Gordon Wetherell His Excellency the BVI Governor	Premier Hon Michael Misick

The Constitution of the Turks and Caicos Islands is to be partially suspended by Britain on or before the end of next month.

TCI Net News, a Cayman Net News sister company, was the first news organisation to report on Monday morning that Governor Gordon Wetherell, in a 10:00 am broadcast to the nation, announced a partial suspension of the constitution for two years following receipt of the final Commission of Inquiry report into government corruption, which is due on or before 30 April, 2009.

An Order in Council to this effect was made public also on Monday.

The initial two-year suspension may be shortened or extended if circumstances demand but, as it stands, is likely to be in effect until the next constitutionally mandated general elections in 2011.

“As drafted, the Order would leave in place important elements of the Constitution such as the fundamental rights chapter and provisions relating to the Governor, the courts and the public service, while removing the Cabinet, House of Assembly and references to ministerial and related powers. Powers and functions currently exercised by Ministers would be exercised by the Governor acting in his discretion, including in relation to public finances, legislation and necessary regulatory reforms,” the Governor said.

Meanwhile, in the Cayman Islands, HE the Governor, Stuart Jack, on Monday declined to comment on the turn of events in the fellow British Overseas Territory. Leader of the Opposition, Hon. McKeeva Bush also declined to comment. Mr Bush who is in Miami said he will not comment until becoming fully informed on the situation and talking with members of his United Democratic Party.

Cayman Net News was unable to contact Leader of Government Business, Hon. Kurt Tibbetts who was attending the Legislative Assembly at the time.

The partial suspension of the TCI constitution comes in the wake of a 13 February announcement by Premier Michael Misick that he will resign from office at the end of March. Also on that February date Misick’s deputy, Floyd Hall, resigned.

Their demitting office is directly related to hearings at the Commission of Inquiry for which a report is to be published on April month end.

The TCI Net News breaking news report said that an Advisory Council is to be established to assist the Governor in the formulation of policy and the exercise of his functions. Although not specifically mentioned by the Governor, TCI Net News understands that the new Advisory Council will consist of seven members, of which five must be TCI belongers, who are also registered voters.

“The draft [Order] also provides for the establishment of a Consultative Forum to make recommendations in relation to legislation and other policy issues, the membership of which would be drawn from persons representative of the TCI community,” Mr Wetherell said.

The Governor indicated that the Commissioner, Sir Robin Auld, is not ready to formulate provisional findings or recommendations for institution of criminal investigation in relation to any individual or any interests he or she may have. Steps are, however, being taken, he said, to ensure that “we are in a position to respond quickly once we receive the final report if the evidence justifies it.”

“I can confirm that consideration is being given to the establishment of a special civil recovery team, and the need to bolster the capacity of the police and to appoint a special prosecutor to undertake prosecutions which may be warranted in keeping with any evidence of criminality which may be disclosed by it [the final report],” Mr Wetherell said.

He also said that an expert on public financial management has already been put in place to work with the Ministry of Finance to improve financial control and accountability as well as discipline in public expenditure

Later in the day on Monday, the Governor also released the Commission’s interim report, which had been delivered to him on February 28, and contains 24 recommendations.

“The Commissioner states that the written information obtained in the first six months of the Commission’s inquiries, when coupled with the evidence in the public hearings in TCI earlier this year, have provided information in abundance pointing to a high probability of systemic corruption or other serious dishonesty. In his view this, together with ‘clear signs of political amorality and immaturity and general administrative incompetence’, has demonstrated a need for the urgent suspension in whole or in part of the Constitution, and for other legislative and administrative reforms and change,” Mr Wetherell said.

This is the second time in 23 years that the Turks and Caicos constitution has been suspended. Britain took similar action in 1986, following publication of the report of another Commission of Inquiry into arson, corruption, and related matters. That report severely criticised both the government and the opposition for alleged malpractice and criminality.