Defence Seeking Dismissal in Firearms Case citing evidence from DPP too slow to materialise

By Wilkie Arthur

Freelance Court Reporter

#TurksandCaicos, June 19, 2023 – Tuesday 13th June, 2023 a firearm and ammo case against TIMOTHY VILJOEN was before the court, listed for trial.

Magnetic Media was in court when Nayasha Hatmin, Public Prosecutor was warned by Her ladyship the Hon Judge Tanya Lobban-Jackson that if the disclosure material evidence, that Counsel for the Defense requested and was also directed by the Court to disclose, is not disclosed, this could result in the case being dismissed under the Criminal Procedure Ordinance.

Months prior to the trial date, Counsel for the defense Lara Maroof-Misick made an application to the court to have the DNA evidence and certain other evidence handed over to her, to enable her, to do her own examination and review of certain evidence pertaining to the firearm case against her client.

Up until the date of trial, which was last Tuesday, the Defense was not furnished with the requested disclosure as directed by the Court and Counsel for the Defense advised the honorable Judge to please review the options of having the case dismissed.  Maroof-Misick had proposed that if by the next date of hearing, she continues to be without the disclosure material requested months ago, then the matter warrants dismissal.

Maroof-Misick’s client is a mechanic and operator of luxury yacht “Provo Elite Charters.”

The yacht and the illegal firearm charges against TIMOTHY VILJOEN has brought strong criticism and raised questions about some prominent members of Turks and Caicos society.

Implicated have been a former member of parliament, a police commissioner and a King’s Counsel attorney in TCI for the Crown in the Special Investigation and Prosecution government corruption case.  All have had some alleged involvement or investment or interest in the yacht in question.

This matter dates back to the summer of 2020.

Viljoen is currently out on bail since his initial arrest in 2020 and the trial is now fixed to commence in November of this year.

Timothy Viljoen is charged with having an illegal gun with rounds of ammunition, which carries a mandatory 7-year sentence.

CORRECTED: June 28, 2023