Report On The Partial Suspension Of The Constitution Of The Turks And Caicos Islands

A report on the partial suspension of the constitution of the Turks and Caicos Islands, a British overseas territory, and the provisions in their place for the interim governance of the Islands by the Governor.

Introduction

On Friday, August 14, 2009, the British Government partially suspended parts of the Turks & Caicos Islands (TCI) constitution. The announcement was made by His Excellency, Governor Gordon Wetherell in a broadcast made live to the nation at 10am on the same date.

In his address, the Governor stated that the suspension would be for a period of 2 years, subject to an extension or an abbreviation as necessary. During this period, the Governor will be responsible for the government of the Turks and Caicos Islands.

Background to the Suspension

1. Commission of Inquiry

   Sir Robin Auld, a retired English Court of Appeal Judge was appointed on 10 July 2008 as sole Commissioner under a warrant signed by the previous Governor of the TCI, His Excellency Richard Tauwhare MVO, pursuant to the Commissions of Inquiry Ordinance.

   The warrant required Sir Robin to conduct an inquiry and to report his findings and recommendations on the following:

   the possibility of corruption, or other serious dishonesty in relation to past and present Members of the Legislature of the TCI A Commission of Inquiry was held during a four week period ending on 11th February 2009.

2. Reports

   Following the inquiry, the interim report was issued on 28 February 2009 ("the Interim Report").

   The report confirmed that Sir Robin was satisfied that there was a "high probability of systemic corruption and/or other serious dishonesty involving past and present elected Members of the House of Assembly and others in recent years."

   The final report of Sir Robin was published on the 18th July 2009 on the Turks & Caicos Islands Commission of Inquiry website, www.tci-inquiry.org.

   In that report, Sir Robin made recommendations including the following:

   The partial suspension of the 2006 Constitution and the introduction of interim direct rule from Westminster acting through the Governor; The provision for special criminal process and civil recovery of assets arising out of any criminal or other investigations prompted by the final report; Trial by judge alone, without a jury; Improvement of standards of integrity in public life; Statutory reform of the system for administration and disposal of crown land in the form of a Crown Land Ordinance; On return of the TCI to ministerial...