RTC Director

Attorney General wins major victory for the Government

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 Appeal handed down its decision on the appeal, overturning the judgment in the Supreme Court, and ruling in favor 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 that 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 create [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:

The TCIG is entitled to possession of parcels 60602/429 ; 60602/430 and 60602/431.
Mr. Selver must vacate parcels 60602/429; 60602/430 and 60602/431 within 90 days from the date of the Order.
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.

Mr. 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 clarify the impact of the Crown Land Ordinance on some of the legacy matters that we are seeking to bring to a close. This judgment 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."

by RTC Director

Minister of Public Safety and Utilities is on the move around the Islands

Hon. Kyle Knowles in “Forging Ahead: Building A Stronger, More Sustainable Ministry” has begun to set out on his mandate as he and his Executive team continue introductory visits around the Islands within the Departments of the Ministry of Public Safety and Utilities.

The Minister accompanied by Permanent Secretary Mrs. Bridgette Newman, Director of Water Undertaken Mr. Omowale Harvey, Head of Secretariat Ms. Shanetta Thompson, and Executive Administrator Ms. Jasmine Malcolm on April 19th, 2024, ferried over to the Salt Cay.

The visit aimed to familiarize himself with the staff and to view the water plant and all water distribution sites on the Island.  The Hon.  Minister also took the opportunity to hear and observe the Department's successes, challenges, and concerns firsthand.

Additionally, it allows the Minister the opportunity to communicate with the community on his position, goals, and objectives as their new Minister with responsibilities of Water Undertaken.

The Minister and his Executive Team look forward to their upcoming visits to the various Departments around the islands as they continue to build a stronger, more sustainable ministry.

by RTC Director

KENDALL DEAN aka “Mad Max” Convicted of Murder

Blue Hills resident KENDALL RONDRE DEAN has been convicted of murdering JOSHUA SWANN.

Mr. Dean, also called "Maddie", "Mad Max", and "Dre", was found guilty by a nine-member jury yesterday (April 22nd) in the Grand Turk Supreme Court.

Following the verdict, Mr Dean was remanded to Her Majesty's Prison, pending sentencing on 10th June 2024.

Based on the evidence presented, Mr SWANN of Five Cays was shot multiple times about the body on Sunday, August 8th, 2021, while at North West Point, Providenciales.
Mr Swann was transported to the Cheshire Hall Medical Center, where he succumbed to his injuries.

Detectives of the Serious Crimes Unit received a report, and following intensive investigations and interviews, Mr Dean was arrested and subsequently charged.
Shortly after the verdict, Deputy Commissioner of Police Rodney Adams said, “This conviction demonstrates the RTCIPF’s commitment to bringing to justice those who cause the most harm throughout our communities using illegal firearms.

“This is an example of the effective coordination of the various units across the Force in supporting the lead detective in bringing about this conviction. The RTCIPF is grateful for the information provided by witnesses who came forward.

“Well done to all, including our international partners, for their support in safeguarding witnesses. This shows that the witness protection program is working.

“By coming forward, individuals can help hold perpetrators accountable and make our communities safer for everyone. I also wish to thank the officers who worked tirelessly on this case. Together, we can make a difference.”

by RTC Director

REMARKS BY HER EXCELLENCY THE GOVERNOR, DILEENI DANIEL-SELVERATHNAM AT THE SWEARING-IN CEREMONY OF THE NEW COMMISSIONER

Today marks a significant moment for the Royal Turks and Caicos Islands Police Force as we gather to witness the swearing-in ceremony of Mr. Edvin Martin as our new Commissioner of Police.

I would like to start by expressing my sincere condolences to the families and friends of those who lost loved ones over the weekend. I know the trauma of the loss is felt keenly by all, with increased concern for the safety of our communities and the lives of our youth. It is particularly sobering that the mother of one of the victims is a dedicated social worker who works diligently to ensure protection and safeguards for our at-risk youth.

Together let us honour the memories of those we have lost by standing united in condemning all forms of violence and senseless acts of aggression.

These are sobering times indeed. The Turks and Caicos Islands continues to grow as a nation, her economy is steadfast, and her picturesque beauty is renowned around the world. However, we are all acutely aware that the factors that threaten our peace and prosperity are now more complex than ever.

In our collective efforts to address the threats we face, the principles by which the police conduct their duties – to protect; to prevent crime; to bring to justice those who break the law; and to keep the peace – remain central to our policing response.

The appointment of Mr Edvin Martin as the Commissioner of Police comes at a pivotal time. Our current greatest challenge is that of threats aligned with national security, both internal and external - transnational crime and irregular migration.

Tackling the concerning rise in violent gang-related crime and threats to our border security is our key focus. The National Security Council is working as a priority to develop strategic interventions that will strengthen criminal justice outcomes for the Turks and Caicos Islands, critically starting with prevention and the development of community policing; and looking holistically at detection and investigation, charge and prosecution, hearings, sentencing and rehabilitation.

In support of our border security efforts, we are working with the Joint Maritime Security Centre to embed new assets to secure our maritime domain awareness and support patrols of our waters.

We are sharpening the tip of our spear by investing significantly in our front-line enforcement agencies so that they are strengthened with new strategic, tactical and operational capabilities. We are resolute - we will not back down from any challenge and we will not ignore the threats that touch us all.

Addressing these threats requires efforts from not only the police but from all partner agencies and each of our communities. A strong relationship between the police and the communities they serve is of critical importance, now more than ever. Trust and confidence of the community are key.

The selection of Mr. Martin as our new Commissioner was guided by the need for an experienced policing lead, consummate in tackling effectively complex organised crime and who could strengthen the bond between law enforcement and communities across our islands.

Mr. Martin brings with him a wealth of operational and regional experience, with a distinguished career in law enforcement that spans many years. His leadership roles include his tenure as the head of the Royal Grenada Police Force and his instrumental role in leading the CARICOM Gun Crime Intelligence Unit with regional and international partners, which are a testament to his leadership skills and unwavering commitment to the cause of justice.

I am delighted to welcome you, Commissioner Martin, to your new role and to the Turks and Caicos Islands. Your committed public service and regional policing expertise confirm the public service that I know you will deliver dutifully as our Commissioner of Police.

In closing, I would like to thank Deputy Commissioner Adams, the Force Executive and the rank and file of the Royal Turks and Caicos Islands Police Force for their committed service in keeping our islands safe. I am confident that Commissioner Martin’s leadership will inspire us all to strive for excellence and make a positive difference in the communities we serve.

by RTC Director