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British secrecy gone mad
Anonymous
Posted: Saturday, August 13, 2011

Posted: 7/23/2009 10:51:45 AM

By: knightmare3000

"my lord the lady does protest too much" it seems when they go to that length to say they were not involved,then by golly they had some involvement. there is more to this that meets the eye there.


Anonymous
Posted: Saturday, August 13, 2011

Posted: 7/22/2009 2:39:56 PM

By: David Marchant

It is ironic that, due to their attempts to avoid publicity through legal action, Mario Hoffman and Cem Kinay, have, in reality, drawn maximum interest to their suspicious dealings with the Turks and Caicos Islands.

They have, no doubt, spent hundreds of thousands of dollars on legal fees in order to bring about the one thing that they were trying to avoid - waves of publicity.

David Marchant


Internal Administrator
Posted: Saturday, August 13, 2011
Joined: 10/12/2010
Posts: 5779


Posted: 7/22/2009 2:21:03 PM

By: David Marchant

The British legal system is one of the best friends anyone can have if they are caught up in suspicions of wrongdoing.

A great example of the British obsession with secrecy and its absurdity in the age of the Internet is the fight by two developers, Turkish national Cem Kinay and Slovakian national Mario Hoffman, to have their names removed from a Commision of Inquiry report into possible corruption by the Turks and Caicos Islands Government.

Following a successful legal application, a TCI Court ordered that their names be removed from the final report. A redacted version of the report was posted to the Commission's web-site at http://www.tci-inquiry.org on Saturday, July 18.

However, it was removed later thay day because, apparently, it was possible to unredact the report and read their names.

It is all redundant,though, because an unredacted version of the report can be downloaded from the whistleblower web-site at http://www.wikileaks.org.

I urge everyone to read the report. It tells a story of elected officials crudely lining their pockets apparently without any regard for law or morality.

I also urge you to visit http://www.suntci.com/index.php?p=story&id=263, where you can read a statement by Cem Kinay (copied and pasted below), in which he ridiculously paints himself as an "innocent victim" in respect of having his dirty laundry washed in public. Search for "Kinay" in the unredacted report available at Wikileaks.org and decide for yourself whether you think he is "innocent".

Cem Kinay's statement reads:

Early on Saturday July 18th 2009, the Turks and Caicos Commission of Inquiry published a redacted version of Sir Robin Auld’s Final Report. The purpose of redacting the report insofar as it related to Dr. Kinay was to remove adverse references to Dr Kinay and his companies.

However, as His Excellency the Governor later acknowledged, it became apparent that it was possible to access the unredacted text and Dr Kinay asked him to take steps to have the Final Report removed from the Commission’s website.

Dr Kinay felt obliged to seek and obtain an urgent injunction to prevent further publicity being given to the unredacted report and any further damage to his reputation and business interest.

Publication of the report in its unredacted form is a serious matter which has interfered with the administration of justice of these islands. The application for the injunction was supported by the Attorney General The Chief Justice had found on June 18th, 2009 that the adverse findings made against Dr. Kinay were unlawful and that it is unlawful for the Governor to publish those findings. The Governor has appealed that decision. There is now a real risk that if the appeal fails, Dr. Kinay would be prejudiced and the manifest purpose of the court’s ruling would have been undermined.

By July 21st, 2009 it had become apparent that the unredacted report was widely available. In response to evidence of that and an application by Turks and Caicos Weekly News and WIV Channel 4 News Dr. Kinay did not seek the continuation of the injunction.

It was accepted that Dr. Kinay was an innocent victim of the disclosure of the unredacted report.

Those adverse references had been made unfairly. Regrettably they have now been given publicity. That does not make them fair when they are not.

Background

On June 18th, 2009 in Action CL 93/09, the Supreme Court of Turks and Caicos Islands decided that any adverse reference to Dr Cem Kinay or his companies should be removed from the Final Report of the Turks and Caicos Islands Commission of Inquiry. Furthermore, the Supreme Court granted a declaration that the Commission’s refusal to remove all adverse references to Dr Kinay from the final Report, and its refusal to recommend non publication in the final Report of any adverse references to him was unlawful.
The Chief Justice then concluded: “I am satisfied that Dr Kinay has not been given a fair hearing ….. He had a legitimateexpectation that the Commission would follow its own procedures … and it failed to do so.”

In a passage of his judgment commenting on these facts, the Chief Justice said that the clear and almost total failure of the Commission to follow its own procedures: “ …was made worse by the fact that it appears to have been a conscious decision by the Commission not to advise Dr Kinay of the allegations. When Dr Kinay took the initiative to write to the Commission, he received no response until after the close of the hearing. The allegations made by counsel to the Commission raised matters which had not been addressed in the hearing and about which no warning had been given to Dr Kinay. His letter to the Commission had been sent in time to allow a response and an opportunity to give evidence but it was apparently ignored. No opportunity or further advice was given to him.”

First on July 18, 2009 Saturday and later on July 20, 2009 Monday in Action 142/2009, the Supreme Courts of the Turks and Caicos Islands ordered that “The Defendants, their servants or agents are restrained from publishing in legible or audible form or in any form which may be edited, copied and viewed any redacted part of the Report of the Turks and Caicos Islands Commission of Inquiry 2008- 2009 (“the Redacted Parts of the Report”) until trial or further order.”


Anonymous
Posted: Saturday, August 13, 2011

Posted: 7/24/2009 12:27:06 PM

By: knightmare3000

I think it has to do with politics. also political campaign contributions and soft money donations. other influences are whether the person involved has a successful enterprise that favors the local economy. if you put lock them away in jail, then the whole society/job force there suffers. so leniency in the law is the norm


Anonymous
Posted: Saturday, August 13, 2011

Posted: 7/23/2009 2:39:32 PM

By: David Marchant

What sort of legal system offers protection to someone who is implicated in corruption by a government-commissioned inquiry?

How does the narrow self-interest of a suspected law-breaker outweigh the wider interests of society?

David Marchant


 

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