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