TCI Attorney General’s Chambers loses case against Clyde Robinson, wins against Richie Arthur
From TCI Sun
The Attorney General’s Chambers and the Civil Recovery Unit have lost the land-flipping case against former Director of Planning Clyde Robinson, but they won the court action that was brought against Richie Arthur, the former pilot for ex-Premier Michael Misick.
Both judgments were handed down by Madame Justice Margaret Ramsay-Hale* in the Turks and Caicos Islands Supreme Court over the past few days. Arthur and Robinson were represented by Queen’s Counsel Ariel Misick, while the AG’s Chambers was represented by British Queen’s Counsel David Phillips, Patrick Patterson and Rowan Cosgrove.
In a press release, Acting Attorney General of the Turks and Caicos Islands, Rhondalee Braithwaite, said: “We are delighted to have been successful in obtaining judgment in the claim against Richardson Arthur. This is another substantial judgment for the civil recovery team, at $1.35m (less $200,000 already paid to the Turks and Caicos Islands Government by Mr Arthur) plus more than five year’s interest. The claim arose out of a serious case of land ‘flipping’ which took place in 2008; Mr Arthur acquired a piece of Crown land for $50,000 and then almost immediately sold it on for development for $1.35m.”
She added: “We welcome the Judge’s finding that McAllister Hanchell, then Minister of Natural Resources, breached his fiduciary duties as Minister by directing the use of an out of date valuation (paragraph 58) in connection with the sale; and that he also exceeded his delegated authority to transfer Crown land and abused his position in order to convey the freehold title to Mr Arthur (paragraph 59). We also welcome the finding that Mr Arthur knew that the transfer to him on the beneficial terms that Mr Hanchell directed was wrong. Judgment in this claim is an important milestone in the civil recovery programme. It demonstrates that a serious abuse occurred in the management of Crown land, the Turks and Caicos Islands’ prime asset. We are very pleased that this abuse has been dealt with by the Courts. It also adds significantly to the judgments obtained by the Civil Recovery team. Since April of this year, the team has obtained judgments and cash recoveries of nearly $4m alone, as well as recovering nearly 600 acres of land. The Civil Recovery team has now obtained cash and judgment orders or agreements to pay totalling over $23.3m, and has recovered nearly 3,100 acres of land which has been or is being re-registered as Crown land.”
What the Acting Attorney failed to mention was that the law firm Edwards Palmer Wildman which hired by the Attorney has been paid in excess of US$16million so far for these cases and that the legal bill is climbing.
The press release added: “We have also received and are reviewing the judgment in the claim against Clyde Robinson and his former wife, Susannah Bishop. We are disappointed not to have also been successful in that claim. Like the Arthur case this also involved the acquisition of a piece of Crown land (adjacent to that acquired by Mr Arthur) by Mr Robinson, who transferred it to his then wife, who then sold it for $1.5m to the same developer as Mr Arthur.
“Again we welcome the Judge’s finding that McAllister Hanchell breached his fiduciary duties by directing the use of an out of date valuation (paragraph 64); it is, however surprising that the Judge found that Mr Robinson’s conduct was not unconscionable, nor was it a breach of his own fiduciary duties as a senior Government official.
“We are troubled by those findings and we will be considering the judgment carefully and whether we should appeal.”
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*Justice Margaret Ramsey-Hale, the supreme court TCI Judge was former chief magistrate in Cayman Islands. Justice Ramsey-Hale has also acted as Acting Chief Justice of TCI.
