Deandrea Hamilton and Wilkie Arthur

Editorial Team

MICHAEL LEE EVANS

#TurksandCaicos, March 10, 2024 – Not everyone found with a gun or bullet in the Turks and Caicos Islands has to face the mandatory minimum sentence of 12 years, according to advice from the Attorney General who was speaking to members of the high level, Turks and Caicos National Security Council this week.

In what may come as a startling explanation of a recent Court of Appeal ruling, the AG, according to a media release from the NSC informed the group which met this past Wednesday May 8, that a judge “has discretion under the law, to impose a custodial sentence and a fine that are fair and just in the circumstances.”

It may be that reprieve the four Americans and at least one Turks and Caicos resident need in order to avoid spending the next 12 years of their lives locked away in the prison in Grand Turk.

Public understanding on the Court of Appeal ruling starkly contrasts this for many though.   All over the world, it has been broadcast that there is no avoiding the minimum jail time of a dozen years which was stiffened in 2022, when gun crime peaked to its deadliest levels ever for the cluster of British overseas territory islands.

BRYAN HAGERICH

“Section 3(3) of the Firearms Ordinance CAP 18.09 requires the Supreme Court to impose a mandatory minimum sentence and a fine for certain firearms offences, except in circumstances where the court finds that there are exceptional circumstances, in which case the court must still impose both a sentence of imprisonment and a fine but which are proportionality consistent with the exceptional circumstances.  The court must ensure that the custodial sentence and fine are in keeping with the dominant purpose of Parliament in enacting the law, deterrence, is reflected in the length of the term and the quantum of the fine.”

It is an excerpt from the ruling, which came on February 29 of this year.

The AG told her colleagues in the NSC sitting, ‘each case can be judged on its own evidence and information and that hefty mandatory sentence of 12 years jailed in prison can be avoided, if the judge deems it just, given the exceptional circumstances.

The NSC statement issued late on Wednesday said specifically, “The Attorney-General, in respect of the law applicable to the cases against US Nationals on charges relating to the possession of ammunition, confirmed that an Attorney General’s Reference to the Court of Appeal certified that where a court finds there are exceptional circumstances, the sentencing judge has discretion under the law, to impose a custodial sentence and a fine that are fair and just in the circumstances of each case rather than impose the mandatory minimum.”

Now, the NSC further informs, “the Chief Justice is advancing sentencing guidelines in this respect.”

TYLER SCOTT WENRICH

Currently, there are four Americans facing this strict law.  TCIG identified:  MICHAEL LEE EVANS, 72, of Texas, who pled guilty to possession of seven (7) 9mm rounds of ammunition and appeared before the court on Wednesday, 24th April 2024, via video conference link.  Evans is currently on bail, with sentencing hearing adjourned to June 18th, 2024; BRYAN HAGERICH of Pennsylvania, who has pled guilty to possession of twenty rounds of ammunition  (rifle rounds).  Currently on bail.  Scheduled to hear sentencing at the end of this month following a widely covered court appearance last Friday May 3rd, 2024; then there is TYLER SCOTT WENRICH, 31, of Virginia, is currently remanded at the Department of Corrections and Rehabilitation  in Grand Turk.  He is charged with possession of two (2) 9mm rounds. He has not applied for bail and RYAN TYLER WATSON, 40, of Oklahoma, currently on bail, charged with possession of four (4) rounds of ammunition. Watson appeared in court on April 24th, 2024. The matter was adjourned to June 7th, 2024.

Turks and Caicos Islander, Ruby Forbes of Grand Turk was also charged for the discovery of a single bullet in her baggage in July last year.  She was released on bail since September 2023 and on Monday April 29, 2024 her matter was listed for pre-trial review.  It is likely, Forbes’ trial will commence soon.

None of the defendants charged were in possession of a gun and so far, at least one defence attorney, since the Court of Appeal judgement has invited the presiding Judge to consider exceptional circumstances which he robustly argued warrants leniency.  More specifically, to impose as the requisite custodial sentence, time the defendant has already spent in police custody and no further imprisonment.

RYAN TYLER WATSON

In this case of Bryan Hagerich, whose sentencing hearing was on Friday May 3, that would be the eight days he spent in Police custody.  The Ordinance also makes it mandatory that a fine accompany the custodial sentence, which can be any time under the mandatory minimum 12 years which as Oliver Smith, KC laid out last week could be the eight days.

The serious criminal charges, which came as a shock to the families who entered the Turks and Caicos as tourists and were, in all cases, exiting the country after their vacations when the ammunition was detected, have attracted vigorous media coverage by US news organisations.

U.S law makers are also now taking notice of the dilemma where their citizens being “unjustly detained” in the Turks and Caicos awaiting possibly dire outcomes.

News Nation, on May 7 carried a report citing comments from the Governor of Oklahoma, Kevin Stitt who appeared on Good Morning America.

Governor Stitt told Americans watching the top rated morning show, that he is working behind the scenes to help the four men; he also called the law “absurd.”

Ruby Forbes

The TCI Government is standing by its Firearms Ordinance however, “The Turks and Caicos Islands have clear laws against the possession of firearms and or ammunition and strict penalties in order to serve and protect the community.  Travellers are strongly advised to search their luggage before they travel to the Turks and Caicos Islands to ensure they do not bring in forbidden items inadvertently.  The Turks and Caicos Islands reserves the right to enforce its legislation and all visitors must follow its law enforcement procedures,” communicated that April 29 statement.

Emerging amidst this divisive debacle, which has raging perspectives on both the Turks and Caicos and American sides about what should happen to the four Americans, is a report that the Governor from Oklahoma has been in contact with Governor of the Turks and Caicos Islands.

Dana Malcolm 

Staff Writer 

#TurksandCaicos, May 9, 2024 – PNP Administration says the 2024/25 budget is one for the people and Washington Misick, TCI Premier laid out the $485 million allocation detailing what will directly benefit each island from Grand Turk to Providenciales. Another $19.7 million in new spending was allocated to the total budget of 63 million for capital projects.

Big ticket items to be completed this year under the capital expenditure umbrella include the National Identification System and the Digitalization of Border Services with allocations of $3.7 million and $12.6 million respectively.

The $12.6 million allocation for Border Services will be split over three budget cycles

“We have ensured that the capital program brings some improvement to each island,” the Premier maintained.

The promises may not hold as much weight for some with the government consistently failing to spend its allocations for capital projects. In 2023/24 only $29 million of the $57 million allocated was spent

Misick sought to explain this “The Public Sector Investment Programme for 24/25 includes projects that started in the last financial year. For some of these projects, there was no tender take-up and for others, the tenders received did not satisfy the evaluation criteria.”

The Capital Projects the Premier listed include:

Grand Turk and Salt Cay

• Construction of West Road and Pond Street Bridges – $650,000
• Construction of drains and site work at the Helena Jones Robinson High School and remediation works on the Ponds. – $3.6 Million
• Upgrading of roads, bridges, and ponds such as Mission Folly and West Road  $3 Million
• Grand Turk Market and Welcome Centre – $1 Million
• Matthew Canal works, Salt Cay – $800,000

Several of these including Pond Street works are longstanding projects

South Caicos 

• Improvements to Cockburn Harbour – $500,000
• Solar Street Lights – $250,000
• Redevelopment of the Conch Ground Facility $1.5 Million
• Redevelop Regatta Village -$1 Million
• Community Road Repairs – $3.5 Million

North and Middle Caicos

• Renovation of the Bambara Beach Vendor Market – $750,000
• Solar street lights – $250,000
• Whitby Roads – $1.1 Million
• Renovate and refurbish the Horse Stable Beach Community Park – $500,000
• Bottle Creek Community Centre -$1.5 million

Nearly all of these projects have been budgeted for before notably, Bambara and Horse Stable Beach Projects.

Providenciales

• New drainage and other improvement work -$3.4 Million
• Pave and repair roads – $4.9 million
• Upgrade recreational parks in Blue Hills, Kew Town, Five Cays, and the Bight – $500,000
• Leeward and Long Bay community roads and solar lights – $500,000
• Community Centre for the Bight – $1.5 million
• Solar streetlights for the Bight – $250,000
• Refurbishing of the Gustavus Lightbourne Sports Complex roof and floor- $800,000
• Road works in Kew Town, including pedestrian crossing – $350,000
• Solar street lights for Kew Town – $250,000
• Way finder signage for Blue Hills – $150,000
• Solar street lights for Blue Hills – $250,000
• Mobile Clinic for Blue Hills – $300,000
• Solar street lights for Sapodilla Bay – $250,000
• Paving of roads in Wheeland – $500,000
• Solar street lights and recreational pavilion for Wheeland– $750,000

In tabling these projects, Misick admitted that the government has a serious issue with delivering large-scale projects.

“We have a capacity problem. We are facing tremendous challenges in developing and implementing big-ticket projects. Public servants are working hard, but the onerous processes, insufficient resources, inadequate technology, outdated laws, an unwillingness to adapt by some, and bureaucracy are frustrating delivery.

That must change.”

The Premier revealed that $300,000 has been set aside in an effort to make the procurement process smoother. Another $1.8 million will be spent on project initiation and project development plans. Misick says that this will allow the government to plan projects a year in advance, speeding up delivery.

With this being the final budget before elections the government has one financial year to complete the projects that they have not been able to pin down since 2021.

Dana Malcolm 

Staff Writer

#TurksandCaicos, May 9, 2024 – With over 50 percent of rooms sold, the Arc Providenciales has officially been greenlit for construction.

The Arc is part of the South Bank development set on the south coast of Providenciales which in total has already sold $ 250,000,000 worth of real estate.

The project offers four different neighborhoods, complete with a private lagoon and man-made islands, which are all selling fast, The Arc, Ocean Estates, which are nearly sold out all clocking between $4 and $14 million in sales, Boat Houses with 34 out of 38 sold and Lagoon Villas which start at $2 million up.

Described as the heart of the South Bank project, The Arc, named after the gently curving design of the building, will be the Turks and Caicos’ most iconic property according to developers.

In a May 2 webinar attended by Magnetic Media, developers revealed that the building will sport a 150-foot-long pool alongside a man-made beach protected by a concrete sea wall but still connected to the open ocean.

The beach is due for completion by November with groundbreaking for the Arc set for the second quarter of this year. The Arc, like many newer TCI properties, will be part residential, part hotel. It’s the last property in the development and the feather in the cap of developer Ingo Reckhon.

Included in the sky villas, which are the most exclusive of the rooms on the Arc, will be indoor-outdoor kitchens, hot tubs, pools, outside gardens, boat slips, and the Turks and Caicos’ first-ever boat concierge service.

It is to be managed by Grace Bay Resorts.

“Both of us are Turks and Caicos companies operating here for over 30 years. We both believe in our people and we hire local employees,” said a representative from Grace Bay Resorts during the meeting. In attendance were dozens of homeowners who have bought into the TCI dream ’live South Bank.’

New construction is a major contributor to stamp duties in the Turks and Caicos and enriches the real estate market in which resale properties are few and far between. The government expects that it will collect over US$50 million in stamp duty taxes from land sale transactions in the 2024/25 financial year.