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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.

Bahamas News

Mother’s Pride Headlines Bahamian Takeover at Sixers-Heat Clash in Miami

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The Bahamas, March 30, 2026 – The voice of a proud mother captured the spirit of a nation Monday night, as Bendra Rolle shared heartfelt reflections on the overwhelming Bahamian support for her son, VJ Edgecombe, during the Philadelphia 76ers matchup against the Miami Heat in Miami.

“The patriotic support and scenery at my son, VJ Edgecombe’s NBA game… was overwhelming,” Rolle said in a statement issued following the game. “The arena in Miami was lit. Bimini and the Bahamas showed up and showed out.”

Her words come amid what has already been widely described as a remarkable showing of national pride, with Bahamians traveling in large numbers to South Florida to witness the young guard’s continued rise. For Rolle, however, the moment extended far beyond basketball.

“Beyond VJ’s basketball talents, I’m so moved by his magnetic personality and personal journey to inspire and excite an entire nation—our beloved Bahamas,” she said. “I thank God for VJ’s humility and for his hunger for greatness. He never forgets how far God has brought us.”

While the Sixers did not secure the win on the night, Edgecombe delivered a solid individual performance, finishing with 13 points and five assists. He made an early impact on the game, showing confidence and poise before foul trouble disrupted his rhythm, but still managed to leave his mark in meaningful minutes.

The game itself evolved into a cultural showcase, with Bahamian flags waving throughout the arena and chants ringing out in support of Edgecombe. Much of that presence was bolstered by a coordinated travel push from Bahamasair, which helped facilitate fan travel and added to the electric atmosphere in Miami.

Rolle said the emotional weight of the moment was deeply felt by her family, as they witnessed firsthand the unity and pride of the Bahamian people.

“Thanks and love for the tears and overwhelming joy on Monday, Bahamas,” she expressed. “The Bahamian flags were love, loud, and proud. On my own behalf, VJ, and the entire family, I am ever grateful for the indescribable experience.”

Her closing words underscored what many have described as the true victory of the night—not the final score, but the powerful display of national pride and support surrounding one of The Bahamas’ rising stars.

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50 Years of Ministerial Government: Cabinet Moves to Mark Milestone Rooted in 1976 Constitution

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Turks and Caicos, March 30, 2026 – The Turks and Caicos Islands is preparing to mark a major political milestone, with Cabinet approving the establishment of a National Commemorative Committee to celebrate 50 years of ministerial government, a system first introduced under the 1976 Constitution.

The decision, confirmed in the February 10 Post Cabinet statement, signals a year of reflection on a governance model that fundamentally reshaped how the country is run — shifting from direct colonial administration toward locally led political leadership.

That shift was formalized in the Turks and Caicos Islands Constitution Order 1976, which laid the legal foundation for ministerial government and introduced a structured Executive and Legislative system.

At its core, the 1976 Constitution established an Executive Council, bringing together:

  • a Governor,
  • a Chief Minister elected by members of the Legislative Council,
  • and Ministers appointed to assist in governing the Islands.

A Very Different Government Back Then

If today’s Cabinet feels crowded, the 1976 version would have seemed almost unbelievable. There were just three Ministers serving alongside the Chief Minister — a tight, compact leadership team responsible for the affairs of an entire country. No sprawling list of ministries, no long roster of portfolios — just a handful of individuals carrying the weight of governance.

Becoming a Minister wasn’t a direct vote of the people either. You first had to win a seat in the Legislative Council, and from there, the Chief Minister would recommend who should serve. The Governor then made the appointments. In other words, political trust and alignment mattered just as much as public support — and ultimate authority still rested above the local leadership.

And as for job security? There wasn’t much of it. Ministers served without fixed terms and could be removed if they lost their seat, resigned, or if the Governor revoked their appointment. Even the Chief Minister could be ousted through a vote of no confidence. Add to that the basic requirements — being at least 21, a British subject, and meeting residency rules — and it’s clear that ministerial government in 1976 was not only smaller, but far more tightly controlled.

This marked the first time elected representatives were formally given defined roles in the administration of national affairs.

Under the Constitution, the Governor retained overarching authority, but was required in many instances to act on the advice of the Executive Council, particularly in shaping policy and overseeing government operations.

The Chief Minister, meanwhile, was positioned as the central political leader, responsible for directing government business and advising on the appointment of Ministers.

Importantly, the Constitution also allowed for the assignment of responsibilities to Ministers, giving them oversight of specific areas of government — a structure that remains at the heart of today’s Cabinet system.

Section 13 of the Order made clear that Ministers could be assigned responsibility for the administration of departments or government business, embedding accountability and functional governance into the system.

The Legislative Council, established alongside the Executive, provided the law-making body, with elected and appointed members participating in debates, passing legislation, and representing the interests of the Islands.

Together, these provisions created the framework for what is now recognized as ministerial government — a hybrid system balancing local political leadership with constitutional oversight by the Governor.

The explanatory note of the 1976 Order describes it as introducing “new provisions for the Government of the Turks and Caicos Islands,” including the creation of a Legislative Council with elected members and Ministers appointed on the advice of the Chief Minister.

Fifty years on, that structure has evolved through subsequent constitutional changes, but its foundation remains rooted in the 1976 framework.

Cabinet’s decision to establish a commemorative committee suggests that the anniversary will not only celebrate political progress, but also invite reflection on how effectively the system has delivered on its promise of representation, accountability, and governance.

As the Islands approach this Golden Jubilee, attention is likely to turn not only to the achievements of ministerial government, but also to the ongoing question of how the system continues to serve a modern and rapidly developing Turks and Caicos Islands.

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

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Government Moves to Amend Destination Management Fee Law

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Turks and Caicos, March 30, 2026 – The Turks and Caicos Islands Government has signaled changes to its tourism funding framework, with Cabinet approving draft amendments to the Destination Management Fee Act 2023.

The decision was confirmed in the Post Cabinet statement following the February 5 meeting, chaired by Governor Dileeni Daniel-Selvaratnam, where members agreed to move forward with revisions to the law governing the collection and administration of the fee.

The Destination Management Fee, introduced in 2023, is applied to travelers entering the country and is embedded within the cost of travel. The charge was designed to support tourism-related development, including marketing, infrastructure, and sustainability initiatives.

At the time of its introduction, the fee was linked to the establishment of a Destination Management and Marketing Organisation (DMMO), which was expected to coordinate tourism strategy and enhance the visitor experience.

However, recent developments have shifted that landscape.

The DMMO has since been discontinued, raising new questions about how funds generated through the fee are being managed and what structure will now guide tourism development efforts.

The Cabinet note does not outline what specific changes are being proposed under the amended legislation.

It also does not indicate whether adjustments will be made to:

  • who pays the fee,
  • how it is collected, or
  • how the revenue is allocated and overseen.

The move to amend the law comes amid broader government efforts to strengthen revenue collection and compliance, including updates provided to Cabinet on the work of the Drag-Net Steering Committee — a multi-agency initiative focused on improving government revenue systems.

The lack of detail surrounding the amendments leaves several key questions unanswered, particularly given the fee’s direct impact on both visitors and residents and its role in supporting the country’s tourism economy.

Any changes to the Act would require further legislative steps, including presentation to the House of Assembly, before taking effect.

For now, the Cabinet’s approval signals that the government is moving to revise a policy that is already in force — but without yet disclosing how those revisions will alter the current system.

As tourism remains the backbone of the Turks and Caicos Islands economy, clarity on the future of the Destination Management Fee — and the framework it supports — is expected to be closely watched in the weeks ahead.

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

Photo Credit: TCIAA

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