TCI News
Shocking! PDM calls for resignation of Governor, failing an apology for Cabinet breach
#Providenciales, Turks and Caicos Islands – Thursday, May 31, 2018 – The PDM Party is calling on the Governor to resign if he is unwilling to give an apology for breaching the Cabinet Code of Conduct in responding to Magnetic Media questions on the financial management of the country.
“Although he is not a Minister, as President of Cabinet, it is incumbent upon him to abide by and uphold its rules more than any Minister or member. Members of Cabinet have access to confidential and privileged information therefore, any member found to be in breach of Cabinet’s Code of Conduct must tender his or her resignation.”
Today, a jaw dropping media release from the People’s Democratic Movement expresses that His Excellency, Dr. John Freeman was in violation of a code that assures the confidentiality of every member of the Cabinet.
Section 9 of the Code states: “The internal process through which a decision has been made, or the level of Committee by which it was taken should not be disclosed. Decisions reached by the Cabinet or by Ministerial Committees are binding on all members of the Government. They are, however, normally announced and explained as the decision of the Minister concerned”. The actions taken by the Governor undermines binding Cabinet decisions. For him to suggest that there were other options available to the Minister of Finance only seeks to clear himself from being bound by the decisions of Cabinet and therefore threaten the confidence in the Government. In the new reality of governing with a constitution that ushered in greater gubernatorial oversight at every level, the comments from the Governor seem personal. 
The two page media statement came from the desk of the PDM’s Chairman, Douglas Parnell.
In April, Premier and Finance Minister, Sharlene Robinson, addressed the nation with a strong response to the Governor’s explanations about fiscal operations in the TCI; she boldly stated that the Governor’s comments opened the door to mischievous reaction from the general public and Opposition.
“The new false perception is that we as a Government is able to spend our reserves and run a deficit Budget without UK scrutiny/approvals. Though not stated by the Governor, I have seen these statements made and am obligated to correct these erroneous perceptions that has now been created out of an effort to correct the British image within our Islands.” Premier Robinson added, “The UK is involved every stage locally by the Governor’s role and so to say there is no micromanaging or local control is certainly incorrect. The current Governor, as many know nationally is involved at all levels even where neither of his predecessors has been under elected Government. Hence the perception out there that he is running the country. This is a perception he must feel compelled to correct by actions.” 
It is true that the Governor’s response during a media breakfast in April sparked significant controversy when he denied that the PDM Administration was being micro-managed by the British, specifically in the area of public finances. H.E. Dr. Freeman explained that he was happy for the opportunity to clarify that the Government is in full control, once certain FCO standards are satisfied, and could have operated a deficit budget in the aftermath of Hurricanes Irma and Maria.
The PDM Administration had suffered severe rebuke and heavy criticism due to seemingly stunted spending and sluggish response following the catastrophic back to back major storms, which cost the country well over $500 million.
Hon Parnell in the media statement said Cabinet Ministers take seriously the bounds which are placed upon them as a result of Cabinet rules, and now feel compelled to force the Governor to recognize his breach and offer the apology.
“When the Governor violated the code by making public comments about TCIG finances he handicapped Ministers’ ability to frankly air their views and arguments in the privacy of Cabinet and with the assurance that the concealment of these views would be maintained. He undermined the “collective responsibility” to which he is a part. How can any member of Cabinet now express their views with the threat of Cabinet’s President questioning them in public?”
The PDM Party is also questioning the motive of the breach at the press breakfast.
“However, it goes further than seeming personal because with the myriad of apparatuses provided in the new 2011 constitution it is safe to interpret his actions as one who was trying to either cause embarrassment, spark political debate over the performance of this or any Government or worse he was attempting to steer the course of local Government spending priorities all resulting in the abandonment of the neutral stance that is expected from one who holds the highest office in the land. The Governor is a senior United Kingdom Civil Servant and should be aware that his actions would suggest a lack of support for the Government.” 
The Governor’s Press Breakfast meeting was a first of its kind, and based on the uproar generated since, will likely not be repeated. It was held on April 12, at his Providenciales Office at Raleigh House, Leeward Highway and included at least five media houses.
It is unclear why it has taken the PDM Party so long to make this request of and put this shocking ultimatum to the Governor; however Doug Parnell says at the start of the statement that the party believes nearly two months after the fact, the infraction can be reviewed more objectively.
It was not stated by the PDM Chairman whether the Governor was issued a private request for an apology.
The full Media Statement by the PDM Party is published at this website.
Wilkie Arthur
Freelance Court Correspondent
#TurksandCaicos, April 25, 2024 – He was busted at the Howard Hamilton Providenciales International Airport on Friday, April 16, 2024.
He allegedly had in his luggage four (4) rounds of 6.5mm ammunition on his departure to his homeland in Oklahoma in the United States of America (USA).
Ryan Watson and his wife were arrested and placed into police lock up. Both were later granted police bail, and upon return to police station the Monday after the couple’s arrest, the husband alone was charged by detective Police Constable Kimberlee Markland for
unlawful possession of the four rounds of ammunition.
Watson was escorted to court on Tuesday, April 23rd, placed before the learned Chief Magistrate Mr. Jolyon Hatmin and remanded to His Majesty’s Prison until his sufficiency hearing on June 7, this (2024) year.
His counsel, Mr. Oliver Smith KC and his junior assistant Mrs. Kimone Tennant immediately sought bail for him in the Supreme Court which was heard the following day (Wednesday April 24) before her Ladyship Ms. Tanya Lobban-Jackson and was granted bail, without hassle in the amount or $15,000.00 cash or surety.
The Crown, in the person of senior public prosecutor Ms. Tassja Mitchell did not oppose bail.
Magnetic Media can report that once again on the afternoon of the Tuesday April 24th, after the accused RYAN TYLER WATSON, 41 was remanded by the Magistrate’s court, the U.S. Embassy issued an warning to it’s citizens and travelers to carefully check their bags when traveling to Turks and Caicos Islands (TCI) as TCI authorities are strictly enforcing firearm and ammunition laws and if found you could go to prison for 12 years.
A real question of great concern and public importance is: should the TCI courts sentence tourists to the full mandatory minimum of 12 years imprisonment for simple possession firearm and/or ammunition.
The succinct answer is: Yes!
The Court of Appeal, just last month said in its written judgment that “ALL PERSONS,” including tourist/visitors must go to prison if found guilty or pleas guilty to firearm and ammunition offences.
However, there remains the concern about how much time in prison a judge should give a visitor regardless of the existence of exceptional circumstances.
Should the judge imprison a visitor to the territory, who may have been wrongly informed, for example, the full mandatory minimum term or must a reduced prison term be imposed.
If TCI judges start to give less than the mandatory minimum to tourists/visitors, it is being strong and widely advocated by senior defense attorneys that the same must apply to local or residents of these Islands, who may also present exceptional circumstances.
Arguments about the equity in delivery of justice is what drove the question to the Court of Appeal late in 2023. The decision came this past February.
‘We cannot find ourselves sentencing tourists regardless of exceptional circumstances to lesser sentences, and when those same exceptional circumstances are found in local cases, it’s being ignored by our judges.’
Human Rights Attorney, Sheena Mair has on more than one occasion argued this point; including in firearm and ammunition bail applications. She would put the very same judges and prosecutors from the Office of the Director of Public Prosecution on the spot by reminding the judges and the prosecutors that precedent has been set.
‘You’ve just granted bail to a tourist for firearm and ammunition but now here’s a local person, same charge but because he’s a local he can’t get bail? He has to be remanded pending a trial that could take years before it’s heard?’
Mair has valiantly outlined the wrong in this and clearly stated this practice is “not fair” and it’s “not proper administration of justice in the Turks and Caicos Islands.”
Ms. Mair further complained that tourists would plea guilty to possession of firearm and ammunition and be released on bail pending sentencing but as for a local, he or she has to wait on remand at the Department of Corrections and Rehabilitation pending sentencing.
The attorney criticizes the optics of such decisions and is on record reminding the Judge that the Court of Appeal has already set out that the law applies to everyone; visitors and locals alike.
A police statement issued Wednesday April 24 informs: “Today (April 24th), Mr. Watson appeared in the Supreme Court and, following a bail application, was granted $15,000 bail with the following conditions:
1) Not travel out of TCI without the court’s permission.
2) Surrender his passport and all other travel documents to the court
3) Report to Grace Bay Police Station on Tuesdays and Thursdays between the hours of 8 am-4 pm,
4) Reside at the given address in Providenciales; any address change will be provided before the court.”
The American from Oklahoma whose story is trending in the US and has been carried by leading news networks was joined by a host of loved ones at the Courthouse.
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