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Fr. Mark Kendall calls on all Actors in the Judicial System to Do Better

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Dana Malcolm 

Staff Writer 

 

#TurksandCaicos, January 20, 2024 – “I say to you—   as a representative of the people of the Turks and Caicos, for those who may not have a voice and those who are in prison on remand. Court dates ought not to be postponed  over and over and cases dragged out by the whim and fancies of counsel,” was the serious warning from Father Mark Kendall as he spoke during the January 4 2024 Legal Year Opening church service held at the St. Monica’s Anglican church in Providenciales.

Fr. Kendall encouraged the gathered judicial officers to address the length of time suspects were spending on remand and several other issues.

“In the book of Ecclesiastes we read in chapter 8 and vs 11 because defense against an evil deed is not executed speedily the human heart is fully set to the evil,” he continued, “ In visiting the prison in the past the inmates invariably complained about their cases taking interminable time to progress.”

“Even worse,” Kendall lamented, “are the incidents of attorneys taking payments but not pressing the matters for which clients have paid,” he said.

Kendall stressed too that the conviction rate was too low locally.

“The correlation between the occurrence of crimes and convictions is lopsided,” he continued “I dare say that national progress in the Turks and Caicos islands is stymied by nepotism, cronyism, and island insularity.”

Both defense lawyers and the prosecution were held responsible for this failing by the church rector.

“It is annoying when defendants get off scot-free because of technicalities in the law or defense attorneys capitalizing on— the law, we see the manipulation of the law making it malleable and docile as necessary to confound the prosecution,”  he claimed.

It must be noted that all defendants under TCI law are innocent until proven guilty and defense attorneys, many of whom offer their services to legal aid, have the overarching responsibility to protect their clients.

The prosecution did not escape unscathed, as Kendall criticized the “insipidness of their preparation,” as part of the low conviction rate.

Fr. Mark Kendall also expressed dismay at the gap operations in the past resulting from inadequate staff.

“Never again must the Turks and Caicos have only two functioning judges,” he said.

Yet, despite these strong warnings, Fr. Kendall, commended the increased number of judicial personnel.

The issues are longtime complaints of residents in relation to the judiciary and were also addressed by Angela Brooks, Acting DPP, who promised fixes for them in the current legal year.

The clergyman also said the government should consider reassessing the monetary allocations given to the judiciary to make sure they are properly funded.

“There must be correlation with regard to the institutions of the country. We are happy individuals can benefit from the economic boom but the institutions must also reflect that they are benefiting.”

Reflecting on the Government’s system of allocation to various arms and departments he said,  “Perhaps it is that some of the agencies that the departments or sectors of the judiciary, and the court system in the Turks and Caicos islands need more.”

Kendall also gave his opinion on the current privately owned buildings that house the various courts, stressing that they should be publicly owned and their security handled by the Office of the Chief Justice.

He warned of  the possible financial ramifications that could occur because of the lack of security regarding members of the bench.

Fr. Kendall’s speech came mere hours before the Chief Justice of the country would make an unprecedented call for more funding and better accommodations for the country’s courts.

Currently in the Turks and Caicos, there is not enough space for all the courts to sit simultaneously without displacing each other. In some cases like Grand Turk, the Magistrate’s court and Supreme Court have to alternate for a shift system which slows down the judicial process.

Citizens of the Turks and Caicos were also called on by Fr. Kendall to stop ‘hiding out’ from jury duty when they were called; he urged citizens to play their part in the execution of Justice.

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Police Commissioner Honoured with Distinguished Civic Service Award at TCHTA Star Awards

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Providenciales, Turks and Caicos Islands – Commissioner of Police Fitz Bailey has been recognised for his contribution to national security and the tourism industry, receiving the Distinguished Civic Service Award at the Turks and Caicos Hotel and Tourism Association’s Star Awards held on February 19, 2026 at Beaches Turks and Caicos.

The annual awards ceremony is the premier recognition event for the territory’s hospitality sector, bringing together industry leaders, executives and frontline professionals to celebrate excellence and the individuals whose work strengthens the destination’s global reputation.

Commissioner Bailey was honoured for his strategic leadership in the fight against crime and the measurable reductions in major offences, efforts widely credited with improving public confidence and reinforcing the Turks and Caicos Islands’ standing as a safe and competitive tourism jurisdiction.

In accepting the award, the Commissioner dedicated the recognition to the officers and staff of the Royal Turks and Caicos Islands Police Force, praising their commitment and professionalism in what he described as a collective national effort to make the islands more secure.

The TCHTA Star Awards spotlight the link between public safety and tourism performance, acknowledging that a stable and safe environment is essential to visitor confidence, investment and the continued growth of the sector.

This year’s ceremony featured high-energy hosting by Super P the Entertainer, with Omega serving as awards announcer, as the industry gathered to honour the people and partnerships that continue to elevate the Turks and Caicos brand.

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New Chartered Accountant Member Appointed to The Integrity Commission

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Darius E. Ferguson, Member of the Integrity Commission Board

Providenciales, Turks and Caicos Islands – Friday, 27 February 2026: Her Excellency the Governor, Dileeni Daniel-Selvaratnam, today announced the appointment of Mr. Darius E. Ferguson as a Member of the Integrity Commission Board, serving as the Chartered Accountant Member in accordance with Section 3(2)(a) of the Integrity Commission Ordinance. His appointment is for a period of three (3) years and follows consultation with the President of the Turks and Caicos Islands Society of Professional Accountants.

Mr. Ferguson, with family ties to Providenciales and South Caicos, is a Chartered Accountant with over twenty years of senior leadership experience across aviation, finance, technology and consultancy, he brings a strong and diverse background in financial governance, regulatory compliance and strategic planning.

A former Chief Financial Officer of Sky Bahamas Airlines for a decade, Mr. Ferguson managed all financial reporting, regulatory engagement, capital projects and commercial development initiatives. He previously served in senior audit roles at both Ernst & Young LLP and PricewaterhouseCoopers LLP, leading high‑risk audit engagements and ensuring adherence to international financial and accounting standards.

Throughout his career, Mr. Ferguson has demonstrated a strong commitment to professional ethics, community leadership and organisational accountability. His experience across corporate governance, financial oversight, and operational risk management will bring valuable strategic insight to the Integrity Commission.

Her Excellency the Governor welcomed the appointment, stating:

“Mr. Ferguson’s extensive background in financial management, auditing and governance, together with his leadership experience across both corporate and community sectors, make him well‑suited to serve on the Integrity Commission. His appointment strengthens our ongoing commitment to integrity, transparency and accountability in public life. I am confident that he will make a meaningful contribution to the Commission’s important work.”

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Multi-Agency Planning Enforcement Action Conducted in Five Cays

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Providenciales, Turks and Caicos Islands – Friday, 27 February 2026: The Informal Settlements Unit (ISU), in collaboration with key government agencies, coordinated a multi-agency enforcement exercise on Thursday, 5 February 2026, at Block and Parcel 60503/17 in the Five Cays area.

The exercise was led by the Planning Department, pursuant to its statutory authority under the Physical Planning Act to address unauthorised development. The ISU coordinated the operation, with support provided by the Crown Land Unit and the Turks and Caicos Islands Border Force, while the Royal Turks and Caicos Islands Police Force ensured security throughout the activity.

The enforcement action formed part of a Public Private Partnership initiative between the Turks and Caicos Islands Government and private landowners. The registered owners of the land would have sought the state’s assistance to issue copies of Section 58 Enforcement Notices on unlawful structures identified on the parcel. The subject parcel comprises approximately 25 acres extending across Millennium Highway.

During the exercise, a total of fifty-four (54) copies of the Enforcement Notice were issued on structures located on the parcel. Notices were affixed to structures and served on persons found to be occupying illegal developments.

The Informal Settlements Unit reiterates that these coordinated enforcement exercises form part of the Government’s ongoing efforts to uphold planning regulations, protect property rights, and promote orderly and lawful development. Persons undertaking construction are reminded that development without the requisite planning approvals is unlawful and subject to enforcement action.

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