DR.CEM KINAY:JOE GRANT CAY PURCHASE WAS FAIR AND JUST

JOE GRANT CAY PURCHASE WAS FAIR AND JUST.

Statement of Dr Cem Kinay
with respect to Joe Grant Cay Undervalue Allegation

Istanbul, Turkey – 2February 2016

I have read in recent news that it is alleged that Joe Grant Cay, a Crown land, was valued at $75 million but was sold to my companies for $3 million.

I can not afford lawyers as Turks and Caicos Islands Courts have frozen all my worldwide assets not allowing me to spend any funds towards my right to defend myself and my companies, but I will make this statement today to set the record straight.

The allegations against Joe Grant Cay and myself are totally baseless. It is claimed that 200 acres of the 710 acres of the Joe Grant Cay Island was purchased at an alleged undervalue in June 2008. The undervalue claim is based on a set of confused valuation reports prepared by the Government’s Valuation Officer, Mr. Shaban Hoza which was different from the valuation report prepared again for the Government, instructed by Hon. Governor Richard Tauwhare in June 2008 , by an independent accredited commercial appraiser in TCI, BCQS who valued 200 acres 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. It is significant that his Hon. Governor increased the price on the back of the BCQS valuation report from USD 2 million to USD 3.2 million.

Following our purchase, I have obtained 5 more valuation reports to justify the price of this transaction, 2 from local valuation companies and 3 from internationally repute appraisers: CB Richard Ellis and Ernst & Young in the USA; and Savills of UK which all agreed on similar valuation levels of the BCQS report which was the just and fair value of this Crown land.

The Development Agreement of Joe Grant on the other hand, was negotiated over almost 2 years with the Attorney General’s Chambers before Hon. Governor Whetherell and Hon. Rhondalee Braithwaite executed it on behalf of the Crown on 7 November 2008. Joe Grant Cay Development Agreement signed by Hon. Governor Whetherell does not contain any privileges, favors or better conditions than any other Development Agreements signed by him or any other recent development agreements signed by previous Hon. Governors. All negotiations were dealt over almost two years by the development companies professional management team, our lawyer Owen Foley at Misick & Stanbrook, my joint venture partner’s lawyer Mr. Chal Misick, Attorney General’s Chambers and TCI Invest.

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 evidence that I have sent, stating that I was “late” sending evidence to the trial. My appeals were rejected and TCI Government has taken Joe Grant Cay back from my companies only to sell the same Crown Land, Joe Grant Cay for USD 4.04 million in October 2013.

For those who doubt that the development of Joe Grant Cay is not innocent, I have the following to ask: We have paid 3.2 million in 2008 for this 200 acre land, 5 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 and Hon. Rhondalee Braithwaite, Deputy Attorney General back then. Do you really believe that they were all ‘deceived’? and did not know what they were selling?

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 people of Turks and Caicos Islands was going to benefit from Joe Grant Cay development as this project was going to provide a sustainable source of income for the local economy. Today, we could have celebrated the opening Dellis Cay, and the commencement of construction at Joe Grant Cay. These could have provided much needed employment opportunities. I have seen the progress in North Caicos with my own eyes during Dellis Cay’s construction and I have no doubt new businesses could have flourished both in North and Middle Caicos if we could complete what we had started.

In the past years, I have been victimized by politics. My assets were frozen and hundreds of people lost their jobs.

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. I have spent all my wealth in Turks and Caicos Islands, and lost most of my investments, lot of purchasers lost their investments too.

I still desire to realize my dreams concerning Dellis Cay and Joe Grant Cay. I have spent all my life in building my reputation. My life is full of success stories and honors. I intend to spend the rest of my life to defend these honors.

God Bless

Interview about Joe Grant in Turks and Caicos Islands

  • Dr Kinay, for this interview is the subject Joe Grant Cay in Turks and Caicos Islands. This Cay is one of the less known cays, and its story came up to the attention of the TCIlanders because of bribe allegations in Turks and Caicos. Dr Kinay, What is Joe Grant Cay?

 

Joe Grant’s Cay is a beautiful but remote, uninhabited 712 acres cay located in a remote section of the archipelago between Middle Caicos and Easy Caicos. It is accessible only by sea. The last time I took a boat to visit it, it took me 2 hours from Providenciales to get there. This Cay has no dock, no road, no electricity, no water neither any form of other infrastructure. It is inhabited like East Caicos. The cay is composed mainly of consolidated rock with the ocean frontages consisting of either sand or “iron shore”.   The elevation is low and the shallow water depths at some parts of the island for do not allow visitors to access other areas. These difficulties do not discourage us, as at the end, when properly developed, this Cay is a beauty.

 

We have bought 200 Acres of this island on June 20, 2008 from the Crown through a transfer of title executed by the former Governor., Hon Richard Tauwaree and on November 7, 2008, the former Governor, Hon. Whetherwell has executed a Development Agreement with us for the development of the whole island.

 

  • What is the role of you in this project?

 

When I first came to Turks and Caicos Islands in 2005, I had already my development company O Property Collection in Austria. This company is where I, and my partner Oguz Serim offer our development advice to projects. O Property Collection has, from the first days of this project, ,is acting as “developer” bringing its expertise, in construction, sales, marketing. The center of any development is people. Community is very important. My company’s vision is to create design driven projects. God has already placed a beautiful design for Dellis and Joe Grant, it is now up to us, with respect, to treat these beauties with the best architecture and standards there is.

 

  • What do you want to develop on this island?

 

We want to develop the island with an environmentally friendly Hotel and then Villas in the natural surroundings. We have retained top environmental engineers from Florida, and we already started the process of Environment Impact Assessment. We designed our project with a high class architect from italy, and have signed a brand and management Indent with a very famous brand. The most important consideration though is that this will be a low density and green development.

 

  • When you first heard of Joe Grant Cay? How did you get involved?

 

I first got interested in Joe Grant Cay In December 2006 when I was informed that negotiations with some developers for a proposed project on Joe Grant’s Cay had run into difficulties and I was asked whether I could be interested to take this development further. The Government already had a price for sale on the Cay, US$5 million according to a formal offer that the former Government had placed before the previous developers in November 2006. My initial views for the Cay was that it was a remote location, no infrastructure and it involved Crown Land, and that meant the need of a Belonger Partner. I was not familiar with this process as my first investment Dellis Cay, is a private transaction and does not involve any Crown Land.

 

  • Did you know any of the previous developers?

I understand form the discussions in the past months that there were a number of developers who wanted to take this Cay prior to my involvement in early 2007. I do not know and have never done any business with the gentleman named at the discussions at the Commission of Inquire,. whether in relation to Joe Grant’s Cay or otherwise.

 

  • Who is you local/belonger partner?

 

I was already heavily engaged in our Dellis Cay project, and having regard to the Crown land policy (of which I was then aware), I thought it sensible to have a belonger partner in the development. In that respect, a company called Oceanic Development Ltd owned by Don Gardiner became my partner. I respected Don very much whom I already knew socially. As you may recall he was the President of the Turks and Caicos Islands Tourism Board. I understood that Don was involved in the development prospects of Joe Grant Cay with the previous developers so he was very familiar with it. We have executed a Joint Venture Agreement with Don’s company in January 2007, and became partners in a company called Caicos Platinum Ltd, a company that was the recipient of the first formal offer of US$5 million from the Government back in November 2006.

 

 

  • When did you buy Joe Grant Cay.

 

See, that has never happened. We did not buy Joe Grant Cay. We bought the freehold of the 200 acres of Joe Grant Cay, and the rest (512 acres) is provided to us by a Conditional Purchase Lease through a development Agreement. I am not sure whether you followed it, but this island was first offered at US$5 million to Caicos Platinum Ltd, when that company was owned by previous developers. Then, 200 Acres of it (approximately 30%) was offered to us at $2 million in early June 2008, by the decision of Cabinet, led by His Excellency the Governor Richard Tauwaree. At the specific instance of the Government (and with some reluctance on our part given the risk to which we were thus being exposed in advance of the conclusion of a development agreement), we were asked to close the purchase of the 200 acres hotel parcel on an urgent basis, apparently because of very low cash flow issues at Government level. Having agreed to do so, the Governor again changed its mind, obtained a new valuation by a third party QS and informed us on June 19th, 2008 that the price of the hotel parcel had been increased to $3.2 million. We paid that price for 200 Acres and bought a portion of Joe Grant Cay on June 20th, 2008 on de day of Groundbreaking Ceromonie of Dellis Cay.Governor Tauwaree came in the afternoon to this Ceromonie,was very happy,that Joe Grant deal was finally closed after 1,5 years of negotiations.He congratulated me on the day,the funds of the transaction was in the account of government.

 

 

  • What about the Development Agreement?

 

You know, it took us almost 2 years from the first discussions, but 5 months after our acquisition of the 200 Acre parcel, in November 2008 to get a Development Agreement. I am not sure whether you re know but The Governor executes all major agreements on behalf of the Government. So, our that time new Governor HE Gordon Wetherell, Attorney General Hon.Rhondalee Braithwaite and our CEO, Director, Michel Neutelings have met for the execution of the Development Agreement.

 

  • Dr, Is there anything special in the Agreement?

 

All development agreements in Turks and Caicos Islands, usually have more or less the same provisions. However, we have an additional obligation on our part to pay 15% on the gross amount on the sale of villa lots in the development to the Crown. I am not privy to all development agreements in TCI but I am not personally aware of any other development agreement which contains an obligation of that nature. From the standpoint of the public, it is clear that if my partners and I make a major investment on Joe Grant’s Cay such that the price which a buyer might pay for a villa lot is greatly enhanced, the Government receives a corresponding benefit without any of the business risks undertaken by the developer. Joe Grant Cay was going to be a new source of income for the TCI Government and TCI islanders. This remote and unhabited island was going to be the home for a new hospitality project providing new jobs and opportunities for everyone. I would imagine that most of the ex middle caicos residents would returned to their home from their present endeavors in Providenciales. In summary, this project had a very important social aspect. I have on many occasions discussed these aspects with both Honorable Governors Tauwahare and Whetherel.

 

  • There was a discussions about the valuation? What you have to say on it?

Look, I am a developer, a businessmen. I got interested in this deal as the 712 Acres was available at US$5 million to a number of developers who apparently did not perform. I wanted to buy at this price. At the end, I have negotiated more than 18 months to get 30% of this cay at US$3.2 million. I took a significant risk by paying that price and closing that purchase without having a signed development agreement with TCIG, with no guarantee that we could carry out our development plan or acquire the rest of the Cay.

 

Now coming to the valuations, I understand from the Inquiry that under the leadership of the HE Governor Tauwaree himself, the Cabinet has sought a number of conflicting valuations both from their own valuation department and from a private commercial appraiser on June 2008. They have as the Cabinet, together with HE the Governor, have decided to take the valuation of the commercial appraiser as it reflected the market value.

 

Now, the question is why did they not picked the high value but the low value?

 

My answer is that the valuation of the land is obviously a matter for the Crown and for experts in that field. That is why I I have hired some of the leading experts in this field to assist me. What they say is simple: the Valuation officer has attempted to value this property by direct comparison to couple at Ambergris Cay, and sale listings from marketing brochures (and not actual transactions) at North Caicos Marina and Middle Caicos. I am told that those comparables do not come near being appropriate for the purposes of valuing Joe Grant Cay.

 

At Ambergris Cay, for example, lot sizes of between 0.32 – 1.85 acres each are compared to our project of 700 acres.   In addition, Ambergris Cay forms part of an established luxury brand, and considerable expenditure has been undertaken on the extensive infrastructure. I do not know if you know but Ambergis Cay has all its utilities underground, electricity and water, It is the only island in this country which has an underground sewer system. Everything is self-generated on the island, water making, the treatment of the sewer system. It has even an uncompleted marina that is not completed but obviously a port facility) including the inclusion of the biggest private runway (6,000 feet) in the Caribbean. Overall Ambergis Cay it is a self-sufficient island that has all of the amenities and can function, unlike North and Middle Caicos which has to have power on the sea cable from Providenciales. North Caicos Yacht Club is also a developed property, so no parallels to undeveloped land neither. We also understand that the valuer has used “sales brochure prices” in 2008. The Middle Caicos comparative is based on a sales listing as well, which was withdrawn from the market after 22 months listing period and not sold.

 

Now, that is what experts say. These will all come out soon. Now if you ask me what I personally think. To me, the real valuation is what I paid. I paid US$18 million to Dellis Cay, a 500 acres island, of which 200 Acre is private land. Dellis Cay is only 20 minutes from Leeward Highway, it had PPC Electricity cable in it, for plenty of electricity, and it is next to world renowned Parrot Cay. I think that we have paid for the 200 Acres at Joe Grant Cay reflects the fair market price at its present state and that is “undeveloped” land at a remote location for commercial use. That is what it is.

 

Later on, we have asked both local and international professional valuation firms to conduct a full analysis and report an official valuation of this island. All these reports have confirmed the value that we have paid to Joe Grant Cay’s 200 acres and the lease agreements that we have entered with the TCI Government. In any case, after the World Economical Crisis starting in November 2008 and onwards land values have significantly eroded all around the world and especially the Caribbean.

 

  • But Dr Kinay what is the benefit of this Project to the TCIslanders? What do they get?

 

Look, The government did not simply sell a piece of land, they entered into a development agreement for the development of that land. If I can not develop it on time, and spend the money that the Government wants me to spend on it, than they will get back. It is in the Agreement. It is ours as long as we spend money on it. You know how much? My Development Agreement says I need to spend US$120 million on this cay in a fixed period of time. We estimated that the construction will take 2 years and create at least 150 new local jobs. Once the island is fully operational it will require at least 70 locals to manage it. As I have already mentioned, in addition to the purchase price of the land of the hotel site, we will pay 15% of our Villa sales on the 300 Acre Villa Lots and this goes straight to the Government’s budget. Not to mention, the usual development agreement obligations such as the Annual Scholarship payments, duties, work permit fees, the rents paid under the leases, stamp duty benefits accruing to TCIG arising out of sales in the development and the boost to the tourism economy of TCI.

 

  • Dr Kinay, you lost a court case concerning Joe Grant Cay? What will happen now?

 

I received the Turks and Caicos Islands Court’s judgment concerning Joe Grant Cay. I also received TCIG’s Press Release. The judgement is grossly unfair and Joe Grant Cay development companies are currently appealing it. I could not afford lawyers as Turks and Caicos Islands Courts have frozen all my worldwide assets not allowing me to spend any funds towards my right to defend myself and my companies. Looking at the Judgment, in essence, His Hon. Justice G W Martin has concluded in connection with the political donation of $500,000 made by Dellis Cay’s parent company Turks Development LP (the Court states the donation was from ‘Dr Kinay’) to Michael Misick on 9 January 2007, the Judge found (paragraph 33) “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 development” disregarding the facts that the Defendant companies did not even exist at that time, and that the donation was made by Turks Development LP, a company developing Dellis Cay, not related in any way to Joe Grant Cay . His Hon Judge further observed (paragraph 41): “I emphasise that this judgment should not be treated as a conclusive finding that any individual has acted corruptly.  Nobody should be declared corrupt if he has not had the opportunity to defend himself at trial, and that has not happened in this case.’ These statements did not make the Judgment just and fair, the basic principle of law.

 

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 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 the development companies have paid in full. 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 ignoring BCQS’s clear statement specifying that Joe Grant Cay valuation report is prepared for “commercial use”, The Hon. Chief Justice presented an unbalanced approach for the benefit of the Plaintiff. The Court’s omission of BCQS’s written representations in their valuation report is not something that I can live with and we will be pursuing the reasons for this material error.

 

First, the Commission of Inquiry’s publication of unredacted Final Report despite the TCI Supreme Court’s Order not to publish the unredacted Final Report cost Dellis Cay its business and caused the funders to pull their finances, now Joe Grant Cay Development companies are striped of their rightfully obtained assets.

 

It is clear to me that there is a set political agenda which is geared to restructure the political landscape at the Turks and Caicos Islands and we are chosen as the main victims. I repeat categorically that I reject all accusations, and state that we are innocent

 

For those who doubt that the Development of Joe Grant Cay is not innocent, I have only one question: Had the alleged privileges, favors or better conditions been present in the acquisition of 200 acres of this island, or in the Development Agreement, why both Hon. Governor Tauwhare, and the present Hon. Governor Whetherell would have executed these on behalf of the Crown? Both Hon Governors are experienced public officials, with history of making land transactions, and executing Development Agreements on behalf of the Crown. Why did they approve these transactions if the preferential treatment was all over the documents that they have signed?

 

All these contracts, and 200 acres land sale were approved by the Attorney General, TCI Invest, Ministers, the Premier, and executed by 2 Hon. Governors. The Government and both Hon. Governors had 2 years to conduct due diligence. Do you really believe that they were all ‘deceived’? and did not know what they were selling? That is the real question the Turks and Caicos Public must ask.

 

I have faith in the law, and I will look for justice until I find it.

 

  • What are your long term goals?

 

I did not come to Turks and Caicos Islands, to do few projects and go back to anywhere. I will stay and work here for many years. When Dellis Cay and Joe Grant Cay will one time open, my children, together with the young generation of Turks and Caicos Islands, will be proud of having these developments, in remote locations and will have fun.TCI er will be proud about it too.

 

Cem Kinay New York’taki davayı kazandı, Turks&Caicos Adası için umutlandı

Turizmci Cem Kınay, 2005’te Turks&Caicos adalarında başladığı proje adalardaki rüşvet skandalı nedeniyle durunca zor günler geçirdi. Turks&Caicos’ta açılan davalar sürerken, Cem Kınay, New York Bölge Mahkemesi’nde aleyhine açılan davayı kazandı.

ORTAKLARIYLA birlikte turizme Magic Life markasını kazandırıp, daha sonra elden çıkaran Cem Kınay’ın hayatı, 2005’te rüya gibi bir proje gerçekleştirmek için gittiği Turks&Caicos Adaları’nda patlayan ‘rüşvet skandalı’ nedeniyle kabusa döndü. İsmi adada patlayan rüşvet skandalına karışınca iddialı gayrimenkul projesi duran Kınay, ev satın alan 30 malikten 7’sinin New York Bölge Mahkemesi’nde açtığı davayı kazandı. Cem Kınay, İngiltere’nin kontrolündeki Turks and Caicos Adaları’nda hem ada hükümeti hem de kredi aldıkları bankayla davalık olduklarını hatırlatarak, “Siyasi baskıdan muaf ABD’de davayı kazandık. Bunun adada süren diğer iki davamıza da örnek teşkil edeceğini ve olumlu yansıyacağını düşünüyorum” dedi.
En büyük üzüntüsünü projenin yarım kalması olarak açıklayan Cem Kınay, şöyle konuştu: “Ben en başından beri bankayla ve yerel hükümetle anlaşarak bu projeyi bitirme derdindeyim. Bize güvenenlerin mağdur olmasını hiç istemem. Bırakıp gitmedim. Tek amacım bu projeyi bitirmek. Maddi zararımın yanı sıra zedelenen itibarımı da temizleyip bu projeyi bitirmeye kararlıyım.”
Bankayla temasa başladık
Projeyi bitirmek uğruna banka ile yeniden temasa geçtiğini anlatan Kınay, “Onlara mektup yazıp insanların mağdur olmaması için bu projenin tamamlanması gerektiğini söyledim. Davalar uzun sürüyor. Davaların bitmesini beklemeyelim, dedim. Burada da olumlu gelişme bekliyorum” dedi. Cem Kınay adada patlayan rüşvet skandalını şöyle hatırlattı: “Karayipler’deki bu adalar İngiltere’ye, yani Birleşik Krallık’a bağlı. Krallık, adalarda rüşvet soruşturması başlattı. Başbakan, aldığı siyasi bağışların listesini mahkemeye verdi. Siyasi bağış ABD gibi pekçok ülkede de var ve yasal. Biz de resmi yollardan banka kanalıyla bir bağış yapmıştık. Resmi bağış yapmış bir şirket olarak ismimizin rüşvet verenler listesinden çıkarılması için dava açtık. Mahkeme başkanı bizi haklı buldu. Ama İngiltere’nin adaya atadığı vali, hukukuz bir iş yaparak ismimizin geçtiği listeyi internette yayınladı. Bunun üzerine kredi aldığımız banka rahatsız oldu. Projeden ev alanlar ödemelerini kesti. Sonra banka işimize el koydu. İnşaat durdu. Turks ve Caicos’ta parlamento kapatıldı. Siyasi bir darbe yaşandı. Ben de bu olayların politik kurbanıyım.”

Cem Kınay kimdir

AVUSTURYA Devlet Nişanı sahibi olan Cem Kınay’ın yaşamından bazı satır başları şöyle:
Viyana Üniversite Hastanesinde doktor olarak çalıştı.
1987’de ortağı Oğuz Serim ile Avusturya’nın en büyük tur operatörü Gulet Touristik’i kurdu.
Türkiye, Yunanistan, Tunus, İspanya, Avusturya, Mısır ve Bulgaristan’a yayılan Magic Life otel zincirini 1990’da kurdu.
2004’te Magic Life ve Gulet Touristik’i dünyanın en büyük tur operatörlerinden TUI AG’ye sattılar.

Bol ödül alacak proje gözüyle bakılıyordu

CEM Kinay, Turks and Caicos adalarında Kengo Kuma, Zaha Hadid, Piero Lissoni, Shigeru Ban, David Chipperfield, ve Carl Ettensperger gibi dünyanın önde gelen mimarlarından bazılarının eşsiz tasarımlarını içeren lüks bir ada tatil kompleksi oluşturduklarını hatırlattı. Kınay, “Tamamlandığında, proje Mandarin Oriental Hotel, lüks villalardan ve çevresindeki yerleşim birimlerinden oluşacaktı. Bol ödül alacak proje gözüyle bakılıyordu. Projenin inşaatı Haziran 2008’de başladı ve Ekim 2009’da bu politik sebepler yüzünden durdu” diye konuştu.

Bu makale 08.Nisan.2012 de Hurriyette yayinlandi.Demet Cengiz

Cem Kinay.Ruya Adasinda Kabus

Dellis Cay, Turks and Caicos, West Indies

Avusturya’da tarihin en başarılı turizm girişimcisi olan Cem Kınay, Karayipler’de ilgisi olmayan bir siyasi kavganın içine iradesi dışında sürüklendi ve İnterpol’den hakkında kırmızıbülten çıkarıldı.
Bir subayın oğlu olan Türk Cem Kınay, Avusturya’da doktor olduktan sonra, ihtisası sırasında sıfırdan kurduğu turizm işinde, seyahat pazarının %60’ına hakim olarak bir turizmimparatorluğu kurdu. Turizm şirketi Gulet ile birlikte sahibi olduğu 19 adet Magic Lifeotellerine yılda yüz binlerce Avusturyalı’yı tatile gönderdi. Bugün ise 54 yaşındaki Cem Kınay varını yoğunu kaybetmek tehlikesi ile karşı karşıya. Oysa o sadece, şirketler grubunun 2004 yılında gerçekleştirilen Almanya seyahat devi TUI’ye satışından sonra bir başkavizyonunu gerçekleştirmek istiyordu. Issız bir adanın geliştirilerek turizme kazandırılması.

2005 yılında Karayip sahillerindeki Dellis Cay’in beyaz sahiline ilk defa ayağını bastığında“İşte o ada burası” dedi.
İngiliz müstemlekesi Turks and Caicos adalarına ait olan 560 hektar büyüklüğündeki bu küçük adayı bir İtalyan asilzadesinden 18 milyon dolar’a satın aldı. Burası tüm dünya elitleri için lüks bir tatil cenneti olacaktı. Zaha Hadid’den Pierro Lisoni’ye kadar dünyanın en önemli mimarlarından yedi tanesi villalar, apartmanlar ve Mandarin Oriental Group için lüks bir otel tasarımı yaptı.
Mimari dergiler proje hakkında “dünyanın en trendy mimari kum adası” yazıyordu. Kınay tüm birikimlerini bu işe yatırdı. Ve başkalarını da yatırima ikna etti.

Ancak, Turks and Caicos’un Başbakanı Michael Misick ile birlikte gerçekleştirdiği temel atma töreninde Kınay, Karayipler rüyasının çok yakın zamanda bir kabusa dönüşeceğini tahmin etmiyordu. İktidar partisi seçimlerden önce bir cok orada is yapan is adamiyla beraber bağış için onun da kapısını çaldı. Kınay “Bağış talebini avukatlarıma sordum. Bana parti bağışlarının tamamen yasal olduğunu beyan ettiler” dedi. “Şirketim de “tamamen açık, şeffaf ve yasal” bir şekilde 500.000 dolar bağış yaptı.” Bir süre sonra çıkan bir kasırga sonrası parti yeniden bağış talebinde bulundu ve Kınay’ın şirketi 200.000 dolar daha bağışta bulundu.

Bu cömertlik onun kötü kaderi haline gelecekti. 2008 yılının Ağustos ayında Büyük BritanyaDevleti ağır yolsuzluk suçlamalarından ötürü Misick’i görevden alıp parlamentoyu feshetti ve adaların özerk yönetimini düzenleyen anayasayı yürürlükten kaldırdı. Bu konuyla ilvili olarak siyasi gözlemciler İngilizlerde, Turks and Caicoslular’ın Kanada’ya bağlanma tercihleri ve daha da ötesi tam bağımsızlık taleplerine yönelik bir çabanın rahatsızlığı olduğunu tahmin ediyorlar.

Kınay bu olaylardan önce İngiltere Kraliçe’sine ait bir başka adanın daha bir kısmını satın almıştı. Joe Grant adlı bu adanın 200 hektarı için şirketleri 3,2 milyon dolar ödedi ve bir sonraki projesini hayata geçirmek üzere çalışmalara başladı. Yine bir otel ve villalar yapılmak üzere yola çıkılan bu projede de ortağı İtalya Lüks Grubu Bulgari idi.

İngilizler tarafından görevlendirilen adanın yeni sömürge valisi, Kınay’ı hükümete rüşvet verdiği için ada hissesini ucuza elde ettiğini iddia ederek kendisine asılsız suçlamalarda bulundu. Daha sonra ise her şey ardı ardına geldi. Araştırma komisyonunu henuz sonuçlanmamamış ve hatalı ara raporu yerel medyaya sızdırıldı. Bunun üzerine Dellis Cay projesine finansman sağlayan Trinidad and Tobago Unit Trust Corporation bankası vermiş olduğu krediyi geri çağırdı. İngilizler de hükümet hakkındaki rüşvet soruşturması için bir özel yetkili savcı tayin ettiler. Dellis Cay de insaat durduruldu ve her iki ada da kayyum yönetimine bırakıldı. O günden beri, yani üç yıldır yarısı bitmiş olan binalar artık yıpranma tehlikesi ile karşı karşıya. Burada mağdur olan sadece Kınay olmadı.İnşaatın ilerlemesine istinaden onunla beraber bu işe girerek 100 milyon dolar yatırmış olan diğer yatırımcılar da mağdur oldu.
Kınay bütün bunların sonucunda kendisini yerel ve İngiliz menfaat grupları arasındaki siyasi bir kavganın kurbanı olarak görüyor. Herşeyi sıfırdan kendi kendine yaratan girişimci işadamı Kınay, Istanbul Maslak Sheraton Otelinde yapılan KURIER röportajında “Joe Grant adasının alımında sözleşme partneri hükümet değil, tam tersine bir önceki İngiliz sömürge valisi idi. Fiyatı o belirletti, inceledi ve satış sözleşmesini imzaladı” diye vurguladı. Nitekim, aralarında Richard Ellis ile Ernst&Young şirketlerinin de olduğu bağımsız beş denetleme şirketinin raporlarında da, adanın satış sözleşmesindeki aynı fiyat tespit edilmişti.

Kınay “Kimseye rüşvet vermedim ve daha başlangıçtan beri savcılık ile tam işbirliği yaptım” diyor.

2011 yılı Ekim ayında İstanbul’da kendi isteği ile yapılan sorgulamadan sonra savcılıktan bir daha haber almadı. Ta ki Turks and Caicos’un talebi üzerine İnterpol Temmuz ayı başlarında “Kırmızı bülten” çıkartana ve Kınay kendisini arananlar listesinde bulana kadar. Ancak ne Türkiye ne de Avusturya Kınay’ı şu an itibarıyla Karayipler’e iade etmeyecektir.

Kınay “İlk önce çok şaşırdım. Sadece hayatım boyunca bütün yarattıklarım tahrip edilmedi, itibarım da mahvedilme tehlikesi ile karşı karşıya” diyor, “Haklarım için mücadele etmeye devam edeceğim ve atağa geçeceğim”. Bu bayagi masrafli olacak onun icin.Bugüne kadarki vekil masraflarını ödemek için Miami’de bulunan evini ederinden çok ucuza satmak zorunda kaldı. Satıştan gelen gelir de mahkeme vesayetine verildi. Şimdi ise kendisine ailesi ve uzun yıllardan beri ortağı olan Oğuz Serim mali yardımda bulunuyorlar. Adalara tedbir konulmasına karşı mahkemeye itirazda bulundu. Ancak sömürge valisi, Joe Grant adasının Sotheby’s üzerinden açık artırmaya çıkarılacağını duyurdu. Kınay ”Bu aşikar bir şekilde yasalara aykırıdır, itiraz davası devam ediyor” diyerek kızgınlığını belirtiyor.

Bu arada geçtiğimiz ilkbaharda New York’ta bir başarı elde eti. Dellis Cay’deki 30 villa alıcısından sekizi mahkemeye başvurarak tazminat ödenmesini talep ettiler. Ancak bu dava red edildi. Kendisinin ilk villa müşterilerinden olan Hollywood yıldızı Michael Douglas ve eşi Catherine Zeta Jones ise hiç bir zaman şikayette bulunmadılar.

Kınay, Dellis Cay projesini tekrar hayata geçirmek için her şeyi denemek istiyor. “Bütün bu olaylar dehşet verici. Ben her zaman sözümü tuttum. Daha gencim ve ticari hayatıma tabii kidevam edeceğim”.

“Olağanüstü kariyer, mutlak bir itibar”

O Avusturya Turizm ekonomisinin yıldızıydı. Öyle ki, ekonomi bakani Martin Bartenstein göğsüne bir devlet nişanı taktı. Dönemin Avusturya Havayolları Başkanı Mario Rehulka 1997 yılında ekonomi dergisi Trend tarafından “Yılın adamı”seçilen Kınay’a “Olağanüstü bir kariyer. Üstün müşteri kalitesi odaklı olup birinci kalite bir iş anlayışına ve işe sahiptir” diyerek işine karşı duyduğu ciddiyeti resmileştirdi. “Eğer yolsuzluk yapabileceğine dair enufak bir belirti dahi olsaydı, Avusturya Havayolları ona Touropa Tur Operatörünü satmazdı”. Eski hava yolları işletmecisi Niki Lauda, bir zamanlar en büyük müşterisi olan Kınay hakkında “sert bir müzakereci, ancak mükemmel bir iş kalitesi ve sözünün eri” dedi.
TUI Holding yönetim kurulu üyesi olan Eski Başbakan  Almanların yönetime girmesi ile Kınay’ın da yönetim kurulu üyesi oldu. Aynı zamanda Magic Life Club’lardan çokmemnun bir tatilci olan Vranitzky “Tamamen işine angaje ve fikirlerine inandığım Kınay,bazen işlettiği otellerin sahipleri karşısında belki biraz fazla iyimser” diye düşünüyor.

Bu makale Avusturya KURIER gazetesinde 22 Temmuz 2012 tarihinde yayinlandi.

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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New Governor for Turks and Caicos Islands:Peter Beckingham

He will succeed Mr Ric Todd, who will be transferring to another Diplomatic Service appointment. Mr Beckingham will take up his appointment during October 2013.

Mr Beckingham is currently Deputy High Commissioner in India, heading the Mumbai –Western Indian offices. His previous appointments overseas include Ambassador to the Philippines (and non-resident Ambassador to Palau, Micronesia and the Marshall Islands), Consul-General and Director-General of Trade and Investment Sydney, and Director British Information Services New York. He was a Director of the Joint FCO/DTI Export Promotion Directorate in London, ran the commercial section of the Embassy in Stockholm, and had a short-term secondment to Cadbury-Schweppes.

On his appointment as Governor of Turks and Caicos Islands, Mr Beckingham has said:

I am honoured and delighted to have been appointed Governor of the Turks and Caicos Islands. I look forward to working with the elected government there to strengthen the Islands’ prosperity, and helping to support, with my wife, their rich culture, world-class environment and important relationship with the UK.

Curriculum vitae
Personal details
Full name: Peter Beckingham
Married to: Jill Mary Beckingham
Children: Two daughters

2010 – present Mumbai, Deputy High Commissioner
2005 – 2009 Manila, Ambassador
1999 – 2004 Sydney, Director-General of Trade & Investment, and Consul-General
1996 – 1999 FCO/DTI, Director, Joint Export Promotion Directorate
1992 – 1996 Canberra, Head of Political Section
1988 – 1992 Stockholm, Head of Commercial Section
1986 – 1988 FCO, Head, Horn of Africa Section, East African Department
1984 – 1986 FCO, Energy, Science and Space Department
1984 FCO, News Department (G7 Summit)
1979 – 1983 New York, Director, British Information Services
1974 – 1979 DTI, British Overseas Trade Board
1970 – 1974 Decca Record Company, Argo Division

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PREMIER SUPPORTS DOLPHINARIUM IN TURKS AND CAICOS ISLANDS

Premier now supports dolphinarium
Published on May 17, 2013

At Wednesday’s House of Assembly meeting, Premier Rufus Ewing was asked about his position on the approval of captured dolphin sites for Providenciales and Grand Turk. Ewing responded that he would support whatever the people decided.

During recent consultations in Grand Turk, which were well attended, the possibility of a “swim with the dolphins” site in a fenced off area of North Creek met with general approval by residents.

However, it was revealed during the House session that there is no existing application for Grand Turk, only for Provo. To this Ewing said that, since it appeared Grand Turk would approve the captured dolphin site, the approval would apply to all islands. This then could put a site in Provo against the wishes of the people and environmentalists who previously rejected the idea.

When asked about dredging of the Leeward Channel, Ewing deflected this to the Planning Department, which has already rejected the dredging. However, just 48 hours earlier, Ewing said in a public statement that he will make sure that all decisions made by civil servants must be approved by government ministers before action is taken.

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TURKS AND CAICOS GOVERNANCE PRINCIPLES ISSUED

TCI governance principles issued
Published on May 9, 2013

In accordance with the Turks and Caicos Islands Constitution Order 2011 section 28 the Secretary of State has issued a Statement of Governance Principles. This will be published in the Gazette on Friday 10 May.

The text of the statement is below:

TCI: Statement of Governance Principles – April 2013

In the exercise of their functions, all organs of government in the Turks and Caicos Islands have a duty to give effect to the following principles.

1. All Government action shall be taken in a manner designed to safeguard the fundamental rights and freedoms of every person in the Islands, as set out in the Constitution.

2. The government of the Islands should involve the participation of the people. The Government shall serve and take account of the interests of all the people in the Islands. In particular, where consultation is mandated by law, the Governor is required to be assured that the consultation process undertaken by Government was accessible and meaningful before assenting to any outcome following consultation.

3. All ordinances, regulations, policies and actions must be fair, proportionate, and capable of being implemented impartially. In particular, decision making required by law shall be objective, and the granting of discretionary powers shall be limited to those that are necessary for good government.

4. All decisions of government, whether by Ministers, elected representatives or public officials, shall be lawful, rational, proportionate and procedurally fair.

5. The Government shall maintain and publish a broad and long-term perspective on the sustainable development of the Islands, and shall encourage lawful business and economic activity. The Governor may require the Cabinet to produce a development plan for the islands at regular intervals, not longer than every four years.

6. The Government shall take steps to protect the environment in accordance with the Constitution and shall promote the protection thereof.

7. The implementation of government policy by the TCI public service shall be in accordance with the rule of law and internationally accepted standards. The Government shall respect the integrity and impartiality of the Public Service, shall engage with officials only through appropriate channels, and the Public Service shall be protected from partisan interference.

8. All public appointments shall be based on merit, and all public officials shall be treated fairly. All Government and public service officers shall comply with the Code of Conduct for Persons in Public Life.

9. All government bodies shall, in order to build confidence in their operations and effectiveness, be accountable and transparent to the public.

10. Government processes, institutions and information shall be directly accessible and transparent to those concerned with them as provided by law, and enough information provided to understand and monitor them. The Government shall keep and use information in line with applicable law. Decision-makers shall provide written reasons for decisions and advise applicants of their procedural rights.

11. The Government shall cooperate with and support the effective operation and independence of the institutions protecting good governance established by the Constitution and other oversight, regulatory and investigatory institutions.

12. Subject to the Constitutional provisions permitting the preferential treatment of TC Islanders the Government shall act in good faith and a fair manner that is non-discriminatory, for the benefit of all people in the Islands irrespective of race, national or social origin, political or other opinion, colour, religion, language, creed, association with a national minority, property, sex, sexual orientation, birth or other status. Services shall be made available on an equal basis, free of preference based on family ties, political allegiance, friendship or personal gain.

13. The Government shall at all times respect the rule of law, the independence of the judiciary and the impartial administration of justice.

14. The Government shall comply with international obligations applicable to the Turks and Caicos Islands.

15. The Government shall administer Crown Land and other Government assets in a lawful, transparent and equitable manner.

16. The Government shall manage public finances according to established principles of value for money, affordability, propriety and regularity, and in the interests of securing the sustained long term prosperity of the people of the Islands. In doing so, the Government shall also observe the principles set out in any framework document on public financial management made in accordance with the Constitution.

17. The Government shall ensure that financial decisions are made within the context of a medium-term plan which aims to achieve and sustain an annual budget surplus. The Government shall take action to mitigate fiscal risks, and ensure that liabilities, including debts, are sustainable and fully taken into account when setting and implementing budgets.

18. The Government shall ensure that a budget is approved which secures the effective operation of Government and which is in accordance with all relevant laws and standards.

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TREAT TOURISTS LIKE GOLD,SAYS OPPOSITION LEADER IN TURKS AND CAICOS

Treat tourists like gold, says opposition leader
Published on May 10, 2013

“We need to realize what we are doing and look at our visitors as very important, they need to be welcomed and when they encounter a problem we need to treat them like gold,” said opposition leader Sharlene Cartwright Robinson, when she was asked at a recent Peoples Democratic Movement (PDM) press conference on how she felt about the treatment of two departing American tourists, who just one day apart were each found with a single unfired bullet in their luggage.

One, an 80-year-old retired neurosurgeon from Florida, was held in jail with a man accused of murder, where he was fed spicy grits and hot dogs.

“I will never look at a hot dog the same,” Horace Norrell told an American reporter interviewing him.

After spending the weekend in jail, because no judge would stay late on a Friday to hear his bail application, the senior citizen was reunited with his wife, who waited on him in the TCI. He was released on $4,000 bail and returned to the US.

Just one day earlier, a 60-year-old Texas woman, accompanied by her husband, was also found to have a single bullet in her luggage. In the woman’s case, the court remained open and granted her $4,000 dollars.

Meanwhile, neither the premier nor the minister for border control has addressed the issue, which is threatening the territory’s tourism industry. Americans are up in arms and are contacting their government about the incident. Many are reportedly cancelling planned visits to the TCI, some through fear that a similar fate could befall them and others in protest over the treatment of the two US visitors.

TCI Governor Ric Todd has said only that the law must be followed.

It is widely accepted locally that the bullets were planted in the visitors’ bags, but the identity of the perpetrators and their motive remains a mystery. There is, however, some speculation that this is yet another attempt to hold the TCI’s fragile tourism industry hostage to promote a political agenda.

The local tourism industry was directly attacked on two previous occasions by members of the ruling Progressive National Party (PNP) when they shut down the Providenciales international airport, once by a public demonstration that closed down access to the airport and the second by a strike of airport firefighters orchestrated by current Premier Rufus Ewing.

Meanwhile, the fragility of the territory’s principal source of revenue is illustrated by continuing media reports and commentary in the US – especially in the Herald Tribune in Sarasota, Horace Norrell’s home town in Florida.

On Wednesday, columnist Tom Lyons warned potential Turks and Caicos visitors to beware: “Your stay could be much longer than planned, with accommodations well below par.”

“Who knows what police were thinking as they hauled a 60-year-old Texas woman to jail for alleged possession of a bullet that she said she knew nothing about, but even the dimmest police administrator surely could have smelled a rat the next day when a second tourist was found to have exactly one bullet in his luggage, too. Sherlock Holmes has not even a distant relative in the Royal Turks and Caicos Island Police, it seems,” he continued.

“It is hard to imagine the degree of incompetence required when a police administrator or prosecutor is unable to deduce these must be false charges based on planted items designed to appear like evidence of what would be an absurd crime,” he said.

In accurately describing Governor Todd as an appointed career British diplomat, Lyons wrote, “There is no mention of him being a total twit, so it seemed reasonable at first to expect him to be as outraged as the average reader who encounters this story. After all, publicity over this visitor-targeted scam could seriously harm tourism, which is the Turks and Caicos only major industry if you don’t count the enabling of drug smuggling and money laundering.”

Lyons said that Todd has responded to an onslaught of public questions mainly by expressing his determination not to get involved.

“I don’t normally do travel advisories, but in my places-to-go ranking, Turks and Caicos just took a spot not far above North Korea,” Lyons concluded.

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UK CHANCELLOR WELCOMES COMMITMENTS FROM CARIBBEAN TERRITORIES

UK Chancellor welcomes commitments from Caribbean territories to enhance transparency
Published on May 3, 2013

LONDON, England — Britain’s Chancellor of the Exchequer George Osborne has welcomed news that all those British Overseas Territories with significant financial centres have signed up to the UK government’s strategy on global tax transparency – marking a turning point in the fight against tax evasion and illicit finance.

Following the recent leadership shown by the Cayman Islands, the other Overseas Territories — Anguilla, Bermuda, the British Virgin Islands, Montserrat and the Turks and Caicos Islands — have agreed to much greater levels of transparency of accounts held in those jurisdictions.

They have agreed to automatically share information bilaterally with the UK and multilaterally with the G5 — the UK, France, Germany, Italy and Spain. Under this agreement, much greater levels of information about bank accounts will be exchanged on a multilateral basis as part of a move to a new global standard.

The agreement will mean that the UK, along with other countries involved in the pilot, will be automatically provided with much greater levels of information about bank accounts held by their taxpayers in these jurisdictions, including names, addresses, dates of birth, account numbers, account balances and details of payments made into those accounts. This also includes information on certain accounts held by entities, such as trusts.

The Isle of Man – the first non-US jurisdiction to agree to greater exchange of information with the UK – has also agreed to join the multilateral initiative. Guernsey too has also expressed a clear interest.

These jurisdictions have, as well as this, committed to taking action to ensure they are at the forefront of transparency on company ownership. The British government is working closely with them ahead of the UK’s presidency of the G8. Earlier this year Britain’s Prime Minister David Cameron identified tax transparency as a key priority for the summit.

This represents a step change in the level of international transparency and will make it much harder for people to escape paying taxes by hiding their money overseas.

Osborne has urged others to join this growing initiative.

He said, “This represents a significant step forward in tackling illicit finance and sets the global standard in the fight against tax evasion. I now hope others follow these governments’ lead and enter into similar commitments to this new level of transparency, removing the hiding places for those who seek to evade tax and hide their assets.”

These agreements builds on those the UK reached with Isle of Man, Guernsey and Jersey to exchange tax information automatically based on the automatic information exchange agreement with the US to implement the US FATCA law to tackle tax evasion. The British government sees this as setting a new standard in international tax transparency.

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