STATEMENT OF DR CEM KINAY WITH RESPECT TO THE JOE GRANT SALE.THE TRUTH.

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Statement of Dr Cem Kinay with respect to the Joe Grant Cay’s Sale

Istanbul, Turkey 18 December 2013

I understand from Turks and Caicos Islands media sources that a 200 acre parcel of Joe Grant Cay has been sold for $4.04m in October 2013 in a transaction that was never made public.

I was sure that one day, the truth about Joe Grant Cay’s true value will come to the light, Today, is my day. For the past 6 years, I have been living stripped of my basic human rights and assets just because the TCI Courts have concluded in connection with a political donation made to Michael Misick on 9 January 2007 “there to be a very strong probability that the money was paid as a bribe in order to ensure that the Defendant companies obtained the benefit of the proposed (Joe Grant Cay) development” disregarding the fact that there was in reality no benefit at all, as we have paid the true and accurate value of this land which was USD 3.2 million for the same 200 acres parcel back in 2008.

More specifically, on the matter of Joe Grant Cay’s valuation, His Hon Justice completely ignored the Government’s valuation report obtained from BCQS, an independent commercial appraiser who valued 200 acres parcel of Joe Grant Cay, at USD 3.2 million for commercial use, exactly the amount of money asked by the Government in June 2008, which my development companies have paid in full.

What is more astonishing was the fact that His Hon Judge ruled (Para 36, The Judgement) ‘When instructing BCQS to give an alternative valuation, McAllister Hanchell did not tell them of the proposed development, so that their valuation made no allowance for the intended use of the land.’. The Learned Chief Justice has failed to recognize that BCQS valuation report specifically stated on Page 7 Item 3.5 ‘It is assumed that planning permission is available for the subdivision of the land for residential plots or for a commercial use.’ By omitting BCQS’s clear statement specifying “commercial use” in its report, The Hon. Chief Justice violated our right to a fair trial, and unfairly favored the Turks and Caicos Islands Government by omitting what the true valuation report states. Instead, the Hon. Chief Justice relied on a series of valuation reports prepared by the Turks and Caicos Island’s own employee Mr. Hoza, which are at best confused. Mr. Hoza’s valuation reports valued the 200 acre parcel at a whopping 45 million for commercial use!

For those who doubt that the Development of Joe Grant Cay is not innocent, I have only one question: We have paid 3.2 million in 2008 for this 200 acre land, and today, 6 years later, the same land has been sold for 4.04 million in an open market transaction ! I ask you what happened to the alleged tens of millions of dollars that the Government and some of our opponents claimed that this land was supposed to be worth?

I have the answer: The alleged valuation of this island was a big lie ! Joe Grant Cay’s 200 acre was never valued more than what we paid for. That was the exact reason why many internationally repute valuation companies as well as all the local valuation companies have valued it at the exact value that we paid for it. That is why both Hon. Governor Tauwhare, and later on Hon. Governor Whetherell have approved and executed the sale of this 200 Acre land to us for USD 3.2 million, and that was why the sale was approved by the Attorney General, TCI Invest, Ministers, and the Premier.

In fact, there was no “favor” from anyone for Joe Grant Cay. In fact, we have paid the true value of this land, and the shameless dark forces took away from us alleging the “undervalue” sale. The evidence is before you, the same land is now sold for USD 4.04 million after 6 years.

In the past five years, I have been victimized by politics. My assets were frozen and hundreds of people lost their jobs. I could have developed Joe Grant Cay and create much needed jobs, and further tourism income for Turks and Caicos Islands. I was denied my fundamental right to a fair trial in TCI, a red notice application has been filed with the Interpol for my arrest. I am calling upon the TCI Government and the Attorney General to end these groundless accusations against me, return my assets, and clear my name as I have done nothing wrong.

God Bless

JOE GRANT SCANDAL IN TURKS AND CAICOS ISLANDS

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The below article ,published in June 2012 in SUN

By Royal S. Robinson, MBE
The Interim Administration continues to try to have its cake and eat it as well as to operate in a very non-transparent way. When you take into consideration the premise on which they took over the country from the duly elected local representatives, the actions so far have not been to show you how best to get the job done, but how best to carry on the process by which cronyism is the hallmark of the day and picking winners of your own choosing is the best was in which to do business.
The British Government, FOC, DFID, SIPT and the Civil Recovery team declared that the original sale of land by the TCI government to Platinum was a corrupt transaction and as such should be recovered and redound to the benefit of the people of the Turks and Caicos Islands. Steps were taken through the Court system to have the land returned to the Crown and the court agreed that the land should be returned. No sooner than this exercise was completed (Platinum seem not to take an interest in appealing the court’s decision), there seems to be a concerted effort being made to now ensure that the Turks and Caicos Islands’ people do not benefit effective from the return of that land.
The first part of the deception and deceit started with the decision to sell the land to satisfy a mortgage that had been placed on the property by Temple as a result of Platinum borrowing some $2M and using the property as collateral. My understanding of the legal system is that if a leaf of the fig tree is tainted, then the whole tree is tainted. As it relates to this particular transaction, if it was corrupt for Platinum to obtain the land in the first instance, then any subsequent transaction had to be corrupt also.
So why was there a rush on behalf of the Interim Administration to satisfy Temple Mortgage? There can be one inference to be drawn and that is that someone in the Administration or very close to the Administration had something to be gained by the sale of the land by the government to satisfy the debt to Temple!
According to all previous pronouncements by the Interim Administration, all of the land that had been reacquired as a result of some fraudulent activity would be kept in the land bank for future generations to benefit from. So what is the real rush to dispose of this land at this time? Something smells fishy here.
Now in the proper scheme of things, if the Interim Administration had a real reason to dispose of the land for the benefit of the people of the Turks and Caicos Islands, the first thing it should have done was to specifically say so. Following on from that, it should have issued a Request for Proposals. If as they like to claim they are operating in an open and transparent manner, and they want to get the best value for money, that is what would have happen. But they have decided to pick winners from “their side of the ledger”. What is that called? Is it Insider trading? Or is it nepotism? I thought those were the common faults and flaws identified by Sir Robin Auld as being part of the systemic weakness and corruption in the previous political administration that had to be rooted out. But like Courtney Missick likes to say, corruption has only changed its colour, from black to white!
Now let us look at the local firm that got to market and sell the 200 acres of land on Joe Grant Cay. It is Sotheby’s and its local affiliate is Connolly-Zahm! Is it just coincidental that one of the principals of Connolly-Zahm if Mrs. Josephine Connolly, the wife of Advisory Council member Joseph (Joe) Connolly? As Ernie Clarke likes to say “I have the documents”. I will definitely like to see the documents showing that there is no nexus at all!
The old Finance and Audit Ordinance and Financial Instructions, followed by the now brand new Public Finance Management Ordinance, all speak to a transparent process with respect to the procurement of services by government.
As I have indicated before, there should have been a tendering process set up and the firm with the best proposal selected to carry out the work. The worst case scenario would have been to short-list say six of the local real estate firm that have international connections and ask them to submit proposals, I could live with that. I would have thought that that would have given me some piece of mind that I would have been getting value for money.
What I still cannot fathom is how the governor fixed his mouth to call the initial land transaction of Joe Grant cay corrupt and it had to be returned to the people, but no sooner was that done, he is out there secretly trying to sell that asset. Something untoward must be afoot here. I just cannot for the life of me understand the amount of double standard that is being used by this Interim Administration, save to say that a concerted effort is being made dispose of everything of value that belong to us, in a manner that they feel and say that it is in our best interest so to do.
I have never seen so many thing done in my best interest, that am totally opposed to as is happening with these bumbling idiots at the helm. As time progresses, everyone is seeing that the Emperor has on no clothes and is operating in a clueless manner.
How the Interim Administration hopes to be able to get away with such blatant disregards for the rules that they say they came here specifically to enforce and demonstrate the ethics of doing things in the proper manner?
However, what they have and are demonstrating to us is that what we were doing was child’s play and they are certainly showing us how bad business should operate. That does not give us faith and comfort in these operators. That is why on the streets there is now total skepticism as to the real reason the intervention took place.
We must by now be in a position to determine for ourselves that what is currently being done to us is neither right nor fair! The reset button has now been pushed by the setting of the date for elections. We should all go out and get registered so that we can send a clear and unambiguous message to the Interim Administration that business as usual will not be the order of the day. Joe Grant Cay has not been sold as yet and it is not too late to restart the process on a proper footing.
There cannot be a rush as there is a surplus budget proposed, so the money from the sale is not critical to our financial position except that the Interim Administration is hell bent of getting from under the loan guarantee as quickly as possible and to hell with whatever adverse consequence to the Turks and Caicos Islands people!

published in Sun TCI

British Developer Pleads Guilty in Turks and Caicos Islands Corruption Case

British developer pleads guilty in Turks and Caicos corruption case
Published on June 3, 2013

PROVIDENCIALES, Turks and Caicos Islands — British developer Richard Padgett pleaded guilty in the Turks and Caicos Islands (TCI) on Friday to charges of bribery and conspiracy to pervert the course of public justice by agreeing to present false or forged documents to a Commission of Inquiry.

At a plea and directions hearing on April 15, Mr Justice Harrison agreed that Padgett should be allowed to enter his pleas at the first reasonable opportunity. His case was adjourned to May 31, this being the next most convenient date for the judge to return to the TCI.

Padgett is currently suffering from ill health and in the opinion of his doctor is not fit to travel to the TCI, it was therefore agreed by the court that his pleas be entered from England, by a video link to the Supreme Court.

Padgett and the Crown were represented in both jurisdictions by counsel.

After his pleas of guilty were entered, the case was adjourned to September16 for mention as to the appropriate date of sentence.

Padgett, who has been on bail throughout the proceedings, remains on bail.

The TCI government also announced on Friday that it has settled all civil claims and proceedings against Padgett and his companies. That includes civil claims arising from the Third Turtle Development referred to in the report of the Commission of Inquiry, and a separate civil claim arising in relation to Crown land on East Caicos acquired by a company controlled by Padgett.

Under the settlement, Padgett has transferred to the government land valued at approximately US$7 million, and has made a cash contribution of $75,000 to the costs of investigating the claims.

This takes total land recoveries made by the civil recovery team to 3,058 acres, in addition to $19.6 million in cash paid or to be paid to the government.

Attorney General Huw Shepheard commented: “We are pleased that these disputes have now been settled with the transfer to TCIG of a substantial amount of further land of significant value. This settlement brings to a successful conclusion the civil claims brought in relation to the major developments referred to in the report of the Commission of Inquiry. As reported, other claims and investigations continue to be progressed by the Edwards Wildman civil recovery team.”

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SPECIAL PROSECUTOR HELEN GARLICK ISSUES UPDATE ON CORRUPTION CASE IN TURKS AND CAICOS ISLANDS

HELEN GARLICK ISSUES UPDATE ON SIPT CASES

“The Plea and Directions Hearing in this case has been adjourned to September 16th. I have made it clear that I will not comment on the evidence in this case or on any other issue that is for the court of trial to decide, except that where it is right to do so, I will correct mis statements made in public by other people and will also provide as much information as I can about the proceedings.

“There are currently 10 defendants awaiting trial before the Supreme Court. In May 2012 all of them were sent for trial on all charges by Justice Ramsey Hale. Before a trial date can be fixed there are several preliminary matters that need to be decided by the trial Judge in Plea and Directions Hearings. The prosecution have been ready to conduct a Hearing since July 2012 and all the necessary evidence and written submissions have been served on the accused.

“The reason for the continued delay is that the majority of the accused have applied for and been granted legal aid but have rejected the rates fixed by the Registrar and challenged that decision by applying for Judicial Review. The SIPT had no involvement in the Legal Aid decision, this was a matter between the accused and the Registrar. However, we have been joined to the Judicial Review proceedings as an interested party. The application for judicial review was rejected after a hearing before on 8th November 2012. An appeal was also rejected unanimously by the Court of Appeal on 24th January 2013.

“The accused concerned are now applying for leave to appeal to the Privy Council. That application has not yet been made. If they are refused permission to appeal by the Court of Appeal, they have the right to renew their application directly to the Privy Council and it could therefore be some months before this matter is resolved finally.

“The accused have the right to exhaust all legal avenues of appeal but there should be no misunderstanding that however long it may take, the law must take its course and there will be a trial.

“As to the position of Michael Misick, his claim for political asylum is being dealt with in accordance with Brazilian law and the SIPT and the AG are not parties to that process. The request for his extradition could not be dealt with until the asylum claim was decided. The claim had been refused at first instance but he had lodged an appeal to the Minister for Justice. On Monday 15th April the Minister refused his appeal. I am advised that the extradition process can therefore begin. However there should also be no misunderstanding first that, however long it may take, if Michael Misick is returned to the TCI, he will stand trial and second that in the meantime the trial of his co accused will continue.”

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Former Turks and Caicos Premier Michael Misick Rearrested Again In Brazil

MICHAEL MISICK REARRESTED IN BRAZIL
Former Premier of the Turks and Caicos Islands Michael Misick was re-arrested by Brazilian Federal Police late in the evening of Saturday 13th April 2013 in Sao Paulo, Brazil on the authority of a Brazilian Supreme Court judgement, according to Governor’s spokesman Neil Smith.

Smith said that on Monday 15th April 2013, the Brazilian Justice Minister issued his decision to refuse Michael Misick’s appeal against a decision not to grant him political asylum. The decision was published on Tuesday 16 April in the Brazilian Official Gazette.

Misick was first arrested on 7th December 2012 by Brazilian Federal Police acting on a provisional arrest warrant. Arrest was sought by the TCI Special Investigation and Prosecution Team (set up to investigate issues arising from Sir Robin Auld’s 2008-09 Commission of Inquiry).

TCI prosecutors submitted formal extradition papers on Monday 28 January 2013 within the required 60 day time limit from the time of Michael Misick’s arrest. It is hoped that the extradition process can now proceed unhindered.

Smith said in the press release that Misick faces a number of serious charges relating to corruption and maladministration in TCI during his time in office.

“ It is in the best interests of the TCI that allegations of wrong doing are thoroughly investigated and that Michael Misick returns there as soon as possible to answer these charges. As Michael Misick was born in a British Overseas Territory, he is, therefore, receiving British Consular Assistance; he was last visited by British consular officials on Monday 15 April in Sao Paulo,” Smith added.

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Settlement with Former Minister and Pleading Guilty in Turks and Caicos Corruption Case

20130416-114814.jpg20130416-114825.jpgimage“UPDATE ON SIPT CASES
Published Sun TCI on 15th April 2013

The Special Investigation and Prosecution Team (SIPT) on Monday April 15th dropped all criminal charges against Samuel “Sammy” Been after he reached an agreement with them and the Attorney General’s Chambers to give up a portion of his commercial building, the Sammy Been Plaza, on Airport Road, Providenciales. The value of the settlement is approximately $850,000.
Developer Richard Padgett has agreed to plead guilty to various charges including bribery on May 31st, 2013. Because he is medically unfit to travel to the Turks and Caicos Islands, Padgett will make his plea by way of video link from the Central London Court at 10 a.m. on that date.

SIPT Prosecutor Andrew Mitchell, QC, said if Padgett is sentenced to jail, provision will be made the have him serve his prison term in England and Wales.

The SIPT cases which were heard before Mr. Justice Paul Harrison, have been adjourned until September 16th, 2013.”

Attorney General in Turks and Caicos settles with Former Minister in Corruption Case

Attorney general settles with Samuel Been, prosecution discontinued
Published on April 16, 2013

Attorney General Huw Shepheard said on Monday that he has agreed to settle civil recovery proceedings brought against Samuel Been, one of the defendants facing criminal charges as part of the inquiries pursued by the special investigation and prosecution team (SIPT).

Samuel Been
“At the same time criminal proceedings against him for an offence of conspiracy to defraud and acquiring the proceeds of criminal conduct, contrary to s29 Proceeds of Crime Ordinance 1998 will be discontinued,” Shepheard said in a statement.

The settlement will result in the transfer to the TCI government of property owned by Been at Sammy Been Plaza, Providenciales, valued at $825,000, he added.

Been is the former husband of Lillian Boyce, a former minister in the previous Progressive National Party (PNP) government, who has also been charged with criminal offences in relation to government corruption.

It had recently been rumoured locally that Been would escape prosecution by agreeing to give evidence against his co-defendants.

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