Connect with us

News

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

Published

on

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.

News

Facts According to the Turks & Caicos Premier About His Constitutional Amendments    

Published

on

What Premier Charles Washington Misick says the proposed constitutional reforms are—and are not.

 

FACT 1: The proposed amendments are not intended to extend the life of Parliament.

According to Premier Misick, his Government did not request longer parliamentary terms and has not sought constitutional changes to keep itself in office beyond the existing electoral cycle.

FACT 2: Cabinet expansion is about governing capacity, not political power.

The Premier says the proposed increase in the number of ministers reflects the growing responsibilities of Government and is intended to improve administration rather than create political advantage.

FACT 3: The Government wants greater local responsibility.

Misick says the constitutional proposals are designed to strengthen the Turks and Caicos Islands’ ability to govern its own affairs while maintaining its constitutional relationship with the United Kingdom.

FACT 4: The Constitution should not become a political weapon.

The Premier argues constitutional reform should be approached as a national issue that outlives individual governments and political parties.

Include his strongest quote on this point.

FACT 5: The Commission process involved consultation.

According to the Premier, the constitutional proposals emerged through discussions with the Constitutional Review Commission and engagement with stakeholders before being presented to the United Kingdom.

Insert his supporting quote.

FACT 6: Government is seeking better governance, not fewer checks and balances.

The Premier maintains the reforms are intended to improve decision-making, accountability and the effectiveness of Government.

Insert his supporting quote.

FACT 7: The Premier says some proposals now being criticized were previously supported.

Misick contends that several constitutional recommendations now under attack had earlier received support across the political spectrum.

Insert the relevant quotation.

FACT 8: The goal is a modern Constitution.

The Premier says the reforms are intended to modernize the Turks and Caicos Islands’ governance framework to better reflect today’s realities and future development.

Insert his closing quotation.

Editor’s Note

This Fact Report summarizes Premier Charles Washington Misick’s explanation of the proposed constitutional amendments as presented in the House of Assembly on July 31, 2026. It reflects the Premier’s stated positions and is intended to help readers understand the Government’s rationale. Responses from the Opposition and other stakeholders will be presented separately.

Continue Reading

News

“The Contract is The Problem, Not The Hospitals”

Published

on

Premier says people deserve the full story as he lays out the cost of the InterHealth Canada concession and Government’s plan to reclaim public control

By Deandrea Hamilton | Editor

Turks and Caicos, August 4, 2026 – PROVIDENCIALES, Turks and Caicos Islands — Saying the public deserved to hear the whole story, Premier Charles Washington Misick laid bare the InterHealth Canada debacle, revealing that more than $827 million has been paid by the people of the Turks and Caicos Islands under the hospital concession while insisting, “the contract is the problem, not the hospitals.”

Delivering what he described as “a full and frank account” to the House of Assembly on July 31, the Premier said the people “deserve honesty. They deserve to understand how we arrived at this moment, what it has cost them, and what this Government is doing about it.” He acknowledged that the opening of modern hospitals in Providenciales and Grand Turk marked “a genuine step forward for healthcare,” but argued that the agreement supporting them was fundamentally flawed.

“The hospitals themselves are an asset. The contract under which they are operated has become an unsustainable burden.”

Turning to the origins of the agreement, Misick relied heavily on the findings of the Commission of Inquiry led by Sir Robin Auld, saying the public must understand why the dispute has become so costly.

“There was no competitive tender. The construction contract was awarded to a company linked to the same ultimate beneficial owner as InterHealth Canada itself — creating, in the Commission’s own words, a closed commercial loop in which public money flowed from the government to one entity and back to the same private interest through another. The Commission found this constituted an unacceptable conflict of interest.”

He continued:

“Those findings had consequences that extended far beyond this project. They contributed directly to the suspension of our Constitution and the imposition of direct rule from London in 2009.”

The Premier said he was not revisiting the history to assign blame but because “the House and the public must understand the nature of the problem we inherited — and why the structural flaws embedded in this agreement from the very beginning have proven so difficult and so costly to resolve.”

Misick also outlined what he described as the staggering financial burden now carried by taxpayers.

“Between 2016 and 2025, this Territory spent $827.8 million on public healthcare. Today, healthcare consumes more than 32 percent of all government expenditure and 8.1 percent of our GDP.”

He argued the concession’s payment model is largely responsible for those costs.

“The operator was reimbursed for its actual costs, plus a fixed margin… That is not a sustainable model for any healthcare system. And it is a central reason why the cost of this arrangement has grown to the levels we are now confronting.”

Looking ahead, the Premier said the Government’s focus is not only on resolving the current concession but also on preventing small island states from facing similar legal and financial burdens in the future.

“We will engage the United Kingdom Government… We will work through CARICOM and the Commonwealth to advocate for reform of international arbitration — to introduce procedural flexibility, development-sensitive interpretation, and affordability safeguards that protect small states from the disproportionate burden that the current system imposes.”

He closed by reaffirming his Government’s objective:

“This Government will resolve the concession. It will reclaim the hospitals. And it will build a healthcare system worthy of the trust that our people place in it.”

Continue Reading

News

Premier Lays Out Cost of Hospital Dispute

Published

on

Misick details legal losses, mounting healthcare costs and Government’s plan to move beyond the InterHealth concession

 

By Deandrea Hamilton | Editor

Speaking during the House of Assembly on Friday, July 31, Premier Washington Misick delivered what he described as a “full and frank account” of the Government’s long-running dispute with InterHealth Canada, revealing that litigation surrounding the hospital concession has already cost the Turks and Caicos Islands approximately $39.7 million and confirming that another arbitration remains before the tribunal.

“The people deserve honesty,” Misick told the House. “They deserve to understand how we arrived at this moment and what it has cost them and what this Government is doing about it.”

The Premier said he intends to table a detailed paper outlining the history of the hospital agreement, the financial figures and the legal decisions that have shaped the dispute.

“I think we owe it to the public to be transparent at all times,” he said. “At the end of the day, they are the ones who are paying for these things.”

Misick stressed that the hospitals themselves have transformed healthcare in the Turks and Caicos Islands, but argued the concession agreement underpinning them has proven financially and legally unsustainable.

“The hospitals themselves are an asset. The contract on which they operate has become unsustainable.”

Tracing the agreement back to 2008, the Premier said findings by the Commission of Inquiry highlighted the absence of a competitive tender process and identified conflicts of interest that, he argued, contributed to the structural weaknesses of the contract.

“I do not rehearse this history to apportion blame across party lines,” Misick said. “I raise it because the House and the public must understand the nature of the problem we inherited and why the structural flaws embedded in this agreement from the very beginning have proven so difficult and so costly to resolve.”

He explained that the concession created separate responsibilities for infrastructure management and clinical services, making accountability difficult to enforce, while the payment model reimbursed costs plus a guaranteed profit.

“This is not a sustainable model for any healthcare system,” he said.

The Premier also disclosed the scale of healthcare spending, stating that public healthcare cost the country $828 million between 2016 and 2025, representing 32 percent of Government expenditure and 8.1 percent of national GDP.

He then outlined the cost of the first international arbitration, saying Government was ordered to pay $18.5 million in principal and interest, $8.2 million toward the company’s legal costs, in addition to arbitration expenses and the Government’s own legal fees.

“The total cost of the territory from the first arbitration alone was approximately $39.7 million,” Misick said. “I want this House to sit with that figure for a moment. Eight percent of our annual budget consumed—not by schools, not by roads, not by housing—but by the cost of resolving a dispute with a private contractor.”

Turning to the second arbitration, the Premier said the tribunal ruled that Government must pay $9.3 million in outstanding invoices, while the substantive arbitration over maintenance, performance and Government’s counterclaims continues.

“In plain terms, the contract requires the Government to pay first and dispute later,” Misick said. He added that the ruling “does not mean the arbitration is over” and “does not mean that the Government’s position on performance has been found without merit.”

Despite the legal setbacks, the Premier maintained that Government remains committed to bringing the concession to an orderly conclusion.

“Over the coming months, we will resolve the concession. We will reclaim the hospitals and build a healthier system worthy of the trust that people place in it,” he said.

While Misick did not elaborate on what “resolving the concession” will involve, he said the objective is to replace what he described as an unsustainable arrangement with a healthcare system that is “publicly accountable, financially sound and built on a foundation that will last.”

Editor’s Note: This report is based on Premier Washington Misick’s statement to the House of Assembly on Friday, July 31, 2026. The Government has indicated that a supporting paper detailing the history, financial figures and legal decisions surrounding the hospital concession will be tabled in the House of Assembly.

Continue Reading

FIND US ON FACEBOOK

TRENDING