HE GOVERNOR, GORDON WETHERELL PRESS STATEMENT ON
THE POSSIBLE SUSPENSION OF THE TCI CONSTITUION
AND THE NEED FOR OTHER LEGISLATIVE AND ADMINISTRATIVE REFORMS
 
PROVIDENCIALES, Turks and Caicos Islands; Thursday, July 2nd 2009 – “On 16 March 2009, I published the Interim Report of the Commission of Inquiry into whether there was information that corruption or other serious dishonesty in relation to past and present elected members of the TCI House of Assembly may have taken place in recent years.  In his Interim Report, the Commissioner, the Rt Hon Sir Robin Auld, found there was information in abundance pointing to a high probability of systemic corruption or serious dishonesty.  In Sir Robin’s view this, together with clear signs of political amorality and immaturity and of general administrative incompetence, demonstrated a need for urgent suspension in whole or in part of the Constitution and for other legislative and administrative reforms.
 
On 31 May Sir Robin Auld delivered his Final Report to me.
 
In that Report, the Commissioner has confirmed that nothing that has happened since he submitted his Interim Report has prompted him to change his original view.  His close examination of the information and evidence before the Inquiry has reinforced, not weakened, his conviction of a need for urgent and wide-ranging systemic change.
 
On systemic weaknesses, he confirms the recommendations in his Interim Report covering the Partial Suspension of the Constitution and Interim Direct Rule, Criminal Sanctions and Civil Recovery, Integrity in Public Life, Crown Land Allocation, Sale and Management, and a New Constitution. Some recommendations focus on deterring or preventing corruption and other serious dishonesty, and others look at the broader constitutional and statutory framework of governance.  He recommends the appointment of an independent expert on the management and allocation of Crown Land as well as strengthening the Governor’s Office and Attorney General’s chambers.
 
The Commissioner’s Final Report also makes preliminary findings and recommendations including the institution of criminal investigations in relation to former Premier Michael Misick, and four of his former Cabinet ministers, of possible corruption or other serious dishonesty. It confirms the recommendation in the Interim Report for the establishment of a Civil and Criminal Recovery Unit and the appointment of a Special Prosecutor.
 
The Commissioner states that the information he has gathered points to a high probability of systemic corruption and/or other serious dishonesty involving past and present elected Members of the Legislature in recent years.  This same information (and his preliminary findings against individuals) has highlighted weaknesses in the law and its administration.
 
Although I had hoped to publish the full Final Report now, I am not yet able to do so owing to legal proceedings brought in TCI by two developers, Dr Cem Kinay and Mr Mario Hoffman. Consequently I hope to publish a redacted version of the Final Report as soon as possible. I remain firmly committed to publishing the full Report and will continue to defend the legal challenges and appeals so that I can do so.  I strongly believe that the people of TCI deserve to see the entirety of the Final Report.
 
Legal proceedings are also ongoing in the UK, relating to the Order in Council made on 18 March which would suspend parts of the TCI Constitution. This was to be expected and it will take time for this to run its course.
 
However, I am determined to push forward now with the implementation of recommendations in the Final Report that do not depend on entry into force of the Order in Council.  In order to ensure that good governance can be re-established as swiftly as possible in the TCI, I have therefore begun, with the full support and assistance of the UK Government, to appoint experts to work in areas of concern highlighted in the Final Report. These include: a Special Adviser to the Governor to oversee reform of the Public Service; three Public Finance Management Advisers; an Economic Adviser; a Good Governance Adviser; and a Crown Land Adviser.   Direct support for my office has also been increased with the appointment of an additional senior official from the Foreign and Commonwealth Office.
 
A Special Prosecutor and Head of the Civil and Criminal Recovery Unit, and a Senior Investigating Officer have been identified and the necessary procedures relating to their appointment are now underway. The holders of these positions will work together with a team on the investigations recommended by the Commission. I will announce further details soon.
 
I know that many of you, like me, wish we could have gone further today. But I can reassure you that our objective remains implementation of the Order in Council and publication of the Commission of Inquiry’s Final Report in full. We will not be deflected from that dual objective and will continue to defend legal challenges to its achievement. Meanwhile we are proceeding with implementation of the Commission of Inquiry’s recommendations and remain determined to do everything in our power, as swiftly as possible, to tackle systemic corruption and restore good governance in TCI.”
 
Gordon Wetherell
Governor
2 July 2009