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Wrong Information! Tourist shares ‘Exceptional Circumstances’ to escape 12 Years for Gun and Ammo

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Wilkie Arthur

Freelance Court Reporter

 

Unusual Proceeding

#TurksandCaicos, August 14, 2023 – Alex Nash, the 36-year-old American man who last Friday appeared before The Hon. Justice Chris Selochan with intention to plead guilty to an alleged firearm and ammunition found in his possession while leaving the country on July 17th 2023, at the Providenciale/Howard Hamilton International Airport, Turks and Caicos Islands.  However, before being arraigned and pleading guilty, the learned the judge in a practice that is not customarily seen in the Turks and Caicos, begun by asking the accused a few questions directly and not through his lawyer.

He asked him about being advised concerning the matter he intends to plead to. He asked him about his awareness regarding the consequences of the matter he intends to plead. Do you understand the possible punishment you can receive as it relates to these offenses? The accused answered yes to all questions, he was advised by his attorney Ms. Sheena Mair. “He knows the consequence and he accepts responsibility and he’s doing this on his own free will.”

Pleading Guilty

The judge then went on to have the charges read to him. Nash pleaded guilty to possession of a firearm and illegal possession of 20 rounds of ammunition for a gray and black TP 9mm firearm and 20 rounds of ammunition for that firearm.

Exceptional Circumstance

Having pleaded guilty, the judge invited Sheena Mair, Nash’s Human Rights attorney to go straight into her submission. She did and had filed a written submission pertaining to exceptional circumstances.

Ms. Mair proceeded to explain to the judge what amount to “exceptional circumstances” in this case to enable him to depart from the mandatory minimum sentence of 12 years imprisonment for the visiting tourist.

One of the judge’s main expressed concerns were, that, it was legal for her client to have a firearm in his house in the state of Kentucky but if he was moving the firearm, he was supposed to have some sort of permit or permission to you to carry it.

It was mentioned that Alec Nash did not have this permit or permission, but the defendant explained to the judge through his counsel, that he would only need that permit or permission if he was carrying it on him, in his pocket, pants or on a holster but not to carry it from one spot to the next.

It was explained it had to be in a locked box with the magazine outside the gun. This is how it was transported from his house through the airport to the Turks and Caicos Islands. The firearm was properly secured in a locked box.

Ms. Mair explained to the judge that her client was told, when he contacted the airlines that he could travel to the TCI with his gun. They further told him when he reached the Turks and Caicos Islands there will become a special area for him to pick up this gun. He checked when he arrived in TCI. He inquired of the agents here in TCI on where he can pick up his firearm that’s in his luggage. The agents told him all luggage were on the belt, so he then proceeded to the belt and found his luggage there, picked it up and proceeded to the hotel at Rock House where he lived along with his girlfriend.

Ms. Mair told the court that he has no previous conviction in the United States. He did not try to conceal the firearm when travelling to the Turks and Caicos nor on his departure, he made inquiries and was given wrong information.

Ms. Mair submitted a number of case s in support of why the judge should find that there are ‘exceptional circumstances’ to depart from the mandatory minimum sentence of 12 years imprisonment including three local case authorities, two of them being very recent as of this year.

Precedent Set

One from November of 2019 where the then Hon. Chief Justice Mrs. Margaret Ramsey-Hale sentenced a 73 years old retired, disabled, decorated American war veteran, who served as a Navy Seal to $20,000 or one year imprisonment.

The defendant, Aloysius Ebner who was injured in combat, ran his boat aground near an uninhibited Cay namely Big Sand Cay close Salt Cay. He had a number of guns and ammunition in his boat until he admitted to disposing about some seven rifles in deep water when he realized his boat was having problems.  A cache of seven pistols, a shotgun and 8,000 rounds of ammunition were confiscated.

The man was heading back home to the US from the Dominican Republic; he did no jail time in the Turks and Caicos for the major offence which at the time carried a mandatory 7-year prison term.

In a second case, from March 2023, David Carrol O’Connor was found with 44 rounds of ammunition at the Providenciales International Airport, and he entered a guilty plea around two months later.  Justice Tayna Lobban Jackson sentenced him on May 16 to a fine of $6,670.00 or 90 days imprisonment.

Again, no jail time for the visitor to the British overseas territory, despite strict gun laws and high gun crime.

In the case of Alex Guzman, he was found with a firearm and ammunition once again at the airport in Providenciales.  Guzman also pleaded guilty before same judge Jackson on June 2, 2023, and was sentenced on three days later to a fine of $3,500.00 or 60 days imprisonment.

About the Defendant

Counsel for Alec Nash submitted that he had been a legal gun owner in his native USA for 2 to 3 years that he has never had to use it.  It was also expressed that Nash lost his sister to gun violence, and his brother was a survivor of a gun attack. These incidents were cited as the reasons Nash felt the need to get a gun.

It was also presented by the attorney, that Nash lived at the Rock House with the firearm from July 13-17, 2023.  The firearm was kept in a safe whilst living there.

The court also learned Alec Nash is a father of three and legally separated from his wife and that he is responsible for half their maintenance.

Why Alec Nash must Go to Jail

The learned judge Mr. Chris Selochan in hearing the submissions by Principal Public Prosecutor Clement Joseph as he explained in the court this past Friday August 11, 2023, that there are no exceptional circumstances and that all persons charge with firearms and ammo must do jail time.

He said, a gun license in the United States is not exceptional circumstances because it is illegal to possess an unregistered firearm in the TCI.

Joseph said there’s nothing exceptional about these gun cases involving tourists any longer, it’s becoming a norm and everyone saying the same thing. There’s nothing exceptional about these cases any more they must go to prison.

The public prosecutor reminded the judge of the disparity of treatment between a local found with an illegal gun and a tourist found with the same.

Joseph said when locals are found with a firearm, they hardly ever get bail and we imprisoned them for whatever the mandatory minimum is, be it five years, seven years and now 12 years imprisonment.

The same must apply to all individuals found offending no matter the circumstances or where they come from. They must go to jail too.

In the end, the learned Justice found that Sheena Mair made a good and convincing case of exceptional circumstances and he accepted that there were exceptional circumstances to enable him to depart from the mandatory minimum sentence of 12 years.

The judge pointed out that with two very recent cases where a lesser sentence was conveyed upon the defendant, it would be unfair and unjust to treat this defendant any differently.

He therefore sentenced ALEC NASH to a fine of $5,000.00 or 60 days imprisonment. The fine was paid, and Nash has since left the country.

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Rights Without Justice: How Weak Enforcement Fails Women and Girls

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GLOBAL — Laws promising equality for women and girls exist in many countries around the world, yet millions still struggle to access justice when their rights are violated.

That stark reality is highlighted in a United Nations report titled “Ensuring and Strengthening Access to Justice for All Women and Girls,” released ahead of International Women’s Day and the 70th session of the Commission on the Status of Women, which begins March 9 in New York.

The report points to what experts call an “implementation gap” — the disconnect between laws that guarantee equality and the real-world ability of women and girls to enforce those rights.

While legal frameworks promoting gender equality have expanded globally, the report warns that many women continue to face significant barriers when seeking justice.

Among the most common obstacles are high legal costs, long distances to courts and services, language barriers, and low levels of legal literacy. Many women also face what researchers describe as “time poverty,” balancing work and caregiving responsibilities that make pursuing legal action difficult.

Bias and stigma within justice systems themselves can also discourage women from reporting abuse or seeking legal remedies.

The report notes that girls often face distinct and overlooked barriers. In many cases, justice systems lack child-centred procedures, making it difficult for girls to safely report harm or access legal protection. Issues such as child marriage and early pregnancy can further complicate their ability to assert their rights, particularly when they remain legally dependent on family members who may also be the source of harm.

Older women also face unique challenges, often shaped by lifelong patterns of discrimination and economic disadvantage. Gendered ageism can undermine their credibility, with complaints involving violence, neglect, health rights, pensions or property disputes sometimes dismissed or ignored.

The United Nations report also highlights structural weaknesses within justice systems, including limited budgets, shortages of trained personnel and poor coordination between institutions responsible for delivering justice services.

Another factor contributing to the enforcement gap is the continued male dominance within justice sector leadership, which researchers say can discourage women from engaging with institutions meant to protect them.

The findings come as the United Nations marks International Women’s Day under the theme “Rights. Justice. Action. For ALL Women and Girls,” a call for governments to move beyond commitments on paper and ensure that laws protecting women are fully enforced.

Global leaders say closing the gap between legislation and real-world outcomes remains one of the most urgent challenges in achieving gender equality and ensuring that women and girls everywhere can live safe, healthy and purposeful lives.

Developed by Deandrea Hamilton • with ChatGPT (AI) • edited by Magnetic Media.

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Caribbean News

Jamaica Joins Afreximbank Agreement, Strengthening Africa–Caribbean Partnership

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CARIBBEAN — Jamaica has become the 13th CARICOM member state to accede to the African Export-Import Bank Establishment Agreement, further strengthening economic ties between Africa and the Caribbean.

The development was confirmed during the 50th CARICOM Heads of Government Meeting, where an Afreximbank delegation led by George Elombi and Kanayo Awani met with Jamaica’s Prime Minister Andrew Holness to advance cooperation.

Prime Minister Holness thanked the bank for its support following Jamaica’s recent hurricane, noting that Afreximbank financing helped restore critical infrastructure including water, electricity, sewage systems and roads, while also assisting reconstruction efforts aimed at building stronger resilience to future disasters.

The meeting also focused on broader development opportunities tied to Jamaica’s membership in the agreement. Discussions included rebuilding and modernising infrastructure such as railways, hospitals and other public facilities, while strengthening regional transportation and trade networks to improve the movement of people and goods across the Caribbean.

Afreximbank has been expanding its presence in the Caribbean as part of its strategy to connect Africa with the region often referred to as “Global Africa.” The bank has already committed billions of dollars in financing and trade support to Caribbean economies in recent years, including funding for infrastructure, trade facilitation and private sector investment.

By joining the agreement, Jamaica gains expanded access to Afreximbank’s financial instruments, technical support and trade networks designed to promote commerce between Africa and CARICOM states.

Regional leaders say the growing partnership could unlock new opportunities in areas such as trade, logistics, tourism, manufacturing and cultural exchange, strengthening economic cooperation between the two regions with deep historical and diaspora ties.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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Treasure Beach Village Opens at Beaches; Tourism Leaders Expect Surge in Bookings  

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PROVIDENCIALES, Turks and Caicos Islands — A major new chapter in Caribbean tourism has begun in the Turks and Caicos Islands with the opening of Treasure Beach Village at Beaches Turks and Caicos, a $150 million expansion expected to drive increased bookings, air arrivals and tourism earnings for the country.

The new oceanfront development, officially opened on February 28, adds 101 luxury multi-bedroom suites to the resort and introduces new dining, entertainment and family experiences designed to strengthen the destination’s position in the global luxury family vacation market.

Tourism officials and resort executives say the expansion is expected to generate greater demand for the destination, which in turn translates to more flights, more visitor spending and increased government revenue from hotel and tourism taxes.

The development is part of an ongoing investment strategy by Sandals Resorts International, which continues to expand the Beaches brand across the Caribbean.

Executive Chairman Adam Stewart described the opening as a powerful signal of confidence in the Turks and Caicos tourism product.

“This moment reflects a partnership between Sandals and the Turks and Caicos Islands that has been built over decades,” Stewart said during the opening celebrations. The new village, he added, builds on the brand’s reputation for creating multi-generational travel experiences where families reconnect and spend meaningful time together.

The resort expansion reinforces Beaches’ reputation as the world’s leading luxury all-inclusive resort brand for families, and Beaches Turks and Caicos continues to stand as one of the Caribbean’s most prestigious properties.

Government officials attending the ribbon-cutting ceremony, including Tourism Minister Zhavargo Jolly, said the investment strengthens the destination’s international standing and highlights continued confidence in the Turks and Caicos Islands as a premier tourism market.

The new village significantly expands the resort’s accommodation offerings with spacious ocean-view suites and high-end villas designed to host larger families and groups. The property now includes luxury options such as the CrystalSky four-bedroom beachfront villas and a multi-level Chairman’s Penthouse suite capable of accommodating up to ten guests.

Treasure Beach Village also introduces six new dining concepts, including the Pinta Food Hall with multiple global cuisine stations and Butch’s Island Chop House, a signature steakhouse previously exclusive to the Sandals brand.

Additional amenities include a 15,000-square-foot lagoon pool, waterslides and splash zones for children, a swim-up bar, and the brand’s first Starfish Cinema, a theatre designed for family movie nights.

Guests staying in the new village will also have access to the full Beaches Turks and Caicos experience, including 28 restaurants, the 45,000-square-foot Pirates Island Water Park, unlimited water sports and supervised children’s programmes.

Industry observers say the investment not only enhances the visitor experience but also strengthens Turks and Caicos’ reputation as one of the Caribbean’s most sought-after luxury destinations.

 

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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