| Privy Council rejects Hoffmann’s appeals on inquiry | | Print | |
| Written by Richard Green/richard@fptci.com | |||
| Thursday, 31 May 2012 12:33 | |||
 Salt Cay developer Mario Hoffmann’s claims that he was treated unfairly in the 2009 Commission of Inquiry in the Turks and Caicos Islands have been rejected by the Privy Council. In a ruling May 23, the Privy Council board found that Commissioner Sir Robin Auld did not exceed his authority by naming Hoffmann in relation to allegations of corruption against former Premier Michael Misick and his brother, Chal Misick, in a development on Salt Cay. The board upheld earlier rulings by the TCI Supreme Court and the Court of Appeal that Hoffmann was not treated unfairly because he was not allowed to give oral evidence in the government corruption probe that led to the suspension of the country’s Constitution and imposition of direct rule by the U.K. through the governor. Hoffmann did submit written evidence in the inquiry, but he failed to appear when summoned by Sir Robin. Chal Misick is awaiting trial on charges in part relating to his involvement in transactions on Salt Cay, and Michael Misick is being sought for questioning but is seeking asylum in an undisclosed country claiming that he is a victim of political persecution. Hoffmann has not responded to requests for comment on the ruling. Hoffmann, a wealthy Slovakian businessman, is not charged with any crimes, and he has repeatedly denied any wrongdoing on his part. The government has a civil action pending in the Supreme Court to halt the resort development. Hoffmann has been trying to develop a resort and golf course on Salt Cay since 2000, acquiring a majority of land on the small island. The board said it is undisputed that Michael Misick’s government granted Hoffmann’s Devco company a 99-year lease on 239 acres of Crown land for $1 per acre. In 2006, a holding company of Chal Misick was given 50 percent of shares in Salt Cay Golf Club while Hoffmann’s Cyprus-based holding company held the other 50 percent. A year later, Michael Misick got a $6 million loan from Slovakian bank J&T Banca — a partner in the Salt Cay project — secured by his brother’s equity in the golf club. Shortly before the Commission of Inquiry began in January 2009, the Secretary of State for Foreign and Commonwealth Affairs ordered the governor not approve any advice from the TCI Cabinet to advance the Salt Cay development because it would be a subject of the inquiry. Just before the inquiry report was to be issued, Dellis Cay developer Dr. Cem Kinay and Hoffmann asked the courts to order their names removed from the final report, and Supreme Court Chief Justice Gordon Ward agreed with Kinay's request but not Hoffmann's. The government redacted the report as ordered and released it July 18, 2009, but the redactions were easily removed, and the unredacted report was widely distributed on the Internet website wikileaks.org. The government then withdrew the report from its website, but the press reportedly widely on the report and its details of alleged corruption or malfeasance in office by former government ministers. The unredacted report was finally officially released in August 2011, a decision Hoffmann criticized because his appeal to the Privy Council was still pending. Click here to read the Privy Council's ruling Photo: Salt Cay
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