TCI News
TCI Cabinet Code restricts the voice of thousands of voters, seven parliamentarians barred from speaking
#Providenciales, Turks and Caicos Islands, Friday June 1, 2018 – A reported, political ‘faux-pas’ by the governor of the Turks and Caicos has exposed just how much the public is not allowed to know when it comes to what happens behind the closed doors of Cabinet meetings; even though 70 per cent of the Cabinet is directly representative of the People.
Divergent opinions, objections, points of views expressed and insights shared by the ten members – which include seven elected House of Assembly parliamentarians – are kept hidden by a Code of Conduct which bans personal perspectives on Cabinet agenda items being shared within the public domain. 
Section 8 of the Code states: “The principle of collective responsibility, save where it is explicitly set aside, applies to all Government Ministers. It requires that Ministers should be able to express their views frankly in the expectation that they can argue freely in private while maintaining collective responsibility in public when decisions have been reached. This in turn requires that the privacy of opinions expressed in Cabinet and Ministerial Committees, including in correspondence, should be maintained.”
While the PDM Chairman and likely others believe assurances of confidentiality are vital to the openness of Cabinet, there is a glaring issue which provokes thought about this Cabinet gag order. Are elected members holding back on pivotal points in the House of Assembly, where representation is required?
The Electorate suspected this was the case in the Rufus Ewing-led administration. And the near 18-month old PDM Administration is facing similar criticisms. 
Douglas Parnell as leader of the People’s Democratic Movement on Thursday issued a media release calling for an apology from governor, His Excellency Dr. John Freeman. Dr. Freeman is accused of having breached the Code of Conduct, as president of the Cabinet, when he told media about options available to the PDM Administration on fiscal management in the aftermath of the hurricanes of September 2017.
A Magnetic Media report on the comments made in April ignited a firestorm of controversy about who really controls the public purse strings. The premier believed it opened the door to mischief, chiefly from the Opposition Progressive National Party.
Hon Sharlene Robinson, Premier and Minister of Finance, retaliated with a national address and stated, unequivocally that, the UK did indeed micro-manage the finances of the country. Premier Robinson, in detail outlined other measures, established by the UK which hinder swifter spending.
All of this happened back in April. Nearly two months later, it is unclear why the matter is again in the spotlight but the issue has exposed at least two sections of a Code of Conduct, which many never even knew existed.
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”.
Sections 8 and 9 of the Code of Conduct, governing the behavior of Cabinet members explain that the public ought only know the final outcome of a matter discussed at Cabinet; that it was important to present a united front.
The revealed expectation of that Code raises serious questions about the constitutional obligation of a member of parliament to truly represent the people of their given district or constituency. 
If a Cabinet member is unable to speak his or her thoughts or misgivings about Cabinet decisions for fear of retribution or a breach of the Code of Conduct, then doesn’t that disenfranchise and render voiceless the voters who gave them the job, which qualified them for Cabinet?
It is debatable; certainly worthy of national conversation.
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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