| $3.1 million recovered | | Print | |
| Written by Richard Green/richard@fptci.com | |||
| Thursday, 17 March 2011 17:56 | |||
 More than $3.1 million in land and cash has been recovered for the Turks and Caicos Islands government so far, and two trials to recover huge amounts of Crown land are scheduled for trial later this year, the head of the Civil Recovery Team says. After a little over a year at work, Laurence Harris said his team of lawyers have more than 50 “live matters” and expect to recover for the government several million dollars more in cash and property in the next six to nine months. All that is in addition to anything recovered in six civil actions the team and the attorney general have filed for Crown land and stamp duty cases. Harris would not reveal information about the cases that have been settled without court action, saying that maintaining confidentiality can encourage people and businesses to settle out of court, saving time and money. The first civil action is set for trial in September against Star Platinum companies to reclaim more than 600 acres of Crown land on Joe Grant Cay. The government alleges that Dr. Cem Kinay’s Turks Development LP paid a $500,000 bribe to former Premier Michael Misick on January 2007. Then in September 2007, a one-third interest in the Joe Grant Cay development was given to a company held in trust for three nephews of Misick, court documents allege. Kinay and Star Platinum deny any wrongdoing, saying Kinay gave a legitimate campaign contribution to Misick. Kinay and his companies are also facing government action and a U.S. lawsuit over his Dellis Cay development, which stalled last year and is in receivership by lender Trinidad and Tobago Unit Trust Corporation. The Supreme Court has frozen Kinay’s assets worldwide, which he says makes it impossible to defend himself. The next case set for trial in November is against Salt Cay Devco companies that are accused of a series of corrupt transactions to gain advantages in their plans for the tiny island. The government wants the Supreme Court to halt the development and return 239 acres of Crown land that was leased for $1 per acre. The specific transactions were cited as giving Chal Misick — a lawyer and Michael Misick’s brother — a 50-percent share of Salt Cay Devco Golf Club, and giving credit cards and loans to Michael Misick and former Minister of Natural Resources McAllister Hanchell. The Salt Cay development companies deny any wrongdoing. Harris noted that trial dates are often changed depending on many different factors. However, he estimated that the remaining court cases concerning Dellis Cay, Third Turtle, two cases of alleged Crown land flipping and one case of alleged stamp duty fraud should be completed in 2012. Just as in cases already settled, if any of the filed cases are settled before trial, terms of those settlements may not be revealed, depending on the terms of the settlements, Harris said. Among the more than 50 cases under review is the Crown land transfer of more than 1,000 acres on Middle Caicos to Juniper Hole Development Ltd. on Valentine’s Day 2008, Harris said. The governor said in October that details of the transaction would be revealed in a few months but have not been, and Harris said he cannot comment on an ongoing investigation. After a Commission of Inquiry in early 2009, Commissioner Sir Robin Auld recommended criminal investigations of Misick, four of his fellow ministers and others for a variety of allegations of possible corruption and misfeasance in public office. A Special Investigation and Prosecution Team (SIPT) headed by Helen Garlick and Harris’s civil team from the law firm of Edwards Angell Palmer & Dodge were chosen to go after criminal and civil matters, respectively but separately. No criminal charges have been made to date, but the governor has said that the first of more than a dozen cases were expected to be made in the first half of this year. Harris said he has no involvement with SIPT cases, but he said there is some coordination. “We do clearly coordinate closely with the criminal team because we clearly have to ensure that we don’t tread on each other’s toes,” Harris said. “The courts recognize that if there are criminal and civil issues engaged at the same time, then there has to be some order of prioritization.” It was originally predicted that Harris’ team’s work would more than pay for itself, and so far it would have, Harris said. But the U.K. just announced that it will pay for all the team’s work in the fiscal year ending March 31, meaning everything recovered so far goes to the government.
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