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Justice in TCI Courts elusive for Sexual Assault Victims

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Dana Malcolm and Wilkie Arthur

Editorial staff 

 

#TurksandCaicos, January 20, 2024 – Rape and sexual assault cases are being, slowed down and outright thrown out in the Turks and Caicos Islands because of extended trial periods and evidence issues in a concerning trend.

Between July and December 2023, Wilkie Arthur, Magnetic Media Court Correspondent, reported on several such cases.

On July 24, 2023, 26 year old Robins Luma walked free after the prosecution filed to throw out the case against him.  He had been before the judge for a 2019 case of having sex with an underage girl. Senior Public Prosecutor Timika Grant told her Ladyship, The Hon Ms. Tanya Lobban Jackson that the child was now refusing to cooperate as a virtual complainant; citing that she no longer wanted to testify.  Grant said since the trial was unable to start on previous dates, the victim was suffering from mental distress and trauma.

After the run-around that the child was subject to, MM learned that even if she had been willing to testify in July she may not have been able to. Because the court cases were poorly scheduled, the judge in her trial was hearing another case at the same time, making him unavailable.

On September 26, a rape case between two minors, where the accused had reportedly drugged the complainant was discontinued by the prosecution. Wilkie Arthur was in the room when the prosecution explained that. “the young lady is having mental trauma and reluctance to testify given the times that she did attend court on other occasions and the matter did not proceed.”

On prior occasions, the case had been slowed because of disclosure/evidence sharing issues on the part of the prosecution.

Less than two months later on December 5, a father, accused of raping his child multiple times walked free under similar circumstances.

Arthur reports “Consistently, the daughter and her mother were present at court besides save for the last two occasions when the virtual complainant (VC) began showing that she had lost interest in pursuing the matter.”

Following that, on December 11th, 2023, the case of Jean Baptiste was stymied for reasons not made clear by the crown at the hearing. What was comprehensible in the Crown’s submission was that the complainant “wants to be left alone.”

DNA was reportedly collected in this matter, but not sent for testing.

The constant delays which have repeatedly proved to be too much for complainants is an issue that the DPPs Office, now led by Angela Brooks, Acting Director of Public Prosecutions, says it has on its radar. But Brooks also blames the fear for preventing witnesses from testifying.

“My office prosecuted a sexual offense matter in November 2023, that occurred sometime between 2019 and 2020 involving a child who at the time of the offense was 13 years old. We cannot overlook what is happening around us and the climate of fear as regards witnesses,” Brooks said during the legal year opening on January 04, 2024.

She said the Office of the Director of Public Prosecutions (ODPP) would be working to change this, maintaining that all was not lost.

“Our public prosecutors are now in a better position to collaborate with the court, the police, and other law enforcement agencies to implement a fast-tracked prosecution mechanism for cases involving children and other vulnerable persons, persons in custody, and persons affected by gender-based violence.”

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InvestTCI facilitates the Development Agreement Between TCIG and Molo Hotel Group 

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Providenciales, Turks and Caicos Islands – May 14th, 2024 – The Turks and Caicos Islands Government and Molo Hotel Group reached a pivotal juncture on Monday, May 13th, 2024, with the ceremonial signing of a development agreement at the Premier’s Office on Providenciales. The agreement, which received official Cabinet approval on March 13th, 2024, signifies a steadfast commitment to advancing the economic landscape of the Turks and Caicos Islands.

Molo Hotel Group is a family-owned business, renowned for its distinguished portfolio of high-quality hotels worldwide. The development initiative encompasses the construction of three distinct IHG branded hotels: InterContinental Turks and Caicos, Kimpton Turks and Caicos and Hotel Indigo Turks and Caicos. Scheduled for completion by 2027, each resort boasts a distinctive design from luxury to laidback sophistication spanning across the shores of Grace Bay Beach.

Kimpton Turks and Caicos – an epitome of luxury lifestyle living, will feature 192 guest rooms including three outdoor pools, a luxury spa and a fitness center. Additionally, seven dining options ranging from a beachfront restaurant to a rooftop bar.

Adjacent to the Kimpton, InterContinental Turks and Caicos will offer 59 classic luxury suites with panoramic ocean views. Mirroring its counterpart, this resort will offer an array of dining options and upscale facilities.

Steps away from the Intercontinental and Kimpton resorts, Hotel Indigo Turks and Caicos will embrace a sense of community and contemporary elegance, offering 56 bedrooms. The resort will feature an onsite restaurant, lobby bar, outdoor pool, and fitness room.

Beyond the realm of hospitality, this development agreement underscores the government’s commitment to fostering economic growth and enhancing employment opportunities in the Turks and Caicos Islands. Molo is partnering with the Turks and Caicos Islands Community College (TCICC) to actively promote hospitality as a career choice and support in developing training programs, career fairs, seminars, workshops, and events to raise awareness about hospitality careers. Molo has committed to provide employment and apprentice opportunities to TCICC students and provide mentoring and practical on property training to students.

The signing event was graced by Hon. Charles Washington Missick, Premier of the Turks and Caicos Islands, Hon. Jamell Robinson, Deputy Premier, Hon. Kyle Knowles, Minister of Public Safety and Utilities, Hon. Rachel Taylor, Minister of Education, Youth, Sports and Culture, Łukasz and Marcin Slominski, Owners of Molo, Ross Morrow, Managing Director Molo, Arik Kono, Vice President Upscale Development for IHG, Dr. Candice Williams, President and CEO of the Turks and Caicos Islands Community College, Angela Musgrove, InvestTCI CEO, Dr. Barbara Ambrister, Chairperson of the Turks and Caicos Islands Community College, Dr. Delores Stapleton- Harris, Vice President of Academic, Vocational and Student Affairs for the Turks and Caicos Islands Community College, Mr. Kevin Baxter, Dean of Technical Vocational Education Training (TVET) and Sheryl McLaughlin, InvestTCI Investment Services Executive.

Commenting on the development agreement, Premier, Hon. Misick, stated “The Memorandum of Understanding (MOU) signing of IHG/Molo Hotels is a significant step towards a sustainable future for hospitality in the Turks and Caicos Islands. Three hotels, Kimpton, Intercontinental, and Hotel Indigo, will be introduced, enhancing our tourism product and creating employment opportunities.”

He further added, “Partnerships with the Turks and Caicos Islands Community College and Turks and Caicos Islands Sports Commission are underway, demonstrating the Government’s commitment to developing human capital and elevating tourism offerings. This project will bring economic growth, embrace local talent, and enrich our economy.”

Additionally, Mrs. Angela Musgrove, CEO of Invest Turks and Caicos Islands, emphasized “This collaboration confirms our commitment to fostering economic growth and prosperity within our country. We have worked closely with Molo Hotel Group, and we are confident that this transformative project will further position the Turks and Caicos Islands as a premier destination for travel and investment. Much to our delight, it will also provide opportunities for engagement with our Community College and small business community.”

The Government of the Turks and Caicos Islands, operating through its primary Investment Promotion

Agency, Invest Turks and Caicos Islands, remains committed to attracting and facilitating Foreign Direct Investments to the country by providing a comprehensive suite of services. Through strategic initiatives and targeted promotion, the agency catalyzes sustainable development, driving innovation and small business opportunities across various sectors of the economy.

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Crime

Male Charged with Robbery

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#TurksandCaicos, May 13, 2024 – Detectives of the Serious Crime Unit of the Royal Turks and Caicos Islands Police Force have charged a man who allegedly stole a vehicle.

The accused, DANVANTE  BRISCO, 30,  of  Kew Town, Providenciales, was charged with:

  • One Count: Robbery
  • One Count: Taking Motor Vehicle Without Authority
  • One Count: Using Offensive Weapon to cause fear

Mr. BRISCO appeared in court today (May 13 ) and was granted bail of $7500.00 with one surety.

The matter was adjourned to July 05 for a Sufficiency Hearing.

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Crime

Dock Yard Male Charged  

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#TurksandCaicos, May 13, 2024 – A 20-year-old Dock Yard male appeared in court today (May 13th) charged with a series of firearm-related offences.

The accused, JAMES SIMON, was denied bail and remanded into custody pending a Sufficiency Hearing scheduled for July 05th, 2024.

Mr. SIMON faces the following charges: 

  • One Count: Robbery;
  • One Count: Gang Membership
  • One Count: Possession of a Firearm for the Benefit of a Gang
  • One Count: Possession of Ammunition for the Benefit of a Gang.

The charges against Mr. Simon followed investigations by officers of the Royal Turks and Caicos Islands Police Force into a robbery at the parking lot of a Casino where three males robbed a victim.

Additionally, Mr. Simon is charged with the following offences, having been arrested on May 02nd, 2024, along South Dock Road.

  • One Count: Possession of a Firearm
  • One Count: Possession of Ammunition
  • One Count: Unlawful Entry

Officers also charged a teenage minor who was in the company of  Mr. Simon on May 02nd with One Count of UNLAWFUL ENTRY. 

The accused, seventeen and from Kew Town, Providenciales, pleaded guilty and will be sentenced on May 20th.

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