#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.”

South Side Jet-ski Buoy

Providenciales, Tuesday 30 April, 2024 – The Department of Environment and Coastsal Resources (DECR) would like to make all jetski operators, jetski owners, jetski users, watersports operators, tour guides, and the public aware of ‘No jetski’ buoys that have been installed within the Princess Alexandra Land and Sea National Park and Nature Reserve.

Additional buoys will continue to be deployed and are strategically positioned along the perimeter of protected areas, serving as a clear boundary beyond which jet skis are not permitted. All jet ski users are to heed that jet skis are strictly prohibited within all protected areas in the Turks and Caicos Islands, in accordance with the National Park Ordinance (11 of 1975):

Section 3(1) Prohibitions and permitted activities within all National Parks

(g) Jet skis and hovercraft

Section 3(2) Prohibitions and permitted activities within all Nature Reserves

(f) Water skiing, jet skis or hovercraft

Section 3(3) Prohibitions and permitted activities within all Sanctuaries

• Water skiing, jet skis or hovercraft

Emerald Point Buoy

Section 3(4) Prohibitions and permitted activities within all Areas of Historical Interest

(g) Water skiing, jet skis or hovercraft

A person contravening these regulations commits an offense and is liable on summary conviction to a fine of between $5,000 and $50,000 or a term of imprisonment, or both, as per Section 13 of the National Park Ordinance.

The accompanying map delineates the protected areas (highlighted in red) and indicates the placement of the buoys. It should be emphasized that the regions shaded in red signify areas where jet skis are not prohibited.

Should you require further clarity, please contact the DECR at (649)338-4170 or email environment@gov.tc

The Turks and Caicos Islands Government cannot comment on ongoing legal cases before the courts but confirms the following four (4) US nationals have been charged for possession of ammunition offences against the Firearms Ordinance (as amended).

• MICHAEL LEE EVANS, 72, of Texas, pled guilty to possession of seven (7) 9mm rounds of ammunition. Appeared before the court on Wednesday, 24th April 2024, via video conference link. Currently on bail, with sentencing hearing adjourned to June 18th, 2024.
• BRYAN HAGERICH, Pennsylvania, pled guilty to possession of twenty rounds of ammunition  (rifle rounds). Currently on bail. Scheduled to reappear in court on May 3rd, 2024.
• TYLER SCOTT WENRICH, 31, of Virginia, is currently remanded at the Department of Corrections and Rehabilitation (Grand Turk). He is charged with possession of two (2) 9mm rounds. He has not applied for bail.
• RYAN TYLER WATSON, 40, of Oklahoma, currently on bail, charged with possession of four (4) rounds of ammunition. Appeared in court on April 24th, 2024. The matter was adjourned to June 7th, 2024

Persons in the Turks and Caicos Islands do not have a constitutional right to carry firearms. The Turks and Caicos Islands welcomes all visitors but reminds travellers that the importation of firearms, ammunition (including stray bullets), and other weapons is strictly forbidden unless licence to do so has been issued by the Commissioner of Police.

The Turks and Caicos Islands have clear laws against the possession of firearms and or ammunition and strict penalties in order to serve and protect the community. Firearm and or ammunition offences carry a mandatory minimum custodial sentence of twelve years plus a fine. An Attorney General’s Reference to the Court of Appeal certified that where a court finds there are exceptional circumstances, the sentencing judge has discretion to impose a custodial sentence (less than the twelve years) and a fine that are fair and just in the circumstances of each case. The Turks and Caicos Islands is a British Overseas Territory with a common law legal system.

Travellers are strongly advised to search their luggage before they travel to the Turks and Caicos Islands to ensure they do not bring in forbidden items inadvertently. The Turks and Caicos Islands reserves the right to enforce its legislation and all visitors must follow its law enforcement procedures.

The Transportation Security Administration screening in the United States may not identify ammunition in a traveller’s baggage; it is the traveller’s responsibility to ensure their baggage is free of ammunition and/or firearms. Permission from an airline carrier does not constitute permission to bring firearms or ammunition into the Turks and Caicos Islands and will result in arrest.