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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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Mother’s Day has meaning Across the World, in the Region and right at here at Home

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May 11, 2024 – Mother’s Day has a rich history that dates back to ancient times when Greeks and Romans held festivals to honor mother goddesses. However, the modern Mother’s Day as we know it originated in the early 20th century.

The official Mother’s Day holiday in the United States was first proposed by Anna Jarvis in 1905, as a way to honor her own mother who had passed away.

Her efforts led to the first Mother’s Day celebration in 1908, organized by her at a church in West Virginia. The holiday gained popularity quickly, and in 1914, President Woodrow Wilson signed a proclamation designating the second Sunday in May as Mother’s Day, a national holiday to honor mothers.

Since then, Mother’s Day has become a widely celebrated occasion around the world, with people expressing their love and appreciation for their mothers and mother figures through gifts, cards, and special gestures.

Mother’s Day is celebrated in various countries around the world, although the dates and traditions may differ. Among the many marking the celebration of mothers is the United States, Nigeria and United Kingdom (which had Mother’s Day in March), Canada, Australia, India, Mexico (marked Friday May 10), Brazil, Japan, South Africa and France (later this month May 26).  These are just a few examples, as Mother’s Day is observed in many other countries as well, each with its own customs and traditions for honoring mothers and motherhood.

In the Caribbean, Mother’s Day is also marked with vim and vigor and reverence.

When you talk about island nations like Jamaica, Trinidad and Tobago, Barbados, Turks and Caicos Islands and The Bahamas, among others, all observe Mother’s Day with celebrations that often include special church services, family gatherings, and the giving of gifts and cards to honor mothers and mother figures.

Traditional foods and music may also be part of the festivities staged in the neighbourhood or huge family groups will flock to their favourite dining spots for brunch.

It is not unusual to see Mother’s Day concerts, national awards ceremonies and luncheons making it a striking and joyous occasion for families eager to show appreciation for the important women in their lives.

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Man charged with illegal importation; 14 vials of liquid marijuana shipped in from Canada

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Wilkie Arthur

Freelance Court Correspondent

 

#TurksandCaicos, May 11, 2024 – A former FedEx employee and now fireman, TRISTON NEWBOLD is on trial for allegedly illegally attempting to import 14 vials of “liquid marijuana vapes” into the Turks and Caicos from Canada.

It is alleged that on Wednesday January 8, 2024 at Cairsea Services transit shed on Providenciales, he did improperly import a quantity of suspected THC vapes cartridges, packages in a manner appearing as intended to deceive Customs officials.

The trial is underway part-heard before his honor, the Chief Magistrate Mr. Jolyon Hatmin.

It commenced in the Magistrate’s court on Tuesday April16th.

Senior Customs officer of 18 years, Alton Scott was the first witness called by the public prosecutor, Ms. Alima Alexis, for the Crown. Scott testified that he was called to Cairsea Services concerning a package that arrived from Toronto, Canada bearing the accused’s name.

The Senior Customs officer said when he arrived, around 11:35 a.m. and sent for the accused man he returned.  Newbold was reportedly asked if that was his name on the package, at which time he acknowledged that it was.  He was then asked, if the package was his, again he said yes it was his.

Senior defense counsel, Mrs. Lara Maroof-Misick challenged that testimony, however officer Scott did not alter his account of the events of that day; adamant that the accused man ‘told me the package was his.’

Other items besides the suspected cannabis vapes oils were in the package, including two small stuffed animals, two small toy balls and other unsuspicious items.

The senior customs official told the court that they tried to rectify this within their powers under the Customs Ordinances by charging TRISTON NEWBOLD a fine of $1,500.00, and that would be the end of the matter, and they had also given him some time to pay the fine, however, the accused refused to pay within the time frame offered and was subsequently arrested and charged to appear before the court.

Mrs. Lara Maroof Misick questioned the senior officer about interviewing or recording statements from her client whilst the investigation interviews were ongoing, after which the trial was adjourned.

The trial continues on May 30th 2024.

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Attorney takes us inside the Land Repossession case of Gilbert Selver

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Dana Malcolm 

Staff Writer 

 

George Missick

#TurksandCaicos, May 8, 2024 – Not only did TCIG completely ignore the ruling of the Supreme Court by not complying with court-ordered actions in the Gilbert Selver land case, but they responded with a late appeal outside of the usually acceptable time frame, in preparation to go after other landowners, according to George Missick, lawyer for Selver, as he revealed to Magnetic Media what led to the recent Court of Appeal decision to strip the businessman of his land.

We learned the initial Supreme Court case had been initiated by Selver after years of applying for the vouchers, promised to him in a 2008 offer, to pay for his freehold titles and being given the runaround, and he won.

Missick clarified the facts of that case including that Selver had never been squatting on the land.

“He had permission to be there, the government knew he was there, he had planning permission to put up buildings. He was never a squatter. This case was not about squatting but about whether he was entitled to possession.”

Missick maintained that they have the documentation to prove it.

So why did the government decide to apply for an appeal after missing the requisite period? The answer was shared by TCIGs lawyers, Missick told us.

“They actually filed this appeal late and had to go to the court and ask for permission to appeal ‘out of time’ and one of the things they said in their affidavit when they filed that request was that they wanted to pursue this matter because there were a lot of other people; they’re coming after people’s land.”

Missick explained that the Supreme Court judge held that:

  • The contract offered by TCIG has not expired and Selver was entitled to the land at freehold purchase price.
  • Selver should have been offered the vouchers to pay the fee for his freehold and TCIG should have paid his legal fees.
  • It would have been inequitable to strip him of the land because of the expenditure Selver had already incurred by investing in the land with government knowledge.

The government complied with none of that, Missick confirmed to us.

“How are you upholding rule of law and when the Supreme Court judge made the ruling you’ve ignored it? A declaration was made that Mr. Selver should get the vouchers to pay for his land. We wrote for those vouchers but we never got them. They ignored the judgment, they didn’t pay,” Missick said.

Gilbert Selver

Eventually, despite the late appeal by TCIG, the Court of Appeal overturned the initial Supreme Court ruling.  Missick revealed that as of Thursday, May 2, on behalf of Gilbert Selver, he had begun the process to take the case to the Privy Council and shared why they thought it would succeed.

“We think the decision was wrong in particular as a legal point— One of the fundamental principles that’s been held up before, that only in really extreme or rare cases should the Court of Appeal interfere with findings of fact of a judge below and substitute its own decision for that judge,” Missick said.

After severe public backlash negotiations are ongoing between Selver and officials from the government but whatever the outcome Missick says it will be a watershed moment.

“This decision affects not only Mr. Selver but many other Turks and Caicos Islanders who have been offered land from the government, who built properties so I think it does need to be challenged.”

Missick hopes that the government will rectify the areas of the Crown Land Ordinance that would strip islanders of their property.

“It’s a harsh thing to tell someone— where are people supposed to go and live, what are they supposed to go and do?” He mused.

Missick is also advising residents to hold on to their documents and not rely on government copies to support themselves in their burden of proof.

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