PUBLIC NOTICE FROM:

THE TURKS AND CAICOS ISLANDS
GOVERNMENT INFORMATION SERVICE (TCI-GIS)

GOVERNOR TAUWHARE APPOINTS COMMISSION OF INQUIRY
OFFICIAL REMARKS


PROVIDENCIALES, Turks and Caicos Islands; Thursday, 10th July 2008 - " In exercise of my powers as Governor under the Commissions of Inquiry Ordinance, I have today, Thursday
10th July 2008, appointed a Commission of Inquiry to inquire into whether there is information that corruption or other serious dishonesty in relation to past and present elected members of
the House of Assembly (previously known as the Legislative Council) may have taken place in recent years. It is to report to the Governor within sixteen weeks its preliminary findings and
recommendations concerning:
a) instigating criminal investigations by the police or otherwise
b) any indications of systemic weaknesses in legislation, regulation and administration
c) any recommendation that the inquiry's terms of reference be extended
d) any other matters relating thereto.

In relation to (a), the Commission is directed to refer such information and/or evidence it may obtain to the TCI prosecuting authorities.

The Commission will be led by the Rt Hon Sir Robin Auld QC. I am grateful to Sir Robin for agreeing to undertake this important role and feel that we are privileged to have secured the services of a Commissioner of such eminence and experience. Former Lord Justice Auld has sat on the Court of Appeal of England and Wales from 1995 to 2007, and was for some time the Senior Presiding Judge for England and Wales. He was Counsel to the Inquiry into the Brixton Disorders in 1981, and for the British Government before the Australian Royal Commission into British Nuclear Tests in Australia in 1984-85, Chairman of the William Tyndale Schools Inquiry from 1975-76 and of the Inquiry into Sunday Trading from 1983 to 84. In 1999-2000, he conducted the Review of the Criminal Courts of England & Wales. He also has experience of this region, having served as a Member of the Commission of Inquiry into Casino Gambling in the Bahamas during 1967, as acting Chief Justice of the TCI for a short period in 2005, and now as a Justice of the Court of Appeal, Bermuda.

It will be for Sir Robin Auld to determine, within the provisions of the Ordinance, how he wishes to proceed. He will make a short initial visit to the TCI next week followed by a period of preparation in the UK leading to his main visit to the TCI in September/October. He will thereafter submit the Commission's preliminary report and recommendations to my successor, Governor Wetherell, by 3 November.

Governor Wetherell will then consider how best to proceed in the light of the Commission's preliminary findings, including whether to extend or amend the Inquiry's terms of reference. It would not be sensible for me now to prejudge whether or how the Inquiry might be extended. These matters will need to be assessed in the light of the Commission's preliminary report.

At the same time, any information which might be relevant for a criminal investigation would be passed directly by the Commission to the Hon Attorney General who in turn could request the police to undertake investigations which could lead to criminal prosecutions. It is important to understand that it is not the role of the Commission itself to conduct a criminal investigation or prosecution. Any matters of a potentially criminal nature which come to light as a result of its work will need to be the subject of investigation by the police and, if appropriate, prosecutions brought by the Attorney General.

We will all recognize that appointing a Commission of Inquiry is an extremely serious step. I have taken this decision only after the most careful and detailed deliberation. I did so following an instruction from the Secretary of State for Foreign and Commonwealth Affairs to consider in accordance with the Commissions of Inquiry Ordinance whether a Commission should be appointed.

I am of course conscious that some, including the UK Parliament's Foreign Affairs Committee in their report issued on 6 July, have argued that a Commission of Inquiry should have been appointed earlier. The challenge has been to judge whether the information available has been sufficiently credible to justify such a significant step. The political significance of this step cannot be ignored and so it is absolutely vital that it is based on sufficiently substantive information.

I have nonetheless taken all allegations of corruption brought to my attention extremely seriously and I have encouraged anyone who has evidence of corruption to come forward. It has been argued that many are fearful of coming forward with such evidence, but I have always made clear that anyone can write or speak to me in complete confidence. Some have done so, and I have fully respected their confidence. As a result, a number of allegations have been or are currently the subject of enquiries by my office, by auditors, by the Public Accounts Committee or by the police.

In the light of all the allegations and other indications of possible corruption or other serious dishonesty in relation to elected members of the House of Assembly (Legislative Council), which I have received and which have been brought to my attention over a period of time both in oral and in written form, I have now concluded that there exists a matter of public importance requiring the appointment of this Commission of Inquiry.

I encourage anyone who has any information about possible acts of corruption or other serious dishonesty in relation to past and present elected members of the House of Assembly in recent years to be prepared to provide the fullest possible account to the Commission. The Commissioner will provide details of how any information can be provided to the Commission during his forthcoming visit.

I am directing the Commission to conduct such parts of the inquiry as it may deem appropriate in camera in the interests of confidentiality. In the event that evidence is given by any person before the Commission, such evidence shall not be admissible against him or her in any civil or criminal proceedings by or against him or her, except where he or she is charged with perjury or contempt. In addition, the Commissions of Inquiry Ordinance provides that anyone who attempts to interfere with this process is liable on conviction to a fine, imprisonment or both.

In addition to receiving voluntarily submissions by members of the public, the Commission also has powers to summon any person in TCI to attend to give evidence and/or to produce any article or document. Failure to comply would be an offence.

I anticipate that some, from both political parties, may see this action as politically motivated. I categorically state for the record that this is not the case. Neither I, as Governor, nor Her Majesty's Government in the United Kingdom have any wish or intention in any way to interfere with the democratic process in the TCI. I have striven to maintain scrupulous impartiality and neutrality between the political parties at all times.

I would point out that the period of time to be covered by the Commission of Inquiry relates to conduct that may have taken place 'in recent years'. This therefore enables the Commission to inquire into conduct that took place before the present Government came to power in August 2003.

The Commission is directed to inquire into possible acts 'in relation to elected members, past or present, of the House of Assembly'. This includes members from either party, and also those persons who are no longer Members or holding Ministerial office. The option will remain for these terms of reference to be amended or extended after the Commission has submitted its preliminary findings.

In addition to inquiring into possible corruption or other serious dishonesty, I am also asking the Commission to report on any 'systemic weaknesses in legislation, regulation and administration' which it may identify during its proceedings. A number of important steps have recently been taken or are underway to reduce the scope for corruption and to improve our capacity to identify it and to address it when it occurs. These include the establishment of the Integrity Commission, the Human Rights Commission, the Complaints Commissioner, the Ministerial Code, the Public Service Code of Ethics and Integrity and revision of General Orders, the appointment of a highly-experienced new Chief Auditor, the adoption of a comprehensive Proceeds of Crime Ordinance, and advanced work on a Crown Land Bill and a radically-revised Immigration Bill. I hope that the Commission's recommendations will highlight any further strengthening of our institutions, legislation and procedures necessary to ensure that all government business is conducted with integrity, transparency, fairness and accountability.

Finally, although the work of the Commission may give rise to some concerns and uncertainties, the bottom line is that anyone who has done nothing wrong need have nothing to fear from nor any reason to resist its establishment. I am confident that all law-abiding citizens of the TCI will recognize that any serious allegation against those holding elected office needs to be, and to be seen to be, thoroughly investigated to ensure that our government remains free from corruption or other serious dishonesty.

Only by doing so can we ensure that TCI's reputation is firmly established as a jurisdiction based on the rule of law and on the integrity of all who hold high public office.

I have tried to make this statement comprehensive so that you, the people of the TCI, will be as fully informed as possible about the reasons behind this decision and what will happen next. I have had to choose my words carefully to ensure that everything I have said was strictly accurate and balanced. I have said all that I am able to say on the matter and do not intend to comment further on it.

I will now, in the last few days remaining to me in the TCI, focus my efforts on ensuring that the Commission is given the best possible start to its important work. But my successor has been fully briefed and will, I am sure, be fully ready to take up the challenge. I offer him my very best wishes as he does so.

Since I will very soon be leaving the TCI to take up a new appointment in the UK, may I take this opportunity to express my profound thanks to the people of the TCI for having afforded me the honour and privilege of serving you during the last three years. It has not always been easy and there have been many challenges to overcome along the way, as TCI has grown and developed at a phenomenal pace.

More challenges undoubtedly lie ahead. But I am personally convinced that TCI has reached a turning point in its history. With new hotels, roads, ports, airports, hospitals and schools being completed; with new institutions, laws and procedures coming into force; and with the work of this Commission of Inquiry clearing the air and setting straight any areas in which we may have gone astray, the TCI will attain a new level of political, social and economic maturity.

The future of the TCI holds great promise. We have a huge amount going for us: friendly, skilled and increasingly highly-educated people; a still largely-unspoiled environment of a beauty which is unsurpassed anywhere else in the world; and a democratic, constitutional system of government capable of managing and overcoming the sorts of challenges which occur in any rapidly-developing society. With God's grace, with effective, inspiring and trustworthy leadership and with honest hard work, TCI has the potential to become one of the greatest of all small countries in the world.

My family and I offer our sincere thanks to everyone who has lent us their friendship, support, guidance and encouragement. We have deeply appreciated it and will always treasure the best of memories of our time spent here with you. Our very best wishes for the future and may Almighty God continue to bless you and to bless these Turks and Caicos Islands."

Richard Tauwhare,
Governor