| Joe Grant Cay sale terminated, Crown land recovered | | Print | |
| Written by Richard Green/richard@fptci.com | |||
| Thursday, 16 June 2011 11:03 | |||
 The 2008 sale of Joe Grant Cay to developers for $7.7 million has been canceled because Dr. Cem Kinay paid $500,000 to former premier Michael Misick just before the “gross undervalue” sale was approved, Supreme Court Justice G.W. Martin has ruled. However, Martin was careful to point out that he did not find anyone’s actions corrupt because only the government appeared in court June 6 to present its case. “The decision has been reached without any active participation by the defendants, and without hearing from those alleged to have acted corruptly,” Martin wrote. “That was because the defendants chose to disregard court orders and to absent themselves from the hearing.” Only Kinay and nine different Star Platinum companies were named as defendants, not Misick or others mentioned in the transactions. The ruling means that the government reclaims title to the island between Middle and East Caicos and will be paid legal fees and damages that the judge has not yet determined. Though they did not appear in court, Kinay and Star Platinum companies have repeatedly denied any wrongdoing. Acting Governor Mark Capes said he was delighted that the government recovered Joe Grant Cay. “The process of civil recovery is not quick or necessarily easy, but it is good to have obtained judgment in the first of the high profile claims first identified in the Commission of Inquiry Report,” Capes said. “We will now seek to work on the future for Joe Grant Cay in discussion with a TCI-based institution which has a charge over one of the parcels.” Temple Trust has a $2,402,449.74 mortgage on one of the parcels, according to the order. Civil Recovery Team lawyer Lawrence Harris presented the government’s case to the judge, who laid out the following evidence in his ruling: Kinay was developing Dellis Cay when he was granted Belongership in November 2008, and month later Misick approached him about buying Joe Grant Cay. In January 2009 a company controlled by Kinay paid $500,000 to Misick, reportedly for upcoming election expenses. A government valuation officer said in June 2008 that the combined value of the Joe Grant Cay land in question was $178 million. Then Minister of Natural Resources McAllister Hanchell sought a private valuation of the property for agricultural purposes without consideration of the development plans. On June 18, 2008, Cabinet approved the sale of more than 600 acres for $7.7 million based on that valuation. Parts of the land were then leased at below market value to other companies. “The grant of development rights, the sale of the hotel land at a gross undervalue, and the lease of the other land at substantially less than the market value were all made at the instigation of Michael Misick,” Martin concluded. “The values were approved by Cabinet as the result of the suppression of evidence of what was at the very least a respectable alternative opinion (from the Government’s own valuer) as to the true values. “Not only did the defendants get the development; they got it cheaply. There is a very strong probability that Michael Misick with the help of McAllister Hanchell secured the grant of these benefits to the defendants as a result of this inducement.” Hanchell said in a statement June 15 that the judge’s finding that there was a strong probability that the payment to Misick was a bribe “can only be regarded as a deliberate attempt by the government to poison the well of potential jurors so that the (Special Investigation and Prosecution Team) can be in a position to object to trial by jury.” Suspension of the Constitution and a new law recently passed allows either defendants, prosecutors or judges to request a trials without a jury if it can be proven that a fair jury trial cannot be held. The SIPT is pursuing criminal investigations into a number of allegations against former ministers and others, but no charges have been made. The Civil Recovery Team has filed a similar action against developers of Salt Cay seeking to recover 239 acres of Crown land sold to developers. The government claims that transaction was subject to “a series of corrupt transactions (namely, secret commissions, illicit rewards or inducements, and/or bribes provided or paid to Michael Misick (or to Chal Misick at the direction of Michael Misick) and/or to McAllister Hanchell) and/or fraud.” Salt Cay development companies deny any wrongdoing, claiming the court action is politically motivated. Kinay’s stalled Dellis Cay development is also being reviewed by the Civil Recovery Team. Click here to read the judge's complete ruling
|
Related Articles
Entertainment: Your Island Guide
|
Top things to do in April Top things to do in April 1. From Golfing to More... |
|
Valentine’s Day Cup 2013 model sailboat races The Middle Caicos Sailboat Association will once again present the annual model sailboat races at More... |
|
Lime and Tourist Board announce weekly Fish Fry The Turks & Caicos Tourist Board & LIME partner with Cultural Fish Fry The Turks & Caicos Tourist More... |
|
Turks & Caicos Reef Fun to host dazzling evening The Turks and Caicos Reef Fund will host its 2nd Annual Cocktail Party Reception on Jan. 26 at the More... |
|
Fashion Glam at Regent Palms The Regent Palms is inviting everyone to an evening of fashion and glamour at their event being More... |
Latest Community News
|
Cholera Clinical Management Training Held in the TCI Healthcare professionals from the TCI Health Services were trained in the Clinical Management of More... |
|
Illegal Haitian immigrants Intercepted Illegal Haitian Immigrants Intercepted, to the Repatriated According to the Ministry of Border More... |
|
Ministry of Health Reminding public about sanitation Health surveillance teams attached to the Ministry of Health and Human Services (MOHHS) have More... |
|
Scholarship applications now being accepted The Ministry of Education has announced that they are now accepting applications for scholarships More... |
|
History and traditions stay alive at the 13th annual boat races in Middle Caicos The 2013 Valentines Day Cup welcomed many fun loving residents and tourists to Middle Caicos’ More... |