Volume 6 Issue 43

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Tel: (649) 946-8542 VOLUME 6 No. 43

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NOVEMBER 26TH - DECEMBER 3RD, 2010

By Vivian Tyson SUN Senior Editor

A team of experienced detectives and forensic specialists from the British Metropolitan Police (Scotland Yard) headed by veteran crime investigator and Deputy Assistant Commissioner Sue Ackers, will conduct six weeks of intensive investigations into especially major unsolved crimes, including murders.

The team was presented by His Excellency Governor Gordon Wetherell and Commissioner of Police Edward Hall at a news conference at the Hilly Ewing Building in Providenciales on Tuesday, November 23. The crimes that the team would be focused on include murder and armed robberies.

The members comprised Assistant Commissioner of the Metropolitan Police Sue Akers, Head of Organised Crime Unit at Scotland Yard, which has some of the best detectives in the world.

The other members are Detective Sergeant Gail Granville; Clive Lucy, forensics expert, Detective Superintendent Mark Kandiah; and Detective Inspector Andy Rees Continued on page 2

ONA GLINTON PRIMARY SCHOOL FIRE

The Ona Glinton Primary school, Grand Turk was severely damaged by fire on Sunday, November 21 2010. The fire destroyed nine classrooms, the computer lab, the guidance counselor/music/physical education office and the canteen/tuck shop. The destruction has displaced the entire school population. This has disrupted the continuation of school in the short term.

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Scotland Yard Police in Turks and Caicos

LOCAL NEWS

TURKS AND CAICOS SUN

NOVEMBER 26TH - DECEMBER 3RD, 2010

Continued from Page 1

Akers has served as a police officer for 28 years, all of them in the Metropolitan Police Service.

Her early years were spent as a career detective, working all over London, including a protracted period at Scotland Yard with the Serious and Organised Crime Group.

Later she specialised in murder investigation at DI, DCI and Det Supt rank, before spending a year as the Deputy Commissioner's (Sir Ian Blair) staff officer.

Governor Wetherell said the idea behind bringing in the Scotland Yard agents was part of a three-prang approach to fight rising crimes in the country. “…One (approach) was to launch a new operation know on Alpha 2 – building on the precedent of Alpha 1 in August and targeted here, especially in Providenciales. This operation has already had significant impact in reducing the incidence of violent crimes. The second avenue we were pursuing was that of strengthening the penalties for gun-related crimes and the illegal possession of guns.

“And as you would be aware, draft legislation was put to the consultative forum on the 9th of November, and the Forum recommended its adoption, and it will come into force after the 30th of November, when the current (gun) amnesty runs out. The third avenue was pursuing short term British assistance,” the Governor said.

Governor Wetherell said the investigator’s presence in the TCI was made possible courtesy of the British

His Excellency Governor Gordon Wetherell and members of the Royal Turks and Caicos Islands Police Force (RTCIPC) are pictured with their British Counterparts. From left are: (RTCIPC) ACP Rodney Adams, Larry Covington FCO-OTD Law Enforcement Adviser, ACP Dave Ryder (RTCIPC), DCP Hubert Hughes (RTCIPC), HE the Governor Gordon Wetherell, Assistant Commissioner of the Metropolitan Police Sue Akers, Detective Sergeant Gail Granville, Commissioner of Police Edward Hall, Clive Lucy, forensics expert, Detective Superintendent Mark Kandiah and Detective Inspector Andy Rees

Home Office in the UK, which successfully lobbied the Metropolitan to assist the TCI. The team’s deployment, which is to last until Christmas, is to be funded by the British and Commonwealth Office, the Governor said.

In addition to investigating unsolved crimes, the team will also be looking to identify skills deficiencies in the police force with a view for future augmentation in those areas.

For his part, Commissioner of Police, Edward Hall told reporters that he was looking forward to working with the Scotland Yard team to

unearth the mysteries surrounding the committing of the unsolved crimes.

He revealed that one reason for the seeking Scotland Yard assistance was to have senior investigators with experience in hard-to-solve murders and robberies, with the objective of providing guidance and advice to local crime fighters in all those areas.

“I am grateful to the Governor and to the Overseas Territories Law Enforcement Advisor, Mr. (Larry) Covington, for their leadership in this initiative. I am also grateful to the UK for their positive response. Hopefully, during this exercise there would be

something that we might have missed (in past investigations into the unsolved crimes), like how to notice (certain aspects of detection), and I hope, would be able to resolve some of these matters,” Commissioner Hall said.

In the meantime, Ackers said her superiors did not hesitate to jump at the opportunity to lend a hand to the Turks and Caicos Islands in its request for assistance. She said the team, which arrived into the country on Monday, November 22, collectively has wholesale experience in homicide and organized crime investigations.

TCI is still the best place to live – Commissioner of Police

By Vivian Tyson SUN Senior Editor

DESPITE THE RECENT spike in violent crimes, Commissioner of Police Edward Hall believes this set of Caribbean Islands is still the best place on this side of the globe on which to reside.

Commissioner Hall, who was addressing media representatives at a news conference to introduce five British Metropolitan (Scotland Yard) Police personnel, who have been brought into the country to assist with especially unsolved major crimes, said the police have been on top of their game in their thrust to effectively tackle crime in this British dependency.

“I believe that the Turks and Caicos Islands are still the best place on planet Earth to live, visit, work, invest, grow up and grow old. And I am sure that the law-abiding majority in these islands will agree that we have a duty to ensure that it remains so,” Commissioner Hall noted.

According to the police commissioner, since the latest police initiative – Alpha 2 – especially major crimes have taken a nose-dive as a result of police vigilance and the increased willingness by citizens to report criminal activities in their neighbourhoods.

Commissioner of Police Edward Hall

He urged slingers of illegal guns to take up the amnesty now in effect, since after the end of this month it would not be in the offing.

“To those persons who are determined to break the law, I encourage you to desist. We, in law enforcement are determined to make it difficult for

you. We have more than ever, the support of lawabiding citizens, through-out the community we serve, and it is our intention to bring you to justice.

If you chose to continue to disobey the law, we will be relentless in our efforts to arrest you; take you before the court, where hopefully you will receive the just recompense of your action,” Commissioner Hall warned.

Earlier, His Excellency Governor Gordon Wetherell called on those with illegal guns to make full use of the amnesty, since after the November 30, legislations passed in the Consultative Forum will come into effect, that would increase the penalty for the possession of such offensive weapons in the commission of crimes, to a minimum of five years to life imprisonment.

“The new penalties for the use of guns in crimes, and for the illegal use of weapons will come into force at the end of this month. So, I would urge anyone who has an illegal weapon in their possession to make full use of the amnesty, because come the end of this month, anyone found to be in possession of a gun in the commission of a crime, will be taken before the supreme court, and if found guilty, will serve a minimum of five years prison sentence,” Governor Wetherell noted.

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COMMENTARY

TURKS AND CAICOS SUN

NOVEMBER 26TH - DECEMBER 3RD, 2010

REVISED RECOMMENDATIONS FOR CHANGES TO CONSTITUTIONAL AND ELECTORAL ARRANGEMENTS IN THE TURKS AND CAICOS ISLANDS, BY KATE SULLIVAN PART TWO

Revised recommendation 30: That the Public Service Commission’s remit be reviewed to provide that its main roles are (a) to uphold the principles of merit, neutrality and integrity in the public service and (b) to be concerned with the setting and monitoring of standards. That the Commission's size be fixed at either three or five members. The Chair should continue to be appointed by the Governor acting in his or her discretion, and the two or four other members should be appointed by the Governor following consultation with the Premier and the Leader of the Opposition.

Revised recommendation 31: The Governor should make appointments to PermanentSecretary/Head of Department posts, and be required to consult the Public Service Commission but not be required to follow their advice in relation to these appointments.

The Governor should be able to delegate this appointment power to the Deputy Governor.

Revised recommendation 32: The Governor should continue to make appointments on the adviceof the Public Service Commission to posts below the level of Permanent Secretary/Head of Department. The Governor should be able to delegate this appointment power to either the Deputy Governor or to Permanent Secretaries.

Revised recommendation 33: That the Public Service Commission should have added to its functions a requirement to publish and keep under review a disciplinary policy, to monitor its implementation and to provide advice upon it.

Revised recommendation 34: That the Governor be empowered to delegate his disciplinary and removal powers to the Deputy Governor or permanent secretaries and heads of department. When these powers are so delegated, public servants can appeal any disciplinary or removal decision to the Public Service Commission.

Revised recommendation 35: Include the core principles of crown land management in the Statement of Governance Principles.

Revised recommendation 36: Create a new Part of the Constitution establishing institutions to protect democracy. These institutions should be: a) Auditor General b) Complaints Commissioner c) Director of Public Prosecutions d) Supervisor of Elections e) Human Rights Commission f) Integrity Commission

Revised recommendation 37: The Constitution should stipulate that in the exercise of functions given to them by the Constitution these watchdog institutions shall not be subject to the direction or control of any other person or authority.

Revised recommendation 38: The Constitution should stipulate that, similar to the existing provisions for judges, commissioners and watchdog officeholders cannot have their posts abolished during their tenure.

Revised recommendation 39: Appointments to watchdog institutions will be made by the Governor following consultation with the Premier and Leader of the Opposition.

Revised recommendation 40: That a process for the funding of watchdog institutions be set out in the Constitution, and include: a) That these bodies will submit their budget bids to the Appropriations Committee for scrutiny; b) That following scrutiny and any amendments, the Appropriations Committee must each year recommend a budget to the Assembly for each institution; c) That the Assembly can only pass or reject a Appropriations Committee submitted budget, not amend them; and d) That the Governor’s reserved legislative power be extended to assuring that these institutions have an appropriation in place within four months of the commencement of the financial year.

Revised recommendation 41: that the Integrity Commission be required to publish, following wide consultation in the islands, a Code of Conduct for Persons in Public Life; to keep the Code under review; and to investigate, either in response to a complaint or on their own initiative, any alleged failures to abide by the Code by those subject to it.

Revised recommendation 42: That Belongership should be defined in the Constitution, with supporting details provided in an Ordinance. The Constitution should prescribe that Belongership can be obtained by birth, by marriage and can also be acquired by grant. It should require that the conditions for acquisition by grant should be prescribed in an ordinance, subject to the following minimum pre-- conditions: • That an applicant is legally resident in the TCI, and has held a permanent residence certificate for a period of between five and ten years; and • That an applicant holds BOTC status with regard to TCI; and • That an applicant is of good character and is neither under sentence or bankrupt.

Revised recommendation 43: That the Constitution include, in a new part on Public Financial Management: a) Provision requiring the macro-- economic and fiscal policies of the government to be conducted for the sustained long term prosperity of the people of the TCI. Government finances are to be managed according to widely held principles of value for money, affordability and regularity and in the interests of long term financial stability; b) Provision requiring the TCIG to formulate a framework document stating its principles of public financial management that must be (i) subject to public consultation (ii) agreed by Assembly (iii) agreed with the Secretary of State and (iv) published.

The framework is to set limits on debt levels relative to revenue, debt service costs as a proportion of total expenditure, and levels of reserves relative to expenditure. The TCIG will report on performance against this framework every six months. The Secretary of State will have to agree to any decision, policy or ordinance that would take TCIG outside the framework document; c) Provision requiring the TCIG to aim towards achieving and maintaining a surplus budget, and that any appropriation bills that are not planned to return a surplus result be accompanied by a statement to the legislature explaining the rationale for not achieving a surplus; and d) Allow for borrowing, subject to borrowing guidelines from HMG, only if authorised by or under an Ordinance which includes approval of the terms and conditions of the loan.

Require six monthly reports to the Assembly on the status of loans including the total amount of indebtedness.

Revised recommendation 44: That the Constitution include, in a new part on Public Financial Management: a) Provision to require a six monthly report to the Assembly on the state of the public finances and the state of the economy of the Turks and Caicos Islands; b) Provision to make explicit the requirement for all taxation to have the prior approval of the House of Assembly and require all concessions from such taxation to be published every six months; c) Provision requiring contingent liabilities including pensions and healthcare to undergo a periodic independent actuarial assessment and for this assessment to be submitted to the House of Assembly; and d) Entrench the establishment of a Consolidated Fund and the means of access to it, requiring the prior approval of the House of Assembly for such access.

Prohibit the withdrawal of monies from any public fund of Turks and Caicos Islands other than the Consolidated Fund, unless the issue of those moneys has been pre-- authorised by law.

Revised recommendation 45: That the Constitution establish an Appropriations Committee toconsist of

Turks and Caicos Sun Suite # 5, Airport Plaza Providenciales Turks and Caicos Islands Tel: (649) 946-8542/ (649) 241-1510 Fax: (649) 941-3281 Email: sun@suntci.com Read us online at www.suntci.com

Publisher & Editor-in-Chief: Hayden Boyce Senior Editor: Vivian Tyson Web Designer: Patrina Moore-Pierre Graphics Editor: Joleen Grant Office Manager: Dominique Williams Distribution Manger: Kelano Howell Advertising and Marketing ManagerPatrina Moore-Pierre

The Turks and Caicos SUN is a subsidiary of The SUN Media Group Ltd.

We are committed to excellence in journalism, educating and informing our readers, serving and satisfying our advertisers and assisting in the overall development of the Turks and Caicos Islands. at least three Members of the Assembly who are not Ministers, and empower the Committee to co-- opt in external members to assist it in its work. The Committee should have powers to compel documents and evidence from departments, Ministers and individual public servants and be expected to meet in public.

Revised recommendation 46: That the Constitution require the designation of an Accounting Officer in each Ministry, Department or watchdog institution to be responsible for the regularity and propriety of the expenditure, receipts and resources of that Ministry, Department or watchdog institution and to be accountable to the House of Assembly. Require the designation of an Accountant General for the TCI Government to be responsible for the compilation and management of the accounts of Government; and the custody and safety of public money and other resources of the Government.

Revised recommendation 47: That the Constitution include, in a new part on Public Financial Management, a budget process that: a) Has a requirement that the House of Assembly must have approved an Appropriations Bill before the commencement of financial year; b) Sets out the role of the Appropriations Committee in the budget process, which includes an opportunity to scrutinise the draft Appropriations Bill before it is considered by the House of Assembly; c) Allows for continuing access to finance for the Government if the Appropriation Ordinance has not come into operation by the beginning of the relevant financial year for up to four months from the beginning of that financial year or the coming into operation of the Appropriation Ordinance, whichever is the earlier. Limit the percentage amount that can be spent in this way; d) Allows for supplementary appropriations, including for excess expenditure, through the passage of a further Ordinance; e) Publication of budget documents and the reports of the Appropriations Committee in a timely fashion; f) Requires the annual setting by TCIG of three year targets for revenue and expenditure, and assessing of performance against the debt sustainability limits as set out in the principles of public financial management, and the submission of the targets and the assessment to the Assembly by TCIG at the same time as the main estimate; g) Provision for the Governor, acting in his discretion, to withhold assent from an appropriations bill if he considers it to be acting against the sustained long term prosperity of the people of the TCI; and h) Allow for a Contingencies Fund that can be accessed by the Minister responsible for finance if there is an urgent and unforeseen need for expenditure and the Governor, acting in his discretion, agrees.

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TURKS & CAICOS SUN

NOVEMBER 26TH - DECEMBER 3RD, 2010

LOCAL NEWS

Gunman killed during robbery at Building Materials

The surviving member of an alleged duo of gunmen that unsuccessfully staged a robbery on the compound of the DO IT Centre on Providenciales last Friday, November 19, has now been listed in stable condition, after one of two security guards that they held up relieved a bag of money peppered them with bullets as they tried to drive away in a stolen vehicle.

The wounded gunman and his dead colleague have been said to be illegal aliens of Haitian nationalities.

The incident unfolded at about 4:30p.m., when the two gunmen, who eyewitnesses said, appeared to have been staking out the cash transfer of the enterprise for possibly hours.

The two men reported surprised the two security guards in the store’s parking lot and relieved them of the loot, after frisking them for apparently any threatening weapons.

They then stole a silver truck that the guards belonging to the guards in which they started their escape quest. However, one of the security officers, who had a firearm nestled in backside of his waistband, chased the van and started shooting at the men.

“Both staff members and shoppers were alerted by the loud sounds, and many of us ran for the entrance of the building and saw the security shooting at the van, and it was at that time we knew that something was wrong,” a staff member told The SUN. A customer who said he had just bought a loaf of bread and cakes from the neighbouring Chinson’s Bakery, said his curiosity was raised by the loud explosions and when looked, saw a man adorned in black, appeared to have fallen from a moving pickup truck. And them minutes later saw about three police cars arriving on the scene.

The two men reported surprised the two security guards in the store’s parking lot and relieved them of the loot.

“Man, it was like an action urban moving or the wild, wild west. I felt scared, but curious at the same time because at first, I did not know who was shooting at whom, until seconds later when I saw a security with a handgun flog down a car and jump in. It was that time I knew that he was chasing a gunman,” the eyewitness said.

The alleged gunman behind the wheels reportedly turned left at the FirstCaribbean intersection, then turned onto the Cooper Jack Road,

where he met in an accident, as he apparently was feeling the effects from gunshot wounds that he sustained from the security guard’s gun.

Both were taken to the Cheshire Hall Medical Centre, where one of them died while undergoing treatment. Up until press time, it is not clear if the police ascertained the identities of the men. The police would not say whether or not they confiscated any weapons from the men.

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Posters by Integrity Commission angers Turks and Caicos residents

LOCAL NEWS

TURKS AND CAICOS SUN

A SET OF posters that were designed to highlight and promote Government’s stance against corruption in the Turks and Caicos Islands, has angered and outraged residents of this country.

The posters which were authorized by the Integrity Commission and posted in the NJS Francis Building in Grand Turk, were interpreted by many as being racist, disrespectful, insulting and discriminatory. They have since been taken down.

In response to reports in the media regarding posters in the NJS Francis building, the Integrity Commission has issued the following statement: “The Integrity Commission wishes to make clear that allegations of discrimination behind posters displayed in the foyer of the NJS Francis Building are completely untrue, unfounded and unhelpful. The Integrity Commission wishes to convey general messages that apply to all, regardless of nationality, religion, sex, creed or colour.

“The posters are part of a series designed to heighten awareness of the importance of integrity in public life. The

complete set of posters contain images of people of different backgrounds, so as to reflect the diverse population of the TCI. Such posters are an accepted means of informing the public on important matters.

The Integrity Commission is sorry if people feel offended by this first set of posters which were put on display yesterday.

These have now been removed. However, the constructive criticism received has been helpful and the Commission will now review the entire collection to be satisfied that they have an appropriate balance. Public feedback will be welcomed on the new designs.”

A separate government statement said that media reports that the posters illustrating the work of the Integrity Commission were developed under the direction of the CEO Mark Capes, were untrue.

“The Integrity Commission is an independent body and its activities are therefore not directed by Government,” the statement said.

NOVEMBER 26TH - DECEMBER 3RD, 2010

GUNMAN SAVED BY CHURCH GETS 6-MONTH FOR GUN POSSESSION

Harry McKenzie, the man who sought refuge on the grounds of the Community Fellowship Centre Assemblies of God Church and the Community Christian Academy School on Wednesday morning, November 17, is now at Her Majesty’s Prison in Grand Turk serving a six month sentence after being caught with a gun two days after his ordeal.

The 28 year-old Jamaican born McKenzie was held by the Providenciales Police on Friday, November 19, who searched him and found a weapon in his possession. He was arrested and charged with possession of an unlicensed firearm and possession of explosives.

He was taken to the Providenciales Magistrate’s Court on Monday, November 22, where he pleaded guilty to the charges, and was sentenced to six months in prison. At the time of his sentencing McKenzie was out on bail awaiting trial on another gun charge, for the shooting of Haywood McIntosh Jr., in Kew Town earlier this year.

McIntosh, an ex-convict, who recently was released from prison after he was caught with a weapon three days after he was shot and his vehicle riddled with bullets, was sentenced to six months as a result of that crime.

Last week Wednesday (October 17) McKenzie sought refuge on the grounds of the Community Fellowship Centre Assemblies of God Church and the Community Christian Academy.

Principal, Rawle Gill, said the dreadlocks McKenzie frantically barged into the classroom where he was teaching a grade six math at about 7:45a.m, shouting the teacher to call the police because he was being chased by a man sporting an AK47 rifle.

The SUN understands that the unidentified man who was being chauffeured in a white truck, stopped at the entrance to the complex apparently when he saw children playing in the school/church yard.

McKenzie was kept into safe custody until the police came and ushered him to the Providenciales Police Station, where he gave investigators a statement on the matter.

NOTICE OF SALE BY PUBLIC AUCTION Scotiabank (Turks & Caicos) Ltd. of Cherokee Road, Providenciales, Turks and Caicos Islands hereby gives notice of its intention to sell by Public Auction the following properties pursuant to its power of sale as registered Chargee under the Registered Land Ordinance of the Turks and Caicos Islands:

1.

Parcel 60720/75 Cheshire Hall & Richmond Hill, Providenciales comprising 1.32 acres of land on which is constructed a concrete two storey apartment building consisting of five apartment units.

Registered proprietor: Terrance McNeil Adams and Alecia Leopathra Adams

2.

Parcel 61113/59 Long Bay Hills Providenciales comprising 0.50 acres of land on which is constructed a concrete 1 storey apartment building consisting of three bedrooms and two bathrooms.

Registered proprietor: Marva Alveica Lightbourne 3.

Parcel 60900/73 Leeward Going Through Providenciales comprising 0.40 acres of land on which is constructed a two storey three bedroom, two bathroom concrete structure.

Registered proprietor: Stanley Marcus Lightbourne and Belinda Venesser Lightbourne

4.

60701/36 Cheshire Hall & Richmond Hill Providenciales comprising 1.44 acres of land on which is constructed a three bedroom, three bathroom house.

Registered proprietor: Kenneth Norman Russell 5.

Parcel 60802/58 The Bight & Thomas Stubbs Providenciales comprising 0.23 acres of land on which is constructed a concrete two storey building consisting of four bedrooms and two bathrooms.

Registered proprietor: Francina Louise Forbes 6.

Parcel 50208/144/K4 Whitby, North Caicos on which is constructed a two bedroom, two bathroom beach front condominuim.

Registered proprietor: Donovan Lloyd Noble

7.

60003/121 North West & North Central, Blue Hills, Providenciales comprising 0.26 acres of land on which is constructed a three bedroom, two bathroom house.

Registered proprietor: Lydia Louise Handfield

14.

Parcel 61112/50 & 52 Long Bay Hills Providenciales comprising of two adjoining parcels with an existing two bedroom and one bath residential house, plus guest building.

Registered Proprietor – Hynetta Lenore Stubbs

9.

Parcel 10404/183, Central, Grand Turk comprising 0.47 acres on which is constructed a two storey mixed use incomplete building.

Registered proprietor William Jason Francis

16.

Parcel 60807/172 & 173 The Bight & Thomas Stubbs, Providenciales comprising of two adjoining lots of a total of 1 acre on which is constructed a two storey apartment building with two ground level one bedroom apartments and one upper floor two bedroom, two bathroom apartments.

Registered Proprietor – Jacqueline Edna Brown and Latasha Makalia Delancy

8.

Parcel 60809/188 The Bight & Thomas Stubbs Providenciales comprising of approximately 0.25 acres on which is constructed an incomplete family home with two bedroosm and two bathrooms.

Registered proprietor: Brendalee Nancy Harvey

10.

Parcel 60503/145 Blue Hills & Stamers Run , Providenciales comprising 0.38 acres on which is constructed a single storey building. with a partially complete Registered proprietor: Sharon Elizabeth Rigby

11.

Parcel 60900/230 Leeward Going Through, Providenciales, comprising 0.65 acres of land on which is constructed a two storey residential building consisting of 3 bedrooms and 2 ½ bathrooms Registered proprietor Marvin Prince Albert Stubbs

12.

Parcel 60717/102,103,104,105 Cheshire Hall & Richmond Hill, Providenciales comprising 1.75 acres of land which consists of four adjoining lots, on one of which is constructed a detached single storey residential building. The building consists of three bedrooms, two bathrooms and an outdoor pool.

Registered proprietor: Solomon Holdings Ltd and Richard Sankar 13.

Parcel 60715/23 Cheshire Hall & Richmond Hill, Providenciales comprising 0.48 acres of land on which is constructed two two storey apartment buildings, one comprising 8 units and the other comprising 4 units.

Registered proprietor: Thomas Chalmers Misick

15.

Parcel 60715/308 Cheshire Hall and Richmond Hill Providenciales comprising of residential property on .68 acres of land on which is constructed a one storey two bedroom and one bathroom home.

Registered Proprietor –Hugh Marvin Henfield

17.

Parcel 10507/35/K8 South Suburbs Grand Turk comprising of a one bedroom condominium unit at the White Sands Resort, Registered Proprietor – Wilfred Rattey Jr.

18.

60400/172 Chalk Sound, Providenciales comprising of 1.05 acres of land on which is constructed a split-level residential development, with 11 bedrooms, 10 bathrooms, pool and concrete deck area.

Registered Proprietor – Robert Alexander Been The auction will be held at the offices of Scotiabank (Turks and Caicos) Limited, Grace Bay Branch, Providenciales at 10:00 o’clock in the morning on Thursday the 9th day of December 2010 A reserve price will be fixed on all parcels.

Terms and Conditions of Sale by Auction are available by request from Scotiabank Collections Manager (649) 941-5008 Ext 295 or fax number (649)946-4409

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TCI man in deadly gun rampage in Miami

NOVEMBER 26TH - DECEMBER 3RD, 2010

TURKS AND CAICOS SUN

LOCAL NEWS

KILLS GIRLFRIEND, AND 3 CHILDREN THEN COMMITS SUICIDE THE MIAMI POLICE have reported that a man said to be from the Turks and Caicos Islands shot his girlfriend dead, then pelted three of her four children with bullets before turning the gun on himself fatally.

The man has been identified as Mark Glinton 37, while his girlfriend has been identified as Angelina Jacques.

The police said the incident took place just after 11pm on Saturday, November 20, during a domestic dispute inside their North Miami Beach home. He then opened fire on her four children - Ashley 14, 13year-old Quentin, Xavier 10, and two-year-old Christian. Three of the four - Ashley, Quentin and Xavier - were listed as being in critical condition.

The shooting was ruled a domestic murdersuicide, according to police spokesman Mike Pons.

Glinton, Jacques and her four kids lived together in the house at 1500 NE 151st Ter. The man was not the birth father of the children, the police said.

The shootings came after a violent argument between the two adults over infidelities, one of the children – Christian – later told her father Ricardo Fils-Aime. In a rage, she said, the man grabbed a gun, killed her mother, then went after the kids. He then turned the gun on himself.

The events unfolded about 11:20 p.m. Saturday when North Miami Beach police responded to a call of a shooting in the Washington Park neighborhood.

They found a wounded Xavier, who had gone to a neighbor's home for help. While interviewing the boy, they heard gunshots from inside the boy's home and called in a SWAT unit.

When they entered the small, peach-colored house, they found the bodies of Glinton and Jacques, and Quentin and Ashley wounded.

Christian, who was found at the scene was not injured. The toddler, up until press time, was said to have been in the city's custody, as the Florida Department of Children and Families was involved.

“We got a call on our hot line about the case, and are collaborating with police, investigating to see if we have a history with the home,'' said Miami DCF spokeswoman Lissette Valdes-Valle. ``If there is a family member, that would be the best case, to place the kids with a family member.''

Police were still trying to determine what led to the violence. Wills Dorleus, 38, who identified himself as the father of three of the four children, told WSVN-Fox 7 that he saw his 10-year-old injured son, Xavier, and spoke to his daughter at the hospital. He said she gave him an account of what happened inside the house.

“I just went to the hospital, and the daughter, she spoke to me and she said she heard the stepdad arguing with her mom about he has another girlfriend.

It was about jealous things,” Dorleus told the television station.

B & F Variaty & Liquour Store

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Gunman Mark Glinton shot girlfriend Evelina Jack, who was six weeks pregnant with her fifth child, after row about his alleged affairs and then opened fire on her

Little two-year-old Kristian survived the shooting because his brother threw himself in front of gunman Mark Glinton

The girl told her father she heard shots in the night.

“When she went in the room, she saw her mom lying down on the ground. The man had a pistol in his hand.

She said, ‘You killed my mom? You killed my mom?’

That's when he shot her and went back in the room, shot my son and my stepson . . . It is shocking. I don't know why someone would do something like this.”

The couple shared their home with a roommate.

The roommate, who declined to give his name, had flown to New York on Saturday, before the shooting, and said he was shocked to hear the news Sunday morning.

It was the Glinton who dropped him off at Fort Lauderdale-Hollywood International Airport for his trip, he said.

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Lindsey Musgrove takes Tourist Board to labour court

LO AL NEWS

FORMER DIRECTOR OF Tourism Lindsey Musgrove has taken his former employer the Turks and Caicos Islands Tourist Board to the Labour Tribunal claiming monetary compensation on the grounds of unfair dismissal.

Judgment in the case which is being held at the Pedro Ariza Building in Grand Turk, is pending. The matter was last heard on November 17.

Musgrove, who is represented by Chalmers and Co., was employed at the Tourist Board in October of 1994, and parted company with the organization in October, 2009. He filed the application in the Labour Tribunal on March 17 this year, claiming unfair dismissal.

Musgrove claimed that there has been a selection of a director of tourism for the new TCI Tourist Board, noting that the board disregarded the existing contract it has with him, even though he was still the legitimate director.

However, the Tourist Board, which is represented by the Attorney General

PPC LIMITED STAFF VACANCY – SUPERVISOR OF CREDIT AND REVENUE PROTECTION

Applications are invited from interested and suitably qualified persons to fill the position Supervisor of Credit and Revenue Protection in our Customer Services Department on Providenciales.

Description Responsible for structured account collection process through continuous customer contact, follow-up, disconnection and court action for PPC and AEP. Responsible for data collection and dissemination, management of credit controls and direct supervision of cash collection as relates to overdue accounts.

Responsible for the Supervision of all aspect of Debt Collection.

Main Duties • Develop, implement and administer policies to continually streamline and improve receivables management in an effort to minimize bad debt and keep outstanding receivables at a minimum.

• Participate in the development of and maintain a process to manage all customer accounts to optimize cash flow and minimize overdue accounts. This will include daily account collection calls and regular automated customer contact processes.

• Organize disconnects and reconnections with customer service department as necessary.

• Prepare detailed monthly account receivables report inclusion into monthly management reports.

• Develop and maintain contacts and relationships with key customers, through internal and verbal written correspondences.

• Develop relationships with Government Permanent Secretaries and Treasury to facilitate collection of Government accounts.

• Maintain repayment agreements for

TURKS AND CAICOS SUN

Chambers in Grand Turk, said in its response to Musgrove’s originating application, that the former tourism director was not dismissed, but rather, tendered his resignation.

According to the Attorney General Chambers, Musgrove resigned by giving notice in his letter submitted, and was not coerced into making that decision.

There is also some level of anomalies with respect to Musgrove’s salary and the dates which he was employed.

In his originating application, Musgrove stated that he was employed on October 13, 1994 and severed ties with the statutory body on October 15 2009. But according to the Tourist Board, the former director was employed on October 1, 1994 and left October 13, 2009.

Musgrove stated in his originating application that his basic was $8,342.78, plus 20 percent gratuity on gross salary and years of service. However, the Tourist Board noted that Musgrove’s basic salary

overdue amounts.

• Periodic audit of customer files to ensure compliance with management standards and TCI regulations and ordinance.

• Organize resources to perform formal metering audits annually or as required by management.

• Cohesively work with the Manager of Customer Service in execution of all departmental goals and objectives.

• Prepare monthly report for employee receivables with appropriate follow-up.

• Conduct annual Employee Performance Appraisals.

• Supervise a Staff of Five.

• Perform any other related duties as may be assigned from time to time by the Vice President of Corporate & Customer Services.

Minimum Requirements • The incumbent must poses a minimum of 4 years ‘experience as a Supervisor.

• The incumbent must have 5 years experience in the credit function in a utility setting and have a well developed understanding of metering & billing systems and processes.

• Associate Degree in Business Administration.

• 5-6 years in office administration.

• Excellent written and oral communications skills.

• Excellent team player and team building skills.

• Ability to deliver to strict deadlines and to work under pressure.

• Goal-oriented.

• Self motivated.

• Team Player Compensation • Salary Grade 13: $58,420.00 - $73,030.00 based on qualifications and ability.

PPC offers a competitive compensation package for more information contact Human Resources Director Deadline for submission of application is December 3rd, 2010. Please submit to:Director, Human Resources PPC Limited P. O. Box 132, Providenciales Email address: jmissick@ppcltd.tc or by fax 941-4304 Website: www.ppcltd.tc

NOVEMBER 26TH - DECEMBER 3RD, 2010

was $6,492.72, plus four percent gratuity, housing allowance of $1,200 and responsibility allowance of $650.

Musgrove was originally the sole director of tourism for some time, but a few years ago his duties were split and he was given responsibility for administration, while Ralph Higgs, who was deputy director, was elevated to Director responsible for Marketing.

At the time of Musgrove’s resignation, The SUN was informed that he and certain other members of the Turks and Caicos Islands Tourist Board were asked to reapply for their positions, with new applicants at the disposal of the new board. As a result he tendered his resignation and it was accepted.

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Somerset Resort up for sale

NOVEMBER 26TH - DECEMBER 3RD, 2010

THE SOMERSET RESORT on Grace Bay could change hands soon from its original developer and director Allyson Nick - as The SUN understands that there has been a great deal of interest in the property, including offers from the property’s condo owners.

This newspaper understands that Somerset has been on the market for sometime, but its owner was having a difficult time relieving herself of it, because interested parties were few and far between.

However, recently, a source close to the hotel’s operation, said condo owners, who formed themselves into a body and an undisclosed buyer have showed above normal interest in the property. The SUN also understands that attorney and businessman Clive Stanbrook, also made queries about the establishment.

Attorney Stephen Wilson of Miller Simons O’Sullivan law firm, who represents the interested owners, confirmed that his clients had shown an interest in pooling their resources to purchase the commercial building and the management company from the developer, but stated that discussions had broken down.

“At the moment as how I understand it, the developer company has actually sold or is in negotiations to sell with a third party, so it won’t be an owners’ buy-out. All I know

LOCAL NEWS

TURKS AND CAICOS SUN

The Somerset Resort on Grace Bay is up for sale

from the owners’ perspective, they have asked for information in relation to the sale, but had not been provided with any. The developer is under no obligation to give information to the owners because it is the developer’s property that is being sold.

“And I don’t know what is happening with respect to the management company, and whether this purchaser is planning to buy the management company or whether it’s the purchase of the resort buildings,” Wilson explained, referring us to Norman Saunders, who he said was acting on behalf of the third party purchaser.

InterIsland Aviation Services Group.

Page 11

Saunders was not readily available for comment at press time, but a source close the situation revealed that a deal could be struck soon between the unnamed interest and the resort management. It is not clear however, if the purchase would be wholesale or in part.

The source noted however, that while negotiations between the owners and the management company had fallen through, it is not a dead deal, since the owners have brought litigation against the management company for revenues owed from the renting of their units.

According to the source, “The property has been on the market forever, so it should not come as a surprise to anybody (that there are

purchasing interests now).”

The source who is known to have inside financial information about a number of businesses in the Turks and Caicos, said the majority of resorts in the country are faced with financial troubles, and in order to stay afloat, had to slash their rates drastically, since other neighbouring tourism jurisdictions have lower their rates to attract visitors.

The source noted that while occupancy is up over last year, revenues have declined as a result of the resorts having to slash their rates.

“I think it is safe to say that every resort on island (Providenciales) is in financial difficulty.

Those that are exceptionally well-run are covering their costs. You have a handful of resorts on island that are breaking even and covering their costs – those are the ones that were profitable some three, four years ago. But I would say that about 85 percent of the resorts on island are struggling.

“Speak to PPC and they can tell you that the resorts can barely pay their power bill. Speak to Cable and Wireless (LIME), and they can tell you. If you go on some resorts and you look, you would see that things are so tight that landscaping starts to suffer - in some amount because they stopped watering the plants – the water bill is so high, they start to hold back on water. After certain period lights would be shut off at some resorts, because they are cutting cost significantly,” the source said.

Stores Clerk

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Computer skills.

Salary commensurate with experience.

Two Public Area Supervisors

Responsible for the flow of passengers through the operation bases.

Management and lifting of passenger baggage and personal effects. Salary $8.00-$12.00 p.h..

Two Front Desk Clerk

Two provide high quality, professional customer service to internal & external customers. Answer questions and offer information covering a wide variety of airline airport related topics. Basic Computer skills. Salary range $9.00-$12.00 p.h..

All positions require the following: Excellent command of the English language – reading, writing and speaking.

Good communication skills and team player Detail oriented & organized individual Ability to work shifts, early mornings, late nights, weekends and Holidays.

Clean police record Able to work under pressure BELONGERS NEED ONLY APPLY.

Interested person should apply to Interested applicants should apply to HR@flyairtc.com or via fax to HR Department 649-946-4040.

No phone calls please. Qualified candidates will be contacted for an interview.

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COME AND ENJOY!!!

Reply to “Consultative forum got it right”

Page 12

LOCAL NEWS

By Courtenay Barnett

My learned colleague, Mr. George Missick wrote an article in the Turks and Caicos Weekly news (Nov. 20-26, 2010) entitled, “Consultative forum gets it wrong”.

I accept Mr. Missick as a learned colleague and most able lawyer, but with respect, I must reply and state not only that Mr. Missick got it wrong, but why so.

Mr. Missick’s letter opens with these words:“ The Consultative forum got it totally wrong last month when it rejected the Judicial Salary Bill which made provisions to improve the independence of the judiciary by ensuring the independence of the judiciary ensuring judges’ security of tenure and doing away with having judges working under contracts.”

I shall start with my own history and move forward in my reply.

A. The Lloyd Rodney affair in which I was Counsel is illustrative of compromise within the justice system in the Turks and Caicos Islands.

B. The renewal of Sir Frederick “sleepy” Smith’s contract after the finding in Mr. Rodney’s favour by then Governor Bradley at a time after Mr. Rodney had won his case in the Court of Appeal and when Sir Frederick had been found to have sat in conflict of interest in the Cable and Wireless public interest case is indicative of executive compromise of the justice system in the Turks and Caicos Islands.

C. Advocating tenure in a small jurisdiction when only two or three Supreme Court Justices exist and two to three Magistrates are present is indicative of flawed reasoning.

The argument against tenure in outline is that the jurisdiction has not shown itself sufficiently mature to be insulated against nepotism, narrow-minded judicial bias and favoritism from the Bench. I was asked earlier this year by Transparency International to express my views on whether or not the judiciary in the TCI was corrupt. I replied that it had been very much so in the past, and I cited the “Rodney Affair” along with what I termed our “2003 George Bush election case”. I stopped short of saying that the present Justices in our Supreme Court and at the magisterial level are corrupt. I do not perceive them to be corrupt.

The answer to the case against tenure might be posed by a set of questions:i) How does one in a small jurisdiction ( i.e., by small I mean a jurisdiction with less than six High Court justices, and a total population of less than one hundred thousand persons) ensure that a life tenured Judge does not become entrenched in factional and/or partisan interests in our small community? N.B. We are currently at roughly half the hundred thousand population level and half the number of justices, to warrant any serious consideration of life tenure. I base my observation on the very nature of life in a small society, where there is a greater risk of intimacy and personal knowledge in a small than in a large society. ii) How does one in any timely way rid the justice system of a corrupt or compromised Judge, when such person is tenured for life in a small community? iii) What great advantage is there in not having a Judge on contract for three to five years renewable, over having a life tenured Judge?

In response to the last question, in practice, the Judge does not readily find himself ruling against the Government, and most justices are very loath ever to find against the executive. The more important point is that a small jurisdiction such as ours is, in practice, very susceptible to manipulation by the executive and influence from the community. I cite

TURKS AND CAICOS SUN

in support Terence Donegan’s cases for his client United Bank International Limited v. Christopher Turner( Governor – sued in his personal capacity) and Edward Brooks ( Financial Secretary) and David Geoffrey Lang (Attorney General) - consolidated case numbers 28 of 1984 and 10 of 1985, as illustrative, as with the “Rodney Affair”, of administrative manipulation and malice orchestrated at the highest level.

Then Chief Justice John Charles Fieldsend, a well respected Jurist and man of the highest integrity ( note: Madzambamuto v. Lardner-Burke – (1978) 3 WLR 1229 which case saw Fieldsend dissenting against the Rhodesian Court of Appeal’s majority decision that Ian Smith’s unilateral declaration of independence was lawful) found in Donegan’s favour. Donegan again won the cases before the Court of Appeal. Donegan’s taxed costs were in the region of $80,000. A Commission of Inquiry headed

by Louis Bloom-Cooper then used one Commission of Inquiry headed by Bloom-Cooper to recommend a second Commission of Inquiry headed by BloomCooper, and not having anything in statute or common law to charge Donegan with, the second Commission headed by the same ‘independent’ Louis Bloom -Cooper made a supposedly ‘independent’ Commission finding which eventually served to oust Donegan from the jurisdiction.

The $80,000 or more taxed costs were never paid to the victorious litigant. The issue here is not what personal feelings one may have had for or against Donegan and his actions, but the issue is manifest administrative manipulation, want of a process that equated to true administrative independence, want of fairness and an ultimate failure in the due process of law in the Turks and Caicos Islands.

The non-payment of the justly won costs itself is an indictment against responsible administrative conduct. Subsequent to Donegan’s case, the 1988 Constitution placed a “Donegan clause” in it, thus making it unconstitutional to sue the Governor by way of an inserted section 5 (5) ouster clause. In fairness, I have not found a similar clause in the 2006 Constitution.

The practical result is that the executive, to the extent that it may surreptitiously influence the judiciary, does so in any event if a Governor so motivated confronts a weak Judge or is facilitated by a compromised administrative order. Some Governors are more blatant than others in this type of conduct, but some actually do leave the Judges alone to do their independent judicial job. There is absolutely no guarantee that such executive interference will not occur with a tenured Judge.

The advantage with having a non-tenured Judge, as was the case with Chief Justice Kipling Douglas, who I sued in his personal capacity, is that when a person must be ousted for misconduct and misbehavior, as Lloyd Rodney and myself contended when we petitioned for the Chief Justice’s removal, is that a bad Judge can be made to leave despite a facilitative Governor’s opposition. Thus the Turks and Caicos Islands are not burdened for life with an incompetent or compromised Judge.

John Charles Fieldsend was a man of honour and an outstanding jurist, internationally respected throughout the Commonwealth for his jurisprudential learning and unquestionable integrity.

I well recall him asking me as a relatively young lawyer if it was not boring for me appearing only before him in the Supreme Court ( i.e., at the time we had only one Supreme Court Judge, who was also the Chief Justice). I graciously replied that it was not a problem for me when appearing before a Judge of his caliber. Despite my compliment, he had sensed that the small TCI jurisdiction did need

NOVEMBER 26TH - DECEMBER 3RD, 2010

judicial change and variation. He left of his own volition and did not seek to renew his contract. This example of a Justice of high caliber finding against the executive at the highest level belies the suggestion that judges not tenured for life cannot be truly independent. But, it takes persons of stature and significant judicial learning coupled with courage and integrity (regardless of tenure or nontenure) – human mettle is not determined by mere contractual or tenured designations.

Again, with full respect for my colleague, Mr. George Missick, I express myself in the strongest terms that I see far more sense in having a contracted Judge do his three or five years service then potentially be renewed if demonstrably a competent, fair, independent and able jurist. The risk of life tenure is that with merely two or three High Court justices, the Turks and Caicos Islands will again run the risk of being lumbered with another Smith or Douglas or other compromised judge. With tenure, heaven help us all, since we may have to live for an eternity with any appointed unworthy Justice.

Mr. Misick goes on to say:“I would go as far as deeming this practice of a “contract judge” unconstitutional and contend that it should be corrected forthwith”.

There is more hubris here than constitutional reasoning. It is the Constitution that designates how a judge is to be appointed, and the following of that constitutional route for appointment, with respect, does not render the appointment unconstitutional.

Under section 82 of the 2006 Constitution the Judicial Services Commission advises the Governor who appoints the Judges. Section 74 confers tenure of office subject in practice to contractual obligations.

Mr. Misick observes that “There is hardly ever a long list of persons applying for the position of a judge due to the amount of work and with personal sacrifice that comes with the appointment.” Again, I differ. Historically, the paltry sum of some $50,000 paid Chief Justice Kipling Douglas most definitely did not attract a person of the necessary caliber worthy for the job. Even the government of the day called for his resignation. There is not a shortage of persons willing to do the job; there is only shortage of talent when the remuneration is not sufficient or adequate to attract judicial talent to the TCI. May I make my points directly to Governor Wetherell and the Secretary of State in London, by reference to the following points:1. The West Indies Act, 1962 expressly provides:“8, The Secretary of State may(a) from time to time make, to the government of any colony to which section five of this Act applies, being a government whose resources are, in his opinion, insufficient to enable it to defray its administrative expenses, grants of such amounts as he may, with the approval of the Treasury, determine;” Clearly, the TCI Treasury is presently depleted, and Her Majesty’s Government under section 9 tells us where the money is to come from:-

“9. The expenses incurred under the last foregoing section by the Secretary of State shall be defrayed out of moneys provided by Parliament, and any increase attributable to an Order in Council under this Act in sums payable under any other enactment out of moneys so provided or out of the Consolidated Fund of the United Kingdom shall be paid out of moneys so provided or out of that Fund, as the case may be.”

Continued on Next Page

Page 13

Reply to “Consultative forum got it right”- Cont’d

NOVEMBER 26TH - DECEMBER 3RD, 2010

Continued from Previous Page

2. However, the legal duties go further. The TCI is subject to the provisions of the European Court of Human Rights. Her Majesty’s Government is a signatory to the European Convention on Human Rights and as such has extended the Convention’s provision to the dependent territory of the Turks and Caicos Islands. In that regard I believe that the Secretary of State has to accept that the law as it is applied under the Convention must be adhered to by the contracting parties. The point is that if Judges of substance are required, and when the legal system enshrines certain fundamental rights, then the quantitative requirements for financing must be made, and hopefully with those financial allocations the qualitative requirement to attract able jurists will be met.

There should be no legislative choices of opportunity costs when it comes to funding the justice system.

There is the case of Zimmerman and Steiner v. Switzerland, 8737/79 [1983] ECHR 9 (13 July 1983) in which the state pleaded constraint of resources, and the court observed:“29. The Court would point out in the first place that the Convention places a duty on the Contracting States to organise their legal systems so as to allow the courts to comply with the

TURKS AND CAICOS SUN

requirements of Article 6 section 1 (art. 6-1) including that of trial within a "reasonable time". Nonetheless, a temporary backlog of business does not involve liability on the part of the Contracting States provided that they take, with the requisite promptness, remedial action to deal with an exceptional situation of this kind (see the above-mentioned Buchholz judgment, Series A no. 42, p. 16, § 51, and the Foti and others judgment of 10 December 1982, Series A no. 56, p.

21, § 61).”

The proviso is that there is no violation if “… with the requisite promptness, remedial action to deal with an exceptional situation of this kind…” is taken. Now, as a lawyer I have had repeatedly to sue the Supreme Court before the state accepted the responsibility to pay debts due me in a timely way. It seems reasonable then to suggest that since the legal system is itself experiencing constraints of finances, this does not exonerate the state’s duty to organise the legal system so as to allow the court to comply with the duty attendant to the Constitution’s provision to pay at the public expense.

No doubt the “reasonable time” consideration runs conjunctively with such a provision, and Her Majesty’s Government ought to take far more seriously the upholding of the law, when the state itself is seeking to

inflict the full force of the law, at the highest levels, against persons accused of serious crimes and corruption.

3. The ECHR case of Artico v.

Italy ( ECHR - no. 6694/74, 13 May 1980 ) acknowledges the right to legal defence at the public expense as a guarantee of rights that are not theoretical or illusory. It therefore seems to me that it does become illusory to expect persons, not just lawyers relative to Article 6 of the European Convention on Human Rights, but others to wait for prolonged periods for their finances, because it is a collective injustice relative to sections 8 and 9 of the West Indies Act, 1962 not to make a constructive proactive financial response to the acknowledged financial shortfalls.

That is the law, not because I say so, but because the Fundamental Rights section of our Constitution so states, as do the legal stipulations imposed on the Secretary of State.

Likewise, when judicial fairness is required as a central legal tenet, then the financial resources in the court system should be made readily available to all hard working Magistrates, Judges, court staff and even lawyers who serve the public interest with legal aided defence work.

It is ridiculous not to have had money for purchasing photocopying paper or copy cartridges for the Supreme Court and Her Majesty’s Government be seen as having discharged its duty for the “economic…advancement…” of the territory.

4. The foregoing three legal provisions arise in the context of a central duty imposed on Her Majesty’s Government relative to Article 73 of the United Nations Charter:“Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of selfgovernment recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end: a. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement,* their just treatment, and their protection against abuses; b. to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement; c. to further international peace and security;

LOCAL NEWS

d. to promote constructive measures of development, to encourage research, and to co-operate with one another and, when and where appropriate, with specialized international bodies with a view to the practical achievement of the social, economic, and scientific purposes set forth in this Article; and e. to transmit regularly to the Secretary-General, for informational purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapters XII and XIII apply.”

• ( my emphasis of “ their political, economic, social, and educational advancement,” since the political responsibility runs conjunctively with the economic duty) Mr. Missick, a truly independent judiciary is not a factor that can be weighed in a vacuum, nor in some non-contextual apolitical manner, bearing no reference to the realities within the society relative to the Constitution’s operation and lawful duties imposed on high authorities. I have cited the instance of a highly independent John Charles Fieldsend, which definitely belies the suggestion that judicial independence cannot be obtained from a “contract judge”. It obviously does not automatically follow that a Judge tenured for life will inevitably be independent or competent. How, pray tell, do we get rid of the bad Judges when they are life tenured in a small jurisdiction?

What incentive does a laggard Judge have to perform to high judicial standards once he is safely tenured and ensconced in a small society such as the TCI? Until the jurisdiction matures, expands and grows, there is no genuine case to be made for judicial tenure for life. The Governor here has an open invitation, as head of government, and also as Her Majesty’s Government’s representative, to address these matters in any suitable public forum for further public edification, since clear legal duties do arise which manifestly have not been addressed by the Governor and the Secretary of State, by reference to the West Indies Act 1962. Unless the Governor dissents in the face of the written law, I so submit. I also respectfully recommend at this stage of our jurisprudential development that we do not have tenured judges.

Courtenay Barnett is a graduate of London University. His areas of study were economics, political science and international law. He has been a practising lawyer in the Turks and Caicos Islands for almost twenty five years. He has been arrested for defending his views, has faced a death threat and a threat of arson on his home. He has argued many public interest and human rights cases.

Page 14

August, September lobster catches up

LOCAL NEWS

TURKS AND CAICOS SUN

FIGURES FROM THE Department Environmental and Coastal Resources (DECR) for August and September have shown that lobster catches in the Turks and Caicos Islands are on the upswing over last year and 2008.

In August of this year, the DECR recorded a total catch for South Caicos and Providenciales at 145,355 lbs.

Over the period, South Caicos recorded 112,433lbs of the marine product, while Providenciales recorded 32,922lbs. At the same period in 2009, the total catch for both islands was 77,760.7lbs, while in 2008 the recorded amount of catch was 116,834 lbs.

At the end of September this year, the DECR recorded a total catch of 59,934.5 lbs for South Caicos and Providenciales combined. For the period, South Caicos recorded 40,324.5lbs, while Providenciales recorded 19,610lbs. In 2009, the total catch for both islands was 39,309.4 lbs, while in 2008, the collective catch was 11,300.2 lbs.

During a news conference at DECR office in Providenciales at the start of the lobster season in August, Director for the DECR, Wesley Clerveaux, told reporters that catches had plummeted by a whopping 57 percent over the past three years and that this year could spell the lowest season on record.

NOVEMBER 26TH - DECEMBER 3RD, 2010

At the end of September this year, the DECR recorded a total catch of 59,934.5 lbs of lobster for South Caicos and Providenciales combined.

Clerveaux said at the time that while the overall 2009 season topped the previous year by a mere four pounds, there has been a steady decline in catches in the first two days of outing over the past three years.

He said over the past few years the rate of fishermen registration has been steadied at between 200 and 300 while the catch has been steadily declining, which would mean that the same number of fisher folk are going after a depleting stock.

TURKS AND CAICOS ISLANDS FINANCIAL SERVICES COMMISSION The Financial Services Commission, a statutory body of the Turks and Caicos Islands Government responsible for the licensing and regulation of financial services businesses, is seeking qualified applicants for the following posts:

1. INSURANCE ANALYST

DUTIES & RESPONSIBILITIES The holder of this position will carry out the following duties: • Assist in developing annual plans for onsite inspections/reviews of insurance entities • Perform off-site reviews of insurance organizations • Monitor and report on trends in the financial performance of insurance entities • Assist in evaluating and processing applications for insurance licenses • Collect, collate and analyze statistical information relating to the insurance industry and licensees • Investigate, as directed, complaints by the public or queries in respect of the policies, practices and procedures of insurance entities • Any other duties as set out in the Job Description of Insurance Analyst or as assigned by the Head of Insurance.

EDUCATION & EXPERIENCE Preferred qualification is a Degree in Accounting, Economics, Business Administration or equivalent professional qualification such as ACII or equivalent.

Four (4) years related working experience in a senior position in the insurance industry or in insurance regulation, or auditing field.

He pointed out that the 2008/2009 season yielded 48,655 pounds of lobster on the first day, while on the second day 23,695 pounds were caught. In the 2009/2010 season, Clerveaux noted that 23,845 pounds of lobsters were caught, while on the second day, the figure was 14,450. He revealed at the time that the 2010/2011 season dwindled further as on the first day, 18,959 pounds were caught and on the second day 9,986.5 pounds were recorded.

The DECR record showed that on the first two days of the 2007/2008 season a total of 67,749 pounds of the marine product were caught. On the first two day of the 2008/2009 the catch spiked to 72,350 pounds. The 2009/2010 season saw the catch dropping significantly to 38,295 pounds, with the 2010/2011 season sank further to 28,946 pounds.

Clerveaux identified a number of factors for the sharp decline; chief among them was the passage of Hurricane Ike, which ravished the Turks and Caicos Islands in September of 2008. According to him, the category five hurricane disturbed the habitat of the marine product, causing depletion among the stock.

In the meantime, fishermen have been complaining that even though there has been a decline in catch, they were having a hard time selling what was caught. According to the fishermen, since the start of the world wide recession, the demand for lobster has experienced a significant decline, noting also that the price for the commodity has taken a nosedive, almost chopped by fifty percent.

The fisher folk also indicated that the damage to the reefs caused from Hurricane Ike has reduced the population of lobsters on the bank, and that they were bracing themselves for fewer catches this season.

This position falls within Grade 6 of the Commission’s pay scale with a range of $35,701 to $$42,651 p.a.

2. SENIOR INSURANCE OFFICER

DUTIES & RESPONSIBILITIES • Assist in development of operational plans, budgets, policies and procedures for the Insurance Department • Develop and, upon approval, implement standards and procedures for the Insurance Administration section • Manage the Department in the absence of the Head of Insurance • Contribute to or collaborate on the evaluation of license applications etc.

• Ensure that applicable fees are paid by licensees • Any other duties as set out in the Job Description of Senior Insurance Officer or as assigned by the Head of Insurance.

EDUCATION & EXPERIENCE Preferred qualification is a first Degree in Accounting, Economics, Business Administration or equivalent professional qualification such as ACII. Six (6) years related working experience, of which at least three (3) must be in a managerial position.

This position falls within Grade 5 of the Commission’s pay scale with a range of $42,683 to $$51,589 p.a.

OTHER INFORMATION APPLICABLE TO BOTH POSTS The duties for the above posts may be carried out at either of the Commission’s offices in Grand Turk or Providenciales.

Actual salaries payable will be determined by reference to the degree of qualification, experience, knowledge base and other criteria that the Commission may assess.

Applications should be received no later than December 15, 2010 and may be emailed to dmorrison@tcifsc.tc or dstrose@tcifsc.tc or faxed to 649-946-2369/649-941-8379

NOVEMBER 16, 2010

Page 15

Bar Council “strongly and entirely opposed� to Trial Without a Jury Bill

NOVEMBER 26TH - DECEMBER 3RD, 2010

By Sarah Knight President of Turks & Caicos Bar Council

THE BAR COUNCIL has been provided with a copy of the above Bill and has a number of comments on its content. We do not know if the Bill has been amended since the last time it was before you or from the draft we saw.

Our comments are set out below.

The Bill proposing to allow criminal trials to be conducted without a jury is a disappointing move away from the observation of the fundamental human rights of the people of the Turks & Caicos Islands (TCI) to be tried by their own peers.

The right to be judged by one's own peers is recognized in many countries as part of the international human rights to a fair trial. That right is in addition to the constitutional right to trial by jury which has now been taken away without any consultation. Whilst it may be true that some jurisdictions do not have the right to a jury in criminal trials, it is alsocorrect that many of those jurisdictions do not have a heritage of trial by jury, as exists here.

Jury trial as a constitutional right has been enjoyed in the TCI since1976 and before that under the Criminal Procedure Ordinances since atleast 1903. The people of the Turks and Caicos Islands have retained it over that period of time and there is no desire or call at this time from theelectorate for that to be changed.

The present proposal to legislate for trial without a jury is not based on any wide consultation or on a need for it, it arises solely from the recommendation of Sir, Robin Auld following the Commission of Inquiry. Nothing arose from the Commission of Inquiry that would mandate a move away from the current system of trial by jury.

There was no evidence produced at the Commission of Inquiry of the existence of jury tampering. There was no evidence at the Commission of Inquiry that the present system was flawed or needed to be removed. There has been no analysis done, no wide consultation and no investigation to mandate the drastic action of removing the privilege of trial by jury.

4) We are strongly and entirely opposed to this Bill. Trial by Jury is a keystone of our democracy and an essential safeguard against injustice. Its characteristics are so vital that it has survived the test of time in the TCI. To quote from Blackstone's Commentaries, 111 379 "Trial by Jury ever has been, and I t m t will ever be, looked upon as the glory of the English law...It is the most transcendent privilege which any subject can enjoy, or wish for, that he cannot be affected either in his property, his liberty, or his person, but by the unanimous consent of twelve of his neighbours and equals." OR to quote from Lord Devlin "Trial by Jury is more that an Instrument of Justice and more than one wheel of the Constitution: It is the lamp that shows that freedom lives. " 5) In looking at the Bill itself, section 4

TURKS AND CAICOS SUN

of the Bill takes away the right of jury trial from the Defendant and leaves it to the sole discretion of a Judge. The expression "the interest of justice" is too vague a concept to determine whether a person's right to jury trial should be taken away. It is one thing to remove the constitutional right to trial by jury, it is another to water down the principle of trial by one's peers by the application of such a nebulous standard.

6) If the right to jury trial is to be taken away it should only be taken away in specific cases such as in the UK where there is provision for trial without a jury if there is a real and present danger of jury tampering which danger cannot be removed by taking appropriate action. It is only in those specifically stated cases &where the interests of justice so require that the right to jury trial may be taken away.

7) It cannot be right that the Judge should initiate the process leading up to an order for a trial without jury of his own volition. He should only be able to make such an order on the application of either the prosecution or the defendant. To put the Judge in the position of having to decide of his own volition means that the Judge will have to read the prosecution's case and decide on the complexity or otherwise in advance and in doing so the Judge is likely to form an opinion on the strength of the prosecution's case in advance of its presentation and it may be difficult to dissuade him from that position at a later stage in the proceedings. In such a situation it would also be difficult for a Defendant to believe he is getting a fair trial when the Judge has already made a decision adverse to him however, tentative that decision is.

8) The circumstances listed in clause 4(3) are vague, non-specific and in need of clarification. For example in clause 4(3)(a)"the nature of the charges", what exactly does this mean?

What are the criteria to decide "the nature of the charges"?

9) Section 4(3)(b)dealing with the "complexity of issues" is not a pertinent reason to abandon trial by jury. Juries consist of a mix of unsophisticated and sophisticated individuals. It is that very mix that makes it invaluable. If a trial is complex it does not mean that it is beyond the comprehension of a jury. To assume otherwise is bigotry, it assumes that the people of these Islands cannot handle or dissect complex matters at a trial. In any event a prosecution should on principle be intelligible to the general public, for it to be otherwise increases the risk that the Defendant is unable to effectively participate in his own trial. That result would be contrary to Article 6 of the European Convention on Human Rights.

10) Section 4(3)(c) the "length of the trial" should not be a factor in the consideration of whether a jury trial is appropriate, there is no evidence to suggest that significant time would be saved by not having the jury, the evidence and legal arguments will still

need to be presented.

11) Section 4(3)(d) "pre-trial publicity" the usual solution to this problem is remedied by limiting publication.

Reliance on pre-trial publicity will allow the Government as it has done recently, to dish out maximum prejudicial information against a defendant and then claim because of the publicity a fair trial is not possible.

This is abusive and allows the Government to have it both ways.

12) Section 4(3)(e) deals with 'jury tamperingv and as drafted the test is set too low. All that is required is for someone to make the allegation of a possibility of jury tampering, however spurious, to trigger an application for trial without a jury. This is grossly unfair to a defendant. We note that the UK Criminal Justice Act 2003 section44 provides for jury tampering as a reason for a trial without jury.

However the relevant provision in the UK requires "evidence of a real and present danger that jury tampering would take place". In addition the UK legislation further mandates that one needs to show that despite steps having been taken to prevent jury tampering "the likelihood that it would take place is so substantial as to make it necessary in the interest of justice for the trial to be conducted without a jury". In recent UK case law (R v 1 [2010] EWCA 1755) the Lord Chief Justice of the Court of Appeal confirmed that "notwithstanding the statutory arrangements introduced in the 2003 Act which pennit the court to order a trial of a serious criminal offence without a jury, this remains and must remain the decision of last resort, only to be ordered when the court is sure (not that it entertains doubts, suspicions or reservations) that the statutory conditions are fulfilled." There is absolutely no basis or justification for setting the bar lower in the TCI than it is in the UK and the current attempt to do so is outrageous and shocking.

There is no good reasons why the defendants in the U.K. should be afforded greater protection than those in the TCI. It cannot be right that the rights of one set of Her Majesty's subjects deserve greater protection than others of Her Majesty's subject.

13) Section 5 of the Bill further adds to the uncertainty of the Bill. As currently drafted a Defendant must wait for up to 28 days after committal to know what mode of trial he is to face. This cannot be right. In addition, why is an applicant under section 5 given 28 days to make his application for trial without a jury and a person opposing such an application is given only 7 days? The times should be the same for the applicant and for the opposing party.

14) The Appeal provisions under Section 7 are too limited. There should be a general right of appeal. A court hearing an appeal from a decision to deprive a defendant of such an important right should be able to carry out a proper review of all the circumstances and should not be limited only to points of law. However

LOCAL NEWS

if the appeal is limited to points of law only, there should be no reason why a determination by the Court of Appeal should be final, there should be a right to appeal to the Privy Council on a point of law. Surely it is in the public interest that the law on such an important and fundamental issue should be decided on by the highest court of the land.

What is the rational for depriving defendants in the TCI of access to the highest court?

15) Given the current biannual sitting of our Court of Appeal, the 60 day hearing called for in the Bill, after the filing of an appeal will either be frequently breached, or will be costly and impractical for the Justices who are all based outside the jurisdiction. In addition this Bill seems to seek to blur the separation of powers by allowing the executive to dictate the judicial mechanics.

16) Section 9 provides that the Bill will not apply to any proceedings which were commenced before the commencement of this Ordinance, commencement is considered to be where charges have been instituted.

This is clearly intended to be in recognition of the well established principle that legislation should not have retroactive effect or be ex post facto. It is trite law that one cannot create new crimes nor increase sentences and then charge people retroactively. However that principle also applies to changes to rules of evidence or other rights that are designed to make a conviction for a crime more likely than it would have been under the rules at the time of the activity that is subject to investigation.

The same argument can be made for the method of trial, (that is particularly the case given the motivation for the introduction of this legislation ).

17) In summary the introduction of this Bill is opposed on the basis that it erodes our constitutional right and offends Article 6 of the European Convention on Human Rights. There has not been wide consultation of the issue and the people have not called for any change to the current status. There needs to be open and informed public debate on such an important subject matter.

18) If the legislation is introduced there is no justifications for enlarging basis of its application here in the TCI when it is so narrow in the UK. At present &thoe time that trial without a jury is permitted in serious cases in the UK is as set out above, where there is clear and present danger of jury tampering which would happen even if appropriate measures were taken. Even then it is frowned on by the Courts and clearly viewed as a last resort measure only to be used in the most extreme cases. That is clearly not the intention from the drafting of the TCI Bill.

We would be obliged if this letter could be provided to the members of the Forum when the Bill is being considered.

President President of Turks & Caicos Bar Council

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LOCAL NEWS

Olint Boss returns to federal court January

TURKS AND CAICOS SUN

NOVEMBER 26TH - DECEMBER 3RD, 2010

IMPRISONED OLINT PRINCIPAL David Smith is tentatively set to return to United States federal court on January 3, after pleading not guilty to a slate of financial raps, including wire fraud and money laundering, when he appeared for his arraignment on Saturday (November 20).

Smith's appearance in the US District Court in the Middle District of Florida, Orlando Division, came a day after he was handed over to US Marshals and flown to Florida, a mere two months after pleading guilty in the Turks and Caicos Islands to two counts of money laundering and two counts of conspiracy to defraud, and was sentenced to sixand-a-half years at Her Majesty’s Prison in Grand Turk.

His attorney Oliver Smith said his client made the plea, in part, to protect his wife Tracy with whom he was slapped with a slew of charges.

If convicted in the US, David Smith faces up to 20 years in federal prison on each of the 23 charges against him. The Olint boss’s attorney, lawyer told journalists that he was awaiting the disclosure of evidence from federal prosecutors so they could determine whether or not to fight the charges.

Prosecutors in the US say more than 6,000 people from Orange County, the Turks and Caicos Islands, Jamaica and elsewhere invested in Smith's companies, including Olint Corp, with the promise of the 10 per cent monthly return.

The documents which were filed in the US court, alleged that Smith failed to invest the money as promised and paid returns to some investors from their own funds, or money paid by later investors.

The court documents also

Olint principal David Smith

alleged that Smith transferred millions of dollars to his personal bank accounts, which he allegedly used to finance a lavish lifestyle.

The SUN understands that prosecutors are now in the process of identifying and seizing US$128 million, a Windermere, Florida home owned by Smith's sister, jewellery, gemstones and precious metals and any other items that can be linked to the scheme.

Even though a tentative trial date has been set for early January next year, this newspaper understands that case management conferences are expected to be held before the trial date, at which time evidence against will be released.

The former Olint boss, whose assets were frozen in the TCI, including the collapse TCI Bank, is facing several multimillion-dollar lawsuits in Jamaica and the TCI from disgruntled investors who were attracted to Olint's promise of 10-per-cent interest per month on their investments.

Consultative Forum’s hearing on TCI Bank called off

NOVEMBER 26TH - DECEMBER 3RD, 2010

THE CONSULTATIVE FORUM’S hearing into the collapsed TCI Bank was postponed from November 23 until November 30, but now it has been canceled.

The Forum had invited Mr Joseph Connolly – Auditor of the TCIB and NIB, Mr Ervine Quelch – Chairman, NIB, Mr Kenneth Higgins – Managing Director FSC, Mr Norman Hamilton – Chairman TCIB and Mr Anthony Kikivarakis – Liquidator Deloitte and Touche to attend the meeting in Grand Turk.

However, The SUN was reliably informed that it was highly unlikely that any of those officials would have attended, since some of them had reservations and had taken issue with the manner in which they were asked to attend, among other things.

In a press release, chairman of the Consultative Forum, Lillian Misick said: “The simple reason for this cancellation is that, after initially indicating a willingness to appear, key witnesses have decided now that they will not. Others have not even bothered to dignify the Forum’s invitation with a reply. In any case, it is notable that we have come to this despite the Governor’s public entreaty for them to appear.”

TURKS AND CAICOS SUN

She added: “I am on record stating that the people of the TCI have a right to have these witnesses address, in a forthright and transparent manner, the facts and circumstances surrounding this national tragedy. Furthermore, that the Forum is uniquely positioned to honor this right, and that we intended to do so zealously. But I am also on record stating that the members of the Forum have no executive authority; and that, unfortunately, the power to recommend, which Forum members enjoy, is not the power to compel, which only the Governor enjoys.”

Misick said this episode sets a “very dysfunctional and dispiriting precedent for our interim administration. Not least because there are so many other matters, including the management of the NHIP, that require the zealous public inquiry the Forum could provide”.

She continued: “It is therefore important that we institutionalize all of the policies and procedures to ensure that good governance is effectuated not just through the good offices of the Governor, but more directly through the vigilant oversight of the people’s

representatives in the Consultative Forum. I hope the Governor will now see the wisdom of empowering this body accordingly.”

An earlier press release from the Forum said the request to have the five appear at the Grand Turk sitting, had the “backing of the Governor and Attorney General”.

“We also asked them to ensure that the Consultative Forum receives their updated Curriculum Vitae by the end of business on 12 November 2010,” the release stated.

The statement said: “The sudden closing of the TCI Bank on April 9 caused considerable anxiety amongst TCIslanders - not only about the reasons why but also, more importantly, about the fate of our hard-earned savings. The Supreme Court’s ruling on October 29 to put the Bank into liquidation then turned our anxieties into outright fears.

Regrettably, the Consultative Forum had no power to affect the closing of the bank or subsequent negotiations to rescue it. It does have the power however to demand an accounting on every aspect of this national tragedy - from the principals involved.”

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LOCAL NEWS

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Digicel Group wins at the World Communications Awards 2010

LOCAL NEWS

TURKS AND CAICOS SUN

TELECOMS PROVIDER D IGICEL was last night unveiled as the winner of the “Best Operator in a Developing Market” award at the World Communications Awards 2010.

Announced at a glittering awards ceremony at London’s Park Lane Hilton in the UK, Digicel beat strong competition from the likes of Etisalat Misr, Ezecom, Gateway Communications, Orange and Viettel Cambodia to take home the top prize.

Winners of other categories on the night included Bharti Airtel, BT Global Services and Verizon and the event was attended by over 600 of the industry’s top executives from across the globe.

The World Communications Awards are the foremost global telecoms awards and “recognise the companies and individuals responsible for the innovations, achievements and great new services that are helping to build tomorrow’s industry”.

They are open to all communications providers across the globe from traditional carriers and service providers to multimedia content providers.

The focus of Digicel’s award entry for the category was its work in Haiti both before the January 12th earthquake - in bringing mobile services to those that never before could have dreamed of having them – and since, as it has strived to help the people of Haiti recover and rebuild in the wake of the devastation and to ensure that they stay connected to family and friends.

As the single largest private investor in Haiti – with an investment of over US$370 million to date - Digicel is also the largest mobile provider there serving over 2.4 million customers.

Digicel’s 2005 launch in Haiti saw mobile prices coming down significantly and mobile penetration going from a very low 5% to over 35%

NOVEMBER 26TH - DECEMBER 3RD, 2010

today – largely thanks to Digicel. In fact, according to the French development agency, Proparco, Digicel Haiti has directly and indirectly contributed to a remarkable 20% of the country’s GDP growth between 2005 and 2007 (14% directly, 3% through suppliers and another 3% through retailers).

Since the January earthquake in Haiti, Digicel has committed over US$20 million to the relief and recovery efforts in Haiti – a contribution which was recognised when the Mayor of Portau-Prince named Digicel Chairman, Denis O’Brien, a goodwill ambassador to the city.

In commenting on winning the World Communications Award, Digicel Group CEO, Colm Delves, said; “Our win in this category is testament to the important work we have done, and continue to do, in Haiti - and indeed across all of our 32 markets across the Caribbean, Central America and the Pacific.

“To be recognised on the global stage at being the best at what we do is no small achievement. I would like to take this opportunity to thank our customers for their ongoing support and all of our wonderful staff for their hard work and commitment to making Digicel Bigger and Better each day.”

Sandals Foundation raises $14,000 for local orphanage

BEACHES RESORTS VILLAGES AND SPA, and its charitable arm, the Sandals Foundation, along with the Provo Children’s Home (PCH) Fundraising Committee hosted a mega 70’s/80’s Extravaganza at Beaches Treasure Beach last weekend, raising an astonishing $14’ 000 for the local orphanage.

The Sandals Foundation sponsored event transformed Beaches Resort’s Treasure Beach into a groovy disco house and saw highly enthusiastic PCH supporters come out to join in the fun and raise funds for the Home.

Tanis Wake-Forbes, Chairman of the PCH Build Group and lead PCH fundraiser, commented on the successful function, she said “We are very appreciative of the Sandals Foundation adopting PCH as one of its main charities and together we created an amazing event that was enjoyed by all. We tried to ensure the evening was filled with laughter and great entertainment and Beaches did not disappoint with wonderful food and refreshments. The evening was such a success that we have received many calls for this to be an annual event.”

Attendees were invited to participate in the fun filled extravaganza by the PCH Fund Raising Committee who sold tickets for the evening at a $75 per person.

The event featured vintage 70’s & 80’s music while the entertainment of the

evening highlighted a lip synching contest including dance routines by those brave enough to get up on stage and be graded by a panel of judges.

Three top winners were selected and all were delighted to take home their glitter ball trophies.

The Provo Children’s Home was formally established in March 2006 at Nissi House as a long-term orphanage for children in need of a safe environment.

After Hurricanes Hannah & Ike severely damaged Nisi House, plans were put in place by the volunteer PCH Build Group to raise funds and construct a 20 bed purpose built facility in Chalk Sound for orphans and children-at-risk. The facility opened its doors in January 2010 and many children have passed through its doors receiving the care and support they need.

PR Manager for Beaches Resorts and internal organizer of the Sandals Foundation sponsored event , Elanor Finfin expressed her contentment for the success of the 70’s/80’s Extravaganza, she said, “We are pleased to announce that our philanthropic arm, the Sandals Foundation has helped raise $14’000 for the children’s home” she continued, “The Sandals Foundation works tirelessly with individuals and organizations such as the Provo Children’s Home to uplift, engage and empower through education and financial assistance, I’m glad we are

able to sponsor this fundraisers and raise a remarkable amount to make a difference in the lives of the children in need in the Turks & Caicos.”

The Sandals Foundation has taken on several community projects throughout the Caribbean to further present opportunities and tackle issues

affecting the communities in which its resorts operate. Across the Caribbean the foundation has organized free health clinics, adopted senior citizens, and encouraged youth through sports all while tackling issues such as inner city violence, educational underachievement and poverty.

AIR-CONDITIONING TECHNICIAN

JOB SUMMARY: To perform a wide variety of skilled tasks involved in the maintenance and repair of ventilation, heating and air conditioning units related to care maintenance at West Bay Club.

• Inspects air-conditioning units to ensure efficient operation • Performs regularly scheduled maintenance on heating and cooling units • Maintains chilled and hot water supply system • Inspects and observes pressure of liquids and vapour with instrumentation to ensure efficient operation of units and make necessary adjustments, inspects and services refrigeration equipment including refrigerators, ice machines, gas packs and heat pumps.

• Adjust and maintains internal electrical and electronic control systems; cleans coils and blowers and checks motors and belt tensions.

• Assist in planning and designing of new installations of heating and air-conditioning systems.

• Maintains maintenance records as required.

• Performs related duties and responsibilities as required.

QUALIFICATIONS, KNOWLEDGE AND SKILLS: • A college degree or equivalent • At least five (5) years experience in Daikin VRV-II Systems • Knowledge of computerized electrical circuits and systems as they relate to airconditioning, heating, ventilation and refrigerated cooling.

• Appropriate training in the skills needed in heating and air-conditioning systems repair and installation.

• Excellent oral and written communication skills required.

REQUIREMENTS: • Attentive to details • Able to understand and speak English fluently • Able to work under pressure with little or no supervision • Physically fit, dependable and hard working • In possession of a clean police record • The ability to establish and maintain effective working relationships, as well as project a positive, professional image to superiors, subordinates, co-workers, members and guest.

Salary: $30,000 to $35,000 per annum.

ONLY BELONGERS NEED APPLY Closing date for Applications is Friday, December 03, 2010 Kindly submit all Applications at West Bay Club Front Desk Office or thru fax at 9418695.

Ona Glinton fire victims get counselling

NOVEMBER 26TH - DECEMBER 3RD, 2010

TEACHERS AND STUDENTS of the Ona Glinton Primary School in Grand Turk have undergone a series of counsellin aimed at allowing them to come to grips with the destruction of their school and the losing of items and materials dear to them.

The academic equilibrium of the school system was thrown into disarray when fire of unknown origin razed the building on Sunday, November 21, displacing 312 children.

Up until press time, the Ministries of Education, Finance and works in concert with other stakeholders – from which a working committee was formed - were busy trying to fashion a speedy solution to the uncertain educational situation in which the students and teachers were placed.

The Department of Education organized a one week counselling session for the staff and students with hope of helping to reduce any mental and or emotional stress that they might develop; facilitating a return to normality; assisting with a smooth transition to a different teaching/learning environment; and also to identify any staff or student who may need additional support.

The sessions, which started on Monday, November 22, according to the Department of Education, was held with the administrative, teaching and ancillary staff, many of whom were reported to have lost priceless items

LOCAL NEWS

TURKS AND CAICOS SUN

Fire of unknown origin razed the building on Sunday, November 21, displacing 312 children.

and were still in shock. During the sessions, they were encouraged to express their feelings, concerns, anxieties and hopes using different their own means of communication.

Counselling sessions were held on Tuesday, November 23, counselling for Grades 4 and 6 students, who were encouraged to express themselves through activities such as art and craft, games, drama, storytelling and participating in group sessions with the Guidance Counselors.

The sessions, the Education Department said, were facilitated by UNICEF trained personnel of the ‘Return to Happiness Programme’, the

CHIEF ENGINEER

Requirements: • Previous experience as Chief Engineer/Director of Engineering with experience at an isolated location • Thorough understanding of plumbing, electrical, HVAC and deep refrigeration with ability to quickly evaluate problems and decide on a plan of action • Experienced with waste water treatment plant • Understanding of all concepts behind landscape and grounds maintenance • Computer skills including Excel, Word and Outlook – Knowledge of Espresso and Opera are also a definite plus Duties Include: • Maintaining and refining preventive maintenance program • Assist General Manager with annual budget development Salary $55,000/Commensurate with qualification and experience.

REVENUE & RESERVATIONS MANAGER

Requirements: • Solid understanding of the reservation process including the role of WRS, distribution channels and reservations flow • Ability to prepare revenue forecasts for department based on business booked to date, current and historical booking pace and impact of special promotions • Ability to act as project leader for hotel utilization of the HARMONY Product Suite

Red Cross Psychosocial Support Programme group and guidance counsellors.

Counselling sessions were held for students of Grades 1-3 on Wednesday, November 24, and on Thursday, November 25, for K1, K2 and Grade 5.

The SUN was told that sometime after midday on Sunday, clouds seen coming from the school building raised the curiosity of the residents on that island, and when they went to investigate discovered that the structure was engulfed in flames.

The fire department was called in, while residents tried on their own, to

• Ability to develop of business strategies for reservations which are aligned with the overall objectives of the hotel Duties Include: • Maximize room revenue by utilizing yield management techniques and managing the operation of the Reservations Department • Prepares accurate twelve day, three and six month forecasts, monitors revenue and yield management and takes corrective steps to improve results.

• Develop and implement strategies and practices which support employee engagement • Work with Systems to manage and monitor inventories, rates and reservations Starting salary $45,000.00 per annum commensurate with qualification and experience.

POOL & BEACH SUPERVISOR

Requirements: • Must be an excellent swimmer with rescue capability and first aid training • Must be able to operate and teach others to operate catamarans, kayaks other watercrafts • Must be able to be on your feet for long periods of time and able to lift at least 50 lbs Duties Include: • Supervising and overseeing the pool and beach staff and providing training • Ensuring pool and beach areas are clean and well maintained at all times with sufficient clean towels available Starting Salary $9.00 per hour- not including service charge commensurate with qualification and experience

POOL & BEACH ATTENDANT

Requirements: • Must be an excellent swimmer with rescue capability and first aid training • Must be able to operate catamarans, kayaks other watercrafts • Must be able to be on your feet for long periods of time and able to lift at least 50 lbs

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put out the blaze. When fire units arrived there was little they could do to save the school, as the majority of it was already gutted by the blaze.

It was discovered, after the flames had died down and the damaged was assessed, that the fire razed nine classrooms, the computer lab, the guidance counsellor/music/ and physical education office along with the canteen and tuck shop. School was forced to cancel for the week beginning November 22, as a result of the fire.

Permanent Secretary in the Ministry of Education, Youth, Sports and Culture, Mrs. Beatrice Fulford, told The SUN that the committee that was formed involving individuals from the three ministries have been hammering out solutions and have identified temporary housing solution for the school, until a permanent one can be worked out.

She said beginning Monday, October 29, the students would be accommodated in the identified facility.

She said that members of the Grand Turk Police Department have been working with the Fire Department to ascertain the source of the fire.

“What I know is that the police currently doing their investigations, but we have no idea (what caused the blaze),” Fulford said.

Duties Include: • Ensuring pool and beach areas are clean and well maintained at all times with sufficient clean towels available Starting Salary $5.50 per hour-

KID’S CLUB SUPERVISOR

Requirements: • 3-5 years experience with children with capability to distinguish age-appropriate activities and behavior • Certified in CPR, water safety and First Aid • Knowledge of kids programs, logistics and related skills as well as competitor’s products and services Duties Include: • Supervise wide variety of activities for all ages • Order and maintain supplies and equipment as well as operating equipment (karaoke, VCR, video etc.)

• Identify training needs to develop staff and build guest/staff relations.

Starting Salary $18,000 per annum not including service charge– Commensurate with Experience, Training & Education.

ROOM ATTENDANT/PUBLIC AREA ATTENDANT

Requirements: • Ability to work with heavy cleaning machinery.

Duties Include: • Ensure that standards of cleanliness and organization are met at all times in assigned areas.

• Responsibility for care and maintenance of all equipment and machinery.

Starting salary $5.00 an hour plus service charge.

Interested applicants should apply to the Regent Palms Monday through Friday and bring along an updated resume

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NOVEMBER 26TH - DECEMBER 3RD, 2010 TURKS & CAICOS SUN

NOVEMBER 26TH - DECEMBER 3RD, 2010

University of Technology, Jamaica ‘Excellence Through Knowledge’

WE OFFER DEGREE PROGRAMMES IN A WIDE RANGE OF DISCIPLINES INCLUDING: Graduate

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B.Sc in Accounting* B.Eng in Agricultural Engineering B.A in Apparel Design, Production & Management* B.Sc in Applied Science B.Sc in Applied Statistics B.A in Architectural Studies Bachelor in Business Administration (with seven majors) B.Ed in Business & Computer Studies B.Eng in Chemical Engineering B.Sc in Child and Adolescent Development B.Eng in Civil Engineering B.A in Communication Arts & Technology* B.Sc in Computing (with two majors) B.Eng in Construction Engineering B.Sc in Construction Management B.Sc in Dental Assisting* B.Sc in Dental Hygiene* B.Sc in Dental Laboratory Technology* B.Sc in Dental Nursing/Therapy* B.Sc in Dietetics/Nutrition B.Sc in Economics* B.Sc in Entrepreneurship* B.Eng in Electrical Engineering B.Sc in Environmental Health B. Ed in Family & Consumer Studies B.Sc in Food Service Management B.Ed in Food Service Production & Management

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TURKS & CAICOS SUN

TURKS & CAICOS SUN

NOVEMBER 26TH - DECEMBER 3RD, 2010

NOVEMBER 26TH - DECEMBER 3RD, 2010

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TURKS AND CAICOS SUN

NNOVEMBER 26TH - DECEMBER 3RD, 2010

NOVEMBER 26TH - DECEMBER 3RD, 2010

Tthe Ona Glinton Primary school, Grand Turk was severely damaged by fire on Sunday, November 21 2010. The fire destroyed nine classrooms, the computer lab, the guidance counselor/music/physical education office and the canteen/tuck shop.

The destruction has displaced the entire school population. This has disrupted the continuation of school in the short term.

In a commendable showing of community spirit, care and cooperation residents from Grand Turk came out in large numbers to assist in managing the fire.

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The Three Worst Christmas Gifts 2010 For the upcoming holiday season, finding the perfect Christmas gifts is at the foremost in a lot of people’s minds. Finding a Christmas gift that will not only make the recipient happy but make us happy as well is important.

On the quest to finding the best Christmas gifts 2010 that are unique as well as thoughtful, here are the three worst Christmas gifts 2010 to avoid while holiday gift shopping.

Although most of us give gifts to others with the best intentions as a way to express our love and appreciation for another person, the gesture may not be interpreted as such by the recipient. To avoid gifts that may be viewed by another as nightmarish, follow these guidelines to avoid bad Christmas gifts 2010.

1. By far the worst holiday gifts idea is a Christmas present that is designed to hint at something that you think the recipient should improve upon or change in their life. The main culprits in this area are weight loss gifts. Although you may feel that the holiday gift of some weight loss program shows how much you care about the other person and that you want them to feel better about themselves and improve their health, it will not be perceived as such by the recipient.

A gift such as this simply means that you think the other person is not good enough and that there is something wrong with them. If an area of someone's life needs improvement, they need to come to this realization themselves without any "help" from you.

All they ask for is love and understanding. By giving such a gift, you will only increase conflict, anger, depression and low self esteem issues. Giving such a Christmas gift only makes the problem worse.

2. The second of the worst Christmas gifts ideas is a gift that you did not put any thought into. Giving no gift at all is sometimes better than a thoughtless holiday gift. Thoughtless gifts include giving a box of chocolates to a diabetic (unless they are specifically for diabetics), someone without body piercing receiving body jewelry as holiday gifts, etc.

3. Another of the worst Christmas gifts 2010 is a gift that the recipient has no chance of returning or exchanging. Although we may think that the gift given is perfect and will be appreciated, we always have to leave room for the other recipient's thought about the gift and allow the recipient to decide whether they like the gift or not and give them the opportunity to return the gift and get something that they prefer.

With this in

mind, do not get a gift from a store that does not have a location where the recipient lives unless you are 100% certain that they want and will enjoy the gift.

NOVEMBER 26TH - DECEMBER 3RD, 2010

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NOVEMBER 26TH - DECEMBER 3RD, 2010

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LIFESTYLE

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Raise Your lnak ss G Pi

Right right, turn off the lights, We're gonna lose our minds tonight, What's the deal-io?

I love when it's all too much, 5am turn the radio up Where's the rock and roll?

Party Crasher, Penny Snatcher, Call me up if you want gangsta Don't be fancy, just get dancey Why so serious?

So raise your glass if you are wrong, In all the right ways, All my underdogs, We will never be never be anything but loud And nitty gritty dirty little freaks Won't you come on and come on and raise your glass, Just come on and come on and raise your glass

Slam slam, oh hot damn What part of party don't you understand, Wish you'd just freak out (freak out already) Can't stop, coming in hot, I should be locked up right on the spot It's so on right now (so on right now) Party Crasher, Penny Snatcher, Call me up if you want gangsta Don't be fancy, just get dancey Why so serious?

NOVEMBER 26TH - DECEMBER 3RD, 2010

So raise your glass if you are wrong, In all the right ways, All my underdogs, We will never be never be anything but loud And nitty gritty dirty little freaks Won't you come on and come on and raise your glass, Just come on and come on and raise your glass Won't you come on and come on and raise your glass, Just come on and come on and raise your glass (oh my glass is empty, that sucks) So if you're too school for cool, And you're treated like a fool, You can choose to let it go We can always, we can always, Party on our own

(so raise your) So raise your glass if you are wrong, In all the right ways, All my underdogs, We will never be never be anything but loud And nitty gritty, dirty little freaks So raise your glass if you are wrong, In all the right ways, All my underdogs, We will never be never be anything but loud And nitty gritty, dirty little freaks Won't you come on and come on and raise your glass, Just come on and come on and raise your glass Won't you come on and come on and raise your glass,(for me) Just come on and come on and raise your glass (for me)

Susan Boyle tops Rihanna on album chart

NOVEMBER 26TH - DECEMBER 3RD, 2010

LOS ANGELES - Scottish singer Susan Boyle's second album "The Gift" held on to the top spot on the Billboard 200 album charts for a second week, beating new releases by R&B artist Rihanna, and Kid Rock.

Boyle, who became an Internet sensation after appearing on "Britain's Got Talent" in 2009, also scored a rare second-week sales increase, up 5 percent with 335,000 sales of her Christmas-themed album, according to Nielsen SoundScan.

Boyle was joined by a kindred TV spirit as 10-year-old "America's Got Talent" runner-up Jackie Evancho saw her "O Holy Night" bow with 239,000 at No. 2. The four song EP -- bolstered with a DVD of performances -- carries an economical list price of $8.

Rihanna captured her fifth top 10 set with "Loud" coming in at No. 3 with 207,000 -- her best sales week yet -- while her single "Only Girl" rebounded to No. 1 on the Hot 100 chart.

Boyle and Evancho's albums are two of three holiday efforts in the top 10, making the biggest Christmas tally since January 1993. The cast of TV

KANYE WEST SLAMS TAYLOR SWIFT AGAIN

'Taylor never came to my defense at any interview,' says rapper who ambushed country singer Kanye West is still angry at Taylor Swift.

At a surprise performance of his acclaimed new album at NYC's Bowery Ballroom around 1 a.m.

Wednesday, West, 33, launched another attack against the country star, 20, whom he famously ambushed at the 2009 Video Music Awards.

During his rant, West seemed to suggest that the Speak Now singer used the VMA brouhaha to bolster her fame.

"Taylor never came to my defense at any interview," West ranted. "And rode the waves and rode it and rode it," he sniped of Swift.

Swift wasn't West's only target.

The "Power" rapper also dug into Matt Lauer, with whom he recently tussled on the Today Show.

West charged that Lauer "exploited" him as they chatted about former President George W. Bush, who lamented that West called him a "racist" for his handling of Katrina.

Bush had said that West's comment was a "lowest moment" in his Presidency; West also objected to the Today Show playing a video clip of the VMA moment during their Today Show interview.

"Because [of] the popularity of me, they exploited that...That's not what he f*cking said!" West railed.

"That's not what he said! He said it was one of his lowest moments. But it shows you---the way they try to villainize, the way they tried to do that."

ENTERTAINMENT

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Susan Boyle

musical comedy "Glee" with their "Christmas Album" came in at No. 8 with 161,000.

The top nine albums all sold more than 100,000 each.

Josh Groban's "Illuminations" lit up at No. 4 with 191,000 sales. Kid Rock's "Born Free" bowed at No. 5 with 189,000, with digital downloads accounting for 23,000 of his total. It is the sixth top 10 for both singers.

Rascal Flatts' "Nothing Like This"

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Rihanna

entered at No. 6 with 165,000, marking the country band's seventh top 10 album. Meanwhile, Keith Urban saw his latest release, "Get Closer," start at No. 7 with 162,000.

The eighth and final top 10 debut of the week belonged to Nelly, who took 10th place with his "5.0" shifting 63,000.

Aside from Boyle, the only holdover in the top 10 was Taylor Swift's "Speak Now," which dropped

seven slots to No. 9 in its fourth week.

On the digital songs chart, the "Glee" cast's take on Cee Lo Green's "Forget You," featuring actress Gwyneth Paltrow, arrived at No. 1 with 192,000. It was Paltrow's second No. 1 on a Billboard music chart following "Cruisin'," a duet with Huey Lewis, which topped the adult contemporary radio chart in 2000.

Green's original version of "Forget You" (aka "F*** You") rallied up 10 slots to a new peak of No. 2 with a one-week high of 191,000 downloads (up 94 percent).

The "Glee" mash-up of "Singing in the Rain/Umbrella" also made the Top 10, taking 7th place with 140,000 downloads.

Overall album sales in the chart week ending November 21 totaled 8.12 million units, up 2 percent compared to the comparable sales week of 2009.

Year to date album sales stand at 261.78 million, down 13% compared to the same total at this point last year.

Digital track sales for the week were 22.47 million, up 19 percent compared to the comparable week of 2009.

It's a boy! John Travolta welcomes baby

LOS ANGELES — Actor John Travolta and his wife Kelly Preston on Tuesday announced the birth of their third child, a baby boy born nearly two years after the death of their 16year-old son Jett.

The baby, named Benjamin, was born at a hospital in Florida on Tuesday evening weighing more than 8 pounds, according to a statement from Travolta's publicist.

"John, Kelly and their daughter Ella Bleu are ecstatic and very happy about the newest member of the family.

Both mother and baby are healthy and doing beautifully," the statement said.

Jett, the first child of Travolta, 56, and Preston, 48, died

of a seizure in January 2009 while the family was on vacation in the Bahamas. Travolta confirmed after the death that Jett was autistic.

The "Pulp Fiction" and "Grease" star and his actress wife spent a year out of the public spotlight grieving for Jett. The family was also the victim of an alleged $25 million extortion plot over the death that ended in a mistrial for those accused.

Travolta was back on the red carpet in January to promote his comedy adventure movie "From Paris with Love" and Preston appeared in the Miley Cyrus movie "The Last Song" in April.

Jennifer Gray is crowned Season 11, winner of ‘Dancing with the Stars’

It was a tough season. She had to fight pain. She had to fight injuries. She had to fight midseason tiredness. She had to fight what some was calling unfair voting practices. But Jennifer Gray kept fighting. She finished what she started and tonight she was crowned the winner of Season 11, along with her partner Derek Hough.

At first, there was some question as to rather Jennifer was going to be able to perform today because this morning, she ruptured her back.

Luckily, her doctor was able to fix her up and she was ready to dance tonight.

She stated she didn’t want to lose her chance to dance with Derek two more times.

Well, she didn’t lose her chance.

She started the night off with a bang, receiving a perfect 10 for her waltz, the first dance she performed on “Dancing with the Stars”. The first time she performed this she brought many to tears as they remembered her dancing as her character Baby, in “Dirty Dancing” with Patrick Swayze. This

Jennifer Gray

time some people were in tears, because of how beautiful she danced and how hard she had fought to stay on “Dancing with the Stars” this season.

How did the other performers do?

Kyle Massey came in second place this season. He received a score of 26 for his Tango and a score of 110 for his instant cha-cha. This gave him a total score by the judges when you add last night’s score to this night’s

score as: Bristol Palin came the bottom place during the finale, just has she has in many weeks. She received a score of 25 for her Tango and a score of 108 for her instant cha-cha. This gave her a total score by the judges when you add last night’s score to this night’s score as: Jennifer also received a score of 28 for her instant cha-cha. This gave her a total score by the judges when you add last night’s score to this night’s score as: 118.

It has been an eventful season. A letter with white powder was sent to Bristol Palin. Stars were eliminated before they should have been.

Professional dancers argued with the judges.

One judge made one eliminated star feel disrespected. Poor Jennifer kept injuring herself.

Yet, in the end Jennifer got to take home the mirror ball.

Will Season 12 be as eventful?

Will fans still keep watching “Dancing With The Stars?”

KFWS • MindGym

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FUN & GAMES

November 22, 2010

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NOVEMBER 26TH - DECEMBER 3RD, 2010

—2—

King Features Weekly Service

NOVEMBER 26TH - DECEMBER 3RD, 2010

November 22, 2010

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FUN & GAMES

November November 22, 201022, 2010

King Features WeeklyService Service King Features Weekly

ARIES (March 21 to April 19) You might feel that you have all the answers right now. But it might be wise to listen to other ideas before you decide to close the lid on other possibilities.

TAURUS (April 20 to May 20) Bovines give and expect loyalty, so it might not be easy to reconcile with someone you feel let you down. Why not ask a neutral party to set up a clear-the-air meeting?

GEMINI (May 21 to June 20) Anticipating the holidays with family and friends fuels your must-do Gemini energies. But try to pace yourself so you’ll be up for whatever comes along later.

CANCER (June 21 to July 22) More background information might come through regarding a decision you expect to make. Be sure to check the source carefully before you move.

LEO (July 23 to August 22) The strong, nurturing nature of the Lion comes through this week as you reach out to family and friends in need of your warm and loving support.

VIRGO (August 23 to September 22) A relationship that has almost totally unraveled could be close to being restored with more effort on your part to be more patient and less judgmental.

LIBRA —13—(September 23 to October 22) Your sense of

A CHALLENGING PROBLEM

Some days you guess everything right, and some days you guess everything wrong. That’s the way it often goes, yet some guesses in bridge are not really guesses at all, if you stop to reason them out.

Assume you’re in four spades and West leads the eight of clubs. Let’s say you duck East’s jack and win the king at trick two. You want to get to dummy to take a trump finesse, so you lead a diamond, —13— on which West follows low, and you’re now faced with a harrowing guess — whether to play the jack or the king from dummy. If West has the queen, you should play the jack; if

fair play is strong this week, which can cause a problem with a longtime relationship.

But in the end, you’ll know what decision to make.

SCORPIO (October 23 to November 21) You might not know all the facts behind an unwelcome development, so keep that Scorpion temper in check and resist lashing out at anyone.

SAGITTARIUS (November 22 to December 21) This is a good time to reinforce relationships — family, friends, colleagues — that might have been overlooked in recent years.

CAPRICORN (December 22 to January 19) Family situations continue to thrive. Business associations also improve. Some holiday plans might have to be shifted a bit. Be flexible.

AQUARIUS (January 20 to February 18) Avoid any influence of negative energy in this week’s aspect by not allowing small problems to grow into large ones. Work them out immediately.

PISCES (February 19 to March 20) A friend might need advice on how to deal with a challenge to his or her moral values. And who better than you to give the honest answer? Good luck.

BORN THIS WEEK: You have a sense of adventure that inspires others to follow your lead.

• It w U.S. who sage takes human mistak precio can on way. U take, w can le • Th things the w have n reprod genesi offspr their m • Barne Sony’ that e these ing on realize long been book into a in 197 Hart, t Guten laratio to be digitiz •A

© 2010 King Features Synd., Inc.

West has the ace, you should play the king.

How can you resolve such a problem without seeing the East-West cards? Do you toss a coin, do you pray to the gods of chance, or do you instead search diligently for whatever clues might be available?

Oddly enough, all the information you need to resolve the issue is available, but you might have to work a bit to come up with the right answer.

Here’s how you go about it: You know from the first two plays that East started with the K-Q-J of clubs. You also know you can’t make the contract unless East has the king of spades, which you plan to finesse against if and when you get to dummy.

Once you decide of necessity to credit East with the king of spades, you can’t also credit him with the ace of diamonds, since he surely would have opened the bidding with such a hand — particularly in third seat.

Accordingly, you go up with the king of diamonds, take the trump finesse and wind up making the contract instead of going down two, which is what would happen if you played the jack from dummy. © 2010 King Features Synd., Inc.

Brea Mem Surv From

By L (Hyp Revi ter C

Ev book quen tiona impa addi on i tims ing N Liz hard hom with this emo Gr Aven rece on t of d as “ ing She that addi uneq that Lisa them to fe the only who

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King Features Weekly Service

November 22, 2010

FUN & GAMES

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European Union provides US$12M for Antigua to assist with global financial crisis

NOVEMBER 26TH - DECEMBER 3RD, 2010

The European Union has approved 9 million euros grant (US$12M) for Antigua and Barbuda under the EU’s vulnerability assistance scheme to help African, Caribbean and Pacific (ACP) countries deal with the affects of the global financial crisis.

“The provision of this financial assistance in the form of grants is proof that the EU is delivering on its promises and is supporting its partners at critical times of need”, said Valeriano Diaz, Head of the EU Delegation to Barbados and the Eastern Caribbean.

Antigua and Barbuda is the third Eastern Caribbean country to benefit from financial assistance under the mechanism – the other two being Grenada and Dominica.

The vulnerability assistance package will enable the government to reduce its fiscal financing gab by 52% in 2010, in order to maintain priority expenditures, especially social spending. The objective of the budget support is to contribute to macroeconomic stability and to support the implementation of the home-grown National Economic and Social Transformation (NEST)

strategy and government’s macroeconomic policies.

Approval of the vulnerability assistance package to Antigua and Barbuda is in addition to other EU assistance such as the Public Finance Management Reform Programme (EUR 3.0 million) and Support to Non-State Actors under the 10th European Development Fund.

The Vulnerability instrument is based on forecasts of fiscal losses and other vulnerability criteria. It provides rapid and targeted grants and is acting as a complement to the

Barbadian VAT now region’s highest

BRIDGETOWN, Barbados– Barbados will from next month join Jamaica in having the highest Value Added Tax (VAT) rate in the region, following the Budget announcement that among a series of new tax measures, VAT will increase 2.5 percent to 17.5 percent.

Finance Minister Chris Sinckler unveiled the measures in his maiden Budget presentation this week, as he noted that the country’s fiscal imbalance necessitated the government taking corrective action.

“Any attempts to correct the fiscal imbalance must of necessity involve revenue enhancement. I therefore propose effective December 1st 2010 to increase the Value Added Tax rate from 15 percent

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to 17.5 percent,” he announced.

“This increase in the VAT is intended as a temporary measure for the next 18 months. I further propose to review this at the end of one year with a view to providing relief subject to progress in reducing the fiscal deficit,” Sinckler added, at the same tine announcing the abolition of the environmental levy with effect from December 1st.

Sinckler said the VAT increase is expected to raise an additional BDS$124 million (US$62 million).

Other changes included increased bus fares, an increase in the excise tax on gasoline, and the elimination of allowances, Gone will be tax free

loan-based assistance of other development institutions, with whose support it was developed.

The economy of Antigua and Barbuda was among the worst hit among the Eastern Caribbean countries in 2009, undergoing a contraction of real GDP of 7.0%. In addition its tourism-dependent economy has been severely impacted. Falling tourism and Foreign Direct Investment-related construction activities have triggered the worst recession in decades and contributed to a sharp decline in government revenue.

allowances for travelling and entertainment granted to employees and allowances for investing in mutual funds and savings with credit unions was useful as a means of stimulating investment using these two vehicles. Those measures will result in total savings of BDS$34 million (US$17 million).

Minister Sinckler also announced the major sectors would be provided with financial assistance.

He noted that Barbados’ rebound from the recession is dependent on the performance of the main foreign-exchange earning tourism sector.

The Barbados Tourism Authority (BTA) will therefore embark on a new marketing programme in the United Kingdom, featuring radio and television advertising at a cost of BDS$6 million (US$3 million), on top of the additional BDS$10 million (US$5 million) provided last year.

Atlantis boss Sol Kerzner concerned about terms of Baha Mar deal

Kerzner International Chairman and CEO Sir Sol Kerzner has concerns about some of the terms of the $2.6 billion Baha Mar deal, Prime Minister Hubert Ingraham said yesterday.

Ingraham told reporters at a meet the press event that he met with Kerzner yesterday morning to discuss those concerns.

“There are some concerns on the part of Kerzner as to the extent to which Baha Mar is getting a deal from The Bahamas that is more favorable to them than Kerzner got,” Ingraham said.

“In 2003 when the government of the day signed an agreement for Kerzner to do its phase three, it agreed that nobody would get a better deal in The Bahamas for any development than Kerzner got.”

He added, “They are concerned about the extent to which they themselves had to pay huge sums of money for property to do their development and Baha Mar was given property at [concessionary] prices.

Secondly, they were required to hire

An artist’s rendition of the property

70 percent (Bahamian) workers on their job, and only 30 percent foreigners and we are considering giving Baha Mar these 5,000 to 8,000 Chinese workers.”

Ingraham said Kerzner

International officials will get back to the government on the extent to which they have justifiable reasons for their concerns.

“And we will review their concerns and make determinations,

but in the meantime it will not interfere with our intention to approve the Baha Mar project by the end of this month,” he said.

Asked whether Kerzner International plans to pursue a phase four of its development, Ingraham said, “The reality is even if they had the money and even if they had the will, the desire, nobody would do a phase four at Atlantis if you’re going to put down on Cable Beach another 2,600 hotel rooms and all the facilities.

“The reality is that there is only one market. Nassau is only just one place and airlift and business and profitability and room rates and the whole host of things (come into play).

So it isn’t likely that they are going to do another phase at the moment.

That’s not likely.”

Ingraham said Kerzner told him yesterday that there is no truth to rumors that he is considering selling the Atlantis Resort on?Paradise Island.

“He said absolutely not,” Ingraham said. “I believe him.”

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Cayman Islands accommodation sector holding its ground

CARIBBEAN NEWS

The accommodation sector in Cayman is holding its ground compared to other Caribbean islands over the holiday period, according to a report in the Caymanian Compass newspaper.

However, room costs remain depressed while business costs continue to rise, according to the industry.

“We are seeing good pick up for the winter season, slightly ahead of last year. We are cautiously optimistic that the business will be stronger for the new year,” said Thomas Mason, general manager of Comfort Suites.

Penny Cumber of Cayman Villas said that several wholesalers, many of whom deal with the entire Caribbean area, have told her that the Cayman Islands are doing better than many other islands regarding Christmas and New Year bookings.

The latest United Nations World Tourism Organisation data, which includes visitor numbers from January until August 2010, measured growth of visitors to the Caribbean as 3 per cent during that period. Worldwide, according to the World Travel and Tourism Council, tourism’s share of GDP will increase 1 per cent in 2010.

But the industry, said Ms Cumber, has now changed and the days of a 14day minimum stay across the board are gone for everything, aside from the larger villas, with bookings also coming in much closer to vacation time. In Cayman’s heyday, the Christmas period would more often than not be booked entirely by August.

“Our wholesalers [in the condo and villa sector] tell us that people

TURKS AND CAICOS SUN

don’t want to go away anymore for Christmas; they want to stay at home [for December 25], then go away immediately afterwards for a few days or a week - no longer.”

At The Reef Resort in East End, reservations manager Sandra Spannheimer said occupancy is high and that they anticipate the holiday season will sell out. At this time of year, the booking window is longer than usual, she added, with more people booking three months or more in advance of the holiday season.

Michael Broderick, general manager of Ramada Grand Caymanian Resort, noted that their resort timeshare rooms are booked six months to a year ahead because owners know they will come every year at the same time.

“For regular hotel bookings we are still seeing a relatively short booking window – approximately two to three weeks - but we are also seeing some advanced bookings into February, March of next year as guests take advantage of special advance booking promotions that the brand is doing, as well as different online travel agents such as Expedia/Hotels, Travelocity et cetera.”

Ms Spannheimer added that the average daily rate is largely similar to the same time in 2009, but the traditional seasonal upsurge remains a factor.

“In short, the holiday period is the highest demand period of the year, and that is still holding for 2010,” she said.

Hoteliers throughout the industry have consistently noted that the worldwide economic downturn

NOVEMBER 26TH - DECEMBER 3RD, 2010

brought about a slashing of room rates in 2009 and 2010, with travellers shopping around for the best deal and expecting - even demanding - more bang for their buck. This has forced destinations, including Cayman, to upgrade and update their offerings, say industry experts.

“We are seeing stiffer competition from other Caribbean islands with added values and booking incentives, as well as many of these destinations investing large sums in TV and other high profile advertising. This is resulting in us having to be more competitive with rates and also added values,” said Thomas Mason of Comfort Suites.

In addition to global conditions, costs of doing business in the Cayman Islands have increased by as much as 20 per cent to 30 per cent, said Peter Hillenbrand of the Southern Cross Resort on Little Cayman.

“That makes it very hard at a time when we can’t raise rates - I am still not confident that the market can take any price raise. “The whole thing is in a difficult cycle; the government needs money, we can’t raise rates, they’re making it more expensive for us, and we’re the ones that are getting shafted - it’s happening all over the world, not just the Cayman Islands.” Mr. Mason added that there are other elements aside from financial incentives that need to be addressed in order to continue to draw tourists to the Cayman Islands.

“We believe in Cayman as a destination that is clean, safe and with the friendliest people in the region, key things that the travelling public looks

for,” he said.

However, Ms Spannheimer said, guests’ feedback indicates that potential visitors are experiencing a combination of the down economy and less disposable income. This, allied with cheaper flights to other long-haul and local destinations, has meant that repeat guests are tempted to either vacation elsewhere or even stay at home entirely.

Michael Broderick at the Ramada noted that the resort, like many others, is always supportive of initiatives around special events such as Pirates Week, but that results were negligible.

“I have said for two years now – the biggest way to attract more volume here is to make the air fares more attractive,” he said.

Mr. Hillenbrand said that more intrusive travel and security rules in the United States are likely to reduce the number of people travelling abroad.

“It’s becoming more of a frustrating experience for them, and at some point they’re going to reach the threshold and say they’re going to visit Indianapolis, Indiana, rather than the Cayman Islands,” he said.

Nonetheless, he said, things are looking better for the holiday season going into 2011 than compared to the same period last year.

At Cayman Villas, Penny Cumber said bookings are becoming busy for the tourist season, but she added that it is difficult to assess the relative reservation levels because the parameters of measurement in the accommodation industry have changed.

“You can’t tell how the season has been until it’s over, especially now, because ever since the recession started people are booking at the last minute, demanding discounts and staying for shorter periods.”

Fidel says happy with direction of Cuba

HAVANA – Fidel Castro says he is happy with the direction Cuba is taking under the leadership of his brother Raul, his most explicit remarks to date about the sweeping economic changes the country is undergoing.

"I'm content, because the country is moving forward despite all the challenges," the bearded revolutionary icon told Cuban students in comments carried by the official Communist Party newspaper Granma and broadcast on Cuban television Thursday.

The elder Castro stepped down in 2006 due to a serious illness that almost killed him. He reemerged from four years of seclusion in July, but has rarely spoken about Cuban current events, preferring to use his appearances to warn of what he fears is a looming nuclear war pitting the United States and Israel against Iran.

Castro, 84, remains head of the Communist Party, though in his remarks to the students he gave the impression he had delegated many of his official duties to others when he became ill.

When one student began to ask about a key upcoming economic gathering that would in theory be led by Castro as first secretary of the Communist Party, the former president politely brushed the question aside, telling the students he was not meeting with them in his capacity as party chief.

By way of explanation, Castro then immediately said of his 2006 illness: "I got sick

Fidel Castro

and I did what I had to do: delegate my duties. I cannot do something if I am not in a condition to dedicate all my time to it."

Castro described himself as a "soldier of ideas" and said that he "did not hesitate for a minute to relinquish my duties," an apparent reference to his decision to step down as president.

He left unclear how much of a role he continues to play in the day-to-day running of the party. The Communist Party's official website lists

Fidel as first secretary and Raul as second secretary.

Part of the meeting with the students was carried on national television Wednesday, but Castro's comments about his brother and his decision to delegate official duties were not broadcast until Thursday.

In the initial broadcast, Castro read word-forword from a long speech he gave to students in 2005 that he said continued to be relevant today.

In that speech, he spoke of the need to control corruption and the black market, and warned that the revolution could fail from within if leaders did not make the correct decisions.

Since taking over — first temporarily, then permanently — in 2006, Raul Castro has warned his countrymen that the state can no longer afford to pay idle workers and must cut many subsidies Cubans have come to expect.

In September, the government announced that it was laying off 500,000 workers — or one-tenth of its labor force — while allowing many to work for themselves in an expanded private sector.

Raul Castro called a Party Congress for April in which the government is expected to map out details of Cuba's economic future.

A separate Communist Party gathering, called a Party Conference, is also to be held at some point in 2011, and there is speculation Fidel Castro might use one of the occasions to step down as head of the Communist Party.

Obama’s 2012 re-election prospects uncertain: poll

NOVEMBER 26TH - DECEMBER 3RD, 2010

President Barack Obama faces uncertain prospects for re-election in 2012 as many voters question whether he deserves a second term, a new poll said.

The Quinnipiac University poll said American voters by 49 percent to 43 percent do not think Obama has earned a second four-year term, and they put him in a statistical dead heat with potential Republican challengers Mitt Romney and Mike Huckabee.

Obama has struggled to bring down the stubbornly high U.S. jobless rate of 9.6 percent and his Democrats sustained huge losses in November 2 congressional elections.

At this point, Obama leads possible Republican challenger Sarah Palin by 48 percent to 40 percent, the poll found.

Romney is a former governor of Massachusetts, Huckabee was governor of Arkansas and Palin was

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Barack Obama

governor of Alaska and her party's 2008 vice presidential nominee.

Democratic voters say by 64 percent to 27 percent that they do not

want anyone to challenge Obama for their party's nomination in 2012.

"The Democratic base remains squarely behind Obama when it comes to his re-election, but his weakness among independent voters at this point makes his 2012 election prospects uncertain," said Peter Brown, assistant director of the Quinnipiac University Polling Institute.

The poll found only 39 percent of men, 34 percent of whites, 35 percent of political independents and 38 percent of those over age 35 think Obama deserves re-election.

In trial heats for 2012, Romney receives 45 percent to 44 percent for Obama, while the president gets 46 percent to 44 percent for Huckabee.

Palin is viewed the most negatively of the possible Republican candidates in 2012. She is viewed unfavorably by 51 percent of voters and favorably by 36 percent.

Brown said that "virtually all voters have formed an opinion about Palin and that opinion is not encouraging for her candidacy."

In a mythical Republican primary, Palin gets 19 percent, including 25 percent of Republican women, followed by Romney with 18 percent, Huckabee at 17 percent, former House of Representatives Speaker Newt Gingrich at 15 percent and Minnesota Governor Tim Pawlenty at 6 percent.

"The best thing Obama has going for him when it comes to his reelection may be that at this point the Republicans don't have a candidate who is both nationally well-known and well-liked by a majority of voters," said Brown.

Quinnipiac University conducted the poll November 8-15, surveying 2,424 registered voters nationwide by telephone. The poll has a margin of error of plus or minus 2 percentage points.

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Obama’s 2012 re-election prospects uncertain: poll

NOVEMBER 26TH - DECEMBER 3RD, 2010

President Barack Obama faces uncertain prospects for re-election in 2012 as many voters question whether he deserves a second term, a new poll said.

The Quinnipiac University poll said American voters by 49 percent to 43 percent do not think Obama has earned a second four-year term, and they put him in a statistical dead heat with potential Republican challengers Mitt Romney and Mike Huckabee.

Obama has struggled to bring down the stubbornly high U.S. jobless rate of 9.6 percent and his Democrats sustained huge losses in November 2 congressional elections.

At this point, Obama leads possible Republican challenger Sarah Palin by 48 percent to 40 percent, the poll found.

Romney is a former governor of Massachusetts, Huckabee was governor of Arkansas and Palin was

Barack Obama

governor of Alaska and her party's 2008 vice presidential nominee.

Democratic voters say by 64 percent to 27 percent that they do not

want anyone to challenge Obama for their party's nomination in 2012.

"The Democratic base remains squarely behind Obama when it comes to his re-election, but his weakness among independent voters at this point makes his 2012 election prospects uncertain," said Peter Brown, assistant director of the Quinnipiac University Polling Institute.

The poll found only 39 percent of men, 34 percent of whites, 35 percent of political independents and 38 percent of those over age 35 think Obama deserves re-election.

In trial heats for 2012, Romney receives 45 percent to 44 percent for Obama, while the president gets 46 percent to 44 percent for Huckabee.

Palin is viewed the most negatively of the possible Republican candidates in 2012. She is viewed unfavorably by 51 percent of voters and favorably by 36 percent.

Harmful errors still common in U.S. hospitals: study

Harmful errors and accidents remain common in U.S. hospitals despite aÂŹ decade of efforts to improve patient safety, a study found.

According to the study, published in the New England Journal of Medicine, the number of patients experiencing hospital acquired infections, medication errors, complications from diagnostic techniques or treatments, and other such "harms" did not change between 2002 and 2007.

Medical complications, some of which are preventable, can prove costly. The U.S. Office of the Inspector General released a report recently estimating that complications contribute to 180,000 patient deaths per year and overall, cost Medicare up to $4.4 billion annually.

A team led by Christopher Landrigan, at Brigham and Women's Hospital in Boston, looked at 2,300 patient admission records from 10 randomly selected hospitals in North Carolina.

They found 588 incidents of patient harm resulting from medical procedures, medications or other causes, with two-thirds of these complications considered preventable by researchers at the hospitals themselves.

"These harms are still very common, and there's no evidence that they're improving," said Landrigan.

"The problem is that the methods that have been best proven to improve care have not been implemented across the nation."

These methods include computerizing patient records and drug prescription orders, limiting the number of consecutive hours that residents and nurses work, and using checklists for surgical procedures, among others.

Another method is using a standardized checklist developed by Johns Hopkins to reduce

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bloodstream infections, with Landrigan noting that hospitals in Michigan that have used the list have kept the number of infections to nearly zero over three years.

The study found that hospital-acquired infections were one of the most common complications, but the types of harm done to patients varied widely and included falls, unintended injury during surgery, low blood pressure and low blood sugar.

Close to 85 percent were treatable and temporary, but 3 percent were permanent, 8.5 percent were deemed life-threatening, and 2.4 percent "caused or contributed to a patient's death."

While some patient care specialists said advances had been made simply by increasing hospital awareness of patient safety over the last ten years, others said more needed to be done -and that a "cultural shift" in hospitals and other care centers was needed.

"In order to change the way we do things, we have to work effectively as teams, and to become a good team is difficult in healthcare because that's not how it's set up, that's not how we train our doctors," said Lucian Leape, a health policy analyst at Harvard University and adviser for the recent study.

But he added that patients also needed to become more pro-active, by doing things such as asking doctors to make sure they'd washed their hands or talking with doctors about drug interactions.

"Some patients are uncomfortable doing that, but asking a doctor to double check something isn't insulting them, it's just recognizing that mistakes can be made," he said.

Brown said that "virtually all voters have formed an opinion about Palin and that opinion is not encouraging for her candidacy."

In a mythical Republican primary, Palin gets 19 percent, including 25 percent of Republican women, followed by Romney with 18 percent, Huckabee at 17 percent, former House of Representatives Speaker Newt Gingrich at 15 percent and Minnesota Governor Tim Pawlenty at 6 percent.

"The best thing Obama has going for him when it comes to his reelection may be that at this point the Republicans don't have a candidate who is both nationally well-known and well-liked by a majority of voters," said Brown.

Quinnipiac University conducted the poll November 8-15, surveying 2,424 registered voters nationwide by telephone. The poll has a margin of error of plus or minus 2 percentage points.

ATTACKS KILLS 2 CIVILIANS IN S. KOREA; U.S. SENDS SHIPS SEOUL- Two civilians were found dead on the South Korean island attacked by North Korea, the first civilian deaths noted in the bombing, officials said.

The South Korean coast guard said the bodies were found at the construction site of a marine corps base on Yeonpyeong Island, near the disputed maritime border between the Koreas, that was wracked Tuesday, November 23, by North Korean artillery, the South Korean news agency Yonhap reported.

The civilian deaths brought the number of deceased in Tuesday's attack to four, including two marines, officials said. Eighteen others were wounded.

U.S. President Obama and South Korean President Lee Myung-bak agreed to conduct joint military exercises as a first response to the attack, with the United States sending the aircraft carrier George Washington and other ships into the region, The New York Times reported.

Obama called Lee to tell him the United States "stands shoulder to shoulder with our close friend and ally," the White House said of the phone conversation.

The decision to send the U.S. aircraft carrier came as the South Korean military was in "crisis status," the Times said. Lee said he would order strikes on a North Korean military facility if indications of new attacks were evident.

The military attack on the island came less than two weeks after North Korea invited a U.S. nuclear scientist to its Yongbyon nuclear site and showed him what was described as a new centrifuge plant that, if fully operational, should allow North Korea to enrich uranium into nuclear fuel.

"They have a 60-year history of military provocations -- it's in their DNA," a senior administration official told the Times. "What we are trying to do is break the cycle" of rewarding North Korea's belligerent behavior with "talks, inducements and rewards."

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U.S. air travelers complain about body scans

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Hundreds of U.S. air travelers have lodged complaints over use of fullbody security scanners in the past year, charging they violate personal privacy and may be harmful to their health, documents released on Tuesday showed.

The United States began testing the devices in a pilot program after the September 11, 2001, attacks, but the pace of use has increased since a passenger with a bomb hidden in his underwear tried to blow up a U.S. airliner on Christmas Day. The scanners, 44 of which are in use at 21 airports, are aimed at detecting explosives or other potentially dangerous items hidden on travelers, but they can produce detailed images of the body. Operators currently work in a separate room and Travelers complaints ranged from concern privacy filters blur the images that about genitals being seen and the use of the devices on children, to anger over passengers they view. being told they could request a pat-down The Transportation Security not search instead and potential health worries Administration, releasing the from the scans. documents after a Freedom of Information Act request by the through the devices, even children," Electronic Privacy Information said one complaint from an Center, said air travelers lodged more unidentified traveler who flew through than 600 complaints over use of the the Tulsa airport in May 2009. machines in the past year.

The TSA downplayed the The complaints ranged from complaints, saying only 600 of more concern about genitals being seen and than 4 million air travelers had lodged the use of the devices on children, to objections -- an "infinitesimally anger over passengers not being told small" 0.015 percent -- and stressing they could request a pat-down search that passengers could opt for an instead and potential health worries alternative form of screening.

Homeland Security Secretary from the scans.

"I was not given an option to use Janet Napolitano said on MSNBC that the whole body screening device. the level of radiation from the Neither was anyone else. It appeared scanners was not like that emitted that everyone was being required to go from hospital equipment, rather was

156 detained over Christian riots in Egypt

CAIRO — Egypt's prosecutor general leveled severe accusations Thursday against 156 Christians, including explosives possession and attempted murder, following clashes with police over the building of a church.

One person died and 68 others were injured when security forces halted construction on a church citing violations of building permits.

Angry Christians hurled stones while riot police responded with tear gas and rubber bullets near the church and later in clashes outside the governor's office.

The prosecutor general ordered a renewable 15-day-detention for those arrested, on accusations of sabotage, assault, possession of explosives and attempted murder of police.

Some 15 police officers were injured in the clashes. No one arrested or charged over the death of one protester, killed after being shot in the thigh according to forensic reports.

Coptic Christians make up about 10 percent of Egypt's population of 80 million. They complain frequently of discrimination, though they generally live in peace with the Muslim majority despite occasional flare-ups of violence, especially over limits on church building.

NOVEMBER 26TH - DECEMBER 3RD, 2010

Full body scanners that truly bare all, have left many travelers choosing to stay home rather than jump on a flight this holiday season

"quite de minimis", and that the technology has improved to ensure privacy.

"With respect to, you know, some of the privacy issues, I think a lot of those involved the first iteration of the technology, but the technology already has changed so much that as we install these in airports, passengers overwhelmingly prefer them to the magnetometer," she said.

Polling shows most air travelers - nearly 80 percent -- approve of the use of advanced imaging technology to screen airline passengers.

Complaints about the scanners flooded in after the failed bombing

attempt in December. The surge may have been a part of a call-in campaign as many were received by the TSA's call center on January 15.

TSA and the Department of Homeland Security have defended the use of the machines, saying that the images are not stored and screeners examining the images are in a separate location and cannot see the passenger.

TSA plans to have about 450 fullbody scanners deployed by the end of the year. Some of the machines use 40 millimeter wave technology and others use backscatter, low-level Xrays, though officials have said the health effects were minimal.

Former House leader Tom DeLay guilty of money-laundering

A Texas jury on Wednesday found former Republican House Majority Leader Tom DeLay, dubbed "The Hammer" for his hard-driving style, guilty of money laundering and conspiracy.

DeLay was accused of conspiring to illegally funnel $190,000 in corporate campaign donations to Republican candidates for the Texas Legislature in the 2002 elections.

"The public officials people elect to represent them must do so honestly and ethically and if not, they will be held accountable," said Travis County District Attorney Rosemary Lehmberg.

DeLay, 63, faces five to 99 years in prison for the money- laundering conviction and two to 20 years for a conspiracy count as well, plus fines. He is free on bond until his sentencing in a Texas state court on Dec 20.

"This is an abuse of power, it is a miscarriage of justice. I am very disappointed. But it is what it is ... and we will carry on. Hopefully we can get this before people who understand the law," DeLay said after the verdict.

"We will appeal," DeLay attorney Dick DeGuerin said in an interview. "I'm afraid it was an emotional verdict because of all the money and politics, but we will eventually prevail."

A former owner of a pest control company, DeLay was elected to the House of Representatives in 1984 and rose eventually to the No. 2 position in the chamber behind the speaker. He earned a reputation as a master vote-counter and prolific fundraiser.

In 1994, DeLay was part of "Republican Revolution" that won control of the House for the first time in 40 years. He then won the job of House majority whip, making him the chamber's thirdranking Republican.

DeLay assembled a political machine that churned out narrow and largely partisan victories on legislation from tax cuts to easing federal regulations.

He resigned from the House in 2006 amid links with Jack Abramoff, a former Republican lobbyist snared in a federal investigation of influence peddling on Capitol Hill. Two of DeLay's ex-aides pleaded guilty to corruption. Delay denied any wrongdoing.

DeLay had stepped down as majority leader the previous year after he was indicted in Texas on the campaign finance charges.

During the 2006 congressional elections, Democrats said DeLay's actions illustrated a pattern of corruption in the Republican-led Congress. Democrats won back control of Congress that year.

During a six-day period in 2004, DeLay was admonished by the House Ethics Committee on three matters -- a 2002 fundraiser that it said gave the appearance of donors getting special access; enlisting the help of a federal agency in a Texas political spat and offering a political favor to a member in an effort to win passage of a prescription drug bill.

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Vatican says everyone can use condoms to prevent HIV

NOVEMBER 26TH - DECEMBER 3RD, 2010

VATICAN CITY – Using a condom is a lesser evil than transmitting HIV to a sexual partner — even if that means averting a possible pregnancy, the Vatican said Tuesday, signaling a seismic shift in papal teaching as it further explained Pope Benedict XVI's comments.

The Vatican has long been criticized for its patent opposition to condom use, particularly in Africa. But the latest interpretation essentially means the Roman Catholic Church is acknowledging that its long-held, antibirth control stance against condoms doesn't justify putting someone's life at risk.

Benedict said in a book released Tuesday that condom use by people such as male prostitutes was a lesser evil since it indicated they were moving toward a more moral and responsible sexuality by aiming to protect their partner from a deadly infection.

His comments implied that he was referring primarily to homosexual sex, when condoms aren't being used as a form of contraception, which the Vatican opposes.

Questions arose immediately about the pope's intent, though, because the Italian translation of the book used the feminine for prostitute, whereas the original German used the masculine.

The Vatican spokesman, the Rev. Federico Lombardi, told reporters Tuesday that he asked the pope

Pope Benedict XVI

whether he intended his comments to only apply to male prostitutes.

Benedict replied that it really didn't matter, that the important thing was the person in question took into consideration the life of the other, Lombardi said.

"I personally asked the pope if there was a serious, important problem in the choice of the masculine over the feminine," Lombardi said. "He told me no. The problem is this ... It's the first step of taking responsibility, of taking into consideration the risk of the life of another with whom you have a relationship."

"This is if you're a woman, a man, or a transsexual. We're at the same point. The point is it's a first step of taking responsibility, of avoiding

passing a grave risk onto another," Lombardi said.

The clarification is significant.

UNAIDS estimates that 22.4 million people in Africa are infected with HIV, and that 54 percent — or 12.1 million — are women.

Heterosexual transmission of HIV and multiple, heterosexual partners are believed to be a major cause of the high infection rates in Africa.

Benedict drew the wrath of the United Nations, European governments and AIDS activists when, en route to Africa in 2009, he told reporters that the AIDS problem on the continent couldn't be resolved by distributing condoms. "On the contrary, it increases the problem," he said then.

In the book, the pope was not justifying or condoning gay sex or heterosexual sex outside of a marriage.

Elsewhere in it, he reaffirms the Vatican opposition to homosexual acts and artificial contraception and reaffirms the inviolability of marriage between man and woman.

But by broadening the condom comments to also apply to women, the pope is saying that condom use is a lesser evil than passing HIV onto a partner.

While that concept has long been a tenet of moral theology, the pope's book "Light of the World" — a series of interviews with a German journalist — marked the first time a pope had ever publicly applied the theory to

William and Kate to wed April 29 at Westminster Abbey

LONDON – Prince William and Kate Middleton will marry April 29 in Westminster Abbey, the historic London church where Princess Diana's funeral was held.

Royal officials said Tuesday that the couple chose the venue for its beauty, intimacy and historic royal connections, and the date because they wanted a spring wedding. It also the feast day of St. Catherine of Siena, whose name Middleton shares — though that is a coincidence.

The government said the day, a Friday, would be a public holiday.

Prince William's private secretary, Jamie Lowther-Pinkerton, said the couple chose the 1,000-year-old abbey in central London because despite its size — it holds 2,200 people — it has a sense of intimacy.

"Even at the altar, it seems like a parish church," he said.

It also has centuries of royal history.

William's grandmother, Queen Elizabeth II, and her mother both married at the abbey, where British kings and queens are crowned and where 17 monarchs are buried.

William and Kate decided against celebrating their nuptials at St. Paul's Cathedral, where William's parents married in 1981.

The palace said the royal family and the Middletons would cover the costs of the wedding, reception and honeymoon, apart from security. There have been grumbles about the propriety of holding a lavish royal bash in the midst of economic austerity.

"All parties involved in the wedding, not least Prince William and Miss Middleton,

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want to ensure that a balance is struck between an enjoyable day and the current economic situation," Lowther-Pinkerton said.

He said the guest list had not been finalized, but that "we will have a full church."

He said William and Kate were playing "a very active role" in planning the day.

"We know that the world will be watching on the 29th of April, and the couple are very, very keen indeed that the spectacle should be a classic example of what Britain does best," he said.

"The couple are completely over the moon," Lowther-Pinkerton added. "They are on cloud nine."

"I've never seen two happier people."

Prime Minister David Cameron confirmed that the wedding day would be a public holiday in England, Wales and Northern Ireland. Scotland's government was also expected to announce a public holiday.

"The wedding of Kate and William will be a happy and momentous occasion. We want to mark the day as one of national celebration, a public holiday will ensure the most people possible will have a chance to celebrate on the day," Cameron said in a statement.

William was 15 when he walked behind his mother's coffin at Diana's funeral in the abbey in September 1997.

Several members of his family have wed there, including the queen's sister. Princess Margaret in 1960, William's aunt Princess Anne in 1973 and his uncle Prince Andrew in 1986. All three marriages ended in divorce.

condom use as a way to fight HIV transmission.

Monsignor Jacques Suaudeau, an expert at the Vatican's bioethics advisory board, said the pope was articulating the idea in church teaching — long practiced by some church officials with regards to condoms — that there are degrees of evil.

"Contraception is not the worst evil. The church does not see it as good, but the church does not see it as the worst," he told The Associated Press. "Abortion is far worse. Passing on HIV is criminal. That is absolute irresponsibility."

He said the pope broached the topic because questions about condoms and AIDS persisted.

"This pope gave this interview. He was not foolish. It was intentional. He thought that this was a way of bringing up many questions. Why? Because it's true that the church sometimes has not been too clear," Suaudeau said.

Luigi Accatoli a veteran Vatican journalist who was on the Vatican panel to launch the book put it this way: "He spoke with caution and courage of a pragmatic way through which missionaries and other ecclesial workers can help to defeat the pandemic of AIDS without approving but also without excluding — in particular cases — the use of a condom," Accatoli said.

CHAVEZ SAYS US HARBORING FUGITIVE TV EXECUTIVE

CARACAS, Venezuela – President Hugo Chavez accused the United States on Wednesday of harboring a fugitive opposition leader, saying the CIA let him enter U.S. territory to help bolster a plan for removing Venezuela's leader.

"The United States is giving protection to a criminal," Chavez said during a televised address, talking about television station owner Guillermo Zuloaga. "This man is saying whatever the CIA wants him to say."

Chavez, who describes himself as a socialist and is a longtime critic of U.S. influence in Latin America, claims Zuloaga is involved in a plot to assassinate him.

The president claimed last week, without offering any details, that he has intelligence that some of his opponents have offered $100 million for his assassination. Zuloaga "is one of them," he charged.

Zuloaga, the president and majority owner of the opposition-aligned Globovision TV channel, has denied offering money for Chavez's assassination.

Chavez's comments came after Zuloaga criticized the president's order for the government to pursue legal measures against Globovision.

"You know that any legal action that is tried against Globovision will be an attack for the company and its workers," he said in remarks broadcast by the station Monday.

Zuloaga, who has recently been in the United States, fled Venezuela in June after a court ordered him jailed on charges of usury and conspiracy. He says he does not intend to return to face the charges because he wouldn't receive a fair trial because Chavez holds sway over Venezuela's justice system.

Chavez has waged a long-running battle with Globovision and has threatened the news channel before.

Globovision has been the only opposition channel on the air in Venezuela since another one, RCTV, was forced off cable and satellite TV last January. RCTV had been booted off the open airwaves in 2007.

Page 38

Man in past jogger attacks guilty of Levy slaying

WORLD NEWS

WASHINGTON – A man imprisoned for attacking two female joggers was found guilty Monday of murdering Washington intern Chandra Levy, wrapping up a murder mystery that took down a congressman and captured the nation's attention a decade ago.

Ingmar Guandique was convicted of first-degree murder for attacking Levy while she exercised in Washington's Rock Creek Park in May 2001. Her disappearance made headlines when she was romantically linked to then-Rep. Gary Condit, DCalif. Condit was once a suspect, but police no longer believe he was involved in her disappearance.

Speaking outside the courthouse, Levy's mother said she'll never be free from the pain of losing her daughter.

"I have a lifetime sentence of a lost limb missing from our family tree," Susan Levy said after the hearing. "It's a lifetime of a broken heart."

Investigators eventually focused on Guandique, an illegal immigrant from El Salvador, and brought formal charges last year. Prosecutors acknowledged they had little direct evidence but said Levy's death fit a

TURKS AND CAICOS SUN

pattern of other crimes committed by Guandique in the park.

The defense argued that the 29year-old Guandique (gwahn-DEE'kay) became a scapegoat for a botched investigation. Levy's body was found about a year after she disappeared.

In a telephone interview, Condit's lawyer Bert Fields said the verdict represents a vindication that comes too late to repair the damage his client's career. Still, trial testimony that Condit's DNA was on underwear at Levy's apartment bolstered the idea that the married politician had an affair with the intern.

"At least Gary Condit can find some measure of closure to this nightmare," Fields said. "It's a complete vindication, but that comes a little late. Who gives him his career back?" Fields said his client, whose primary loss in 2002 was largely blamed on negative publicity from the case, wasn't going to speak to reporters.

The jury deliberated over parts of four days before returning with a verdict shortly before noon Monday.

Guandique was convicted on two counts of first-degree murder, one

PHILIPPINES REPORTS RISE IN HIV-AIDS INFECTIONS MANILA — The Philippines on Thursday reported a sharp jump in HIV-AIDS cases which runs against a global trend of declining infection rates, with young homosexual men most at risk.

There were 1,305 confirmed new HIV infections in first 10 months of the year, compared with 835 for the whole of 2009, the health ministry said.

Sex between men accounted for nearly 80 percent of all cases this year, and more than half of those infected were aged between 20 and 29.

"From 2007 there has been a shift in the predominant trend of sexual transmission from heterosexual contact to males having sex with males," a health ministry report said.

The human immunodeficiency virus (HIV) attacks the human body's immune system, rendering it defenceless against infections and leading to AIDS. Teresita Marie Bagasao, country coordinator of the UNAIDS programme, said that among all countries in Asia, only the Philippines and Bangladesh were now reporting increases in cases, with others stable or decreasing.

The United Nations also reported Tuesday that the number of new cases of HIV/AIDS around the world had dropped by about one-fifth over the past decade.

"They (Philippine authorities) need to actually address the factors which lead to infections," Bagasao told AFP. "Providing treatment can only be sustainable if there is a very strong and comprehensive programme of preventing further infections."

She said the government needs to educate those at high risk, and provide them with condoms.

Apart from sexual contact, 11 percent of all new Philippine HIV cases were transmitted through needlesharing by injecting drug users, and one percent were transmitted by a mother to her baby.

NOVEMBER 26TH - DECEMBER 3RD, 2010

alleging death as part of a kidnapping and one alleging the death as part of an attempted robbery. Jurors had the option of convicting him on a lesser charge of second-degree murder.

Guandique could be sentenced to a minimum of 30 years and a maximum of life in prison. Sentencing was set for Feb. 11.

Prosecutors Amanda Haines and Fernando Campoamor-Sanchez obtained a conviction even though they had no eyewitnesses and no DNA evidence linking Guandique to Levy.

And Guandique never confessed to police. Prosecutors hung their hopes in large part on a former cellmate of Guandique, Armando Morales, who testified that Guandique confided in him that he killed Levy.

Morales said Guandique was worried about being labeled a rapist by fellow inmates if word got out that he was a suspect in the Levy case.

According to Morales, Guandique admitted killing Levy as part of an attempted robbery, but said he never raped her.

The government also presented testimony from two women who were attacked by Guandique in May and

July of 2001 in Rock Creek Park. In both cases, Guandique attacked the women from behind while they jogged on isolated trails but ran off after each woman fought him off.

Defense lawyers argued that Morales concocted the confession story to curry favor with prosecutors.

While Morales has not received any benefit for his testimony, prosecutors could seek to reduce his jail time in the future.

The defense also pointed to DNA from an unknown male that was found on Levy's black running tights. The DNA matched neither Guandique nor Condit, and the defense said it was powerful evidence that the wrong person was on trial. Prosecutors argued the DNA was the result of contamination during the testing process.

D.C. Police Chief Cathy Lanier, whose department was criticized for overzealously pursuing Condit, told reporters Monday that "detectives ... can sometimes discover things that were not discoverable in the beginning. The lesson is: Never give up."

US closes shrimping near oil spill as 'precaution'

WASHINGTON — US authorities Wednesday closed to shrimping a section of the Gulf of Mexico near the area of a massive oil spill this year as a precautionary measure after a commercial shrimper found tar balls in his net.

The National Oceanographic and Oceanic Administration said the area closed to royal red shrimping is 4,213 square miles (10,000 square kilometers) of Gulf of Mexico federal waters off Louisiana, Mississippi, and Alabama.

"The precautionary measure was taken after a commercial shrimper, having hauled in his catch of the deep water shrimp, discovered tar balls in his net," the agency said in a statement.

The action marked the first closing after more than 99 percent of Gulf waters had reopened to fishing, with the area recovering from the huge BP oil spill capped in July.

NOAA said it was taking the action "out of

an abundance of caution" and due to the nature of this type of shrimp fishing.

"Fishing for royal red shrimp is conducted by pulling fishing nets across the bottom of the ocean floor. The tar balls found in the catch may have been entrained in the net as it was dragged along the seafloor," NOAA said.

"Other fishing at shallower depths in this area has not turned up any tar balls and is thus not impacted by this closure. The fisherman who reported this catch had trawled for brown shrimp in shallow waters in a different portion of the area to be closed earlier in the day without seeing tar balls."

Over 88,000 square miles (229,000 square kilometers) were once closed to fishing due to concerns over the devastating spill, which continues to impact the Gulf's environment and economy.

GERMAN MAN DEMANDS MONEY BACK FOR BREAST IMPLANTS

BERLIN - A German woman who splashed out on breast implants with a loan from her then boyfriend now fears her assets could be re-possessed after she failed to fully reimburse him, the 20-year-old woman told Bild newspaper.

Her ex-boyfriend is demanding that she return the 4,379 euros ($5,865) he gave her to pay for her breast enlargement surgery in 2009 or he'll call the police and get the repossessors involved, Bild reported on Wednesday.

"It's true that Carsten signed a loan agreement shortly before the operation," the woman named only as Anastasia is quoted saying. "The condition was that I wouldn't have to pay him back if I stayed with him for a year."

But the pair split shortly after she underwent the plastic surgery. The woman said she had transferred 3,000 euros into her ex-boyfriend's account last week.

A German woman may have her breast implants repossessed by her former boyfriend

Corporate profits were the highest on record last quarter

NOVEMBER 26TH - DECEMBER 3RD, 2010

The nation’s workers may be struggling, but American companies just had their best quarter ever.

American businesses earned profits at an annual rate of $1.659 trillion in the third quarter, according to a Commerce Department report released Tuesday. That is the highest figure recorded since the government began keeping track over 60 years ago, at least in nominal or noninflationadjusted terms.

The government does not adjust the numbers for inflation, in part because these corporate profits can be affected by pricing changes from all over the world and because the government does not have a price index

for individual companies. The nexthighest annual corporate profits level on record was in the third quarter of 2006, when they were $1.655 trillion.

Corporate profits have been doing extremely well for a while. Since their cyclical low in the fourth quarter of 2008, profits have grown for seven consecutive quarters, at some of the fastest rates in history. As a share of gross domestic product, corporate profits also have been increasing, and they now represent 11.2 percent of total output. That is the highest share since the fourth quarter of 2006, when they accounted for 11.7 percent of output.

This breakneck pace can be partly

WITH FACEBOOK CLAIMING THE WORD ‘FACE’, SOME ALTERNATIVES

Facebook is a few steps away from getting a trademark on the word “face” with the United States Patent and Trademark Office, according to a document discovered by the technology blog TechCrunch, which it wrote about on Tuesday.

According to the document and filing, Facebook was informed on Tuesday that it could move to the next phase of the trademark process, which will include paying a fee and providing a “Statement of Use” illustrating how the word will be used in the real world and online once it has been trademarked.

So does that mean Facebook will be able to stop people from using the word “face” unless they are willing to send a check to Mark Zuckerberg, above, a company founder? Not exactly.

As the Patent and Trademark Office points out, the trademark will apply only to “telecommunication services, namely, providing online chat rooms and electronic bulletin boards for transmission of messages among computer users.”

But that still limits the use of the word for businesses when it comes to the modern-day world, as almost every business has a Web page, Twitter or Facebook account associated with it.

There are some options for people who want to a “face”-like alternative for the name of their company or start-up. A quick perusal of the thesaurus offers some options, including countenance, mug, physiognomy, veneer, front, display and facade. I guess they just don’t have the same ring to them as “face.”

The latest development is sure to inspire more frustration with the Patent and Trademark Office. For the past several years it has approved a number of strange requests related to the Internet and start-ups.

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attributed to strong productivity growth — which means companies have been able to make more with less — as well as the fact that some of the profits of American companies come from abroad. Economic conditions in the United States may still be sluggish, but many emerging markets like India and China are expanding rapidly.

Tuesday’s Commerce Department report also showed that the nation’s output grew at a slightly faster pace than originally estimated last quarter.

Its growth rate, of 2.5 percent a year in inflation-adjusted terms, is higher than the initial estimate of 2 percent. The economy grew at a 1.7 percent annual rate in the second quarter.

Still, most economists say the current growth rate is far too slow to recover the considerable ground lost during the recession.

“The economy is not growing fast enough to reduce significantly the unemployment rate or to prevent a slide into deflation,” Paul Dales, a United States economist for Capital Economics, wrote in a note to clients.

“This is unlikely to change in 2011 or 2012.”

The increase in output in the third quarter was driven primarily by stronger consumer spending. Wages and salaries also rose in the third quarter, which might help bolster holiday spending in the final months of 2010.

Private inventory investment, nonresidential fixed investment, exports and federal government also contributed to higher output. These sources of growth were partly offset by a rise in imports.

Russians step closer to joining the W.T.O.

BRUSSELS — Russian and worsened by periodic tussles over European Union negotiators said trade.

Wednesday that they had resolved “Today’s breakthrough key differences on trade, follows several years of removing a significant obstacle to negotiations and is an important Russia’s long-delayed plans to milestone in Russia’s W.T.O. join the World Trade accession process,” added John Organization.

Clancy, a spokesman for the After talks in Brussels the European Commission on trade two sides issued a joint statement issues. saying they were confident their “It means that all the E.U.’s deal would “greatly facilitate the open bilateral issues related to overall process of accession of Russia’s W.T.O. accession are Russia to the W.T.O.” resolved, and the European Officially, Russia has been Commission can focus all its trying to join the 153-nation efforts on working together with organization since 1993, though, other W.T.O. members to finalize until recently, Western officials the remaining negotiations.” believed there was little The deal Wednesday does not momentum behind the make Russia’s long-delayed Russian first deputy prime ministerIgor I. Shuvalov application in Moscow. accession a certainty. It still needs That appeared to have to resolve outstanding issues, changed in recent months, and President Barack including over intellectual property rights, though Obama has publicly supported Russia’s accession as officials hope they can be settled next year. part of his efforts to improve ties with Moscow.

Its biggest bilateral problems are with Ukraine Many Western policymakers have been eager to and Georgia, though signs of lower tensions in the draw Russia into the W.T.O. because membership region may help here, too. commits a country to a series of rules that are Ukraine has put on ice its bid to join NATO, enforceable and provide greater certainty for foreign extended the lease on Moscow’s Black Sea naval investors. base and struck a deal with Russia on gas transit.

In Brussels, the Russian first deputy prime On Tuesday, speaking to the European minister, Igor I. Shuvalov, said the talks had created Parliament, the Georgian president, Mikheil “a common understanding, and even we agreed on a Saakashvili, forswore the use of force against the precise text that will be exchanged by ministers.” breakaway regions of Abkhazia and South Ossetia.

The two sides resolved differences over tariffs On Wednesday Mr. Shuvalov gave a cautious on the export of raw materials, including timber, and welcome to those comments saying the language on railroad freight transit. The timber tariffs, which was “polite and friendly,” but added that “we need to Finland has opposed, will be phased out “from the understand whether there is something behind this time we ratify our accession to the W.T.O.,” Mr. speech in the European Parliament.”

Shuvalov said.

He added that in the W.T.O accession talks with Mr. Shuvalov added that the progress on the Georgia, “so far we have heard nothing about talks would help Russia modernize its economy with blocking” Russia’s bid. the help of Europeans.

Mr. Shuvalov also said Russia was ready to sell This year a rapprochement between Russia and a stake in VTB bank, Russia’s second-largest bank, Poland has helped smooth relations that had been for no less than $3 billion.

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Madoff trustee sues UBS to recover $2 billion

BUSINESS & TECHNOLOGY The trustee charged with trying to recover money for the victims of Bernard L. Madoff’s huge Ponzi scheme sued the Swiss bank UBS and its affiliates on Wednesday, accusing it of enabling the fraud.

The complaint, filed in federal bankruptcy court in Manhattan, is seeking to recover at least $2 billion.

UBS sponsored and administered several international feeder funds related to Mr. Madoff’s investment company. The complaint contends that UBS’s participation allowed for more than $1 billion to be funneled to Mr. Madoff — even as the bank knew a fraud was afoot and took steps to protect itself against liability if Mr. Madoff’s firm went under.

UBS and its affiliates “chose to enable Madoff’s fraud for their own gain,” netting more than $80 million in fees by administering the feeder funds Luxalpha and Groupement Financier. The bank’s involvement provided the funds a “facade of legitimacy,” according to the complaint.

“The ‘fees’ they received in their various roles were nothing more than ‘fees’ for looking the other way, and lending their prestigious name to legitimize and attract money” to the Ponzi scheme, the complaint said.

In a statement, a spokeswoman for UBS, Kelly Smith, called the allegations “completely unfounded and without merit” and said the bank would take all necessary steps to demonstrate that.

“We regret that the trustee filed this unwarranted complaint,” Ms. Smith said.

The lawsuit is the latest legal action by the trustee, Irving H. Picard, who has so far filed some 20 complaints seeking to recover billions for the victims of Mr. Madoff’s $65 billion fraud. As of Sept. 30, Mr. Picard had recovered a total of $1.5 billion for the victims.

The so-called clawback suit against UBS and its affiliates is expected to be followed by several similar actions in the coming weeks. Mr. Picard faces a deadline next month to initiate legal proceedings seeking to recover money.

On the criminal side, two of Mr. Madoff’s former employees, including his onetime personal secretary, were indicted last week on fraud and

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conspiracy charges related to the Ponzi scheme, bringing to eight the number of people charged in the case. Mr. Madoff himself is serving a 150-year sentence in federal prison.

The complaint contends that UBS and the other defendants are liable for at least $2 billion, including redemptions, fees earned and compensatory and punitive damages. It alleges 23 counts of fraud and breaches of fiduciary duty against the defendants.

The complaint has been placed under seal, but a redacted version was released on Wednesday. It focuses on Luxalpha and Groupement Financier, which together withdrew nearly $800 million in the 90 days before Mr. Madoff’s firm, Bernard L. Madoff Investment Securities, filed for bankruptcy, compared with withdrawals totaling $1.1 billion in the previous six years.

In the complaint, Mr. Picard portrays UBS as essentially selling its name to the feeder funds — even though the bank would not market them to its own private banking clients, given its concerns about Mr. Madoff’s practices.

“Madoff’s scheme could not have been accomplished unless UBS had agreed not only to look the other way, but also to pretend that they were truly ensuring the existence of assets and trades when in fact they were not and never did,” David J. Sheehan, a lawyer for Mr. Picard, said in a statement.

Instead, UBS made Mr. Madoff’s firm the subcustodian for the assets held by the feeder funds.

That, according to the complaint, had the effect of allowing Mr. Madoff to value his own funds and manipulate reports as needed to cover up his scheme.

Ms. Smith, the UBS spokeswoman, said that Luxalpha was clearly defined as existing for the purpose of channeling investments to Mr. Madoff and that the fund’s documentation contained an explicit waiver that USB was “not expected to be responsible for the safekeeping of the assets.”

“UBS does not have responsibility to these shareholders for the unfortunate results of the Madoff scandal,” she said.

Also named as a defendant in the lawsuit is Access International Advisors, which fashioned a business out of giving European investors the chance to invest with Mr. Madoff. One of its co-founders,

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Rene-Thierry Magon de la Villehuchet, committed suicide two years ago, shortly after Mr. Madoff was arrested and his fraud was exposed. (The suit includes Mr. de la Villehuchet’s widow as a defendant.)

Access International is accused of marketing the feeder funds by advertising a careful due diligence process, while in reality it ignored blatant red flags.

Mr. Picard used the arrangement between Access and UBS to suggest that UBS was perfectly happy collecting fees for sponsoring the feeder funds even as it simultaneously displayed a very visible squeamishness for Mr. Madoff’s investment business.

As the sponsor of Luxalpha and Groupement Financier, UBS agreed to “act as a figure head to third parties” in regard to the funds, according to an indemnity agreement between Access International and UBS in 2004. Minutes from an Access International meeting three years later described UBS as “window dressing or a front” in regard to the two funds. And another indemnity letter from November 2008 — Mr. Madoff was charged a month later — repeated the “figure head” description.

UBS, meanwhile, was careful to make sure that it was protected in case something went wrong with the feeder funds, according to the complaint. In 2004, a UBS director, Serge Karp, described in an email message a “worst case scenario” in which Mr. Madoff’s company would fail, possibly leaving UBS responsible for investor claims.

Based on the concerns Mr. Karp outlined, UBS asked Access International to obtain a letter from Luxalpha’s investors asserting that UBS would not be held responsible for any losses incurred if something were to happen to Mr. Madoff’s company.

It was not clear if such a letter was ever provided.

While promoting the two feeder funds, UBS also sought to distance itself from Mr. Madoff himself, according to the complaint. The lawsuit cites a 2005 operating memorandum for Groupement Financier that contains a section marked “Not to do.” Written in bold, large type was a warning that UBS employees should not “ever enter into a direct contact with Bernard Madoff!!!”

Santa: Kids make iPads No.1 on holiday lists

Nowadays, children's tastes are running on the expensive side, so unless you've got an entrepreneurial whiz kid in your family, the adults are the ones who are going to have to fork over some serious cash (or credit) to appease their tiny humans. (And if your spouse or significant other is of the Idon't-want-to-grow-up-I'm-aToys-r-Us-kid big kid school who also expects some highpriced electronic "toys," then you will also be coughing up some bucks.)

For kids ages 6 - 12, the iPad would be at the top of a 17-item wishlist to Santa, For kids ages 6 - 12, the iPad would be at the top of a 17-item wishlist to Santa, Kids 13+ opted for a laptop according to a survey conducted

by Nielsen in October. It may be bigger than they are, but 31 percent of those kids Nintendo 3DS (due out in spring 2011), with 20 percent.

And parents: you might want to save the Nook, Kindle and other e-readers for want it. Another Apple product, the iPod Touch, tied for second place, along with any computer, at 29 percent. In third place: the Nintendo DS portable gaming yourself, since e-readers were the least sought after electronic acquisition by kids, with 11 percent. system, with 25 percent.

Nielsen also surveyed consumers ages 13 and up. Of the top 10 electronics on their Rounding out the top 10 products that kids in this age range covet: wishlists, most overlapped with the kids' top 10 grouping. Only the Blu-Ray player, e• A three-way tie for fourth place: Sony's PlayStation 3, any (non-iPhone) smart reader and Nintendo Wii broke the barrier into the top 10 from the other list. The most phone, and a mobile phone, with 21 percent popular interest among the older crowd is a new computer, followed by tie between • Another three-way tie for fifth place: the Apple iPhone, a television, and the a TV and a non-iPhone smart phone for second place, and the iPad in third.

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Provo Cricket gets Monster Energy The Providenciales Cricket Association gets a well needed sponsorship boast for its 2010/2011 edition of the $20/20 cricket competition, when Monster Energy through distributors Quality Supermarket climbed on board at the beginning of this season, replacing electricity providers Provo Power Company (PPC).

The official introduction of the sponsoring company was done Sunday, November 21, just before the bowling off of the new 20/20 season at the Down Town Ball Park.

Manager for Quality Supermarket, Andy Kuthalingham, told the gathering that his company, which believes is sports development, was only too happy to oblige when approached by the Provo Cricket Association recently. He expressed the hope that his company’s sponsorship of the competition will make a difference through-out its staging.

Shawn Khan, President of the Provo Cricket Association, remarked that without Monster Energy Drink climbing on board through Quality Supermarket, to aid this year’s competition, it would have been difficult to stage the series, as a number of established companies turned down the opportunity to become sponsors.

In addition to sponsoring the cash for the tournament, Monster Energy/ Quality Supermarket will also provided Monster Energy Drinks for participants through-out the tournament. They have also donated a tent for the officials to use, in addition to shirts for all the umpires officiating in the competition.

Quality Supermarket has also fielded a team in the competition this year. The opening match was between them and Jam Turks, which saw the latter coming out on top in that encounter.

Kuthalingham, the captain of Quality won the toss and sent Jam Turks to take first knock. Jam Turks made 120 in their allotted 20 overs. Bowling for Quality, Pawan took 3 wickets for 18 runs off 4 overs and Naga Kuthalingham captured 1 wicket for 20 runs off 3 overs.

In reply, Quality was bowled out for 108 in 16 overs. Andy Kuthalingham top-scored with 25 runs. He got much support from Jeetu with 13 runs.

The competition continues this weekend – Saturday and Sunday – with one game to be played on each day.

During their period of sponsorship, PPC was regarded as a tower of strength for cricket in the country, pumping thousands of dollars in the life of the sport. It has also provided for cricket development through school programmes.

Douglas Brown (right) of Jam Turks, accepts a Monster Energy Drink from Manager of Price Club Sanjay Gopaldas. Quality Supermarket and Price share the same management team. At Second right is Andy Kuthalingham, Manager of Quality Supermarket.

The Quality Supermarket team

The Jam Turks Team

Fraser breaks silence on taking banned Oxycodone

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World and Olympic 100 metres champion Shelly Ann Fraser has said she accepts full responsibility for taking Oxycodone, the banned narcotic which landed her in hot water and earned her a six-month suspension from the sport.

In a widely circulated statement, Fraser explained in detail why she took the painkiller at the International Association of Athletics Federations (IAAF) Diamond League meeting in Shanghai, China on May 23. She said it was her disappointment in being beaten by an "unimaginable margin" and "confusion" caused by the narcotic that led to her failure to declare it following the women's 100m race.

"The time has come for me to explain this issue that has dominated my life over the past four months to the most important people to me -- my family, my supporters and the local and international sporting fraternity," Fraser stated.

Fraser, it had already been revealed, took the substance for a severe toothache following a dental procedure just before the 18-hour-long flight to China for the meet.

"At the end of the race I was

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Shelly Ann Fraser

lethargic, confused and a feeling of depression came over me as I had run one of my slowest times since becoming a professional athlete," she said.

"The margin of loss was also much bigger than I could have imagined. It was in this state of mind that I omitted to list the Oxycodone, which was the last painkiller that I had taken from the list of substances that I had taken to

relieve the pain."

In her statement, Fraser did not say how she came by the drug, but her coach Stephen Francis has admitted he gave it to her.

Consequently, Francis has been warned by the Jamaica Amateur Athletic Association (JAAA) that a repeat of the issue will see more serious steps being taken against him.

"I take full responsibility for this

lapse on my part... I also recognise that this sport is governed by certain rules, including that as an athlete I am responsible for everything that I take, regardless of the source," Fraser's statement read.

The athlete, who returns to competition in January, also emphasised that the substance was neither performance-enhancing nor a masking agent.

"I take this opportunity to affirm my commitment to the highest principles and ethics that govern competition in athletics.

"I have attained Olympic gold and World Championships gold medals from my sheer hard work, grit, determination and honesty in my training and preparation. My achievements on and off the track have all been underpinned by strength of character and support for the laws that govern my undertakings," she Fraser noted.

Meanwhile, Fraser said she was well into preparing for next year's World Championships in Daegu, South Korea, as well as the 2012 Olympic Games in London.

WEST INDIES SPINNER REPORTED FOR SUSPECTED ILLEGAL BOWLING ACTION

COLOMBO – It is ironic, if not surprising, that Shane Shillingford should be reported for a suspected illegal bowling action in the home island of Muttiah Muralitheran, the most successful and famous of all bent-elbow bowlers the game has known.

Shillingford, the 27-year-old West Indies off-spinner, was cited by on-field umpires Steve Davis of Australia and Richard Kettleborough of England, third umpire Asad Rauf of Pakistan, fourth umpire Tyron Wijewardene of Sri Lanka and match referee Alan Hurst following the first Test against Sri Lanka in Galle last week in which he took five wickets.

As with Muralitheran and all others subsequently reported to the International Cricket Council (ICC) for the same reason, Shillingford will undergo an independent analysis of his action within 21 days, to be conducted by a member of the ICC’s panel of human movement specialists.

The ICC explained in a media statement yesterday that if found to have bowled with an illegal action during the analysis, Shillingford faces suspension from bowling in international cricket until he undertakes remedial action and is reassessed.

Until the West Indies Cricket Board (WICB) receives the ICC’s report, he can continue bowling in international cricket, making him available for the second Test against Sri Lanka, starting on Tuesday at the Premadasa Stadium here.

Muraliterhan, Sri Lanka’s most celebrated player, was twice called for throwing on Sri Lanka’s 199596 tour of Australia by umpires Darrell Hair in a Test and Ross Emerson in a One-Day International.

It created a furore. He was later cleared following testing after which the law was changed on the advice of the ICC’s cricket committee to allow a flex of 15 degrees in the elbow on delivery. He ended his Test career earlier this year with exactly 800 wickets to his name, more than anyone else.

Several bowlers have gone through the same process as Shillingford must now.

Some have returned to the international game, others have not.

Although a consistent wickettaker at regional level, lingering suspicions of Shillingford’s action kept him out of the Test team until last June when he had three matches against South Africa.

He was the leading wicket-taker for the ‘A’ team in two four-day and

Shane Shillingford

five ODIs against Bangladesh at home in June and July, bowling to the satisfaction of the umpires.

On that account, he made his Test debut in all three Tests against South Africa last June when his action was passed by the standing international panel of umpires, among them Davis and Rauf.

Shillingford first had the same problems in the 2001 regional season, aged 17, when Test umpire Steve Bucknor, standing at squareleg in the Windward Islands’ match

against the Leewards, no-balled him twice for throwing.

According to the umpires’ report to the ICC, the straightening of Shillingford’s arm “while he bowled some deliveries” was the main concern.

The last West Indians reported for illegal actions were fast bowler Jermaine Lawson, twice, and offspinner Marlon Samuels. Lawson’s second report, in the 2005 Test series in Sri Lanka, effectively ended his career.

African female football team accused of having men

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ABUJA, Nigeria — The Nigerian Football Federation has made an official complaint to the African governing body accusing Equatorial Guinea of fielding two men on its women's soccer team.

"The protest is on. We have lodged our protest with CAF. We are waiting for the response," NFF spokesman Robinson Okosun told The Associated Press on Thursday.

An official at the Confederation of African Football would not immediately comment on the issue.

Equatorial Guinea's federation has denied the allegations against captain Genoveva Anonma and striker Salimata Simpore, saying the claims stem from an "inferiority complex" among rival teams because of the recent success of the tiny west African nation.

Anonma, who plays for German club USV Jena, reportedly told the BBC that she has already been gender tested, which she found "offensive."

Equatorial Guinea qualified for next year's World Cup in Germany after it finished second at the recent African Women's Championship in South Africa, losing 4-2 to Nigeria in

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Equatorial Guinea captain Genoveva Anonma has been accused by the Nigerian Football Federation of lying about her gender.

the final.

Ghana and Cameroon also questioned the players' gender in South Africa, but Cameroon's football federation told The AP it had not made a complaint to CAF. "No, we're not thinking of filing a case against Equatorial Guinea,"

spokesman Junior Binyam said. "We'll wait to see what the outcome is and then we will know what to do."

Equatorial Guinea won the 2008 African Women's Championship at home after beating favorite Nigeria in the semifinals, becoming the only nation other than Nigeria to win the

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title. The team was also accused of fielding male players in that tournament.

"Accusations about the supposed presence of men are totally unfounded," the Equatorial Guinea football federation said in a statement on Tuesday. "(We) consider the information issued as evidence of an inferiority complex. "(The allegations) are by groups of people that watch with pessimism the progress made by Equatorial Guinean soccer."

CAF will likely be under pressure to act, with FIFA unwilling to risk the embarrassment of men playing in the women's World Cup. Coincidentally, the accusations surfaced in South Africa, home to 800meter world champion runner Caster Semenya, who has been involved in a high profile gender dispute.

Semenya, who was also accused of being a man competing as a woman, was subjected to gender tests by international athletics' governing body and didn't compete for 11 months before being cleared to run as a female in July.

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One year after scandal, Woods tries to move On WORLD SPORTS

MELBOURNE, Australia — The dark sedan backed into a spot next to the clubhouse at the Australian Masters, trunk open, waiting to whisk Tiger Woods to the airport. Lingering behind the car was a friend who was still wrestling with divided loyalties — to Woods and his former wife.

They approached each other, awkwardly at first, then shared a quick embrace and quiet words.

Woods believes he finally is ready to move on after a self-destructive year that cost him his marriage, his mystique, millions in endorsements and, lastly, his No. 1 ranking.

What remains are relationships to repair, along with his golf game.

Woods realizes the public might forever connect him and Thanksgiving with perhaps one of the most shocking downfalls in sports.

It started with the National Enquirer story of an affair with a nightclub hostess. Then came the still mysterious, middle-of-the-night accident Nov. 27 when he drove his SUV over a fire hydrant and crashed into a tree beyond his driveway. His wife tended to him in the street, the back windows of the Cadillac Escalade bashed out with a golf club.

On the 911 call was the chilling voice of his mother as she cried out, "What happened?"

One year later, that remains a relevant question.

No one really knew much about Woods except that he dominated golf like no one had before. Within weeks, everyone knew too much.

He was caught in a stunning web

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Woods (L) believes he finally is ready to move on after a self-destructive year that cost him his marriage with ex-wife Elin Nordegren (R), his mystique, millions in endorsements and, lastly, his No. 1 ranking.

of infidelity, each indiscretion played out in public through voicemails, celebrity magazines, TV talk shows and even "sexting" on a porn star's website. He became a regular in the National Enquirer. He was on front pages everywhere, long after the major championship season was over.

Woods had spent 14 years carefully cultivating an impeccable image that brought him worldwide fame. Just like that, he went from being universally revered to roundly ridiculed.

"That's fine, totally fine," Woods said in Australia, leaning forward on a leather sofa, elbows resting on his

knees. "I made my share of mistakes.

People can look at that as what not to do, and if they choose to make fun of it, that's fine. I can't control that. All I know is that I can only control myself.

"And at that point in my life," he said, "I wasn't even able to do that."

At a gala dinner in the Crowns Tower, the same hotel where the nightclub hostess was spotted a year earlier, Woods shared the stage with Shane Warne, known as the Tiger Woods of Australian cricket, on and off the pitch.

Warne built his legend as a wicked leg spinner — and a prolific womanizer.

Wimbledon will put tennis on the Olympic map, says Federer

LONDON - Staging the Olympic tennis at Wimbledon for the 2012 Games will help give the unheralded event the fanfare it deserves, says Roger Federer.

When the sport slotted back into the Olympic program in 1988, it did so with a comfortable click rather than any pyrotechnics, but its Olympic image could be in line for a revamp thanks to the iconic setting of the next event.

Federer, a champion at the All England Club six times in a glittering career, now cannot wait for his chance to win a singles gold medal on the green turf having fallen short in his three previous Olympic attempts.

"The beauty of it being at Wimbledon is huge for the world of tennis. At the Olympics, the focus is on swimming and athletics and tennis has been forgotten a little bit," the 29-yearold told Reuters during an interview at a stately London hotel.

"At the last couple of Olympics, we've seen the best players are always playing. Rafa (Nadal) winning the singles in Beijing, me winning the doubles over there, that was great news for tennis in an Olympic spirit.

"In London, with the heritage we have for tennis through

"I think we've got a little bit in common," Warne said with a smile, pausing for effect. "I love golf, too."

Woods flashed an easy smile, breaking the brief tension in the room, and the audience quickly burst into laughter. It was the first time Woods has laughed publicly about such an embarrassing episode in his life, perhaps a sign that he had indeed turned the corner.

On the golf course? Not quite.

With two eagles on the last four holes of the Australian Masters, he at least managed fourth place, as good as he did all year. For the first time in his career, Woods didn't win a single trophy. Instead, he shot the highest 36hole score of his career when he missed the cut at Quail Hollow, and the highest 72-hole score of his career when he nearly finished last at Firestone.

In so many ways, it was a year no one could have predicted.

"Frenetic would be a word that comes to mind," said Mark Steinberg, his agent at IMG. Steinberg was in California when he received word that Woods had been in an accident. He was aware of the National Enquirer story that had been released the day before Thanksgiving, and he was about to learn of an Us Weekly magazine story involving a cocktail waitress, and a voicemail from Woods suggesting his wife was onto them.

For three months, that voicemail was the only time the public heard Woods speak.

Wimbledon, it's probably going to be the biggest tennis Olympics we're going to have," added Federer, who was reduced to tears after unexpectedly winning a doubles gold in 2008.

Despite his voice "starting to fade" after speaking for more than two hours about the season-ending finals, Federer was eager to talk up the benefits of staging the Olympic tennis event on such an iconic stage, especially since it will take place just three weeks after the grasscourt major.

"It being in London will help the cause," the 16-times grand slam champion, looking dapper in a navy suit and tie, said while taking repeated swigs from a water bottle.

"We don't have to travel an extra thousands of miles to get to the venue as we travel enough. Before you had some guys who did not like playing on grass at all so they would just skip it.

"But now it's different. Everybody today plays on grass. For raising awareness for tennis at the Olympic Games, I think London is going to be the perfect place."

Roger Federer

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