Drivers who allegedly killed will not go free, Court of Appeal sides with AG Chambers to bring Defendants back

Wilkie Arthur

Freelance Court Reporter

#TurksandCaicos, December 5, 2023 – A November 23rd, 2020 Causing Death by Dangerous Driving case against BRUNO LEXIME and another causing death by dangerous driving case against CAMERON STEPHON COALBROOKE on August 28th, 2021 are listed for sufficiency hearing on Friday December 1st, 2023 before her Ladyship, Hon Chief Justice Mable Agyemang.

Bruno Lexime allegedly struck and killed Mr. Kenneth John Walters, 70 in Blue Hills, Providenciales and Cameron Stephon Coalbrooke is alleged to have knocked down and killed Anricles Cherisma, 42 years old who was cycling along the Leeward highway in the vicinity of Beaches roundabout, Providenciales.

One may wonder why these 2020 and 2021 cases are just listed for sufficiency hearing?

This reporter can reveal, after questioning , it was explained that the offence of “causing death by dangerous driving” was under legal challenge that was argued all the way to the Turks and Caicos Islands Court of Appeal.

The defence had challenged whether or not Section 25 of the Road Traffic Ordinance – causing death by dangerous driving – was in force in these islands based on the 2018 revised edition of the Road Traffic regulations.

Defence attorneys had, controversially, succeeded in their arguments before her Ladyship Ms. Tanya Lobban Jackson in the Supreme Court and the cases were dismissed and taken off the court list.

However, Hon. Attorney General Mrs. Rhondalee Braithwaite-Knowles KC, Ms. Clemar Hippolyte and Ms. Timika Grant filed and argued an Attorney General reference before the Court of Appeal against the ruling of Justice Lobban-Jackson.  The outcome gave the defense a short-lived victory, as the Court of Appeal overturned the ruling which meant, the previously charged would certainly have to face the matter in a TCI court of law.

Years later, the cases are now being heard and are were at the time of this report, in the sufficiency hearing stage.

The Court of Appeal ruled in response and in support of the Hon. Attorney General on February 3rd, 2023; the case put forth as follows:

(1) A law once in force, forms part of the corpus juris and continues in force as enacted unless it is amended or repealed.

(2) A repeal may take place impliedly or expressly by subsequent legislation.

(3) The Law Revision Commissioner has no power to repeal a provision that has not been repealed by subsequent legislation, given sections 6 and 7 of the Revised Edition of the Laws Ordinance.

(4) The learned judge applied too narrow and rigid a construction to Section 10 of the Revised Edition of the Laws Ordinance in her determination that section 25 of the 2018 Revised Edition of the Road Traffic Ordinance, which contained the offence of Causing Death by Dangerous Driving, is not in force in the Turks and Caicos Islands.

(5) The offence of Causing Death by Dangerous driving remains in force in the Turks and Caicos Islands.

The CJ will hear both matters as they are now and determine if sufficient evidence is on the papers/bundles to commit both Causing Death by Dangerous Driving cases to move to trial stage in the Supreme Court.