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."

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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.

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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.”

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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.

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by RTC Director

Commissioner of Police Edvin Martin Remarks at the Swearing–ceremony

Her Excellency the Governor, Mrs. Dileeni, Daniel-Selvaratnam.

The Honorable Premier Mr. Charles Washington Misick,

Speaker of the House, The Honorable Gordon Burton,

Her Ladyship, the Chief Justice, The Honorable Mabel Agyuemang

Her Excellency the Deputy Governor, Mrs. Anya Williams.

The Honorable Deputy Premier, Mr. Jamell Robinson

Minister of Tourism, the Honorable Josephine Connolly

Minister of Home Affairs, the Honorable Otis Chuck Morris

Minister of Immigration and Border Services, the Honorable Arlington Musgrove

Minister of Education, the Honorable Rachel Taylor

Minister of Health and Human Services, the Honorable Shaun Malcolm

Minister of Public Safety and Utilities, the Honorable Kyle Knowles

Attorney General, The Honorable Rhondalee Braithwaite-Knowles

Leader of the Opposition, The Honorable Edwin Astwood

Elected Members Representatives.

Permanent Secretaries and Executive Directors of the Civil Service Members of the Royal Turks and Caicos Islands Police Force
Executive.
Specially invited guests, Members of the Media, and persons listening and viewing at home and in the diaspora.

Ladies and Gentlemen,

Good Morning.

I wish to take this opportunity to extend condolences to the families and friends of Omarian Gardiner and Anlinco Lightbourne, who were killed over the weekend.

The first order of business is to thank God as he directs my path.

I am grateful for his guidance and his blessings. As the scripture says, and I quote, “To whom much is given, much
will be required.”
I am also aware of another scripture quote: "Unless he keeps the city, the watchman stays awake in vain.”
As I stand here before you, a humble servant, I remain conscious that God's infinite guidance, power, and wisdom will direct our path in executing this tremendous mandate.
I must also thank the Government and people of TCI, specifically Her Excellency the Governor and the Honorable Premier, for having confidence in my ability to serve these beautiful by nature Turks and Caicos Islands.

I look forward to working collaboratively with police officers, stakeholders, and the National Security Council to improve safety and security for all.
Colleagues, at this moment, I can feel the enormity of the responsibility bestowed upon me and the weight of accountability and
expectations of the Royal Turks and Caicos Islands Police Force and the community we serve.

I also feel an unprecedented opportunity and distinguished privilege to serve the people of this beautiful nation by leading the police force into an era of modern policing and greater community engagement.

I accept this responsibility, cognizant of the dynamic, complex, diverse, and multidimensional nature of the local, regional, and global criminal landscape.

As your Commissioner of Police, I assure you of my unwavering commitment to serving this nation with pride and integrity. I commit to being a Commissioner for the people and doing everything within my power to safeguard our communities from the threats of criminal elements.

These threats include but are not limited to Transnational Organized Crime and its associated ills of illegal drugs, gang violence, and illegal firearms, which are causing havoc in our communities.

We are facing Immigration challenges, the potential for acts of terrorism, technical crimes such as cybersecurity attacks, and a
plethora of domestic crimes.
I urge you not to despair; while those threats may be challenging, they are not insurmountable. Defeating these threats requires a police force that is focused, well-trained, and adequately resourced to confront these challenges and deliver optimal law enforcement services….because the TCI deserves nothing less.

The Royal Turks and Caicos Islands Police Force MUST retool and re-engineer its structure, methods, and approaches to prevent, respond to, and detect acts of criminality and those responsible.

It is understood that the community we serve demands greater efficiency and effectiveness from FORCE in ensuring community
safety and security.
But we can’t do this alone.
We need you.
Your community needs you.
The TCI needs you.
I need you.

Your Police Force needs you to work with us “Side by Side” to help us better serve you, deter the criminal elements that threaten our safety and security, and create a safer community.

I acknowledge that our force's true strength lies in its capability and arsenal and, more importantly, in its partnerships and collaborations to create safer and more resilient neighborhoods.
Fellow officers, please note that the public deserves an accountable police force, a police force that is PROFESSIONAL and responsive to the needs of its citizens.

One that is trusted and has the support of the people it serves.
In this context, as a service organization, and with any such organization, there will be allegations that cause the public to
question our integrity.

As law enforcers, we must seek out and purge the organization of any semblance of BIAS, CORRUPTION, and MALFEASANCE.
It cannot be a case of doing as I say and not as I do.
Simultaneously, at the Executive level, we must address the issues that negatively impact morale and motivation – particularly ensuring
fairness and impartiality in providing opportunities and ensuring the best candidates are promoted to ensure continuity and succession planning. Anything less will be an injustice to the organization and, by extension, the public.

Colleagues, we must do everything possible to inspire confidence in our police force and improve our legitimacy as gatekeepers of law and order.
To improve public trust and confidence, we will seek to create a force of COMPETENCE, PROFESSIONALISM, and INTEGRITY.

We will seek to establish an emotionally intelligent police force.
We will strive to have our officers versed in the application of the law and customer relations, discretion, and compassion while firm and decisive in responding to law violations.
My aim is for our officers, in the new dispensation, to relentlessly embrace and apply technological and scientific methods to pursue criminals who are causing fear of crime in our communities.

We are on our way to 21st-century policing.

In the line of duty, we encounter criminal elements who seem determined to cause harm and mayhem.
Our advice to you is to STOP NOW!!
There have been too many senseless, irrational, gut-wrenching killings and other acts of violence. The glaring disregard for human life and the safety of our communities is outrageous and unacceptable.

It robs society of its human capital needed to foster growth and development.

Under my watch, I can assure you that the RTCIPF will not sit idly by and observe this unrelenting rampage and havoc within communities.
Today, I call on you to put down your weapons of destruction and change your criminal ways.
The eye for an eye mentality will eventually result in the whole society becoming blind, and you are hurting and destroying the
same community you are a part of.
I am calling on officers, stakeholders, and community members to build a national coalition against criminality in all its forms.
Let us work together to flush this evil menace of violence from our midst.
Let us adopt an all-hands-on-deck approach. There should be no bystander in addressing this carnage in our communities.
I now take this opportunity to share a few intended actions the Force’s

The executive will seek to progress in building safer communities.
1. We will work aggressively to address the spate of violent crimes. (TOC immigration and violence).
2. We will collaborate with stakeholders to address safety challenges in the Tourism industry. I understand how critical it is
to our economy.
3. We will seek to redefine the police force's image and, by extension, become the “Pride of TCI.”
4. We will foster greater technology integration into law enforcement. (Drones, bodycams, CCTV and links).
5. We will restructure better to serve our people's current and future needs and achieve better alignment with contemporaries.
6. We will create a Transparent and Accountable Force.
7. We will expand community policing efforts while merging intelligence-led policing with problem-oriented policing into our
strategic planning processes.
8. We will increase our collaboration with stakeholders and the community through frequent Town Hall Meetings.
9. We will focus more on meeting our officer’s needs, including safety at police stations.
10. We will aspire to have a well-trained, well-equipped, technologically advanced police force that can adequately address our community's security needs.

Colleagues, it would be remiss of me not to recognize the efforts of the officers who have contributed immensely to community safety.
You may not be aware, but many officers remained on duty for days, sometimes weeks, often to the inconvenience of their families, in pursuit of solving serious crimes and protecting the community.
We will harness and sustain this dedication to duty to engender higher productivity.

Many thanks to Mr. Christopher Eyre and Deputy Commissioner of Police Mr. Rodney Adams for standing in the gap and doing
extraordinary work to advance the missions of the RT&CIPF.
I want to take this opportunity to assure the RT&CIPF ranks and file that, as your Commissioner, I will seek opportunities to improve working conditions, provide training, leverage partnerships, and ensure you are well-resourced to do the job you have been entrusted with effectively.

In conclusion, I pledge that my team and I will meet with various organizations in the days and weeks ahead.
I will visit communities across the TCI to engage you in fostering our partnership. I look forward to hearing your concerns and suggestions during these visits and at our Town Hall meetings as we chart the way forward.

Colleagues, I will also visit every station and department across the Force to learn about your problems and challenges.
Let's work tirelessly to create a safer and more just society.

Let us move forward with determination, integrity, and a commitment to excellence.
Thank You.

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by RTC Director

TCI POST CABINET MEETING STATEMENT - 10 APRIL 2024

Her Excellency the Governor Dileeni Daniel Selvaratnam chaired the 11th meeting of the Cabinet on Wednesday, April 10, 2024, at the Office of the Premier on the island of Providenciales.

 

All members were present except the Honorable Ministers of Tourism and the Environment and the Ministry of Home Affairs who were away from the islands on official duties.

 

At this meeting Cabinet:

• Approved the Border Force Bill 2024 as a standalone bill creating the legal framework for the legal operation of the Border Force for advancement to the House of Assembly

• Approved the Customs (Amendment) Bill 2024 as a standalone bill creating a legal framework for the legal operation of the Border Force for advancement to the House of Assembly

• Approved the Crime Prevention Strategy Targeting At at-risk Youth

• Approved to establishment the Juvenile Prevention and Intervention Council (JPIC), which will subsequently work collectively to develop policy and procedures, crime prevention strategy, and service legal agreements that will govern all services upon completion

• Approved TBH Provo Ltd. (The Hotel Operating Co. Ltd./Beach House) to extend a Refurbishment Order previously granted to complete refurbishments previously agreed

• Noted an information paper on the TCI National ID Concept Core Model 

• Approved the reappointment of Mr. Joseph Connolly as a Member of the National Insurance Board (employer representative) effective April 15, 2024, for a period of 3 years 

• Approved the appointment of Mr. Jermaine Fulford as a Member of the National Insurance Board (insured person) for a period of 3 years effective April 15th, 2024

• Noted an information paper on the Statutory and Good Governance Pay and Grading Review as of April 9, 2024, which is scheduled to take place from April to July, 2024  and to establish the Governance Committee

• Accepted the resignation of Bishop Vernal G. Clarke as a Member of the Health Regulation Board and agreed to rescind this appointment

• Approved the appointment of Bishop Andrew Stone as a Member of the Health Regulation Authority Board for a period of 3 years effective April 15, 2024

• Approved the appointment of the following individuals as Members of the Labour Tribunal for a period of 2 years effective April 1, 2024:

1. Mr. Edward Hall, Senior Member (representative of employees)
2. Mr. Samuel Williams, Senior Member (representative of employers)
3. Mr. Vernon Alco Williams, Senior Member (representative of employees)
4. Ms. Arnelle Taylor, Attorney (representative of employers)
5. Mr. Carlis Williams (representative of employees GDT)
6. Mrs. Kenya Forbes-Jagger (representative of employers)
7. Ms. Kerchelle Bain, Attorney (representative of employees)
8. Ms. Yolander Forbes (representative of employers)
9. Ms. Veronica Rigby (representative of employees) New appointment 
10. Ms. Mary Cunningham (representative of employers) New appointment 

 

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by RTC Director

SCOTIABANK TURKS & CAICOS SECURES 4TH WIN AS BEST BANK

Scotiabank Turks & Caicos has secured the ‘Best Bank’ award from renowned North American finance magazine, Global Finance for the fourth consecutive year.

The award celebrates banks that demonstrate the strength of strategy for attracting and servicing digital customers, success in onboarding clients to use digital offerings, growth of digital customers, breadth of product offerings, evidence of tangible benefits gained from digital initiatives, and website and mobile app design and functionality.

Dr. Suzan Snaggs-Wilson, Managing Director for Scotiabank Turks & Caicos said the bank continues to make significant investments in its digital infrastructure to satisfy its customers’ needs. She further lauded her team’s commitment to the bank’s digital transformation, noting that their encouragement among customers solidified the strong adaptation witnessed.

“At Scotiabank, we remain committed to proactively assessing and working to meet the needs of our customers through accessible and easy-to-use banking solutions that enhance their experience. This award underscores our strategic commitment to advancing accessibility and convenience across our services, and we take great pride in being honored with the esteemed Best Bank award for the fourth time running,” she said.

Dr. Snaggs-Wilson also highlighted the Bank’s convenient and customer-focused approach to banking positively impacted its client interactions and satisfaction.

The annual World’s Best Bank award selects the top performers among banks and other providers of financial services and has become a trusted standard of excellence for the global financial community. The magazine recognized 28 banks in Latin America and the Caribbean in this year’s 31st announcement.

Scotiabank Turks & Caicos joins its regional counterparts in Barbados, Jamaica, Trinidad & Tobago, and The Bahamas, in receiving the award.

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by RTC Director