#TurksandCaicos, September 2, 2023 – EIGHT (8) IMMIGRATION MATTERS came before court on Monday August 28, 2023 and verdicts were delivered in each of them.
CASE #1: MARIE CLYDONNE LYCENOIS CHARLES appeared after being charged with employing two prohibited females in a restaurant located on Leeward Highway Providenciales.
Her matter was deferred after she explained that her attorney was away from two weeks.
The Hon Chief Magistrate(CM) Mr Jolyon Hatmin told the female defendant that, next time, please tell your attorney “pen to paper is free”. The judge conveyed that the defense counsel could have easily just dropped us a small email to let us know, he would be unable to appear.
The CM adjourned the matter for September, 19, 2023. The woman was granted $6,000.00 bail which was signed by her husband.
CASE #2: LUIS SENEIDA JAVIER BERAS. A Dominican woman resident in Grand Turk was sentenced to ‘time served’ given the fact she was in Immigration Department lock up since August 12, 2023.
The woman was granted leave to enter the Turks and Caicos Islands (TCI) on June, 26th 2022; at the time she was given one month to stay. Beras, was subsequently given three additional extensions which took her to October 26th 2022.
Having been reported by an unnamed individual in Grand Turk that she was overstaying in the Turks and Caicos Islands, the woman began making arrangements to leave however, she was arrested before she could depart the country.
Beras told the court, she had purchase her ticket and went to the Immigration office in the nation’s capital to inform that she was leaving on August 21st, but she was still arrested and charged for remaining in the islands beyond the permitted time.
The woman spent four days in Grand Turk lock-up and was then transferred to Providenciales, where she spent an additional nine days locked up before being brought to court on Monday August 28th, 2023.
The CM asked Luis Beras what she was doing from 2022 to now. The woman replied, she had a little two to three month job in a bar but when she remembered, she’s not supposed to be working, she stopped.
Beras was eventually sentenced to the ‘time served’ which means, the 12 days she did in custody between Grand Turk and Providenciales was her actual sentence.
Deportation was recommended immediately.
CASE #3: ABEELARD JEAN, a 43 year old Haitian man arrived in Turks and Caicos Islands waters without immigration approval on August 4th.
The illegal vessel was intercepted and towed into South Dock port. He was charged with unlawful entry and returning to the islands contrary to deportation order.
Evidence was adduced to the court that Jean, using fake names, had come to Turks and Caicos on five different occasions; this latest arrest was his sixth time.
The Public Prosecutor, Ms Enjaleek Dickenson who dealt with all the immigration criminal cases on that day said, the defendant came and was sent back to Haiti in 2005, 2007, 2019, 2020, 2021 and now 2023.
The Hon. CM Hatmin asked the man having pleaded guilty, “what do you have to say before I sentence you?”
The man seized the opportunity, explaining to the Chief Magistrate that “yes” this makes his sixth time to Turks and Caicos, but he has never been to court. He said he has three children in Haiti and two are under 18 years old.
The CM asked, “did you pay to come here?”
Jean said, “no, not this time.”
He was subsequently sentenced to seven months imprisonment and immediate deportation, recommended after the completion of his time.
CASE #4: MELIUS PIERRE was charged with aggravated assisting illegal entry on same August 4 voyage and returning to the islands contrary to deportation order as he is believed to be the captain of the people smuggling operation which led to 140 Haitians being intercepted with 118 males and 30 females on board.
His matter was put off until Wednesday 30th August as his charges is one for the Supreme Court.
Public Prosecutor, Ms Enjaleek Dickenson said the file needs reviewing before they can go forward.
CM Hatmin said we will come back to this case and the defendant who is allegedly the ‘captain’ of that illegal, dangerous voyage was placed on remand.
CASE #5: TONY JOSEPH, 49 entered a guilty plea to unlawful entry for the same date, August 4, 2023.
Joseph admitted to having been to the Turks and Caicos three times in the past. He is a farmer and he has two children under 18, he said. The 49 year old man from Haiti also claimed he did not pay to get to the TCI.
It was also his first court appearance as on the other breaches, he was immediately repatriated.
Joseph said, ‘I came back trying to get a better life, we lost our parents. I have five children that depends on me.’
Despite his explanation, the man was sentenced, five months in HMP.
Immediate deportation is recommended to the Minister of Immigration upon completion of the sentence.
CASE #6: PAUL JEAN ALTIDOR was another who arrived illegally on August 4 in a crammed wooden sloop in waters off Providenciales.
Like his compatriots, Altidor said he came because he wanted a better life. At just 26 years old, he says he did not pay to get into the country.
The man was sentenced to five months in prison and deportation is recommendation after his time is served.
CASE #7: MORAMSON THEODORIS, is 23 years old and is now locked away in a TCI prison for the same offenses of the same date, having come into the country on two other occasions.
Theodoris explained that he is a taxi driver, who left his four month old baby back in Haiti with his little sister. ‘They are in the house by themselves. I don’t know why I come back, they just give me ride, so I come back,’ said THEODORIS.
Six months at the Department of Corrections and Rehabilitation was his lot; again deportation is recommended at the end of the sentence.
CASE #8: ADELINE FRANCOIS is 35 years old and was the only female to have been charged for that illegally organized voyage on August 4th, 2023. Francois was sentenced to only three months in prison after her guilty plea. She is to be deported after that time is served.
Francois was a first timer to the Turks and Caicos. Her reason for making the illegal trip was to take care of her 11year old son; she needed the money to pay school fees. The woman also said the boy’s father died five years ago and she risked her life just to make things better for him.
The CM gave Mrs. Francois a warning; that if she returns to the Turks and Caicos illegally after being sent home, then her sentence in prison will be a much greater one.