Man Spared a Life Sentence in Serious Wounding Case

Wilkie Arthur

Freelance Court Reporter

#TurksandCaicos, December 15, 2023 – He was busted in the head and sliced from back to front of his neck; the images of the injuries are blood curdling.

It was supposed to be a short and straightforward wounding with intent trial, instead it ended up running a near three weeks due to complications and objections in the matter.

The accused is Mr. TERINE HARVEY AKA TC and the Office of the Director of Public Prosecution (DPP) brought him before the court on allegations that he on Thursday June 16th, 2022 in Pine or Sam Wilson Yard did maliciously and unlawfully wound Valman “Val” Forbes.

The trial started on Monday October 30th and ended on Friday November 17th 2023.

Representing the defendant, TC, was Senior Human Rights Defense Attorney, Sheena Mair.  For the Office of the DPP was Senior Public Prosecutor, Nayasha Hatmin.

On October 30th there were issues in the jury process due to insufficient numbers to commence impaneling, and her Ladyship Ms. Tanya Lobban Jackson adjourned to the following day for more potential jurors to attend court.

The jury numbers slowly became sufficient throughout the day on October 31, but the case still could not proceed because the prosecutor with conduct of the matter Mrs. Hatmin was ill and Principal Public Prosecutor Clement Joseph was holding for her.

Mr. Joseph, Ms. Mair and Justice Lobban Jackson discussed and agreed to move forward with the jury selection and five women and two men were picked with the trial set to start the following day, November 1.

When the virtual complainant, Valman “Val” Forbes took the stand, he began his testimony by swearing on the Bible to tell the truth and nothing, but the truth.

Forbes said on the night of June 16^th, 2022, TC cut him with something sharp that he didn’t see.  He said he only saw TC’s hand moved swiftly when he tried to turn around and held his neck after feeling the swipe.  Val told the jury he heard a bottle bust, and shortly after, he was cut by TC.  He didn’t see him bust the bottle.

Val gave testimony of how he had to do two or three different statements because his first statement got lost by police officers.  His supporting witness refused to cooperate with the police to give another statement, having learned that the first statement given went missing.

Val Forbes told the court that he and TC had a problem before, and the day of the incident was a continuation.  He said they were in Sam’s/Pine’s Yard in Kew Town, playing Dominos, gambling and drinking.  He admitted, and yes, “smoking weed too.”

He said he and TC argued on more than one occasion and what he think really got him when he told him, “Boy girls/women looking for money these days,” suggesting that TC has none.

Forbes said TC kicked him on his leg and he (Forbes) punched him; they got into a fight.

“I had to show him, he ain’t ready for me.”

Throughout Forbes’ testimony, in an upset and uncomfortable manner, he kept belittling and stating derogatory comments and statements about his alleged attacker as he sat in the defendant’s dock.

The complainant said “he thinks because I have one arm, he could have handled me, but he had to go get something and cut me.”

There were even seemingly irrelevant statements made including about a relationship, Forbes claims to have had with a police woman and how he “can’t stand her anymore.”

Val Forbes spent three days testifying in the witness stand and the cross examination could easily summed up as an unpleasant experience.

Having realized the VC, Val Forbes was not cooperating or unwilling to cooperate with her under cross-examination; Sheena Mair asked him if he smokes cocaine?  He replied, “Yes, we do that sometimes.”

She asked him if he’s high on ‘coke’ now while testifying, however Forbes denied being high at the time.  Still he showed signs of being agitated and irritable in the lengthy intense cross-examination by the defense.

What also appeared rather shocking and surprising was that the doctor testified and made no mention of the head injury.  Dr. Gregory Lawdell only spoke of the size, the depth, the seriousness, and in his professional opinion what he believes caused such a wound to Val’s neck.

Attorney Mair asked the doctor about Val’s behavior and mannerism toward the hospital staff that night when he came in for treatment and the doctor said he was very, very upset and angry but he doesn’t think it was towards the staff but because of what happened to him.

Forbes’ sister, Hynetta Karen Forbes testified regarding photos she took of her brother’s two injuries (head and neck) that night of the incident, as the Police nor the doctor took any photos and had none to give Mrs. Hatmin the prosecutor.

After the Crown closed their case, Sheena Mair made an application of “no case” submission to the judge Tanya Lobban-Jackson, but it was rejected.

The defense then called its only witness Jason Moore who said he refused to give the police another statement because he told them he “lied.”

Moore said he needed the money, and Val Forbes had “paid” him to lie.  He told the judge and jury he went back and told the authorities what he did.

Her Ladyship Ms. Tanya Lobban Jackson, at the close of the defense and prosecution speech or closing remarks, summed up the case to the jury by outlining the evidence and the law clearly to them.

They jury was then released for deliberation and came back with a verdict of not guilty against TERINE HARVEY.

Magnetic Media was present for days throughout this trial and captured the Val Forbes on video while the jury was out deliberating.

He appeared so happy and confident in hope of a guilty verdict.

We also captured the defendant outside the court while he awaited his verdict and after the verdict of “not guilty” was delivered.

Clearly pleased with the outcome, Harvey said about his attorney, “She’s the bomb, she’s the bomb.”