast hub for North American listeners. Morning shows and drive‑time programmes all streamed directly from the resort, with hosts sharing first‑hand impressions of the islands’ beaches, culinary scene, and signature warm hospitality.

The broadcasts formed part of the “Password to Paradise” promotion, a multi‑station campaign that invited listeners to tune in for special on‑air codes for the chance to win all‑inclusive vacations to Beaches Turks and Caicos resort. Stations in major markets across the U.S. and Canada used the resort as their backdrop while encouraging audiences to “trade the cold for Turks and Caicos,” painting vivid pictures of turquoise waters and white‑sand shores with every break.

The “Password to Paradise” mission, already a proven radio promotion format in Canada and the U.S., took on new resonance when paired with live reports from the resort itself. Contest teasers, winner announcements, and social media reels featuring guests arriving in Turks and Caicos amplified the islands’ profile well beyond traditional print or digital advertising.

Tourism officials have welcomed the radio initiative as a timely boost to an already buoyant sector. Minister of Tourism, Agriculture, Fisheries and Environment, Hon. Zhavargo Jolly, emphasized the importance of partnerships that not only grow arrivals but also ensure that Turks and Caicos Islanders remain the primary beneficiaries of tourism’s success.

In commenting on the recent wave of live broadcasts and contests, Minister Jolly noted, “these visiting broadcasters have showcased the islands to millions of listeners across North America and underscored the “value added” to an economy that continues to expand on the strength of tourism.” He continued, “ sustained, experience‑driven campaigns like “Password to Paradise” align with the government’s broader strategy of attracting high‑value visitors while protecting the country’s natural assets and cultural heritage.”

The Turks and Caicos tourism product is widely described as a cornerstone of the national economy, as this sector continues to grow from strength to strength it will increase the number job creation for islanders.

Additionally, tourism leaders point to the long‑tail impact of being featured repeatedly across multiple radio brands, social channels and contest sites. Each on‑air mention, online clip and contest entry serves as an invitation to discover Turks and Caicos, reinforcing the islands’ reputation as a premier Caribbean destination at a time when global competition for tourists is intense.

For Beaches Turks and Caicos, the broadcasts were another opportunity to highlight its position as one of the region’s leading family‑friendly all‑inclusive resorts. DJs and hosts shared experiences from the resort’s multiple villages, expansive pools, waterpark attractions, and dining venues, giving listeners an authentic taste of the “Luxury Included” vacation concept from a guest’s point of view.

General Manager, Deryk Meany highlighted the resort’s partnership with the radio stations as he complemented a wider pattern of media collaborations that Turks and Caicos has pursued in recent years, from television features in major U.S. markets to digital campaigns showcasing the archipelago’s diverse islands. With the success of the latest “Password to Paradise” mission, industry insiders say the stage is set for more creative broadcast partnerships that leverage the power of storytelling to keep Turks and Caicos Islands firmly on the map.

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Beaches Turks & Caicos adds four new PADI Dive Instructors to the cadre of professionals in the watersports department

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PROVIDENCIALES, Turks & Caicos Islands: — Beaches Turks & Caicos, a PADI-certified dive resort in Providenciales, continues to invest in its watersports team by training and certifying four team members to become qualified dive instructors to its operation. The resort operates one of the most comprehensive resort diving programmes in the region, offering on-site PADI courses and daily dives for guests of varying experience levels.

These latest certifications were conducted under the supervision of PADI Course Director and Dive Shop Manager Leonard Suckrajh, who is among an elite group of PADI professionals in the Caribbean. His role as course director allows the resort to deliver instructor-level training on property, further elevating the standard of safety, education and guest experience at the resort’s dive centre.

Suckrajh expressed his satisfaction with the commitment and professionalism demonstrated by the four new instructors, Almina Browne, Cicely Clarke, Andrew Dunkley and Boat Captain Tryston Sang throughout their training and assessment. “I am extremely proud of them,” he said. “They have invested significant time and effort in developing their technical competence and instructional skills and their achievement reflects a deep commitment to delivering safe, high-quality dive experiences for our guests.”

He noted that their performance reflects a strong culture of excellence within the watersports department and aligns with the resort’s long-standing emphasis on safety and training. “At Beaches Turks and Caicos, our objective is not only to train divers, but to develop highly responsible professionals who understand that every dive is grounded in safety, teamwork and respect for the marine environment,” he added. Suckrajh, whose own progression to course director spans more than two decades in watersports and diving within the Sandals and Beaches brands, said the new instructors represent “the next generation of leaders within our dive operation.”

General Manager, Deryk Meany, commended the level of collaboration required to guide four new instructors through the rigorous PADI process. “Attaining PADI instructor status is a demanding accomplishment that cannot be realized in isolation,” Meany said. “It requires the coordinated support of the dive shop, the wider watersports team, and the broader resort operation to ensure candidates have the necessary resources, time and mentorship to succeed.”

He emphasized that strengthening the cadre of certified instructors supports the resort’s commitment to excellence in guest service. “Each additional instructor enhances our capacity to offer guests a greater range of options, a higher degree of personal attention and consistently high safety standards,” Meany continued. “This milestone reinforces our position as a leading provider of family-friendly diving experiences in the Caribbean.”

Beaches Turks and Caicos is recognized for providing a wide spectrum of PADI courses on site, from Discover Scuba Diving and Open Water certification to advanced and specialty programmes. Previous training initiatives at the resort have resulted in many team members achieving PADI instructor status, significantly increasing both certification capacity and in-water safety oversight.

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Beaches Turks & Caicos shares fine dining experiences to high school students in Providenciales  

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PROVIDENCIALES, Turks & Caicos Islands: — Students from the Clement Howell High School were recently welcomed to Beaches Turks and Caicos for an immersive fine dining and etiquette session at one of the resort’s signature à la carte restaurants. For the second consecutive year, the resort’s learning and development, public relations and food and beverage teams designed and delivered practical training that exposed students to the standards and expectations of a world‑class hospitality environment.

General Manager of Beaches Turks and Caicos, Deryk Meany, said the resort is committed to making the experience a fixture on the school calendar. “We are honoured to once again open our doors to the students of Clement Howell High School,” Meany added. “As one of the largest employers and training grounds in the Turks and Caicos Islands, we see it as our responsibility to help prepare the next generation with the skills, confidence and professional support they need to succeed in hospitality and beyond.”

He added that the partnership aligns with the values of both Beaches Resorts and the Sandals Foundation. “This programme is about more than a single day at the resort,” Meany continued. “It is about creating a consistent pathway for young people to see themselves in this industry, to understand the standards we uphold, and to recognise that there is a place for them at every level of the tourism sector.”

During the session, the resort’s learning and development and food and beverage professionals guided students through the full fine‑dining experience—from greeting and seating, to understanding multi‑course menus, cutlery placement, napkin etiquette and appropriate table conversation. Students also learned about body language, professional dress, and how to conduct themselves confidently in formal and semi‑formal settings such as interviews, scholarship dinners and official functions.

Learning and Development Manager Phildreka Mayham explained that the training was deliberately structured to blend technical knowledge with life skills. “Our goal is to demystify the fine dining environment for these students,” Mayham noted. “We want them not only to know which fork to use, but to understand that etiquette is really about respect for others, respect for themselves, and the ability to move comfortably in any social or professional space.”

She added that the programme is also a platform to introduce students to career possibilities. “Through this engagement, they get to interact directly with our team members, ask questions about different roles, and see first‑hand that hospitality offers diverse pathways—from culinary arts and service to training, management, and leadership,” Mayham shared.

For Clement Howell High School, the partnership with Beaches Turks and Caicos and the Sandals Foundation has become an important extension of the Health and Family Life Education (HFLE) curriculum. Guidance Counsellor Tanisha Graham said the experience supports the school’s broader focus on personal development and career readiness. “Our students are learning about self‑presentation, communication, and social responsibility in the classroom,” Graham noted. “Being able to step into a professional fine dining setting and put those lessons into practice is incredibly powerful for them.”

Graham emphasised the impact on students’ self‑confidence. “Many of our students are experiencing this kind of setting for the very first time,” she explained. “To see them sit up a little straighter, engage in conversation, and realise that they belong in these spaces—that is transformational. It reinforces the message that their potential is limitless.

Public Relations Manager, Orville Morgan added, “this initiative forms part of the resort’s ongoing investment in education and skills development across the Turks and Caicos Islands, complementing previous support to Clement Howell High, including enhancements to hospitality‑related clubs and programmes. The fine dining and etiquette training is expected to continue as an annual feature, with plans to refine and expand the experience based on feedback from students and teachers.”

As the second cohort of HFLE students completed their training, teachers expressed optimism that the collaboration will continue to grow and inspire even more young people to consider careers in hospitality. For Beaches Turks and Caicos, the hope is that today’s students will return in the years ahead as interns, team members, and leaders—bringing with them the confidence, poise and professionalism first nurtured at a carefully set table in one of the resort’s restaurants.

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