Wilkie Arthur

Freelance Court Correspondent

#TurksandCaicosIslands, February 15, 2024 – An elderly defendant from the United States of America appeared before her Ladyship the Hon Chief Justice(CJ) Mrs Mable Agyemang via video link from his homeland for sufficiency hearing on Friday 9th February 2024.

His attorneys King’s Counsel, Mr Oliver Smith and assisted by attorney Mrs Kimone Tennant did not challenge the sufficiency hearing and conceded that there is sufficient evidence on the papers or in the bundle to commit the accused to trial in the Supreme Court. 

MICHAEL-LEE EVANS was allegedly found with seven rounds of ammunition in his luggage upon departure at the Providenciales International Airport just before Christmas last year, on the 12th December, 2023.

He was remanded by the Magistrate’s Court on December until his sufficiency hearing in February of this year, but his attorney KC Smith filed an emergency swift bail application just before the Supreme Court was adjourned Sine Die (without date) for the holidays. 

The office of the DPP, in the person of Mrs Nayasha Hatmin opposed bail for the supposedly very ill senior citizen, but the learned Hon lady Justice Ms Tanya Lobban Jackson granted cash and signed bail to the accused and permitted him to leave the country and return for the plea and directions hearing which is now listed for him on March 22nd, 2024.

Hon. CJ, upon request by Mr. Smith, KC, reluctantly granted a far date for the old man’s plea and directions hearing (PDH). 

His PDH was to be on the February 22, along with all the other six individuals committed to stand trial at the sufficiency hearing on Friday February 9th 2024. 

However, Mr. Smith KC presented meticulous reasoning for his client, even if at the risk of briefly frustrating of the Chief Justice.  Smith requested a much later date for the next court hearing, explaining that he needed time for a decision, he was awaiting from the Court of Appeal  on a point of law regarding the issue of “Sentencing Disparity and Exceptions Circumstances” that has created a serious public outcry here in the Turks and Caicos Islands.

KC Smith said the matter involves the Attorneys General reference proceedings before the Court of Appeal and waiting the court’s findings, rulings and/or directions.

The CJ told Mr Smith that she’s not minded to push the court date any further because the matter involving the Attorney General has only to deal with sentence and nothing to do with his client going to trial. 

The CJ, in a very strong tone of voice said, “Mr. Smith KC, I don’t normally get annoyed with you but I am annoyed now, I don’t see what the Attorney General reference matter has to do with your client’s case now or being put to the next PDH.”

KC Smith still attempted to try get the CJ to see it his way and he added that he’s also not going to be in the jurisdiction at the next PDH on 22nd February. The CJ then reminded him that he’s here today before the court with his assistant Mrs Kimone Tennant allow her to do it, but he said he have conduct of the matter and would prefer doing the matter himself.

The CJ warned him that “you have used up all your Christmas presents indulgence for the year already” as she reluctantly granted him an extra month’s extension for the PDH regarding the American Tourist Michael-Lee Evans. The Plea and Directions Hearing (PDH) is set for March 22nd. 

Ms. Tassja Mitchell was for the Crown and took no position throughout but when asked by the CJ her position, she replied, “I’m guided by the Court my lady.”

The accused man’s bail was extended to his next Court date of which he will have to travel back to the Turks and Caicos Islands (TCI) as ordered by her Ladyship the Hon Ms.Tanya Lobban-Jackson when she granted him bail in December last year.