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Opening of the TCI Legal Year 2024 (January 04, 2024)

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 Speech in Support of the Motion to Open the Legal Year 2024

By the Acting Director of Public Prosecutions, Dr. Angela Brooks

 

My Lady,

I crave your indulgence to gratefully adopt the protocol, ably established by the Hon Attorney General.

  1. I rise to support the motion, just moved by the Hon Attorney General for the opening of Legal Year, 2024. I remain grateful for the opportunity this occasion gives me and my Office to highlight to this Hon. Court and the listening public, the affairs and workings of Office of the Director of Public Prosecutions (ODPP) during the past year and the expectations for the new year.
  2. May I crave the indulgence of my Lady’s forbearance and understanding, for me to take this opportunity to publicly recognize the impeccable and distinguished service of our outgoing Director of Public Prosecutions, Mr. Eugene Otuonye, K.C who is present today. Mr. Otuonye, KC has been the embodiment of the core values that guide our Office: independence, fairness, integrity, sensitivity, professionalism, respectability and excellence.  Thank you Mr. Otuonye, K.C. and thank you also for your meritorious service of 24 years to the public Service and the people of the Turks and Caicos Islands.
  3. My Lady, I stand here today in the capacity, as acting Director of Public Prosecutions in these Turks and Caicos Island.  I have had the distinct honour of working with our outgoing Director for nearly five years. I have witnessed and have been a part of the revamping and the emergence of a cohesive, motivated and united work force – clearly underpinned by our Vision and Mission Statements and Strategic Action Plans.
  4. Almost five years ago, my Director and I implemented the ODPP’s five-year Strategic Plan for the years 2019 to 2024. We may recall that the Strategic Plan was framed with our Vision, Mission and Core Values. We may also recall that our Strategic Plan was built to stand on three individual and interconnected strands – our people, our work and our partners. I am now pleased to share with you that, for each strand, with the hard work of our outgoing Director of Public Prosecutions and our team, the ODPP has achieved a good measure of success.  By so doing, a solid foundation has been laid for the building of a superstructure.
  5. My Lady, for any organization to truly achieve its mandate in perpetuity, there needs to be continuity.  My lady, as the current acting Director of Public Prosecutions, the fire is currently under my feet to continue the work  that has started –  that is:
  • to continue the rebuilding of the ODPP work force into even a more cohesive, higly motivated, professional and results -oriented team;
  • to re-engage in a meaningful and tangible way, the key criminal justice stakeholders; and
  • to deliver our prosecutorial services at the highest professional standards.
  1.  For some persons, continuity means an uninterrupted flow or an un-interrupted process of the current situation. For others, continuity means a continuous flow or process of the current situation but with new and different additions. Going further, others say that continuity means lastingness, enduringness. These meanings are all correct, in their proper context.
  2. My Lady, as we observe, experience and participate in the changes taking place legally, socially, politically, economically, technologically and environmentally, we are inspired to continue building on the firm foundation laid, as we also aspire to formulate and execute  a new Strategic Plan to build a superstructure for the next five years. This superstructure that we intend to build will not be only for the ODPP, but also for the benefit of the Turks and Caicos Islands’ criminal justice delivery.
  3. We can all agree, by definition, a superstructure is that visible part of a building that sits on a foundation. My Lady, our people, our work and our partners will all play a key role in building a superstructure.
  • OUR PEOPLE:
  1. In 2019, we began the restructuring of the ODPP. This exercise ended with a solid organizational foundation with a team of highly trained, experienced, competent and motivated employees.
  2. My Lady, our Public Prosecutors have benefitted enormously from the training programmes offered by TCI Judicial Education Institute – to the extent, where a Senior Public Prosecutor, Ms. Mickia Mills, shortly before her appointment as TCI Coroner, presented at the virtual 2023 Prosecutors’ Empowerment Programme, organized by the Office of The Director of Public Prosecutions, Jamaica. We also note that Ms. Tamika Grant, Senior Public Prosecutor, has been awarded the UK prestigious Chevening Scholarship to pursue a one year Masters of Laws Degree from the Queen Mary, University of London. Additionally, Mrs. Melody Pratt, Personal Secretary to the Director of Public Prosecutions, who has since resigned, has commenced action to be called to the BAR ceremony in the UK.
  3. As we move to build the superstructure, our Public Prosecutors are now in a better position to collaborate with the Court, the Police and other law enforcement agencies, so as to implement a fast-track prosecution mechanism for cases involving children and other vulnerable persons, persons in custody and persons affected by gender-based and  domestic violence.
  4. My lady, the restructuring of the ODPP also gave rise to the re-engineering of internal business processes and policy development. One such policy is The DPP’s Guidance on Disclosure in Criminal Matters.  Allow me to divert for a moment to congratulate the out-going Director of Public Prosecutions Mr Otuonye, K.C. who worked assiduously to bring this policy to fruition. I also applaud the Royal Turks and Caicos Islands Police Force, and in particular Superintendent Dean Holden and his team, who will be rolling out a training programme of the Policy for Police Officers during the first quarter of 2024. My Lady, this is the type of superstructure the ODPP intends to build – a superstructure that enhances stakeholders’ capacity, teamwork and co-operation in order for us to have an effective and efficient criminal justice system.
  5. My lady, not only are we implementing new policies but we have revamped existing ones. Last year the ODPP reactivated the policy agreement between the Financial Crime Unit and the ODPP to deal with matters involving money laundering and predicate offences. This policy allows for collaboration in identifying, investigating and prosecuting money laundering matters with a view of confiscation and forfeitures.  In a recent matter of assisting illegal entry, the ODPP successfully advanced a forfeiture application for the vessel that was used in the commission of the offence.  That vessel was valued at approximately US$120,000.00.  In another recent matter involving the ODPP, we successfully advanced a cash seizure application before the count for an amount of just over US$9,000.00.  The significance of these applications is that Public Prosecutors are now initiating and taking the lead to utilize the powers under respective legislations to deal with organized and serious crimes. This is another example of our building a superstructure.
  6. My Lady, the seriousness with which the ODPP places attention to Immigration and Customs offences as national security matters has been elevated to an area of high importance. This has resulted in a specialized unit being reactivated to address urgent requests for directions in relation to unprecedented increases in illegal vessels and migration.  The ODPP  has since brought its first matter of aggravating, assisting unlawful entry under the amended legislation. This matter involved 159 illegal Haitian nationals, who were brought into the TCI on a vessel that was fitted for 30 persons.  The defendant was sentenced to 8 years in prison.  In building our superstructure the ODPP pledges to continue providing our stakeholders with the necessary legal and practical training, that equips them to properly investigate and preserve evidence that is needed to ensure successful prosecutions.
  7. My Lady, it would be remiss of me not to mention the dire staff shortage situation at the ODPP that we are faced with, in spite of the  hard work and support of the Human Resource Management Directorate in addressing the situation. At the moment, there are one vacant position for Principal Public Prosecutor, four  vacant positions for Senior Public Prosecutors and one vacant position for Public Prosecutor. These have been created and budgeted for in response to the upsurge in crime.  It has been difficult attracting the right calibre of prosecutors due largely to the conditions of service.  In addition,  local prosecutors have always found greener  pastures in the private sector and higher posts in other Government Departments where the pay is higher.  We are hopeful that the recent  pay increase will help us recruit and retain very skilled and experienced prosecutors going forward.
  8.   So far, our skeletal prosecutorial staff has been performing as super heroes to deal with the heavy case load.  But we know and we are concerned that super heroes have breaking points. My Lady, our current staffing position is untenable. However, on a positive note, may I use this opportunity to thank our prosecutorial staff who have gone above and beyond to get the job done.
  1. OUR WORK:

My Lady, although the ODPP has been working during the latter 6 months of 2023 with half the staff, the ODPP continues to approach our work with a Giedion attitude.  We are small in number but we are doing  the work of a mighty army.  My Prosecutors and Administrative staff have embraced their workload with an attitude of excellence and diligence.  My Lady, there were occasions when we were all doubled booked before the different Courts because we didn’t have, and still do not have, sufficient prosecutors. We were stretched but not broken.

  1. My Lady, as a testament of our dedication, 389 cases passed through the Magistrate’s Court in 2023.  Out of this number,  291 convictions were recorded – a  75% conviction rate.  These offences included drugs, burglaries, wounding and assault occasioning actual bodily harm, theft, immigration, fisheries matters and other offences.
  2. Of the 41 Supreme Court cases disposed of, there were 23 convictions (either guilty pleas or a return of a guilty verdicts by judge or jury) –  56% conviction rate.
  3. My Lady, many of the cases that were heard in 2023 were matters brought forward from the years  2020 and 2021.  My Lady, my prosecutors were faced with a barrage of difficulties as a result of the delays in criminal trials.  My Lady, after a period of time, most witnesses were no longer interested in giving evidence, especially when matters were continuously adjourned for various reasons.  Undocumented witnesses most times could not  be located or did not want to be found.  My Lady, we can all agree that over the passage of time our recollection of incidents are not as clear four  years down the road as it would be closer to the date of the incident.  My Lady, I say this to make a point. The ODPP prosecuted a sexual offence matter in November 2023 that occurred sometime between 2019-2020, involving a child who at the time was 13 years old.  My Lady, we cannot overlook what is happening around us including the climate of fear , as it regards witnesses coming forward to give evidence  – in spite of the legislative amendments that provide protective measures for vulnerable witnesses.  These were are some of the main impediments we faced in 2023 that affected our productivity in prosecuting criminal matters.
  4. However, My Lady, all is not lost. We are hopeful because of the joint attention and the robust response and assistance from the  Criminal Justice Stakeholders’ Group (CJSG).  With three criminal courts sitting simultaneously, adequate resources at the ODPP, co-operation from the Defence Bar and the robust implementation of the Criminal Procedure Rules as we pay keen attention to  its overriding objective, we are optimistic  that matters will be disposed off more quickly going forward.
  5. My Lady,  my staff continues to benefit from national and international  workshops, training seminars and symposiums that keep us current in the legal arena. I was fortunate to have attended the 28th IAP (International Association of Prosecutors) Conference and General Meeting last September in London. The theme of the conference was  “ The Changing Nature of Crime in the 21st Century: Challenges and Responses”. One of the topics that we extensively discussed under this theme related to the fact that criminal networks have become increasingly resilient and adaptable to crime in its  traditional and emerging forms.
  1. We too at the ODPP and in the Turks and Caicos Islands have observed the changing nature of serious and organised crime. We recognize that criminals and criminal organizations are no longer using traditional methods to commit crimes.  Criminal acts are more sophisticated and aggressive and we here in the TCI have had a rude awakening with an unprecedented number of murders in these small Islands.  To combat this phenomenon, last year we re-established the Organized and Serious Crime Unit which is headed by our Principal Public Prosecutor, Mr. Clement Joseph. A key responsibility of this Unit is to provide legal advice to stakeholders’ organizations on serious and complex criminal matters in a timely manner and to address all urgent concerns.
  2. Having laid that foundation in re-establishing the Organized and Serious Crime Unit, the ODPP now works carefully and expeditiously in building a superstructure that will allow us to robustly prosecute before the Courts and successfully deliver justice.  My Lady, the ODPP has not worked in silo in addressing these serious criminal matters. We have made ourselves available by providing critical training sessions in the area of law to various stakeholders’ agencies, as well as collaborating with other stakeholders’ groups in making various presentations.  One key example, My lady, was that during the month of September,   the ODPP collaborated with the Attorney General’s Chambers and the Financial Crime Unit  to  host its second Anti-Money Laundering Seminar Series here in Providenciales.  This collaborative effort demonstrated the active steps being taken by the ODPP with our partners to provide capacity building to the relevant law enforcement agencies.
  4. My Lady, throughout 2023, our Prosecutors have given of their time, knowledge and skills and provided training upon request to the Immigration Officers, DECR Officers and the Police.  We have made presentations on relevant areas of the Law to many groups. On many occasions we have also actively participated in mentorship programs at various schools.
  5. On June 24, 2022, we launched the Victims and Witnesses Support Unit (the VWSU). The foundational work being performed by this Unit has been greatly assisting us to successfully execute our prosecutorial mandate.  Last October, we saw the active participation of the Victims and Witnesses Support Unit in activities spearheaded by the Department of Gender Affairs to inform and educate the public about domestic violence. Also, recently, the Unit played a pivotal role in forging a strategic relationship with the Victim Liaison Unit of the Sheffield Crown Prosecution Service in the UK. As a result of this relationship, a virtual complainant,  a child, was provided with a safe space by the Sheffield Crown Prosecution Service to testify remotely at   her trial,  which was being conducted in the Turks and Caicos Islands.
  6. We are also elated of the great opportunity that the Hon. Chief Justice has provided for the Victims and Witnesses Support Unit in our having  a safe and secure space at the Supreme Court in Providenciales for vulnerable witnesses and juvenile offenders. We note that this space is equipped for remote hearing facilities. Overall, the space provides for closer and pleasant engagement of victims and witnesses with the Court System. This gracious opportunity from the Hon. Chief Justice will certainly promote positive victims and witnesses experience, as they navigate through the criminal justice system.
  • OUR PARTNERS
  1. My Lady, the ODPP continues to collaborate and deepen engagement with the Criminal Justice Stakeholders’ Group, as well as with the Judiciary, the Police, the Criminal Bar and other stakeholders. These healthy relationships will significantly assist in our building a superstructure. With invaluable contributions from these stakeholders’ relationships, we have seen the Judiciary’s successful implementation of their Folio E-Filing platform, where we can now deliver electronic filings to the Court.  This is a great foundation that has been laid and is one that will assist us in building a superstructure, as it relates to the design and implementation of a Case Management System for the ODPP by the Caribbean Agency for Justice Solutions. The Caribbean Agency for Justice Solutions is a not for-profit, regional development institution, established by the Caribbean Court of Justice in 2016 to provide dedicated technology-enabled solutions for the Caribbean Justice Sector. We are also aware that the TCI Government has prioritized institutional strengthening and has committed to modernizing public sector services. The ODPP’s case management system is one such digital platform that can be utilized along the Court’s E-Judiciary System to achieve this priority in the justice sector of the public service.
  2. My Lady, during the period November 25th to December 1st, 2023, the Caribbean Financial Action Task Force (CFATF) held its 57th Plenary Meeting in Aruba, during which time experts came together to discuss the financial integrity of the region.  Mr. Clement Joseph was in the party of delegates who attended, representing The Office of the Director of Public Prosecutions.   The ODPP considers the Caribbean Financial Action Task Force, and its work in implementing countermeasures to address the problems of Money Laundering  and combatting the financing of terrorism in the Caribbean Basin,  an important element  in our building  a superstructure that will assist in  protecting good governance in the Turks and Caicos Islands.
  3. My Lady, at last year’s Opening Address, the Director of Public Prosecutions mentioned, in some details, the hardships and disappointment experienced after introducing the ODPP-RTCIPF Case File Preparation Policy. This Policy  standardizes  case file contents and  quality for the effectiveness and the efficient discharge of our investigative and prosecutorial functions.  In an effort to remedy these human fixable errors, the Director of Public Prosecutions  in consultation with the Commission of Police, appointed a task force to address the issues.  My Lady, I am happy to report that a comprehensive Task Force Report and an Action Plan were produced and signed off by the Director of Public Prosecutions and the Commissioner of Police in September of 2023. My Lady,  the Task Force Report and Action plan are not meant to diminish the achievements of our respective organizations or to disregard the efforts and hard work  of their respective staff.   Rather, they will greatly help us build on, maximize and sustain the strength  and benefits of our strategic partnership for the overall delivery of an effective criminal justice system in the TCI.
  4.  My Lady,  may I also be permitted to express my gratitude and appreciation to our external prosecutors who have assisted us throughout 2023 at no cost while still rendering outstanding services to their prosecutorial assignments.  Mr. Andrew Mitchell KC, Mr. Quinn Hawkins and Kate Duncan have all came to the aid of the ODPP during  the last quarter of 2023.  They provided tremendous assistance in our dealing with the back log of cases before the Supreme Court.
  5. As I close this motion-supporting Speech, may I say a word of profound gratitude to the outgoing  Director of Public Prosecutions, Mr. Eugene Otuonye, K.C., whose shoulders I stand on today. Thanks for your mentorship and for your confidence in my abilities to act as Director of Public Prosecutions. Also, a big thank  you for your persistence in endeavouring to leave your ODPP family in the best position, ever. We also thank your wife, Dr. Otuonye, for being a part of the ODPP family, in her own special way.

My Lady, I so move in support of the motion for the Opening of the Legal Year, 2024. Thank you.

                 Dr. Angela Brooks

                 Acting Director of Public Prosecutions

                 4th January 2024

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