PRIVY COUNCIL DISMISSES AKITA HOLDINGS' APPEAL AGAINST TCIG CIVIL RECOVERY CLAIM

On Monday, March 28th 2017, the Privy Council in London dismissed Akita Holdings Ltd's appeal against the Turks & Caicos Islands Government, affirming the decisions of the Supreme Court and Court of Appeal.
 
Akita Holdings Ltd. holds the majority of the land where its fuel storage and related facilities in South Dock, Providenciales on trust for the Government.  The full judgment is attached and also available from the Privy Council website.
 
In September 2014, the Chief Justice, Hon. Margaret Ramsey-Hale ruled that Akita Holdings had obtained the land in breach of fiduciary duties owed to the Government by its owner and former Minister of Natural Resources, McAllister Hanchell. 
 
The Government was found to own almost 70% of the land and to be entitled to the profits earned through the use of the land. The Court ordered that a further hearing should take place to assess the value of the damages due to the Government to account for the ownership interest and profits owed to the Government.  
 
In today's ruling, as well as dismissing the appeal, the Privy Council ordered Akita Holdings to pay the Government's costs of the appeal and returned the case to the Supreme Court, in order for an assessment of damages, which the Chief Justice originally ordered should now proceed.
 
Attorney General, Hon. Rhondalee Braithwaite-Knowles stated; "After Akita Holdings unsuccessful appeals have delayed matters by two and a half years, the Government is now looking forward to valuing and recovering the damages due to it on behalf of the people of the Turks and Caicos Islands."
 
ENDS
 
Notes to Editors:  The Government's claim against Akita Holdings Ltd. is part of the Civil Recovery Programme. The appointment of a civil recovery team was a key recommendation of the Report of the Commission of Inquiry.  The Attorney General appointed the London office of the international law firm of Cooley (UK) LLP (formerly Edwards Angell Palmer & Dodge UK LLP)  to undertake the programme working closely with Attorney General's Chambers.
 
Link to the Privy Council website confirming the position: https://www.jcpc.uk/cases/jcpc-2016-0064.html

 

TCIG TO IMPLEMENT NEW SENIOR MANAGEMENT STRUCTURE

 
 In keeping with efforts to improve service delivery and to realign skills across government, the Turks and Caicos Islands Government hereby advises of its new senior management structure effective April 1, 2017.
 
The new structure will see a movement of various senior managers across government notably both Permanent and Deputy Secretaries and will also involve a comprehensive restructuring of the Ministry of Border Control and Employment Services as a key service delivery center in the islands.
 
Headed by newly assigned Permanent Secretary Susan Malcolm and Deputy Secretaries Althea Been and Sharon Taylor, the Ministry of Border Control will be heavily focused on the implementation of the Business Transformation Strategy which will see the launch of a new Border Management System, several online work permit application processes, the introduction of new work permit cards and the implementation of the recommendations of the National Skills Audit.
 
Current Director of Immigration Mr. Larry Mills upon his return from study leave will assume the role of the new Director of Registration and Citizenship and will oversee the improvements to be made in the area of births, deaths and citizenship, whilst current Labour Commissioner, Michelle Gardiner will be transitioning to the role of Deputy Secretary in the Ministry of Tourism, Culture and Environment effective April 1st.  Mrs. Gardiner previously served as the former Director of Environment and Coastal Resources.
 
The vacant Director of Immigration and Commissioner of Labour positions will be advertised and recruited through an open competition.
 
The following is a listing of the full changes that are to be made across government:
 
Office of the Governor
Executive Director - James Astwood
 
Office of the Premier and District Administration
Executive Director - Ronlee James
 
Ministry of Finance, Trade and Investment
Permanent Secretary - Athenee Harvey-Basden
Deputy Secretaries - Shonia Thomas-Been, Arthur Been 
 
Office of the Deputy Governor
Executive Director - Tito Lightbourne
 
Office of the Deputy Premier and Ministry of Border Control and Employment Services
Permanent Secretary - Susan Malcolm
Deputy Secretaries - Sharon Taylor, Althea Been
 
Ministry of Home Affairs and Public Safety
Permanent Secretary - Clara Gardiner
Deputy Secretaries - Bridgette Newman, Russell Cox
 
Ministry of Health and Human Services
Permanent Secretary - Desiree Lewis
Deputy Secretary - Tamera Robinson
 
Ministry of Infrastructure, Housing and Utilities
Permanent Secretary - Ian Astwood
Deputy Secretary - Desmond Wilson
 
Ministry of Education, Youth, Sports and Culture
Permanent Secretary - Wesley Clerveaux
Deputy Secretary - Amin McCartney
 
Ministry of Tourism, Culture and the Environment 
Permanent Secretary - Cheryl Ann Jones
Deputy Secretary - Michelle Gardiner
 
ENDS
 
Note: Mr. Ronlee James participated in the Deputy Secretary/Executive Director recruitment exercise held in November 2016 and as the second top scoring candidate was approved to be appointed to the next available Deputy Secretary/Executive Director role which is included in this restructuring exercise and the upcoming budget.

PUBLIC NOTICE - Ministry of Health, Agriculture and Human Services

The  Environmental Health Department within the Ministry of Health, Agriculture and Human Services wishes to advise residents, visitors and the international community that the story “Haitians forced to eat from garbage dumps in the Turks and Caicos Islands” is not true. There are no Haitian Nationals in the Turks and Caicos Islands who are forced or were forced to eat from any dump sites in the TCI.  

During the course of the last several years the Environmental Health Department and the Ministry of Health has made significant improvements to the solid waste management facilities throughout the country, especially the sites in Grand Turk and Providenciales. The dump sites on Providenciales and Grand Turk are both fully enclosed to prevent unauthorized entry as well as to provide improved containment and security. You will note from the publication that the dumpsite is not representative of the current dumpsites on either Grand Turk or Providenciales.

The Turks and Caicos Islands does not support or encourage persons whether legal or illegal residents or visitors, to eat from the dump. Any and all communication regarding such should be disregarded and treated as falsified information.

For more information contact the Environmental Health Department on 338-2143.