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Quick GUILTY verdict; Man to be Sentenced for Gun and Ammunition Possession

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Wilkie Arthur

Freelance Court Reporter

 

 

#TurksandCaicos, November 14, 2023 – Wednesday November 8th was the final day of a four-week-long unlicensed firearm and ammunition trial being held at the Grand Turk Supreme Court.

On trial for the unregistered gun and 12 rounds of ammunition was JEAN ETIENNE DOR aka FIRE of Five Cays, Providenciales.

Magnetic Media was in court for the jury decision in the matter, the accused having been on remand for over a year.  A five-member jury; three women and two men with one of the males, speaking on behalf of the jury as the foreman, delivered their conclusion after only two hours of deliberation.

Before being sent out for deliberation by the learned trial, Judge the Hon Mr. Justice Chris Selochan took around three hours with one break in between, to sum up the entire four week trial to the jury, reminding them repeatedly of what was the case against the accused and what was his defense in response to the Crown’s case.

The judge outlined to the jury, what was the law in relation to unregistered firearms and ammunition possession.  He explained the burden of proof rests solely on the prosecution in criminal cases but he told the jury, that, there is a bit of burden that rest on the defendant as it relates to when one is charged with illegal possession of unregistered weapons.

Judge Selochan explained to the jury how they are to approach consideration of the evidence presented in the case against the accused.

The Judge took the jury back to the date of the police findings on  April 25th, 2022, when a team of officers arrived at the home of Jean ETIENNE DOR armed with a warrant.  Although the warrant was in the wrong name (not in the name of the accused), a search of the premises was conducted and found was a firearm in or on top of a barrel covered by a blanket in a room not occupied by the accused.

The wrong named warrant was raised as an issue during the trial by the senior defense counsel, Lara Maroof Misick.

The judge went on to tell the jury of certain things the accused said to the Police when and after the firearm was found. Even though, these various, different utterances were challenged and denied by the defendant, when it was his turn to give evidence in his own defence on the stand.

The judge reminded the jury, in his lengthy summing up, that they have to treat the case of the defense, with the same weight and importance as the prosecution’s case.

He went on telling them that it’s a matter for them how they regard the account of events as reported by the Police Force at the time of the search and arrest and what the accused man testified in the witness box.

The judge reminded the five member jury, when counsel for the defendant Mrs. Maroof Misick asked the officer(s) for notes, pertaining to their investigation stages, the officer(s) did not have any notes for some important areas, activities and alleged utterances of their investigation.  The jury heard that what was important in that fact, as laid out by the defence attorney Maroof-Misick, is those notes – if they were signed by Jean Dor – could have been supplied to them, as members of the jury for review during the trial.  Without that information, the judge said it was left for the jury to decide who they believe.

The police had said, the defendant told them he had someone living in that room where the firearm was found. He gave them a name that was mentioned in court. He said the person had recently left.

When testifying, the female officer who found the gun did admit to having had to remove clothing before reaching the blanket and under or in the blanket she found the gun; the gun was not in plain sight.

According to the Crown’s case, ETIENNE DOR had told police he was supposed to turn the gun in to a pastor.  The judge continued and explained, the Crown is therefore saying Mr. Dor had knowledge of the gun in that room, which he said was, until recently occupied by a different man.

The Defendant’s version of events to the jury may have been more believable had the defendant’s DNA not been found in such a high ratio on the firearm, after it was forensically tested.  During the trial, it was submitted that the DNA on the green and black gun came back with a strong, positive match for Jean Etienne Dor.

Still, during the judge’s summation the jury was reminded that the defense had an explanation for the DNA presence on the gun; that it could have been transferred there.

The DNA expert, when he testified did explained how transfers can and do occur as was possible in the instant case against the accused.  The police did admit that certain testing and packaging of the firearm and ammunition was done in the open, in the presence of the accused.  This suggests that his DNA could have been transferred on the firearm through communication while the gun was already in Police possession.

Evidence during trial also revealed that Dor’s was not the only DNA found on the firearm; other persons DNA was detected on the gun as well.

The police also said when the accused was asked about the gun, he said how his mother has a shop and plenty people round here robbing.  He said he has bills, he works at the airport for some 14 years.  He also said, I can’t explain it, it’s a long story.  He initially had Chal Missick as his attorney when some of these many utterances were said.

The judge told the jury that throughout the investigation and the trial the defendant had a right to remain silent and nothing negative could have been taken from that because that would have been his right.

In the end, and after a mere two hours, the jury announced it had a decision and found the evidence as presented by the DPP’s office was believable; they found Jean Dor guilty as charged.

Sentencing in this matter is fixed for November 27th, 2023.

Senior Public prosecutor Ms. Tassja Mitchell represented the office of DPP in this trial.  The defendant is facing seven years in prison for the firearm and the ammunition conviction.

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NATIONAL SECURITY COUNCIL STATEMENT REGARDING RECENT THREATS MADE AGAINST TURKS AND CAICOS ISLANDS AIRPORTS AND SCHOOLS

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May 6th, 2024 – As co-chairs of the National Security Council, Her Excellency the Governor and the Honourable Premier condemn strongly recent threats made against Turks and Caicos Islands airports and schools.

We have zero tolerance for these disruptions and the alarm that they cause. The Royal Turks and Caicos Islands Police Force (RTCIPF) continues to work closely with partner agencies and will keep the public updated as we manage the situation.

The National Security Council wishes to reassure residents, travellers and parents that the safety and security of our Islands is its highest priority.

All appropriate measures are being taken to address these threats and all required security protocols are being followed.

The Airports Authority and the Ministry of Education, with school principals are collaborating with the RTCIPF  investigations.

We encourage the public to be extra vigilant against phishing and malicious emails and report any suspicious activity to the authorities.

We appreciate the understanding of the public as we work to ensure the safety and well-being of our airports, schools and communities.

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Family of 16 yo Tourist claims negligence in jet ski death; TCI Coroner’s Court hearing evidence

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Dana Malcolm 

Staff Writer 

 

#TurksandCaicos, May 2, 2024 – The family of a 16-year-old who died in Grand Turk six years ago while on a Carnival Cruise into Grand Turk is a little closer to closure as the Turks and Caicos Islands Coroner’s Court has opened his case for an inquest.

“On Wednesday, May 16th, 2018, at 11:30 a.m. Police and Emergency Medical Officials responded to a two-jet-ski collision that left a 16-year-old male dead, near the Cruise Terminal in Grand Turk. Two people were involved in the collision. The second male did not receive any injuries. This incident is under Police investigation.”

That was the brief police report in the aftermath of Nicholas Twyman’s death.

In the comments dozens of residents and visitors claim to have been on the scene that day, as the boy was pulled ashore, some trying to assist while others looked on, horrified.

Coroner Mickia Mills called up the case on March 21, 2024 almost six years after the incident occurred. Mills is in charge of finding out what exactly happened that day in Grand Turk and whether there was any negligence or if it was simply a terrible accident.

That verdict will be for the coroner and her potential jurors to decide. However, the family has shared their version of what happened that day.

A lawsuit filed in Florida Courts in October 2019 (Twyman v. Carnival Corp) detailed the heartbreaking hours that led up to the death of Nicholas. In it, the plaintiffs, listed as Gyjuanna TWYMAN and Michael Twyman, claim that they docked in Grand Turk and were curious about using the jet skis; both parents and the son were told by the Carnival team aboard the ship that there was not a formal shore excursion in Grand Turk involving jet skis, but that jet skis would be available for rent by the hour.

The family from Indiana claims three jet skis were rented, one for Nicholas, another for his father, Michael, and another for a different passenger, while their mother remained ashore. Wet Money Enterprise is listed as the jet ski company.

The family says they were given little instruction on using the Jet Skis, especially their son who was a new rider.  The lawsuit maintains that Michael was not given any instructions other than being told where the kill switch was and not to ride too close to the cruise ship.

Sometime during his excursion, the young man crashed into the other jet ski. The family claims that neither Carnival Cruises nor representatives from the jet ski company responded. They say it was his father who spun around on his own jet ski, dived into the water for his son, and brought him to shore.

Once there, it was the young man’s mother, a registered nurse, who started emergency medical care.

When Turks and Caicos’s EMS did arrive after 15 minutes the family claims they were unsure how to use certain medical implements and had to be directed by the distressed mother.

The court documents list the cause of death for the young man as blunt force trauma and drowning, similar to what is listed in the TCI courts.

Coroner Mills, who took up her position in 2024, will oversee the proceedings which continued on Tuesday, April 23rd.

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Will DPP Office ‘No Show, No Call’ cause criminal cases to be Dropped?

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Wilkie Arthur

Freelance Court Correspondent

 

#TurksandCaicos, May 2, 2024 – On a bright and early Monday morning (15th April, 2024) in the Supreme Court before presiding lady Justice Ms. Tanya Lobban-Jackson and before His Honor The Chief Magistrate Jolyon Hatmin in the Magistrate’s Court, both courts were once again unable to proceed on its scheduled commencement time due to non or failure of attendance by the Prosecution of the Office of the Director of Public Prosecution (DPP).

Given the fact that this has now happened on more than one occasion, in both the Supreme and Magistrate’s Courts, judges and the learned Chief Magistrate have reached its final straw; they have cited the ‘no shows’ as a disrespect and a disregard for prompt and proper time management to be in attendance for legal proceedings.

From this reporters’ perspective, it appears the prosecution shows up when they like, any time they please and some are guilty of not showing at all without a call or message of explanation for the absenteeism.  The repeated instances have been called, “embarrassing” for the Office of the DPP, when defense counsel and the accused are present in the courtroom but the prosecutor is a ‘no-show, no call, no text.’

On at least two or three occasions, the Supreme Court judge was forced to return to her Chambers; exiting the court with a strongly worded warning, only to return with there still being no member of the Director of Public Prosecution present in court.

There has also been a promise that even serious cases could be dismissed due to this inappropriate practice.

In the final weeks of April, the country learned of a review by a KC out of the UK, who was looking into case progression at the DPPs office.  The Office has also hired a new Director, Philip Bennetts, KC, who takes office in the beginning of June, informed a TCIG media release.

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