4
NEWS
TURKS AND CAICOS WEEKLY NEWS
January 12 – 18, 2013
Government seat contested in court – Decision may result in by-election By Daisy Handfield AN UPHEAVAL in government could be on the cards following a contentious court battle involving three electoral candidates. Allocation of the Cheshire Hall and Richard Hills district seat was called into question by the People’s Democratic Movement (PDM) at Providenciales Supreme Court this week. The judge’s final decision, yet to be announced, could lead to a by-election and a potential shift in power for TCIG. Facing the stand before Justice Margaret Ramsey-Hales was People Progressive Party (PPP) candidate Dr Edward Smith. Despite placing last in the district election with just 58 votes, concerns were raised over his eligibility to run due to his dual citizenship in USA and the TCI. If Smith is found to have breached legislation, the results of the election could be called into question. With Progressive National Party (PNP) securing government ruling by just one seat ahead of the PDM, a by-election could result in a significant shift in a political power. The monumental case was heard at Providenciales Supreme Court from Monday, January 7, to Wednesday, January 9. All three party representatives who ran in the elections for the Cheshire Hall/Richard Hills district were present. Representing PNP’s Amanda Missick was Ariel Missick QC, Allan Wood QC represented PDM’s Oral Selver and PPP’s Dr Edward Smith represented himself. US CITIZEN First to the stand was PDM’s Selver who said he was unaware prior to the elections of any reason why Smith
should not run. Missick asked him if he ever had any conversation with Smith regarding him being disqualified, and he said he had not. Selver went on to say that an envelope had arrived at his office containing Smith’s passport but he was not aware whether or not he was disqualified because he had no solid evidence. He said that he was aware that Smith was a US citizen but he was not aware of whether or not he had renounced his US citizenship. He added that he and his party made it clear that they would not dwell on issues pertaining to opposing candidates. OATH OF ALLEGIANCE When PPP’s Smith was called to the stand he said that during elections he heard comments stating that he was not eligible to run. However, prior to his nomination on October 25, 2012, he took an oath of allegiance to the Queen which negated his allegiance to the US. He revealed that he considered himself eligible to partake in the general elections so he did not mention that he had renounced his citizenship. Smith revealed that he was acquainted with PDM’s Selver from 2010 and added that they had political discussions at Sweet T’s prior to nomination day. During these discussions Selver and other individuals asked him whether or not he had given up his US citizenship, he claimed. Smith revealed that during his time living in the United States, he maintained a very close relationship with the Turks and Caicos Islands. He formed an internet association called TCI Forum, where they would meet online through teleconference and discuss on-going issues in the TCI. He is also the founding member
Published by Turks & Caicos News Company Ltd. Cheshire House, Leeward Highway, Providenciales P.O. Box 52, Turks & Caicos Islands, BWI W. Blythe Duncanson – Publisher/Editor-in-Chief Faizool Deo – Sports Cord Garrido-Lowe – Graphics/Production Editor Dilletha Lightbourne-Williams – Office Manager Email: (Advertising) tcnews@tciway.tc, (News) tcweeklynews@yahoo.com, tcweeklynews@gmail.com (Talk Back) tcweeklynews@gmail.com Tel. 649-946-4664 (office), 649-232-3508 (after hours) Website address: www.tcweeklynews.com
Dr Edward Smith
of the TCI Diaspora, a group that consists of Turks and Caicos Islanders that lived in the United States. When he returned to the TCI in 2010, he continued to engage in political activity by writing in newspaper, blogs and also making radio and television appearances. UNAWARE OF ISSUE Leader of the PPP, Harold Charles said on the stand that when he selected his candidates, he was unaware of any dual nationality issue. Ariel Missick alleged that on nomination day Charles did not have anyone else to replace the candidates so continued anyway so as to not
suffer from embarrassment. Charles disagreed, claiming this was not true and he would have found it more embarrassing being caught breaking the law. He told the court that after hearing what the law said about dual nationalities, three to four weeks prior to the general elections the party wrote a letter to the Attorney General’s office to verify whether or not they were eligible to run. The court stated that in a previous testimony, Charles confirmed that all of his parties’ candidates were dual status free. However Charles argued that he did not recall ever making such a comment because PPP candidates Zhavhago Jolly and Dorell Pratt-Delancy were born in the Bahamas and Charles himself was born in Haiti. Charles said he told Smith what the law stated about the oath and that this meant that Smith would automatically lose his US citizenship. Smith allegedly said he was fine with that and that he no plans in living in the States anymore. According to Charles, Smith made several calls to the Nassaubased US embassy, given the belief that he was qualified he was then nominated to run. PASSPORT NOT CANCELLED US immigration lawyer Allan
Rockwell gave a witness statement along with reports and credentials on November 30. In the statement he said that to be issued, granted or to ever have a US passport verified, the individual must pledge allegiance to the United States. “When a person is naturalised, they are the same as a US citizen,” he stated. The requirements for naturalisation include residency, no criminal issues in an individual’s background, a citizenship along with an English test and an oath of allegiance to the US. After everything is verified, the individual receives a certificate of US naturalisation at the oath ceremony. Renouncing of US citizenship must be voluntary, Rockwell said, He added that once an individual renounces their US citizenship, the US passport is usually taken by the counsellor or a diplomatic official. The process of renunciation is not finalised until the individual receives a certificate of renunciation. The passport would also say cancelled clearly on it. Smith’s passport was stamped early July 2012 during his travel to the United States. He confirmed that his passport had never been cancelled or surrendered. The judge is yet to announce her decision on the case.
SPARKS FLY: The government team and Fortis members discuss the factors driving up the cost of electricity
Premier and Fortis join forces to cut electricity costs PREMIER Rufus Ewing took the first step in his bid to see electricity costs drastically cut when he and fellow ministers met with Fortis this week. Ewing spoke of the high cost of electricity to consumers and presented solutions to the electricity company’s management team. He said there remained a need to create policies that would result in the reduction of electricity cost to TCI consumers in a sustainable manner. The meeting was held at the Premier’s Office inside the NJS Francis Building, Grand Turk. During the discussion the group talked about the factors driving up the cost of electricity and analysed possible solutions to the problems. They included reducing cost of fuel importation, improving energy
efficiency in the homes, consumer generation of alternative energy and selling back to the grid and commercial generation of alternative energy for sale to consumers via Fortis. The ministry team agreed to focus on the development of a new energy policy along the lines of the solutions that were discussed. Premier Ewing said: “It was very important to have met the president and CEO of Fortis parent company out of Canada, to outline firsthand the challenges faced by the consumers in the TCI and to hear the concerns of Fortis and foster a working relationship that is mutually beneficial that would result in a significant and sustainable reduction in the cost of electricity to our consumers.” Also present at the meeting were
Minister of Finance Washington Misick and Minister of Government Support Services (GSS) George Lightbourne. Lightbourne urged that Fortis “hear the cries of the people”. He highlighted that some consumers have been forced to use their entire salary to pay electricity bills. The Fortis team was headed by president and CEO Stan Marshall who was accompanied by Eddington Powell and Allan Robinson. They welcomed the ideas and suggestion by the TCI Government officials and noted that efforts are currently being made to address the concerns of all parties. Also in attendance was the Permanent Secretary of GSS Wesley Clerveaux, Electricity Commissioner M Cummings and Ronlee James, the Premier’s Head of Secretariat.