AG Chambers looks to make stiff gun laws more equitable, responding to MP question

Dana Malcolm 

Staff Writer 

#TurksandCaicos, November 1, 2023 – A year out from the creation of new laws with longer prison sentences for gun and ammunition possession the Turks and Caicos government is going back to the drawing board to make sure that the application of the hefty sentences are not so rigid.

“The government has approved me bringing before the Court of Appeal an Attorney General’s reference of questions that would provide clarification from the higher court as to— exceptional circumstances,” said Rhondalee Braithwaite Knowles, Attorney General, speaking in the House of Assembly on October 26.

The answer was prompted by calls from Jameka Williams, Government Appointed Member, who raised concerns shared with her by residents about the divide between the long sentences given to Turks and Caicos Islanders and the short ones given to visitors.

“[Visitors] are given a fine or a penalty that is far less than what is already on the books— when it is our Turks and Caicos people who find themselves in similar situations our justice system doesn’t seem to work so swiftly and we basically throw the book at them. There must be equality and balance,” she demanded.

Magnetic Media can say based on our court reporting, there have been few cases of exceptional circumstances, which resulted in lowered criminal sentences regarding firearms and ammunition.

Braithwaite Knowles, KC explained that the government had clocked the concerns

“I would like to confirm to the honorable member that the concern that she has, has not escaped the attention of the government,” she continued, “In the legislation which we recently passed- which is specifically targeting the upsurge in crime exceptional circumstances are included there.”

Braithwaite-Knowles said the new actions are in an effort to provide more clarification for the application of those exceptional circumstances in the courts as Williams rightly called for.

In addition, a Criminal Law Bill laid in the House on October 26th is attempting to use legislation to clarify the mandatory minimum sentences in regards to firearm offenses and how the judiciary can unwaveringly carry out the government’s mandate.

Action in the Court of Appeal, will look at both what counts as exceptional circumstances, and when they can be applied. In addition, it will look back at several recent cases in the Turks and Caicos, and decide whether the court balanced exceptional circumstances and jail time effectively.

The matter is to be heard on December 7th and the Attorney General hopes that guidance will be with the courts by the end of the year.