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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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2 years ago

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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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Academy Eagles FC crowned Beaches Turks & Caicos sponsored Provo Men’s Premier League champions 2026  

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1 week ago

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May 13, 2026

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PROVIDENCIALES, Turks & Caicos Islands: — The Academy Eagles FC were crowned champions of the Beaches sponsored Men’s Provo Premier League after securing a comfortable 2-0 victory over defending champions, SWA Sharks, at the Venetian Road football field.

In a match that featured a mix of youth and experienced players, the Academy Eagles eventually broke through late in the game when Jean Innocent found the back of the net in the 77th minute. Innocent doubled the lead in the 95th minute from the penalty spot to clinch the championship.

Academy Eagles head coach Aaron Lawrence expressed immense pride in his squad’s performance. “I applaud the team for their discipline throughout the season and their ability to stick to the plan heading into this game,” Lawrence shared, adding special praise for team captain Myherwens Varis for “following tactical instructions throughout the game.”

“This victory would not have been possible without the thoughtful support from our main sponsor, Beaches Turks and Caicos resort. This is the second year running with this relationship. This has provided exposure for the semi-professional players and the Turks and Caicos Islands Football Association,” Lawrence noted.

On the opposing sideline, SWA Sharks coach Jack Watson was modest in defeat. While he noted that his team executed their strategy well, he recognized the Eagles’ determination. “I congratulate the Eagles team for wanting the win more,” Watson said. “We played to the game plan, but I fault a lapse in judgment that gave up two goals.”

Beaches Turks and Caicos, returning for a second year of sponsoring the competition, expressed ongoing dedication to youth football in the islands. General Manager Deryk Meany shared his enthusiasm, “I am satisfied with the impact that the league is having on youth development throughout the Turks and Caicos Islands and our resort’s involvement in fielding a team for the competition.” The final phase of the tournament now transitions to a knockout format among the eight participating clubs.

League executives also weighed in on the success of the season. Provo Premier League President, Phillip Baptiste, expressed his satisfaction with the league format and highlighted the significant progress made by the Turks and Caicos Islands Football Association (TCIFA) over the course of the tournament.

“This is what true success looks like as corporate partners like Beaches Turks and Caicos resort joins forces with the TCIFA in providing an avenue for youth development and sports. While we are happy for the continued sponsorship, we are anticipating more support from other entities. This is not only a win for sports, it is a win for development here in the TCI,” Baptiste shared.

TCIFA Technical Director Dane Ritchie echoed these positive sentiments, pointing to the league’s development as an avenue for showcasing local talent on a broader stage. “Our team continues to learn as they work on developing talents with the youth players, as well as providing a broader marketing avenue for the league to be seen internationally with FIFA+ streaming,” Ritchie said.

He added, “the TCIFA commends the growth of the coaching staff involved in the league and looks forward to further enhancing the competition to make them more competitive in the Caribbean leagues.”

Beaches FC and Cheshire Hall FC have both punched their tickets for the first two spots in the semifinals with a 2-0 win over Teachers’ Young Strikers and 5-0 thrashing of Provo United respectively in the first two quarter finals.

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Beaches Turks & Caicos celebrates Stars at its Annual Prestige Awards

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1 week ago

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May 13, 2026

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PROVIDENCIALES, Turks & Caicos Islands: — The French Village main stage at Beaches Turks and Caicos resort was transformed into a dazzling beacon of green and gold as the resort celebrated its highest achievers. Under the inspiring banner of “One Team, One Vision, Endless Achievements,” the annual Prestige Awards recently closed the chapter on an exceptional 2025.

More than 120 nominees across twelve distinct categories walked the red carpet, greeted by flashing cameras and the cheering of their peers. The evening was laced with vibrant entertainment that kept the energy high between award presentations. Attendees were also treated to an exquisite five-course menu, carefully curated to match the prestige of the occasion and celebrate the rich culinary talent present at the resort.

The event served as a powerful reminder of the dedication required to operate one of the premier family resorts in the Caribbean. General Manager Deryk Meany took the stage to address the audience while reflecting on a year of resilience, innovation and unparalleled guest service.

“This is a celebratory milestone that as leaders we are happy to share with the stars of the hospitality industry,” Meany shared. “You have shown the world the true mettle of leadership and commitment here at Beaches Turks and Caicos.”

To further recognize unique contributions to the resort’s operational success, Meany personally distributed the General Manager’s Special Awards. These honours were bestowed upon Eric ‘Cookie’ Johnson from the kitchen, Harriet Beeput from administration, and Javier Sarita from the entertainment department for their exceptional behind-the-scenes dedication.

The climax of the evening featured the announcement of the resort’s most prestigious overarching awards. Felipe Luzardo Neira from the kitchen took home the MVP of the Year (Manager of the Year) award, while Chad Peterkin from engineering and maintenance was named All-Rounder of the Year (Supervisor of the Year). The loyalty & travel department proved their collective strength by securing the A-Team of the Year title.

Individual team members were also recognized for their ultimate service standards. Deandra Astwood from the front office earned the Platinum Team Member of the Year award. The highest individual honour, Diamond Team Member of the Year, was awarded to Javain Campbell from the restaurant department. Campbell used his moment in the spotlight to highlight the importance of cross-departmental collaboration and community outreach.

“This accolade is a testament to the commitment and teamwork within all the departments of the resort,” Campbell noted after receiving his award. “The opportunity to volunteer at different Sandals Foundation activities as well as be a mentor to other team members means the world to me. This achievement will allow me to do more in leadership as I have been tasked with representing the entire team here at the resort.”

The Prestige Awards ensured that every facet of the resort’s operations received proper recognition. From environmental sustainability to guest entertainment, the specific category winners showcased a wide array of talents:

  • Movers & Shakers was awarded to Katherine ‘Tinkerbell’ Jiminez from the entertainment department
  • Legendary Team Member was secured by Kadian Smith from the restaurant
  • Circle of Joy went to Emanie Jocelyn Seide from security and loss prevention
  • Earth Guardian was claimed by Bernard Florvil from engineering and maintenance
  • Sandals Foundation Sentinel was awarded to Tanya Swann from administration
  • Standing Ovation Award was proudly accepted by Richard Myers from the laundry team
  • Money Maker Award went to Teesha McCallum-Hamilton from the resort shop
  • Heart of the House Hotel Manager’s Award was presented to Carlton Biggs from stewarding department
  • People’s Choice Award was won by Claire Ann Balones from the off site department
  • Pacesetter Award was given to Kassandra Henry from accounts & cost control
  • Founder’s Circle Award was claimed by Susan Outten from the restaurant

As the night drew to a close, the focus shifted to the rigorous selection process that led to the evening’s celebrations. The Prestige Awards do not merely look at a single moment of excellence, but rather evaluate a full twelve months of unwavering dedication to the guest experience. Human Resources Manager Owenta Coleby highlighted the rewarding journey these team members took to reach the main stage.

“This event is a culmination of a number of activities for the resort’s leadership and the team members who have been exemplary and consistent throughout the year,” Coleby shared. “Congratulations are in order for each nominee as they have been crowned winners for the different months of 2025.”

With the trophies distributed and the 2025 season officially wrapped, the staff at Beaches Turks and Caicos now look forward. Fueled by the “One Team, One Vision” mantra, these award winners are already setting the standard for another year of endless achievements.

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Health

29 Million Strong, the World Salutes Nurses as International Nurses Day is Observed

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1 week ago

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May 12, 2026

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On Tuesday May 12, the world pauses to honor one of humanity’s most trusted, exhausted, resilient and indispensable professions — nursing.

International Nurses Day is observed annually on the birthday of Florence Nightingale, widely regarded as the founder of modern nursing, and comes at a time when global healthcare systems continue to rely heavily on nurses carrying extraordinary emotional, physical and professional burdens.

According to the World Health Organization, there are an estimated 29 million nurses worldwide, making nursing the largest professional group within the global healthcare workforce. Yet despite their numbers, many countries continue to face severe nursing shortages, burnout crises and migration challenges as healthcare demands rise faster than staffing levels.

Still, nurses remain the heartbeat of healthcare.

They are present at life’s first breath and often its final moments. They work through hurricanes, pandemics, emergencies and violence. They calm fear, interpret pain, comfort families and frequently become the bridge between doctors, patients and hope itself.

In small island nations like those across the Caribbean, nurses often carry even greater responsibility — serving communities where resources may be stretched, specialists limited and healthcare systems under constant pressure.

This year’s observance again shines a spotlight not only on the compassion nurses bring to their profession, but also on the growing global call for better pay, safer working environments, improved mental health support and stronger investment in healthcare staffing.

For many people, the most memorable face in healthcare is not always the surgeon or specialist — it is the nurse who stayed a little longer, explained a little more gently or cared a little more deeply during a difficult moment.

Tomorrow’s observance is therefore more than ceremonial.

It is a reminder that behind every functioning hospital, clinic, emergency room, health center, operating theatre and recovery ward stands a nurse — often overworked, sometimes underappreciated, but consistently essential.

To nurses across The Bahamas, Turks and Caicos, the Caribbean and the wider world: thank you for showing up, even on the hardest days.

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

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