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TCI Appeals Court closed til Spring, sentences reduces, acquittals and retrial mars year end sitting

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#TurksandCaicos, December 14, 2017 – Providenciales – The Appeals Court is closed to cases now, reopening in March 2018 but before the recess, there were significant decisions handed down.  We begin with the Dwight Simmons who was sentenced to 11 years for an attempted armed robbery in November 2016 of the African store in Blue Hills which was thwarted by patrons of the store.   Simmons got time reduced and will now serve eight years at Her Majesty’s Prison instead.

Tim Prudhoe, attorney at law, managed to win the appeal he made on behalf of Gennesonne Presendieus, who was convicted in a case where officers said he stripped the Police of his gun while being arrested.   Presendieus said he only picked up the gun when it fell from the Police officer and handed it back over to him.   The Appeals Court quashed the conviction; Gennesonne of Haiti is now a free man.

Carl Gardiner who had been running in and out of court trying to overturn his conviction at the appellate level is also free.   Gardiner had been charged with stealing some $130,000 of Butterfield Gold’s money while employed there.   It was said he concocted the robbery story and he was convicted and served some prison time.  However, in a last ditch move at the Court of Appeals and represented by attorney Ashwood Forbes, Gardiner won.   No re-arrest and no return to HMP; his conviction was quashed.

The entire appeal bundle of Gardiner’s case was missing and without it the COA was unable to give fair consideration of the matter.   An acquittal verdict was entered by lawyer Ashwood Forbes on behalf of his client, and he is free to go.

There were disparaging comments directed at the judicial system for this and other matters where evidence was reportedly destroyed or had gone missing.   However, the Office of the Director of Public Prosecution distanced itself from public criticism.   In the matter of murder accused, Cortez Simmons it was explained that ‘a none direction by the trial judge’ where there was potentially a biased juror in the jury panel led to the retrial decision by the Appeals Court and because ‘the court cannot find the judge summing up’ for Gardiner, his conviction was quashed.

In the case of Paul Missick, who this Summer got five years for in 2016 breaking into a hotel room at Ocean Club East in order to rob the couple residing there, two years were chopped from his sentence.   Missick with his brother were found guilty of stealing jewelry, IDs, credit cards and cash this past July.

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EXCLUSIVE!  Police black CID Vehicle shot up by bandits in Five Cays

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Wilkie Arthur

Court Correspondent

 

#TurksandCaicos, May 15, 2024 – It was an uneasy night on Tuesday May 14 for some residents of Five Cays, Providenciales owing to continuous, serious fire power with gun shots blaring in various areas of the community.

Some say they heard shots in Granny Hill and reported a man walking around with a gun, randomly shooting at unidentifiable targets. Some say shots were heard behind the Enid Capron Primary School.  Some say they heard gun shot sounds coming from a residential area as well.

The most compelling accounts, however, were on reported events in another area called “The Wells”; a community in the depths of Five Cays and South Dock.

Criminals took on law enforcement in a gun battle involving the armored truck and a CID vehicle.

No members of the Royal TCI Police were hit.

Not the same for the other side.  One person was hit, a young man not known to police and it’s not clear if he was one of the men shooting at the police or an innocently caught in the crossfire.

The man was arrested as a possible suspect.  He is also in hospital with an “entrance and exit” gunshot wound.

During the shootout in The Wells, the CID vehicle was shot at repeatedly, disabling its movement as gunfire damaged the engine. Concerning to us, these shootings were at different times and locations but came in rapid succession; one right after the other, I was told.

Most described the sounds as coming “from some big guns.”

Police the morning after allowed me in to see up close.

Video, photos feature my EXCLUSIVE, close-up look at the damage done by criminals; it is clear high powered rifles were used by these suspects still at large.

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Charred Remains Found in Back Seat of Completely Burnt Vehicle

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Wilkie Arthur

Freelance Court Correspondent

 

#TurksandCaicos, May 21, 2024 – A gruesome discovery was made around midday today (Sunday, May 19th, 2024) when police and fire rescue teams responded to a call at a location on Blue Hills Back Road, off Millennium Highway. The area, situated next to the Fortis Sub-Station, is accessible via a long, secluded dirt road.

Upon arrival, authorities found a vehicle completely engulfed in flames. The vehicle was later removed by police after being alerted by an anonymous source to its burnt-out location. Local residents indicated that the fire had been ignited around 2-3 a.m. earlier that morning, but authorities were not notified until later in the day.

Residents could not provide details about the individual inside the vehicle or even discern its color due to the extensive damage caused by the fire. Videos of the discovery location are available, but footage of the vehicle itself will be provided once it has been located. The vehicle was reportedly still burning when police arrived at the scene.

Official Royal TCI Police Report:

Media Release – May 19th, 2024: Active Investigation Officers of the Royal Turks and Caicos Islands Police Force (RTCIPF) are currently on the scene of a vehicle fire in the Blue Hills, Providenciales area. Acting on received information, officers arrived at the location along North Side Close and discovered a burnt vehicle with what appeared to be a body inside.
The RTCIPF is conducting a thorough investigation to determine the circumstances of this incident. As this is an active investigation, more details will be provided to the public as they become available.

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NATIONAL SECURITY SECRETARIAT INFORMATION NOTE ISSUED MAY 17, 2024

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May 21, 2024 – The Turks and Caicos Islands have clear laws prohibiting the possession of firearms and or ammunition without a licence and strict penalties in order to serve and protect the community. Our Firearms Ordinance, which was amended in 2022, states that:

No person (other than a licensed gunsmith in the course of his trade) shall have in his possession, discharge or use any firearm or ammunition unless he is the holder of a firearm licence with respect to such firearm, or in case of ammunition he is the holder of a licence for a firearm which takes that ammunition.

Firearm and/or ammunition offences carry a mandatory minimum custodial sentence of twelve years plus a fine. Where a court finds there are exceptional circumstances, the sentencing judge has discretion, under the law, to impose a custodial sentence and a fine that are fair and just in the circumstances of each case rather than impose the mandatory minimum.

The Chief Justice is advancing sentencing guidelines in respect of the application of exceptional circumstances. Wider work is also ongoing with criminal justice partners to review the efficiency and effectiveness of case progression, in driving justice outcomes.

It is the traveller’s responsibility to ensure their baggage is free of firearms and/or ammunition. Permission from an airline carrier does not constitute permission to bring firearms or ammunition into the Turks and Caicos Islands. Travellers are also strongly advised to search their luggage before they travel to the Turks and Caicos Islands to ensure they do not bring in forbidden items inadvertently. Such offences will result in arrest.

The Turks and Caicos Islands is a British Overseas Territory with a common law legal system, and reserves the right to enforce its laws. All persons, including visitors, must follow lawful process.

The Turks and Caicos Islands welcomes all visitors but reminds travellers that persons in the Turks and Caicos Islands do not have a constitutional right to carry firearms. Equally, the importation of firearms, ammunition (including stray bullets), and other weapons is strictly forbidden, unless licence to do so has been issued by the Commissioner of Police.

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