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Last Updated: Feb 6, 2017 - 2:32:04 PM |
The British-appointed Interim Government of the Turks and Caicos Islands
has filed documents in the High Court here, seeking to “pull down and
destroy” the headquarters of the Progressive National Party (PNP) in
addition to the repayment of nearly half-million dollars which the state
says the party owes for illegally constructing the building on Crown
land.
The announcement of the demolition of the PNP headquarters was contained
in a Government press release which was issued Tuesday March 20th, a
day after the Special Investigation and Prosecution Team (SIPT) said it
had secured an international arrest warrant through INTERPOL for former
Premier and ex-PNP leader Michael Misick, who has since revealed that he
has sought political asylum in an undisclosed country because of
“political persecution” by the United Kingdom, Governor Ric Todd, the
Interim Government and British Special Prosecutor Helen Garlick and her
investigators.
The Government release stated that on March 13th 2012, the Turks &
Caicos Islands Government served civil proceedings on the Progressive
National Party seeking the recovery of the land upon which the PNP
Headquarters is constructed, together with damages. The claim arises
from the PNP's trespass following its construction of the PNP
headquarters on Airport Road, Providenciales on Crown land to which it
had, and has no title, the government said.
According to the press statement, after construction of its headquarters
in 2005 to 2006, the PNP subsequently appointed a management agent,
Provident Management Services Ltd to manage the property.
The Interim Government is claiming that during the last administration,
Provident sub-leased six offices in the headquarters to the six PNP MPs
who were based on Providenciales for a total of $465,083.61 over
approximately three years, which was paid by the Government at that
time. The SUN was able to confirm that the six PNPs who were based on
Providenciales took a decision that was approved by Cabinet and the then
Governor, that they would pay the allowances to which they were legally
entitled for rental of constituency offices to assist in paying the
mortgage for the PNP headquarters which was a centralised location,
instead of paying the money for rent elsewhere.
However, the Interim Government is seeking the return of that sum, to
which they claim Provident was not entitled together with other damages.
According to the press release, Government is also seeking a number of
remedies for the trespass, including: damages for the PNP's trespass on
the land, based on a reasonable annual rent until possession of the land
is returned to the Crown; the repayment of the $465,083.61; an order
that the headquarters are pulled down and destroyed; damages for
returning the land to its former state; and interest and costs.
Attorney General Huw Shepheard commented: "When the current
administration first became aware last year that the PNP's headquarters
had been built on Crown Land to which the PNP had no title, my Chambers
wrote to the PNP setting out the claim that the Government had. It had
been our hope that matters could be settled amicably without the need
for proceedings. Unfortunately, discussions with the PNP have not been
successful. In those circumstances, the Government has been left with no
choice but to bring these proceedings for trespass and damages to
recover this plot of Crown land and what is properly owed to the
Government".
The Statement of Claim, which was filed in the High Court on January 13,
2012, stated that on 30 November 2004, Leroy Charles, the Director of
Lands and Surveys prepared a memorandum that concluded that a previous
lease over the land, held by Mr. DeOwen Higgs, had expired on 28
November 2004 and that Mr Higgs had failed to construct any development
and was no longer in occupation of the land.
Mr Charles advised that the land comprised 0.75 of an acre and had an
open market valuation of $50,000. It could be leased to the PNP at $1250
per annum and would incur a discounted freehold purchase price of
$25,000.
Mr Charles concluded that the land could be leased to the Defendant for
the construction of its headquarters once the lease to Mr. Higgs was
cancelled.
On 22 March 2006, Williams Drafting , on behalf of the Defendant,
applied for Development Permission over the l and. According to the AG’s
court papers, at Part 3(i) of the application, the PNP mis-represented
that it was the owner of the land. The application was approved by the
Physical Planning Board on 23 March 2006 on the basis of this
misrepresentation, an on or about 23 March 2006, the PNP wrongly entered
the land and as an act of trespass commenced construction of the
headquarters.
On 9 June 2006, the Department of Planning received an application for
temporary electrical connection during the construction of the
Headquarters on the land and on July1, 2007, the PNP agreed six
Commercial Leases for the rent of constituency office space in the
headquarters, Each lease was agreed for the term of 1 July 2007 until 1
July 2010 at rent of $2,350 per month (totaling$28,200 per annum for
each lease) as well as a security deposit of $2,000 to be paid by TCIG
under each lease.
Ruth Blackman, Clerk of the House of Assembly, executed the leases for TCIG on behalf of the following Members of Parliament: Hon. Karen Delancey, MP for the Bight; Hon. Wayne
Garland, MP for Richmond Hills; Hon. Gregory Lightboume, MP for Blue
Hills; Hon. Amanda Misick, MP for Cheshire Hall; Hon. Lillian Boyce, MP
for Five Cays and Hon, Galmo Williams, MP for Long Bay.
The PNP was the Government of the Turks and Caicos Islands from 2003 to
August 2009, when the United Kingdom imposed direct rule, suspended
parts of the Constitution including ministerial posts, the House of
Assembly and the automatic right to trial by jury.
In a press release issued Tuesday evening, Queen’s Counsel Carlos
Simons, the lawyer for the PNP, said the party is “committed to
rigorously defending and defeating these spurious claims brought by the
Interim Government, purportedly on behalf of the people”.
Simons stated: “I do not consider that TCIG has as yet “served civil
proceedings on the Progressive National Party” as the statement asserts.
I believe that their method of service does not meet the requirements
of TCI procedural law and until the mistake is corrected, the Party has
no formal notice of the proceedings and does not have to respond. That
issue has been brought to the attention of the Attorney General’s
Chambers, but might in the end require the attention of the Court.”
The Queen’s Counsel said he believes that the trespass claim is
“entirely misconceived”, because the Party has been in open possession
of the Airport Road property since at least 2005 with the full knowledge
of the leaders of every Government Department concerned with dealings
in crown land and with their acquiescence, if not consent.
This, he said, includes the then Governor, Richard Tauwhare who
throughout remained the ultimate authority for the management and
disposition of crown lands.
Simons added: “This is the same Governor of whom and from whom the
people of the TCI have heard nothing since his departure and in respect
of whose role in the matters now under investigation no one in the FCO
has seen fit to explain. That is disrespectful. Provident Management
Services Ltd did not sub-lease six offices in the Headquarters building
to PNP MPs. Provident leased the offices to TCIG. Those leases were
signed off on behalf of TCIG by the Head of Department having control of
the relevant vote. Furthermore those leases were identical to leases
entered into by TCIG in Grand Turk, South Caicos and North and Middle
Caicos for the constituency offices of Members of Parliament, including
constituency offices for PDM Members of Parliament. That assertion is
therefore false.”
Simons said the PNP has never disputed TCIG’s right to a reasonable annual rent, nor payment of the market value of the land.
“That is therefore a non-issue, the litigation of which can only be
justified in the context of the gravy train that the SIPT and Civil
Recovery teams now ride on the backs of the TCI people,” Simons added.
“As for damages for trespass, I believe any reasonable person would
agree that the land has been developed and improved rather than injured.
I would also be surprised if anyone, regardless of their political
allegiance would agree (even if TCIG were to win its case) that pulling
down and destroying a perfectly good building makes any kind of sense.
The settlement discussions to which the AG refers were not successful
because they were not undertaken in good faith by him and his clients,
the Governor and the FCO. They are hell-bent on issuing this final
embarrassment to the PNP as an institution. The Party is hell-bent on
ensuring its survival as a pillar of the parliamentary democracy that
our constitutions since 1976 have provided for, and to ensure that the
Party is a force for good in the affairs of our country.”
Simons concluded by saying: “I am specifically instructed to call upon
the AG, the Governor and the FCO to withdraw these unnecessary
proceedings, the consequence of which will only enrich the Civil
Recovery team lawyers at the expense of the TCI taxpayer. In keeping
with my instructions I invite the AG and the Governor to return to the
negotiation table and make a good faith attempt to reach a reasonable
settlement of these issues and thereby save some of the $33 million they
have committed the TCI people to paying their lawyers over the next
several years.”
© Copyright 2012 by thebahamasweekly.com
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