Wilkie Arthur

Eagle Legal

#TurksandCaicos, July 19, 2024 – Thursday, July 11th, 2024, the last of five American tourists arrested in the Turks and Caicos Islands (TCI) for being in unlawful possession of ammunition was expected to leave the island on Thursday July 11, following her sentencing.

Sharitta Grier, 46 pleaded guilty since June 25, to having two rounds of .38 caliber ammunition in her bag, at the Howard Hamilton International Airport in Providenciales on Monday May 13th, 2024.  Grier was leaving the Turks and Caicos Islands after a surprise gift of a Mother’s Day vacation from her daughters.

Her Ladyship The Hon. Ms. Tanya Lobban-Jackson agreed with senior defense counsel, Ms. Sheena Mair that there were exceptional circumstances in Grier’s case, by this, the Court departed from the mandatory minimum sentence of twelve years imprisonment and ordered a lighter sentence of $1,500.00 or six months imprisonment if the fine was not paid.

The Orlando resident also faced a 23 week suspended sentence of imprisonment.  It is suspended for one year.

Holding for the office of the Director of Public Prosecution via link was Dr. Angela Terry Brooks, deputy director of the DPP’S office.

(Thursday, July 11th, 2024) Turk and Caicos Islands – The last of five American tourists arrested in the Turks and Caicos Islands (TCI) for being in unlawful possession of  ammunition could finally leave the TCI today, Thursday, July 11th, 2024.

Sharitta Grier 46 pleaded guilty on 25th June to having two rounds of.38 ammunition in her bags, at the Howard Hamilton International Airport in Providenciales on Monday 13th May, 2024, when leaving the Turks and Caicos Islands after a surprised Mother’s Day vacation trip, from her daughters.

Her Ladyship The Hon. Ms. Tanya Lobban-Jackson agreed with senior defense counsel, Ms. Sheena Mair of F-Chambers that there are exceptional circumstancés in Grier’s case, by this, the court departed from the mandatory minimum sentence of twelve years imprisonment and ordered a lighter sentence of $1500.00 or Six months imprisonment if fine is not paid. She’s also sentenced to 23 weeks imprisonment suspended for one year.

Holding for the office of the Director of Public Prosecution via link was Dr. Angela Terry Brooks, deputy director of the DPP’S office.

The prosecution office did oppose exceptional circumstances and invited the court to impose the mandatory minimum sentence of twelve years imprisonment.

A more detailed court report will follow.

Wilkie Arthur
Court Correspondent
Eagle Legal News Media

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Wilkie Arthur

Eagle Legal News

#TurksandCaicos, July 5, 2024 – On Tuesday July 2, 2024 JOHN THEODORE SMITH, 63, the first named defendant represented by Mrs. Lara Maroof Misick of Maroof Law firm; KENNETH MARK ABRAMS, 58 the second named defendant represented by Mr Oliver Smith K.C of Baycourt Law firm and ALONZO MALCOLM, 54, the third named defendant, represented by Mr. Khamaal Collymore of Stanbrook Prudhoe Caribbean appeared in the Magistrate’s Court on Old Airport Road, Providenciales after being charged with offenses of Conspiracy, Misconduct in public office and Corruption.

Mr. Oliver Smith, KC being the most senior attorney saw his client, Kenneth Mark Abraham, originally from Guyana arraigned first before Chief Magistrate Mr Jolyon Hatmin.  Abrams is facing five very serious offences linked to his time as an executive member of the Turks and Caicos Islands Airports Authority.

John Theodore Smith, a Turks Islander out of Grand Turk, has the majority of charges; 10 alleged counts of corruption during his tenure as CEO of the Airports Authority.

Another native of Grand Turk, Alonzo Malcolm faces only has one charge, and it is connected to a well-known, alleged criminal Edward Bronson, who has faced the courts on similar type serious financial offenses in the United States of America (USA). It is believed that Bronson is serving time in a US prison.  Bronson, though also facing charges in the Turks and Caicos in this corruption matter, was not present for the arraignment.

JOHN T. SMITH

The Hon Chief Magistrate asked for Bronson and was informed by Ms. Enjaleek Dickerson, Public Prosecutor that: “He’s overseas your honor.”

Nothing further was said or mentioned about that defendant.

BAIL ARGUMENT FOR JOHN T. SMITH

Lara Maroof-Misick told the court that prior to the hearing on July 2, the prosecution has agreed to a bail of $200,000.00 with surety for her client, John Theodore Smith, because he no longer resides in the islands, but lives in Orlando, Florida.  It was offered that he must notify the TCI authorities when traveling, as he travels frequently.

Mrs. Dickerson agreed to this bail condition offer but attempted to go further by placing conditions on Smith’s fixed address or residency abroad.  It was met with Maroof-Misick questioning the Court and the public prosecutor about ‘how can one monitor or supervise an address overseas?’

Ms. Dickerson said “we would like his specific address overseas.”

The Chief Magistrate read the home address of John Smith as recorded on the charges.

Maroof-Misick then said, “his address has been provided your honor, I don’t think she means he has to sleep at that provided address every single night, if he doesn’t wish to. That’s the reason we agreed to such substantial bail, so he could be given his passport and move back to the US where he lives.”

Senior defense counsel Lara Maroof-Misick repeated, there’s no way we could monitor or supervise his residency from here so that cannot be a bail condition.

KENNETH MARK ABRAMS

The court agreed.

KENNETH MARK ABRAMS BAIL ARGUMENTS

Up next was KENNETH MARK ABRAMS whose attorney, Oliver Smith told the court he would ask for $50,000.00 bail for his client and that a mere email be sent when his client wanted to travel.

He said, it’s too burdensome to have to apply and reappear in court each and every time for permission to travel when it could be just an email to the relevant authorities and the court.

The Chief Magistrate agreed to the way of email correspondences for ABRAM’S passport to be released to him when he needs to travel. The Chief Magistrate then invited the Public Prosecutor, Ms. Dickerson to address him on the $50,000.00 bail proposal.

Ms. Dickerson said “no, that’s far too low, it should be no less than $100,000.00.”

Her counter offer was followed by the explanation that 50k does not match the figure on the charges against him.  She said $50K cannot compare to the gravity of the offences against him. She expanded on the seriousness of the allegations and stuck strongly to her submission that the bail should not go below $100k.

Smith, KC, even before Public Prosecutor was complete her submission, interjected and was up on his feet ready with a rebuttal calling the prosecutor’s bail offer and reasoning, “nonsense.”

The Chief Magistrate on more than one occasion had to stop his interruptions of Ms. Dickerson, cautioning him to allow the prosecutor to “finish.”

The KC argued, there is no mandatory minimum on bail amounts. He said, the court cannot grant bail based on the amounts listed or mentioned in the charges, “it doesn’t work like that.”

He moved into what could only be described as cut throat arguments, comparing the amount of charges against John Smith to his client, pointing out that Smith would be leaving the country and so his bail application is set much higher at $200k.

Abrams on the other hand is facing half the charges, with five corruption counts and he is resident within the Turks and Caicos.

ALONZO MALCOLM

The court then fixed the bail at $75,000.00 for KENNETH ABRAMS.

ALONZO MALCOLM BAIL ARGUMENTS

Building on the comparisons drawn by attorney Oliver Smith, defence counsel for ALONZO MALCOLM, Mr. Khamaal Collymore laid out a bail argument which was cutting both co-defendants’ throats.

He compared his client’s sole count to the five and the ten counts of alleged crime against ABRAMS and SMITH respectively.

Collymore said his client should be far less than all, as he only has one charge and proposed that his client not be made to surrender his travel documents as his client may be scheduled to travel for surgery.

The lawyer for Malcolm offered that his client could notify the court of dates for travel, but it is critical that his client have his passport in order to be able to leave once called upon for the medical travel.

Ms. Dickerson disagreed and so did the Chief Magistrate.

Bail for MALCOLM was set at $50k and his passport would have to be requested, by email, when a date for travel is determined.

All three matters – which were brought following investigations by the TCI Integrity Commission – are now adjourned to an October 4th, sufficiency hearing.

It is expected that three others will be charged in relation to this investigation, named in court were:. #1. ROBERT KOENIG #2. CARLTON HIGGS  and #3. EDWARD BRONSON.