fp Turks and Caicos

One month later, dramatically, and before his announced date of resignation, the then Premier, The Hon. Michael E. Misick MP, resigned. This was induced partly by a "domino effect" of politicians fired then rehired, together with those who resigned their posts - Williams MP; Hall MP - amidst the embroiling controversy.

A new Premier, Hon. Galmo W. Williams MP, was sworn-in March 23rd 2009, followed by a new Cabinet days later. A powerful political force was gone. A new uncertain force emerged. The PNP remained the government. The PDM, Her Majesty's Loyal Opposition. Thus for some, things changed; for others, things remained the same.

The new Premier set a bold agenda based on the recommendations that were meant for an Interim Government to follow. He had 30 days. His plan was for 90 days. He has been in office now, nearly 150 days.

In April came the Interim Report, which gave rise to a host of political storms, including the announcement of the proposed suspension of the Constitution to take effect upon the receipt of the Final Report.

May and June followed with court cases and controversy in Parliament, while the current government made headlines executing Mr. Justice Sir Robin Auld's laundry list of recommendations, while developers fought for their reputations.

Almost symphonically, the new Premier offered the Opposition Unity Government. The Opposition deferred. He offered the British a bargain of partnership under close supervision. The British demurred. He then offered self-government in intervals of three months. They abjured; referring to the "seriousness" of the corruption question stirred.

The Final Report came - finally - in July rousing yet more discord after it was at first not released, then unintentionally released in full. The past half year in Turks and Caicos has been a "tale of two cities"; one lurching from its immediate past, the other searching - uncertain - for its future. And in between are the commercial interests - domestic and foreign - looking for some sign of stability, when the noise of corruption, suspension and uncertainty will fall away - as the old timers would say - in the cut - beyond the reef.

In relation to the events of the past seven months, the past couple of weeks have been comparatively uneventful, eerily so.

Next week, the former Premier, Hon. Michael E. Misick MP will finally see his appeal heard before a UK court, where he is hoping to convince them of the unjust nature of the potential suspension of the Constitution, including all that comes with it.

Hon. Misick’s case is scheduled to be heard on Tuesday, August 11th by the Lord Justices of the Appeals Court, in which he seeks, amongst other things, to injunct or prevent suspension of the TCI 2006 constitution or any part thereof; relying on Britain's undertaking upon ascension to the European Union (EU), that in all circumstances, Britain would retain, maintain and support democratic institutions in the Overseas Territories.

The former Premier's contention seems twofold:

1. That by threatening suspension of parts of the TCI constitution and removing the Right of Trial by Jury, not only are the many being punished for the alleged wrong doings of the few, but that it is in breach of the UK's undertaking with the EU.

2. That removing Parliament is an even greater breach of that same undertaking. Misick’s argument before the courts is not that the British lack the power to suspend the Constitution under The West Indies Act 1962, but rather it is that in the exercise of that power, Britain has an obligation to act subject to international law; particularly where the people’s rights are concerned. The British are anticipating Misick to be shot down in his bid to thwart the suspension. Mr. Colin Roberts said in a press conference during his recent visit to the TCI, that they (UK officials) “fully expect” the court to dismiss his case.

Roberts was extremely confident in his statements, so much so, that he offended some in the local government. Minister of Tourism, Hon. Wayne Garland released a statement directly after saying Roberts “gave the impression that the FCO has some form of influence over the outcome of the case.” Garland was offended by Roberts' casual statement and said, “If this is the modus operandi of the FCO, it then calls into question and casts a high level of suspicion over their previous and ongoing actions, as well as their statements.”

Garland said he was concerned that the comments by Robert, “could severely undermine the integrity, credibility and fairness of the judicial process; leaving an impression that the issues raised before the court are frivolous.” Roberts gave no direct reply to Garland’s statement. Roberts stated in no uncertain terms at the press conference that the UK would stop at nothing to pursue their goal of restoring “good governance” to the TCI; i.e. they will do what they have to and take it as far as they have to in order to bring the Order in Council into affect and with it the partial suspension of the Constitution.

Roberts laid the possible outcomes of next week's case to be either a siding with the UK government, meaning upholding the right of the UK government to suspend( which he fully expects) or a judgment for The Hon. Misick, in which case Roberts said they (UK government) would appeal. In the case that Misick is not successful, Roberts said Misick did have one last chance to appeal to the House of Lords, but he felt that was very unlikely to be heard.

In either case, the outcome of next week’s hearings do not seem to be the end of the road for the judicial match being played out in the UK courts, but rather the beginning of an even more intense battle for control over the country. Whichever side looses, appeals will be filed and neither intransigent Mr. Misick nor the intrepid UK government is expected to give in.

Back in the Turks and Caicos, people are continuing to struggle amidst a challenging economic climate, a government with crippling cash flow issues (facing ever new instances of unattended financial liabilities) and a relative standstill of governmental initiatives which is likely to inflict a price, not only on business in the country, but on its brand; the asset to which restoration is harder once tarnished.

It seems as if someone pushed the pause button on the Turks and Caicos, will it continue to go on or is it just the calm before the storm?