VOLUME 13 - NO. 43
NOVEMBER 18TH, 2017 – NOVEMBER 25TH, 2017
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LAND FLIPPING NOT ILLEGAL, SAYS ARIEL
Ariel Misick, QC
by Hayden Boyce Publisher & Editor-in-Chief
P
rominent Queen’s Counsel Ariel Misick told the Special Investigation and Prosecution Team (SIPT) corruption trial that there was nothing illegal about Belongers “flipping” land. “There is nothing illegal if someone who has acquired Crown land sells it off unless there is a restriction,” he told Mr. Justice Paul Harrison who is presiding over the case. “But you would have to look at what is the nature of the transaction and the arrangement between the government and the person who flips.” Misick added that acquiring land and selling it on at a higher price was “normal in the commercial world”. The issue of land flipping has been a major plank of the case of the prosecution which is being headed by Queen’s Counsel Andrew Mitchell. However, if there is a discount on a transfer and there is a sale within ten years, that would need to be repaid to the government, he said. Misick made the observation while being questioned by Richard Bendall, the lawyer for former Speaker Clayton Green, about a 5-acre piece land on Water Cay which the late Aulden “Smokey” Smith acquired under the People’s Democratic Movement (PDM) government in 2002 and sold in March 2006 for $2.2million. Misick was the lawyer for Peter Wherli who bought the land from Smith. He said he had no concerns about the legality of the transaction as there was no discount to be paid to Government, nothing which restricted Smith from selling the land and there
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F
Flow TCI Mission Day 2017 A Massive Success
low Turks and Caicos hosts a Return To Happiness Initiative with over 500 students and teachers at the Oseta Jolly Primary School. On Thursday, November 16th the entire staff base of Flow Turks and Caicos along with over 500 students and teachers from the Oseta Jolly Primary School observed the 3rd annual Mission Day. Mission Day is a companywide program where
was nothing shady about the source of the funds. He said he was totally involved in the mechanics of the transaction and was satisfied that it was all done above board. “It never occurred to me that the transaction involved the commission of a crime,” Misick said, noting that what happened after the transaction closed was of no concern to him. However, Misick told the court that Smith made it appear as though he was going to develop the land, when in fact there were
Thanks a million to FLOW for keeping us continuously connected throughout Hurricanes Irma and Maria. Your staff proved yet again that you’re the most reliable, caring, trustworthy telecommunications network and provider in the Turks and Caicos. From Management of Turks and Caicos SUN, Airport Hotel, Occasions Ballroom
employees come together to demonstrate the company’s mission to Connect Communities and Transform Lives by volunteering their time and efforts to a charitable cause in their community. Pictured here are Flow Country Manager, Delleriece Hall, staff members and some of the students of the Oseta Jolly Primary School having a blast at the events.
indications that he was going to sell it. Misick said the reason why Wherli paid Smokey such a high price, almost three times as much, for the land was land because it was right in the middle of the proposed development and had added value to the purchaser. Transfer of land carries stamp duty and transfer of shares also carries stamp duty but at a different rate. Responding to a question from Earl Witter, QC, the lawyer for Floyd Hall, about the granting
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concessions to foreign developers, Misick said: “What I can state is that they quite often referenced other territories in which they had interest and which also had concessions of a similar kind to what TCI was offering.” The award of concessions to investors was an important feature of successive government to attract investment to the Turks and Caicos Islands. “Even before we had political parties we had those incentives,” he added.
We wish to express sincere thanks and gratitude to the management and staff of FORTIS TCI for restoring power to the Airport Hotel Plaza very shortly after Hurricane Irma. Our situation demanded great ingenuity, flexibility and resourcefulness and your workers demonstrated those qualities in abundance. From the management and staff of Turks and Caicos SUN, Airport Hotel, Occasions Ballroom, Tumble Totz Daycare.