By Wilkie Arthur

Freelance Court Reporter

#TurksandCaicos, July 7, 2023 – Two female Immigration Officers, one charged in Grand Turk and the other charged in Providenciales along with a work permit, visa, naturalization and status card consultancy agent matter were before His Lordship, Hon Mr. Chris Selochan, last Friday.

After a highly complex and extensive investigation by the Turks and Caicos Islands Integrity Commission’s investigators, WENDY SEYMOUR, ANDREA SAUNDERS  AND CARLINE CHARITE (Seymour and Saunders are suspended)  were charged pertaining to allegations of corruption, fraud, conspiracy and other offenses.

All three were charged in February 2022 and are currently on bail.

The matter was called for mention on Friday 23rd June 2023 at the Providenciales Supreme Court on Leeward Highway. The defendants did not have to appear on that date.

Representing the Crown at the hearing in this matter was SIPT second in command Public Prosecutor, Quinn Hawkins and he was assisted by Public Prosecutor Enjaleek Dickenson.

The FIRST accused, suspended immigration officer WENDY SEYMOUR at that hearing was represented by SIPT defense attorney, Jerome Lynch KC instructed by Mark Fulford of F-Chambers Law.

Second accused, suspended immigration officer ANDREA SAUNDERS counsel is Senior defense attorney, Noel Skippings and the third accused, consultancy boss lady CARLINE CHARITE also has a King’s Counsel representing her in the person of, Oliver Smith.

In 2020 while these matters were still under investigation by the Integrity Commission and before any charges was laid, the accused CARLINE CHARITE finances and properties were under a restraining order issued by the Court as it relates to proceedings filed by the DPP’s Office.  The restraining order was issued in relation to Charite benefiting from the proceeds of crime or criminal conduct. A ruling to this application was delivered by her Ladyship The Hon Chief Justice,  Mable Agyemang on September 4, 2020.

Properties and funds were subject to the application for a restraining order against Carline Charite.

The ruling was in respect of an application for an extension of a Restraint

Order and the application seeks an extension of a Restraint Order granted to the DPP against the assets of the respondents on February 20, 2020.

This was given a three-month limit of operation on May 7, 2020. The application was brought on the following grounds:

1. The respondents are currently the subjects of the on-going investigation by officers of the Integrity Commission for the offences of Corruption, Money Laundering, offences under Schedule 1 of the Proceeds of Crime Ordinance 2014;

Magnetic Media learned that at the time of the DPP’s application against the assets of the now defendant and others named in the ruling, given the fact of the then pandemic and travel restrictions, the investigators from the Integrity Commission had not been able to return to the Island but they were todo so over the next few weeks.

The Crown intended to apply for a confiscation order against the realisable assets of the Respondents in the event of a conviction following a criminal trial in accordance with S. 15(1)(a) of the Proceeds of Crime Ordinance.”

The Hon Chief Justice, Mable Agyemang in the ruling stated, to give a background to this extension application, I must recount matters antecedent to the variation application in which the order which is sought to be extended, was made.

On February 20, 2020 this court coram: Ventour J, granted a Restraint Order against the assets of the four respondents in this application. The order which was granted upon a hearing based on an affidavit deposed to by one ASP Kenville Charles, was in the following terms:

1. Pursuant to sections 41 and 42 of the Proceeds of Crime Ordinance. *CARLINE CHARITE* is restrained whether by herself, her servants or agents or however otherwise from disposing of, causing or allowing the disposal of and/or dealing with the assets identified in the order.
2. All persons real or otherwise named in this order are prohibited from dealing with the asset listed in this order.
3. The said first respondent is prohibited from:
4. Removing from the Turks and Caicos Islands assets whether or not they are named in paragraph 6 (a list specifying her assets contained in the order).
5. In any way disposing of, dealing with or diminishing the value of any of the assets whether they are named in paragraph 6 or not.
6. That the order applies to all assets of the (first) Respondent whether or not the assets are described in this Order or are transferred to the alleged offender after the order is made, is in her own name or whether they are solely or jointly owned.

For the purpose of this Order the (first) Respondent’s assets include any asset in which she has a right or over which she has the power, directly or indirectly to dispose of, or deal with as if it was her own. The first respondent is to be regarded as having such power if a third party holds or controls the asset in accordance with her direct or indirect instructions.”

The Order was said to apply to the following ‘assets and institutions’:

1. Bank of Nova Scotia account numbered 35417 in the name of Paulene Boutique P.O. Box 959 Carline and Audelin Charite Balance as at 31/10/19: USD19,892.
2. Bank of Nova Scotia account 35319 in the names of Audelin and Carline Charite: Balance as at 31/10/19 USD 47,283.47
3. Hallmark Trust 5189420021055845 Compass Debit card in the name of Carline Charite Balance on 31/10/19: USD 1650.
4. Block and Parcel #60504/134 Shrub Close – Plot with three detached houses (all occupied, split into apartments)
5. Block and Parcel #60504/179 Millennium Highway (0.25 ac) & Plaza Building)
6. Block and Parcel # 60605#190 Slater Drive, off South Dock Road.
7. Block and Parcel #60511/50 (0.94 ac) and 60511/53 – (0.94) Plots of land adjacent north of Kew Town, undeveloped raw land,
8. Block and Parcel #60511/53 Transfer document dated 4th March 2014.
9. Block and Parcel # 60505/50
10. Block and Parcel # 60505/191 and 60505/192 Land off Millennium Highway, Providenciales.”

The Bank of Nova Scotia Account numbered 35319 was a company co-owned by the first and second applicants: JV’s Trucking Services.

After an application was brought by the respondents to discharge or vary the order, this Court, as at present constituted, on May 7, 2020, granted a variation of the order of February 20 in the following terms: That, “The monthly living expenses deposed to by the first and second applicants in their affidavits, business expenses of Island Brokerage Consultancy, Paulene Boutique, and JV Trucking Services, as well as the legal expenses of the applicants be allowed out of any and all of the bank accounts of the four applicants for a period of three months.  The restraint order will continue to run for a period of three months from this day.  An order is made accordingly.”

Subsequently, it having been brought to the attention of the court by learned counsel Mr. Oliver Smith that the order for payment of legal expenses was made per incuriam s. 5 of Ordinance 22/2018 Proceeds of Crime Amendment Ordinance which amends s. 42 of POCO by the insertion of s.42 (2A) which restricts provision as to legal expenses, the court amended its order and disallowed legal expenses.

Magnetic Media can report that the restraining order application has since been rectified and the matter is moved to a trial date of 10th October 2023 and bails are extended for the accused.