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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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GOVERNMENT REVIEWING TENDER AFTER GRAND TURK–SOUTH CAICOS FLIGHTS STOP

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Turks and Caicos Islands – March 10, 2026 – Commercial flights between Grand Turk and South Caicos have been temporarily discontinued, leaving residents without a direct air link between the two islands since March 1.

The Turks and Caicos Islands Government confirmed the suspension in a statement Tuesday, explaining that the route — which operates under a government subsidy — is currently under review as officials reassess the tender process used to award the service.

The Ministry of Finance, Economic Development, Investment and Trade said the government is “working diligently to assess available options” to restore reliable air service between the islands as quickly as possible.

While the statement did not identify which airline had been operating the route, historically Caicos Express Airways and interCaribbean Airways have provided flights between South Caicos and Grand Turk using small twin-engine aircraft.

Officials acknowledged the disruption has caused concern among residents, noting that inter-island air travel is critical for access to essential services, business activity and government operations.

The government emphasized that the suspension does not affect flights between Grand Turk and Salt Cay, which continue to operate normally.

The review now underway will determine the next provider for the subsidized route. Authorities say the process must be conducted in a “fair, transparent and efficient manner” before service can resume.

For residents of the two islands, however, the immediate issue remains transportation — with many now forced to reroute through Providenciales or rely on limited sea travel until the air connection is restored.

Further updates are expected once the government completes its review and awards a new operating arrangement.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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Rights Without Justice: How Weak Enforcement Fails Women and Girls

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GLOBAL — Laws promising equality for women and girls exist in many countries around the world, yet millions still struggle to access justice when their rights are violated.

That stark reality is highlighted in a United Nations report titled “Ensuring and Strengthening Access to Justice for All Women and Girls,” released ahead of International Women’s Day and the 70th session of the Commission on the Status of Women, which begins March 9 in New York.

The report points to what experts call an “implementation gap” — the disconnect between laws that guarantee equality and the real-world ability of women and girls to enforce those rights.

While legal frameworks promoting gender equality have expanded globally, the report warns that many women continue to face significant barriers when seeking justice.

Among the most common obstacles are high legal costs, long distances to courts and services, language barriers, and low levels of legal literacy. Many women also face what researchers describe as “time poverty,” balancing work and caregiving responsibilities that make pursuing legal action difficult.

Bias and stigma within justice systems themselves can also discourage women from reporting abuse or seeking legal remedies.

The report notes that girls often face distinct and overlooked barriers. In many cases, justice systems lack child-centred procedures, making it difficult for girls to safely report harm or access legal protection. Issues such as child marriage and early pregnancy can further complicate their ability to assert their rights, particularly when they remain legally dependent on family members who may also be the source of harm.

Older women also face unique challenges, often shaped by lifelong patterns of discrimination and economic disadvantage. Gendered ageism can undermine their credibility, with complaints involving violence, neglect, health rights, pensions or property disputes sometimes dismissed or ignored.

The United Nations report also highlights structural weaknesses within justice systems, including limited budgets, shortages of trained personnel and poor coordination between institutions responsible for delivering justice services.

Another factor contributing to the enforcement gap is the continued male dominance within justice sector leadership, which researchers say can discourage women from engaging with institutions meant to protect them.

The findings come as the United Nations marks International Women’s Day under the theme “Rights. Justice. Action. For ALL Women and Girls,” a call for governments to move beyond commitments on paper and ensure that laws protecting women are fully enforced.

Global leaders say closing the gap between legislation and real-world outcomes remains one of the most urgent challenges in achieving gender equality and ensuring that women and girls everywhere can live safe, healthy and purposeful lives.

Developed by Deandrea Hamilton • with ChatGPT (AI) • edited by Magnetic Media.

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Jamaica Joins Afreximbank Agreement, Strengthening Africa–Caribbean Partnership

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CARIBBEAN — Jamaica has become the 13th CARICOM member state to accede to the African Export-Import Bank Establishment Agreement, further strengthening economic ties between Africa and the Caribbean.

The development was confirmed during the 50th CARICOM Heads of Government Meeting, where an Afreximbank delegation led by George Elombi and Kanayo Awani met with Jamaica’s Prime Minister Andrew Holness to advance cooperation.

Prime Minister Holness thanked the bank for its support following Jamaica’s recent hurricane, noting that Afreximbank financing helped restore critical infrastructure including water, electricity, sewage systems and roads, while also assisting reconstruction efforts aimed at building stronger resilience to future disasters.

The meeting also focused on broader development opportunities tied to Jamaica’s membership in the agreement. Discussions included rebuilding and modernising infrastructure such as railways, hospitals and other public facilities, while strengthening regional transportation and trade networks to improve the movement of people and goods across the Caribbean.

Afreximbank has been expanding its presence in the Caribbean as part of its strategy to connect Africa with the region often referred to as “Global Africa.” The bank has already committed billions of dollars in financing and trade support to Caribbean economies in recent years, including funding for infrastructure, trade facilitation and private sector investment.

By joining the agreement, Jamaica gains expanded access to Afreximbank’s financial instruments, technical support and trade networks designed to promote commerce between Africa and CARICOM states.

Regional leaders say the growing partnership could unlock new opportunities in areas such as trade, logistics, tourism, manufacturing and cultural exchange, strengthening economic cooperation between the two regions with deep historical and diaspora ties.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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