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Speech By the Hon. Attorney General on the Opening of the Supreme Court of the Turks and Caicos Islands for the 2015 Session

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My Lady Chief Justice, Judges of the Supreme Court, distinguished guests, President of the Bar Council and Colleagues at the Bar, Ladies and Gentlemen.
I am pleased to rise to move a motion for the opening of the Supreme Court for the 2015 session after a long abeyance in this practice. On this ceremonial occasion, it is perhaps timely to recall the origins of this event in the Middle Ages in the United Kingdom. For the legal fraternity, this traditional gathering commemorates the principles of defending access to justice and the rule of law. I commend My Lady Chief Justice for reintroducing the practice as such events “… reminds all of those actively involved within the legal system of the need to uphold these principles internationally, as well as at home, for the benefit of society.”
With your Ladyship’s leave I propose in moving the motion, to make a few observations by way of a brief retrospective on 2014 as well as a look at some of the work before us.
2014 can only be described as another daunting year for the legal profession in the Turks and Caicos Islands. A year in which there was more than the usual share of challenges. Fortunately we were more than able to rise to each challenge and to dispassionately and calmly meet matters head on.
My Ladies, 2014 was characterized by continued good work, co-operation and endeavour in a number of areas by stakeholders in the legal arena and significant further progress towards systemic improvements.
Access to Law – Work is almost completed on the current Law Revision which has a revision date of 31st December 2014 and is intended to be issued before the end of the first quarter of 2015. In this regard, the question of greater access to the laws of the Turks and Caicos Islands is being explored to provide a solution that would allow more ready access through the use of modern technology whilst at the same time maintain the integrity of the authorized versions of the Law which would be used in the Court room setting.
Legislation – I am pleased to report in a bid to give effect to the Government’s Legislative Agenda, that the Legislative Drafting division had another very active year and with the cooperation and involvement of members of the legal profession, associations and the general public a number of important pieces of legislation were progressed. We are grateful for the assistance of all those who participated in the consultation process with respect to the very many pieces of legislation which were considered throughout the year, including legislation dealing with the better regulation of Not For Profit organizations.
The hardworking staff of the Legislative Drafting division consists of three drafters and one legislative systems administrator with a vacancy in one of the drafting positions. That small team produced 24 Ordinances and some 50 pieces of subsidiary legislation.
Of note:
1. The Abolition of Bearer Shares which was done by a December 2013 Ordinance which took effect in the first half of 2014.
2. Prevention of Terrorism Ordinance 2014 which provides for the implementation of the United Nations Convention respecting the suppression of the financing of terrorism and the United Nations Security Council resolution on terrorism and generally to make provision for preventing and combating terrorism. The Ordinance is modelled after the UK Terrorism Act 2000 and the Terrorism (Jersey) Law 2002.
3. Rehabilitation of Offenders Ordinance 2014 – provides for the rehabilitation of offenders who have not been reconvicted within the specified rehabilitation period. This is to ensure that people do not have lifelong blots on their records because of relatively minor offences in their past, which may impact negatively in such persons acquiring employment or other services. The intention of the Ordinance is to exclude any prejudice which may occur because of disclosures of person’s relatively minor past convictions or offences; and to aid the reintegration and resettlement of ex-offenders into employment by not requiring them or any other person to disclose or answer questions regarding their spent convictions.

4. Financial Intelligence Agency Ordinance 2014 – established an independent agency to assist in the detection, prevention and control of financial crimes; by receiving reports of suspicious transactions from financial institutions and other persons; analysing that information and disseminating it to law enforcement authorities and relevant bodies.

5. Invest Turks and Caicos Islands Agency 2014 – established the Invest Turks and Caicos Agency as a corporate body with legal personality to assist the Government in encouraging business and commercial development in the Islands.

6. Dormant Accounts Ordinance 2014 – makes provision for financial institutions to report dormant accounts to the Permanent Secretary, Finance and to transfer monies in accounts that have not been used for more than 7 years, called “dormant accounts” to the Government, subject to claims for repayment by the owners of the dormant accounts. Prior to the enactment of that Ordinance, all inactive accounts were managed by banks. The Ordinance was based largely on the Cayman Islands Dormant Accounts Law 2010 but consideration was also given to the BVI Dormant Accounts Act 2011 and the Republic of Ireland Dormant Accounts Act 2001.
Additionally, a heavy legislative drafting programme is being prepared for the year 2015 in order to give effect to the Government’s Legislative Agenda.
Some of the proposals to be implemented by legislative measures include-
1. New Domestic Insurance provisions
2. Trust law reform
3. Immigration law reform
4. Important criminal law and procedure reforms
5. An Employment Bill to repeal and replace the current law with substantial reforms
6. Small Medium Enterprise proposals to encourage local business
7. An Attorney General’s Reference Bill to enable questions to be referred to the court
8. New and substantial anti Domestic Violence provisions
9. More elaborate provision to provide for the Maintenance of Children
10. Detailed Family Guardianship Custody and Access to Children provisions
11. Better provision for Child (Care and Adoption)
12. New provisions relating to Child and Juvenile Justice
As well as the completion of work on the long consulted new Legal Profession provisions to reform the law in this area to provide for better accountability and effectiveness in areas such as the training of local attorneys and continuous education generally, handling client accounts, requirements relating to good practice for insurance coverage, solvency and discipline.
International obligations – As for international obligations, during 2014 the Turks and Caicos Islands completed negotiations and signed a FATCA agreement with the United States of America, was a member of the early adopters group along with all of the Overseas Territories and Crown Dependencies following recent developments in the new international Standard for Automatic Exchange of Financial Account Information in Tax Matters. We saw the beginning of the National Risk Assessment of our financial services industry using the World Bank tool, which is a self-assessment ahead of the next round of peer assessments by the Caribbean Financial Action Task Force. I wish to personally thank the members of the Bar and the private sector generally for their participation and ongoing commitment.
Crime – On the crime front, we note the continued extensive work of the Office of the Director of Public Prosecutions and the Police in meeting the many challenging situations over the past year. In so doing I take this opportunity to thank the outgoing DPP JoAnn Meloche who has served the Islands with energy and determination during her tenure and has seen the progressive development of the Office of the DPP which may be her enduring legacy. Additionally, I wish to offer our sincere gratitude to the outgoing Commissioner of Police Colin Farquhar who has led the Royal Turks and Caicos Islands Police Force through the numerous challenges faced by them and the Islands during his tenure. At the same time, I welcome the incoming Commissioner James Smith to the post and extend to him our good wishes for a smooth transition.
I also take this opportunity to commend the DPP and the Commissioner and their respective teams of Officers for their strenuous efforts in fighting crime and overseeing law and order.
Administration of Justice – Turning now to the administration of justice, our gratitude goes out to the former Chief Justice Edwin Goldsbrough for his competent service to the Islands as head of the Judiciary. With the appointment of My Lady Chief Justice we have already begun to see the fruits of some of the energy referred to by His Excellency Governor Beckingham in his speech at the swearing in. Noting that a new Judge of the Supreme is shortly to arrive and other efforts at reforming the administration of the judiciary are already underway with plans to promote important law reforms, many of which coincide with areas of law reform already being considered. Other areas of welcome reform which are being considered include the publication of statistics and better financial management.

On the issue of facilities, we saw the opening of an additional and much needed courtroom on Providenciales, however, it is noted that the increasing reliance on video-conference or remote testimony, in both domestic as well as mutual assistance in criminal matters cases, would be greatly hampered if these facilities were not of an acceptable standard or were not well maintained. My Lady, the Government is committed to ensuring the proper resourcing of the courts and it is hoped that improvements in this area will shortly be realized.

The volume of civil and commercial litigation has markedly increased and important work on establishing an accessible repository of judicial decisions which would be greatly assist civil and commercial litigators needs the support of the bar to succeed. All levels of the Courts have been incredibly busy and notwithstanding some challenges, it is obvious that the judiciary has worked assiduously during 2014 and has accomplished much.
Personnel side – My Ladies, I am pleased to say that two additional civil/commercial attorneys and one additional drafter are due to be hired within my Chambers in the first quarter of 2015. I am equally pleased to announce that Mrs. Wynante Adrien-Roberts has today taken up her position as Deputy Attorney General following the February 2014 vacancy. Mrs. Adrien-Roberts is a thoroughly qualified and experienced attorney having been solicitor general in Dominica for many years before moving to the private bar. Mrs. Adrien-Roberts will focus on training and development within my Chambers and will undoubtedly be an asset to my already stellar team.
We recognize that while change is underway in some areas, there are still steps which need to be taken towards full implementation of others in 2015. The challenges of dispensing justice are numerous and supporting each other is our strength. Together we ought to stand up in our various roles as the judiciary, the legal service and the private bar and make a difference.

My Ladies there remains only for me to reiterate the continued commitment of the Government in ensuring the required resources for the smooth administration of Justice, and of my Chambers to providing quality service and our assistance in whatever way we can to facilitate the efficient conduct of the business of these Courts, valuing the independence of the Judiciary as a corner stone to the rule of law and in moving the motion for the opening of the Supreme Court 2015 to wish for your Ladyships, Magistrates, Court Staff, and all here present, a prosperous and productive New Year.
I now formally move the motion for the opening of the Turks and Caicos Islands Supreme Court for the year 2015. May it so please you my Ladies.
Rhondalee Braithwaite-Knowles, OBE
Hon. Attorney General
5th January 2015

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Bahamas News

Camp Inclusion tours Nassau Cruise Port

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NASSAU, The Bahamas – Participants of the Ministry of Social Services, Information and Broadcasting’s Camp Inclusion, including the camp’s student advocates, recently toured Nassau Cruise Port in a move designed to produce multiple benefits for the children.

Camp officials said the tour was part of the “moving away” from the old tradition of keeping children with disabilities locked away at home, and towards greater social inclusion for persons with disabilities – especially children.

Facilitated by the Community Affairs Division of the Ministry of Social Services, Information and Broadcasting at the Flamingo Gardens Family Life Centre, the camp is a collaborative effort between the Ministry, its Community Affairs and Disability Affairs Divisions, the Bahamas Coalition of Advocates for Disability Awareness and Service (BaCADAS), and the National Commission for Persons with Disabilities (NCPD). The majority of the Camp Instructors are persons with disabilities.

The Camp is in keeping with the Global Family Day 2024 theme of “Embracing Diversity, Strengthening Families,” and is an extension of the Ministry’s continued efforts to take the lead in ensuring access and inclusion for all — particularly the community of persons with disabilities — in every aspect of society.

Children with different levels and types of disabilities, along with student advocates, participated. Its focus was to ensure that participating youth learn about living with mobility and intellectual disabilities, advocacy, inclusion and accessibility.

Mr. Townsley Roberts, Deputy Executive Secretary of the Secretariat of the National Commission for Persons with Disabilities, said the visit is expected to have a number of expected outcomes.

“It was very important to get the kids out and for them to see parts of the island that they rarely get a chance to experience,” Mr. Roberts said. “It was also an opportunity for them to feel a part of the Bahamian society because many times they are kept at home or just in the classroom (and) so this gives them a chance to spread their wings; an opportunity to dream. You never know, something they saw today can spark their imaginations and some may become artists, want to work in the tourism field or even just to try and experience a cruise. The ability to dream, to feel a part of society, to feel included, is important to the growth of all children, including persons with disabilities.”

Mr. Roberts applauded officials at Nassau Cruise Port for agreeing to the tour, which he said also allowed chaperones to inform the student advocates of some of the aspects that makes a facility accessible and inclusive.

“We are so happy that the Cruise Port allowed us the opportunity to come and tour the facility. As the name of the camp goes, what we are promoting is inclusion — total inclusion in all aspects of Bahamian society including the culture, and the open spaces. We want to make sure that all spaces are accessible and one of the things we know, because we had the opportunity to inspect the cruise port, is that the Port is accessible to persons with disabilities. So why not bring the children – including the student advocates — here as a means of helping them to understand and to witness first-hand what accessibility means and how it, or the lack of accessibility, affects the lives of persons with disabilities.”

Mr. Antoine Munroe, a Camp Instructor and employee of the Disability Affairs Division of the Ministry of Social Services, Information and Broadcasting, said access and inclusion ensures that every person is able to achieve the same outcomes whether in social, educational, or employment settings, and are the best methods of ensuring that persons with disabilities are given the same opportunities to participate in society. He applauded the inclusion of the student advocates in the camp.

“It is a passion of my own to see young people included and exposed to the life of persons with disabilities. Being able to tour the facility gave me an understanding of how I can use my cane to move about with a little assistance and I thought that was very, very smooth. I congratulate those persons who were able to cause this to happen, and also the persons in charge of the Nassau Cruise Port.  I think this is a very good step in the right direction,” Mr. Munroe added.

 

Release: BIS

(BIS Photos/Patrice Johnson)

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Bahamas News

National Commission for Persons with Disabilities gauges ‘accessibility’ at ZNS, BIS as part of ongoing inspection schedule

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NASSAU, The Bahamas – Inspectors attached to the Inspectorate Division of the Secretariat of the National Commission for Persons with Disabilities (NCPD) conducted assessments of the facilities at the Broadcasting Corporation of The Bahamas, and Bahamas Information Services, Tuesday (July 23) as part of their ongoing efforts to ensure that all public facilities, and those private facilities that provide services to members of the public, are accessible for all.

Both entities fall under the remit of the Ministry of Social Services, Information and Broadcasting as does the Secretariat.

The team was headed by Mr. Townsley Roberts, Deputy Executive Secretary, Secretariat of the National Commission for Persons with Disabilities, and included Mr. G. Michael Ellis, Senior Inspector; Mr. Wesley Paul, Inspector; and Mr. Thorne Clarke, Inspector.

Deputy Executive Secretary Roberts said the inspections were two-fold.

“Today we are inspecting ZNS and BIS which are both a part of the Ministry of Social Services, Information and Broadcasting to ensure that they are accessible because it is our belief that we cannot ask the public to do the things required by law without first ensuring that our entities are also in compliance,” Mr. Roberts said.

“People need to understand that accessibility to persons with disabilities is just as important as it is to persons without a disability. We want to be able to go about your day-to-day business without any obstacles in our way.

“What makes us disabled is the built environment, the barriers in front of us. If you remove those barriers, then we can do many of the same things persons without disabilities can do, and sometimes better. So this is what we are about. We are trying to make The Bahamas a place for all persons (and) where it will be comfortable for persons with disabilities to be able to manoeuvre through buildings and other spaces with the same ease and comfort expected by everyone else.”

The inspection team conducted assessments of wheelchair ramps, bathrooms, office spaces, and parking and reception areas, and measured doorway and hallway widths, in addition to other spaces to ensure that the requirements as set out in the Persons with Disabilities (Equal Opportunities) Act, 2014, are met.

Mr. Ellis, who spent 34 years as a member of the Royal Bahamas Police Force before retiring as a Senior Police Officer and who brings that same knowledge of the law to his new role, said the inspections help to ensure that the community of persons with disabilities enjoy the same rights to accessibility as any other citizen.

“Persons with disabilities, including those in wheelchairs, persons with walkers, crutches and those who use other assistive devices such as canes, should be able to move around just like everyone else,” Mr. Ellis said.

“We were looking to make sure that there were accessible bathrooms for both males and females, to ensure that there are proper ramps and that the ramps are the proper sizes, to ensure that all of the offices are accessible and all of the other areas are accessible for persons with disabilities.

“The Act says whatever we, as able bodied persons can do, a person with a disability should be permitted or allowed to do the same without any hindrance. Our job is to ensure that these facilities are in compliance with the Act.”

Once inspections are completed, Adjustment Orders are sent to those facilities/businesses found not to be in compliance with the Act, advising them of any faults, and providing a time-frame for compliance.

 

(BIS Photos/Anthon Thompson)

Release: Bahamas Information Services

 

PHOTO CAPTIONS

 

Header:  – ZNS/BCB

Left to right:

1:  G. Michael Ellis – Sr. Inspector (NCPD)
2:  Thorne Clarke – Inspector (NCPD)
3:  Townsley Roberts – Deputy Executive Secretary (NCPD)
4:  Wesley Paul – Inspector (NCPD)
5:  Carlton Smith – Chief Security Officer (BCB)

Insert:  – BIS
Left to right:

1:  Elcott Coleby – Director General (BIS)
2:  Wesley Paul – Inspector (NCPD)
3:  Townsley Roberts – Deputy Executive Secretary (NCPD)
4:  Carlton Smith – Chief Security Officer (BCB)
5:  Thorne Clarke – Inspector (NCPD)
6:  G. Michael Ellis – Sr. Inspector (NCPD)

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Crime

Shooting Incident

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***MEDIA RELEASE***

 

July 23rd, 2024.

 

Around 10:59 am, the Police Control Room received a call of gunshots at a location along the Millennium Highway, Providenciales.

Officers of the Royal Turks and Caicos Islands Police Force were dispatched and, based on preliminary investigations, were told that the occupant (s) of a red Suzuki Swift was at a business place when another car pulled alongside it, and the occupants started shooting.

The driver of the Swift drove off while the other unidentified vehicle sped off in a separate direction. 

Officers found the Swift abandoned near Miracle Close, Blue Hills, shortly after.

Based on investigations, no injuries were reported.

This remains an active investigation.

The RT&CIPF is asking anyone with information or CCTV footage of the shooting that may assist the police with enquiries to contact 911, the closest police station, the Serious Crime Unit at 231-1842, or call Crime Stoppers at 1-800-8477 and anonymously give any information.

Additionally, persons are being asked to download the Crime Stoppers P3 app.

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