43% of Criminal Cases Lost; TCI DPP announces Witness Protection to cut down

By Dana Malcolm

Staff Writer

#TurksandCaicos, January 15, 2022 – Criminal trials are falling apart at an alarming frequency in the Turks and Caicos Islands and at the start of the Legal Year on January 4, the country’s Director of Public Prosecutions, DPP, Eugene Otuonye, QC announced  a new victims and witness support program to end travesty in the justice system.

The program is a joint effort between the office of the DPP and the Criminal Justice stakeholder group, he said.

“This is a courageous response to the neglect and disregard of the interest of victims and witnesses, especially vulnerable witnesses by the TCI Justice System which has brought the justice system to disrepute.”

Otuoney, described the move as necessary and said in 2021, at the Supreme Court alone 43 per cent of the cases in the system could not proceed to trial mostly because of the unavailability of witnesses and victims.

The Director of Public Prosecutions described the trend as a bane to the TCI  justice system and spoke on the main reasons for this unavailability of witnesses saying.

“They range from loss of interest to being fearful for their lives and that of their family members and loss of confidence in a justice system they think cannot provide simple support and care let alone protect them from serious reprisals.”

The witness and victims protection program will come into effect this year and the DPP hopes it will foster trust between the judiciary and the population it exists to serve.

MARK FULFORD – D.M

Chief Justice of the Turks and Caicos, Ms Mabel Agyemang, revealed a string of improvements made to the justice system in 2021 dubbing it the year of rules. She spoke at the Court’s Legal Year opening on January 4th.   Among the many improvements to the judiciary were new and more inclusive rules for legal aid to benefit TCI residents. The creation of a mediation committee and roster so residents can utilise alternative dispute resolution.   A sentencing deadline committee to hold the courts accountable.

The establishment of a court library and a code of conduct for the judiciary, the establishment of hybrid hearings for jury trials during a pandemic for max safety and efficiency.   She also hinted at upgrades for the new year which includes an initiative to provide paperless access to a digital platform.   The Chief Justice received glowing commendations from United Way Chairman and partner attorney at F Chambers Law Firm, Mark Fulford.

Fulford referenced the recent opening of the Legal Year and everything achieved by Agyemang and her team in 2021. Fulford lauded the way he said the Chief Justice “Relentlessly pursued the Judiciaries goals” and said, “It bodes well for the jurisdiction and will no doubt cause the country’s Judiciary to become a regional leader.”

Agyemangs extensive list of reforms for the year included more access to legal aid and avenues for redress against malpractice. Fulford said, ”It is an opportune time to be serving in the legal profession in the Turks and Caicos.”