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AG puts on Decision Making in the Public Service: Avoiding Legal Challenges seminar  

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#TurksandCaicos, March 9, 2024 – The Attorney General’s Chambers is pleased to have hosted a comprehensive training seminar titled “Decision Making in the Public Service: Avoiding Legal Challenges.” This is the second such seminar hosted by the Civil Litigation Division within the Chambers and was designed to provide valuable insights and practical strategies for senior public service and senior public sector professionals to enhance their decision-making processes and mitigate the risk of legal challenges. It forms part of a series of training offered by the Attorney Chamber’s Chambers.

Senior Public service professionals as well as senior leaders and senior managers in statutory bodies are often tasked with the responsibility of making critical and sometimes complex decisions which have far-reaching implications for their respective organizations as well as for the individuals and the public at large. It is therefore imperative for decision-makers to have a thorough understanding of legal principles, procedural requirements, and best practices to ensure that their decisions are robust, defensible, and consistent with the law.

The training seminar forms part of the Attorney General’s Chambers key strategic programme delivery to meet its mandate of strengthening decision making in the public sector as a whole. It covered a range of topics essential to effective decision making in the public sector, including: –

  • Understanding the Legal Framework: An overview of relevant legislation, regulations, and case law governing decision making in the public sector.

  • Procedural Fairness and Due Process: Best practices for ensuring procedural fairness, including consultation, transparency, and the duty to give reasons for decisions.

  • Effective Communication and Documentation: The importance of clear and concise communication, record-keeping, and documentation in supporting defensible decision making.

  • The Disciplinary process – the investigation, the tribunal and the final decision

  • Suspension, Interdiction and Administrative Leave; when and how they are applied and how to mitigate risk of failing to follow the correct procedures

  • Decision making and Managing conflicts of Interest

  • Case Studies and Practical Examples: Real-world case studies and scenarios illustrating common legal challenges faced by public service professionals, and strategies for avoiding or addressing these challenges.

The seminar was oversubscribed, seeing more than 100 participants. The seminar was hosted over a period of two (2) days at the Palms Resort Conference Room in Providenciales and featured expert speakers and facilitators within the Civil Litigation Division of the Attorney General’s Chambers with practical experience representing the public service and the wider public sector in litigation where decision making forms a central feature of the matters at issue. The Presenters included Principal Crown Counsel Ms Clemar B Hippolyte, Principal Legislative Drafter Ms Desiree Downes, Senior Crown Counsel, Ms Khadija MacFarlane and Mr. Herbert Dakasi and Crown Counsel Ms Tamika Simms Williams. These attorneys form the Civil Litigation division with Ms Downes heading the Legislative Drafting division of the Attorney General’s Chambers.  Together , this team of presenters have extensive experience in administrative law, governance, and public sector management and were able to deliver invaluable content and smoothly fielded questions from participants. Participants had the opportunity to engage in interactive discussions, group exercises, and networking opportunities to enhance their learning experience.

Opening the training remotely, Attorney General, Hon. Rhondalee Braithwaite Knowles OBE K.C. said “we are excited to offer this training seminar to public service and public sector professionals seeking to enhance their decision-making skills and minimize the risk of legal challenges.

“We see a range of issues as we undertake our work a legal representatives and advisers and it is an important part of our mandate to provide training that will assist in strengthening the capability of public service and public service professionals. We are very pleased with the strong uptake of the seminar.

“By providing practical guidance and insights, my Chambers aim to empower participants to make informed, defensible decisions that uphold the principles of accountability, transparency, and legality.”

Feedback from participants:

“We appreciated the practical takeaways and actionable recommendations provided by the presenters during the two-day seminar. We feel equipped with new tools and techniques to improve our decision-making skills and enhance the quality of their decisions in the workplace.”

“I found the seminar to be highly relevant to our roles and responsibilities as professionals and public servants. The practical insights and strategies shared by the speakers, could be directly applied to decision-making processes in the workplace.”

“The collaborative nature of the seminar facilitated valuable knowledge sharing and peer-to-peer learning, which I found to be enriching and insightful.”

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US CONGRESSIONAL DELEGATION

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#TurksandCaicos, May 20, 2024 – The Governor’s Office can confirm that Her Excellency the Governor Dileeni Daniel-Selvaratnam and the Honourable Premier Charles Washington Misick will this morning receive a US Congressional delegation, who have requested a meeting to discuss the recent arrests of US nationals for possession of ammunition offences.

The US delegation, which arrived yesterday evening, was met by Protocol officials and is due to depart this afternoon.

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Eleven Senators, Three Governors make appeals for Leniency; Five Americans now face 12 Years in Prison

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Deandrea Hamilton                                                                                                                              

Editor

 

#TurksandCaicos, May 20, 2024 – US law makers are going to bat bigtime for their citizens detained in the Turks and Caicos for breach of the firearms ordinance, a congressional delegation arrived on Sunday for talks on an amicable  conclusion in the controversial court matters.

Here for a meeting set to take place today,   the congressional delegation is led by Senator Markwayne Mullin.

Five tourists are facing the 12 year minimum for possession of bullets, they say were inadvertently left in their checked baggage, but they can get a lesser sentence if the judge rules that it is warranted under the ‘Exceptional Circumstances’ clause in the Firearms Ordinance, newly amended and stiffened in 2022.

Eleven U.S. Senators and three State Governors have addressed letters to the TCI government beckoning for leniency in the cases of American citizens charged and detained for breach of Turks and Caicos gun laws which strictly prohibit the possession of unregistered firearms or ammunition; an infraction which carries with it a penalty of 12 years imprisonment.

It became known that at least one governor was communicating with Daleeni Daniel- Selveratnam, Turks and Caicos Governor about the unsettling situation.

J Kevin Stitt, Governor of Oklahoma appeared on television vocalizing his thoughts, calling the mandatory 12 year sentence “absurd.”  His letter for leniency was endorsed by Josh Shapiro, Governor of Pennsylvania and Glenn Youngkin, the Governor of Virginia.

“We humbly ask that your government – in its wisdom – temper justice with mercy and recognize that these made mistakes but had no apparent malicious intent,” states the May 14th letter signed by all three governors.

Twelve days before, Senators had already expressed their dire concern in correspondence dated May 2nd.

Magnetic Media obtained that letter which 11 senators have supported; their dispatch issued to the Attorney General of the Turks and Caicos, Rhondalee Braithwaite-Knowles, KC.

Senators Markwayne Mullin, Oklahoma; Robert P. Casey Jr, Pennsylvania; Mark Warner, Virginia; Tim Kaine, Virginia; James Lankford, Oklahoma; Michael Cloud, Texas; John Fetterman, Pennsylvania; Bob Good, Virginia; Guy Reschenthaler, Pennsylvania; Josh Brecheen, Oklahoma and former presidential contender, Ted Cruz of Texas boldly signed the document, with strong words for the TCIG.

“We do not discount the fact that the authorities in Turks and Caicos take the presence of unspent ammunition cartridges seriously to prioritize the safety of its civilians. However, based on our relationships and understanding of the circumstances of these American citizens, we strongly urge you to exercise leniency when reviewing their cases.”

Both letters point to the current good relationship between the Turks and Caicos and the United States as the reason to have the cases of Michael Lee Evans, 72 of Texas; Bryan Hagerich, Pennsylvania; Tyler Wenrich, 31 of Virginia and Ryan Watson, 40 of Oklahoma come to a reasonable conclusion.

Since Monday May 13, added to the four men and despite the media attention and US State Department warnings, Sharitta Grier, 45 of Orlando, Florida was arrested, sentenced and is now out on bail on near identical charges.

She is the fifth American held in recent months for the discovery of ammunition upon departure of the islands.

Grier, was on Thursday May 16 arraigned for allegedly having two bullets in her baggage; detected as she was exiting the Turks and Caicos following a Mother’s Day getaway with her daughter.  By Friday, bail had been granted to the woman who is still expressing shock at the gravity of the consequences; a dozen years in a Grand Turk prison.

A week earlier, a Thursday May 8, media release by the Turks and Caicos National Security Council informed of the Attorney General’s report to the group, which included the Premier, Minister of Tourism and Governor on the nuances of the legislation, according to a recent Court of Appeal decision.

“The Attorney-General, in respect of the law applicable to the cases against US Nationals on charges relating to the possession of ammunition, confirmed that an Attorney General’s Reference to the Court of Appeal certified that where a court finds there are exceptional circumstances, the sentencing judge has discretion under the law, to impose a custodial sentence and a fine that are fair and just in the circumstances of each case rather than impose the mandatory minimum. The Chief Justice is advancing sentencing guidelines in this respect.”

On Sunday, Senator Mullin of Oklahoma landed in Provo, with him:  “Rep. Reschenthaler of Pennsylvania; Rep. Good of Virginia; Rep. Brecheen of Oklahoma and Rep. Cloud of Texas.  They have a few staff members and an escort of four marines.  They will be in meetings all day. We are hoping for an agreeable resolution today,” explained a source close to the senate.

We’ve also learned that the Governor of Florida, Ron DeSantis may climb aboard this train in the name of reasonable justice after Floridian, Sharitta Shiniee Grier was last week charged.

On social media, Grier has opened up about her arrest.

“Once the police cuffed my leg to a chair and left me in a room by myself I started crying out to the Good Lord, saying I know you are real but I need you to move for me, right now!  I need you to show me a sign that I’m going to be alright.”

Grier explains that before she could wipe away tears, “Mrs. Susan and her husband My Pop Pop” turned up, came to check on her while in police custody and are now lending her moral support.

Court correspondent Wilkie Arthur informed that during Grier’s arraignment, the courtroom was filled with some of the other Americans accused and their families; in her post, she called Ryan (Hagerich) and Bryan (Watson), both men who share a vacation villa as they await verdicts in their bullet possession matters, her ‘brothers.’

“I know it was God who placed them in my life.  They have a heart of gold, just like me and I love them. We are family forever.”

It is this kind of solidarity that the defendants hope will work in their favour as their Representatives have reportedly taken advocacy to a new level; landing at the private airport in Providenciales on Sunday to – in person – make appeals on behalf of the five Americans with the hope of seeing them avoid the lengthy prison term mandated by TCI law.

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Subject identified

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SERVICE WITH PRIDE AND INTEGRITY

 

***MEDIA RELEASE***

May 18th, 2024.

Following a police shooting incident on May 14th, the Royal Turks and Caicos Islands Police Force (RTCIPF) is now able to name the deceased male subject, with the permission of the family.

The Serious Crime Unit contacted the relatives of the deceased, and formal identification has taken place, with the subject being identified as 14-year-old Antorens Dorcely, also known locally as ‘Toto’.

During this challenging time, the RTCIPF also expressed its deepest condolences to the deceased’s family, and the force will continue to offer support through our Family Liaison Officer.

In light of this incident, the RTCIPF is urging the public to show respect and sensitivity towards the grieving family by refraining from sharing any footage of the deceased on social media.

Sharing such material can cause additional distress and harm. We emphasize the importance of empathy and respect for the family’s privacy as they navigate their grief. The death of any young person is a loss to the TCI.

The RTCIPF is committed and dedicated to conducting a thorough investigation and ensuring that all aspects of the incident are carefully examined and the findings are communicated transparently to the public.

A request has been made to an external police force to conduct a review of the incident. This is a routine procedure and intended to ensure an independent and objective review of the facts. The community’s cooperation and respect during this time are essential. The RTCIPF assures the public that we remain dedicated to upholding justice and accountability.

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