Yet another major development has come under the spotlight of the Civil Recoveryteams as this time RTC can reveal that on 14 January 2011, the Turks & Caicos Islands Government issued civil proceedings against Oceanpoint Developments Limited and Richard Padgett arising out of the development known as the Third Turtle Club on Providenciales.
Those proceedings have now been served on the Defendants.
TCIG’s claim against Oceanpoint and Mr Padgett alleges that by a series of corrupt transactions (namely, secret commissions, illicit rewards or inducements, and/or bribes provided or paid to Michael Misick and Floyd Hall, both directly and indirectly and through payments to the Progressive National Party) made by or on behalf of Oceanpoint, and/or fraud, Oceanpoint and Mr Padgett secured for Oceanpoint benefits and advantages in relation to the Third Turtle development, namely, the promotion in Cabinet of papers in support of the development, the execution of a Development Agreement, the grant of concessions, benefits and discounts, and the allowing, and/or favourable treatment, of Oceanpoint’s appeals against the conditions that had been imposed by Cabinet in relation to planning permissions.
TCIG further alleges that Oceanpoint and Mr Padgett conspired together in order to secure those benefits and advantages. TCIG is seeking a declaration that it is entitled to terminate the Development Agreement, a further declaration that it is entitled to terminate all related licenses and permits, as well as damages, interest and costs.
These are the latest set of proceedings issued by the Civil Recovery team since they began their work at the end of 2009. Proceedings have now been issued by the Civil Recovery Team in respect of most of the major development projects identified by Sir Robin Auld in the Commission of Inquiry Report. The Civil Recovery team continues to be involved in a substantial number of active recoveries and further sets of proceedings are expected to be brought.
