News
Elderly American man gets bail on bullets charge; Cancer diagnoses sways court
Wilkie Arthur
Freelance Court Reporter
#TurksandCaicos, December 21, 2023 – He is a 72-year-old, retired school teacher now serving in the Catholic Church in his home state of Texas in the United States of America. He arrived in the Turks and Caicos Islands (TCI) along with his wife and family as they renewed their vows, celebrating some over 40 years of marriage.
As we wish not to divulged too many details regarding his terminal cancerous medical conditions but the aged senior is near death and came to TCI on what could be one of his final vacations according to his medical records from doctors in the United States. The heartbreak of the doctor’s prognosis, revealed in open court by his defense team Oliver Smith, KC, and his junior assistant Ms. Kimone Tennant was palpable.
The old man was leaving the TCI on Tuesday, December 12th, 2023 with his family after an enjoyable vacation when, at the Providenciales International Airport, seven rounds of low end 9mm ammunition was discovered in his departure luggage.
MICHAEL-LEE EVANS was released on Police bail with the directive to return to the station on the December 19th but given his poor health, his senior defense counsel Oliver Smith KC made emergency arrangements with police and the Magistrate’s Court to meet them at the court instead of the police station, where detectives charged EVANS with being in possession of unregistered ammunition without being the holder of firearm; which is illegal in the TCI.
In a fast moving case, the Grand Turk Acting Resident Magistrate Ms. Patricia Arana told the accused when brought before the court (she appearing by video link from the Grand Turk Magistrate’s Court) that she would be unable to consider or grant him bail. Magistrate Arana added that a plea was not yet required and the matter was scheduled for its Sufficiency Hearing on February 2; she then transferred the matter to the Supreme Court.
Attorney KC Smith rushed to the Supreme Court’s office in order to file a bail application; his action was met with success as a bail hearing was arranged for 11:30a, pm December 19.
Magnetic Media was present at the bail hearing which was opposed by senior public prosecutor Mrs. Nayasha Hatmin on the instructions of the learned DPP. Hatmin did give an earnest effort to have the hearing re-scheduled to a later date however, Judge Tanya Lobban Jackson was opposed to any adjournment of the matter especially given the court was due to be shut until the opening of the new legal year in 2024.
Due to the deteriorating health of the elderly defendant, KC Smith took a bold approach and asked the Court for the visitor to be allowed to return to the US to continue his extensive and continuous medical treatment while waiting on his sufficiency hearing.
Mr. Smith told the court in plain and direct language that to keep Mr. Evans here in the TCI could result in his death while under our watch. Smith raised the points that the accused requires round the clock medical care and to remand him at the Department of Corrections which has no doctor and is only visited by a nurse from time to time, could be detrimental.
The DPP’s office was not prepared to back down despite the reasoning put forth, explaining that this “is a very serious offense that carries a mandatory minimum of 12 years in prison” and said, if the accused was allowed to leave, he has no reason to return.
Her Ladyship Tanya Lobban Jackson having heard both sides in her decision said, the accused man’s medical needs is what “tips it over the scale”. Bail was granted for Michael Lee Evans in the sum of $20,000.00; $10,000.00 to be immediate cash and $10,000.00 surety for one or two persons to sign.
The judge went on to order that Evans is allowed to leave the jurisdiction and attend court via link from overseas through his attorney Mr. Smith, KC. Explaining that the 72-year old cancer patient did not have to return for the February 2nd, 2024 Sufficiency Hearing but that he “must return to the TCI for the date of the plea and direction hearing(PDH).”
Michael-Lee Evans has since left the country along with his family.