WILKIE ARTHUR now has a Driver’s License; Victory in LANDMARK Civil Case against DMV & AG

#TurksandCaicos, August 11, 2023 – Tuesday August 8, 2023 The learned Resident Magistrate, Mrs. Oreika Selver-Gardiner heard by way of evidence in an appeal against a decision of the Director of Motor Vehicles, Wilbur Caley  and the Hon Attorney General Mrs. Rhondalee Braithwaite-Knowles, KC.

The landmark case set a precedent in the Turks and Caicos Islands.  It is also a beacon of hope for those facing similar challenges.  Having heard evidence from Wilke Arthur who took the witness stand first in the trial, as it was his case he brought against the Government agents.

Mr. Arthur on oath testified of being released from His Majesty’s Prison and was refused allowance to renew his license until he had paid back fees for the past 11 years; a period of time when he was serving out a sentence in prison.

Mr. Arthur told the learned Resident Magistrate that he told the Director this was wrong and that he has been through this before but the previous directors waved the fees given the fact that he was incarcerated.

Two civil attorneys, Clemar Hippolyte Principal Senior Crown Counsel and her junior well qualified assistant Tamika Simms-Williams traveled from the Grand Turk’s Attorney General’s Chambers and vigorously challenged Mr. Arthur’s claim in support of the director’s position and decision.

Mr. Arthur, after giving his evidence in chief was cross-examined by the Senior Principal Crown Counsel but he stood his ground well, maintained his position and was unshaken by the cross-examination.

Mr. Arthur called no witnesses on behalf of his case, it was then the Crown’s turn to convince the Hon. learned Resident Magistrate of its position.

They called Mr. Wilbur Caley to the witness stand/box, he testified he was charging back fees for years since  being director.  He further said he doing it because the law speak on renewal of driver’s license being back dated to it’s date of expiration, so that means the fees must be back dated as well.

Crown counsel, Tamika Simms Williams asked him about fees being waived, he said he has never done it.  The director maintained his position in evidence in chief.

He was then subjected to cross-examination  by unrepresented Mr. Arthur. He took him through sections of the ordinance.  The director still tried to maintain his position that he was right and supported by law to be charging people back fees.  Mr. Arthur put it to him forcefully that there’s absolutely no provision in law empowering you to be charging back fees.  Mr. Arthur asked him to show the court one section in the ordinance where it speaks on back fees?  After several attempts for a near hour of cross-examination and reluctance responses, Mr. Caley admitted that there is no section or no provision in the laws governing the Department of Motor Vehicles that speaks specifically of back fees.

One very serious concerning  and highly unethical disturbing observation Mr. Arthur brought to the Court’s attention was that Senior Principal Crown Counsel, Ms. Clemar Hippolyte when Mr. Caley was asked by Mr. Arthur “so you would agree that what you were doing over the years by charging back fees when was a matter of policy and not law?”

Before Mr. Caley could answer the suggestion by Mr. Arthur, Ms. Clemar Hippolyte told him under her breath to say “law.”

Mr. Arthur, in catching the exchange, raised serious issue with the court and complained about how the senior principal Crown Counsel boldly telling the witness how to testify.

Arthur’s account was that, “She began stammering in her response and said I was speaking to my assistant not the witness.”

The learned Resident Magistrate showed concerns and told Ms. Hippolyte that if she’s speaking to her junior counsel, to do it more quietly please.

Having won the case, Mr. Arthur told Magnetic Media that he couldn’t believe for a nation that always speaking on how much we wants to rehabilitate and assist ex-offenders in leading law abiding new lives, he was being forced to pay back fees for the renewal of his driver’s license having been incarcerated for a number of years.

It would have meant hundreds of dollars in cost.

Arthur said, government actions are far from their words and “their public speeches and press releases.”

While Arthur said he found it “very discouraging and troubling”  he would not permit the ordeal to sidetrack him from “going forward positively with the continued help of Almighty God.”

Wilkie Arthur also informs that he now has his driver’s license as immediately following the court decision, he went to the Department of Motor Vehicles, DMV to begin the process of obtaining his renewed driver’s license.