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Sexual Assault matter gets RETRIAL order at Court of Appeal

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Wilkie Arthur

Freelance Court Correspondent

It was before a three justices of the High Court of Appeal panel: The Hon. Mr Justice Adderley, JA, President (Ag.) (Presiding); The Hon. Madam Justice Cornelius Thorne, JA and the Hon. Mr. Justice Hylton, JA.

Appearances were: Mr Oliver Smith K.C for the appellant, LOPEZ KENO WILLIAMS and  Ms Nayasha Hatmin for the respondent or the Office of the Director of Public Prosecution (DPP).

The appeal was heard on January 15th, 2024 and a decision handed down on February 29th, 2024.

The issues raised in the appeal by King’s Counsel Smith and challenged by the Crown’s Senior Counsel, Mrs Hatmin were that of Sexual Assault by Penetration.  It was an appeal against Conviction and Sentence; Constitutional Rights of the appellant; the  Right of Review of Conviction or Sentence; the right to a fair hearing; incomplete trial transcript; the effect of an incomplete transcript and the final issue was whether an

incomplete transcript constitutes a deprivation of the Appellant’s Constitutional Rights.

Local and international previous high court cases were left for the Court’s consideration such as:

– Evon Jack v R [2021] JMCA Crim 31;

– Treverson Saunders v Regina; 

– Lincoln Smith v Regina (CR-AP 7 of 2015; CR-AP 28 of 2015) [2017] TCACA 4 (1 December 2017).

The court outlines that they are aware that sexual abuse of children plagues our societies. Cases involving sexual abuse are particularly sensitive because of the recognised vulnerability of the complainants and the potential loss of freedom and reputation of the accused.

The prosecution and adjudication of such matters are rife with legal difficulties which the courts must carefully negotiate. The most careful handling of the case must be taken by the State at every stage to protect the rights of both complainant and accused.

The facts of the case as were laid out.

On January 17th, 2023 Keno Williams, the appellant, was convicted of one count of Sexual Assault by penetration. He was sentenced to a four-year term of imprisonment.

He appealed his conviction and sentence.

The case for the Crown was that the appellant was well known to the

complainant, who was 14 years old at the time the (alleged) offence took place. A series of WhatsApp messages were exchanged between them, in which the

appellant importuned her with request for sexual activity in return for money, the alleged victim had requested.

The Complainant saved some of the messages on her phone and

took screenshots of others. The Crown’s case continued that she later sent these screenshots to another close friend. On the date of the offence while the complainant was babysitting the child of the appellant’s girlfriend, the appellant pushed her up against a wall and sexually assaulted her. Apart from her friend to whom she sent the WhatsApp messages and confided the incident, she told no one until she had an argument with her mother, to whom she then revealed the assault.

The appellant’s defence was a total denial, asserting that the WhatsApp messages were a fabrication made to a proxy account set up by the complainant, and that the sexual assault never happened. 

As in most sexual offence cases, the primary witness was the complainant, the 14-year old girl.

The hon court of appeal JUSTICES then mentioned the appellant’s grounds of appeal filed. The original grounds of appeal were filed on March 22nd 2023 and amended by new Counsel on 27th December 2023. The amended grounds of appeal are:

Ground 1-

Incomplete and inadequate trial transcript; there were missing sections of the evidence of witnesses as to material facts, as well as the absence of sections of the trial judges (sic) summation to the jury.  Such lacuna or gaps in information constitutes a breach of the right of the appellant to have adequate time and facilities for the preparation of his defence (appeal) as guaranteed under section 6(1) (c) of the Turks and Caicos Islands Constitution Order 2011.

Further the incompleteness and inadequacy of the trial transcript, as an example, the absence of the evidence in chief of the virtual complainant, further constitutes a breach of the right of the appellant to have a copy of the record of the proceedings made by

or on behalf of the court, as guaranteed under the said section 6(3) of the Turks and Caicos Islands Constitution order 2011.

The cumulative effect of the several cited instances of missing transcripts and the multiplier inadequacy, results in the denial of the constitutional rights set out above and as such the appellant has been, is being an is likely to be denied due process contrary to the Constitution.

Ground 2-

Admissibility of Computer-Generated Evidence

The learned trial judge erred in allowing the photographs of screenshots evidence. 

Resolution involves determining whether the screenshot evidence was authenticated so as to meet the test of admissibility. 

Resolution also requires addressing the issue of the integrity of the electronic system on which the evidence was stored. The erroneous admission of the photographs had prejudice (sic) the appellants case rendering the trial unfair.

Ground 3-

The Learned Trial Judge failed to Direct Jury as to Crown’s Exhibit 19

The Learned trial judge (sic) failed to direct the jury as to how to approach the WhatsApp messages and or failed to offer any meaningful assistance to the jury on how to deal with the screenshots of WhatsApp messages.

Having admitted such evidence and allowing the case to go to the

jury, the learned trial judges (sic) summation was vague and inadequate. 

It did not assist the jury sufficiently with how to treat the factual and legal issues concerning the photographs contained in the Crown’s Exhibit 1.

Ground 4-

Inadequate summation

The learned Trial Judge’s summing up was inadequate as the Trial Judge failed effectively Marshall (sic) the evidence to the jury during her charge.

The learned Honourable court of appeal JUSTICES said that, “significant lacuna” in the evidence of the witnesses and in the judge’s summation. In this case before us there is a substantial transcript of the evidence of the witnesses and at least two-thirds of the Judge’s summation has been recorded, but the unavailability of missing portions, particularly the examination-in-chief of the Complainant and the general directions makes the issue no less grave. 

As the Judge herself the Honourable Ms. Tanya Lobban-Jackson noted in her review of the evidence of the complainant, the case boils down to the word of the complainant.

The appellant, his attorney and the Court are entitled to have more than the Judge’s interpretation of the evidence before them to determine this Appeal.

The Prosecution has argued that the lack of a trial transcript is not always fatal to a case. In Evon Jack v R [2021] JMCA Crim 31 the Court of Appeal of Jamaica, noted that it was more likely to be fatal if it was combined with other factors, such as delay, I find that in the context of this case, the importance of the evidence of the Complainant and the other missing portions is sufficiently serious to establish that there is Constitutional deprivation of his, the Appellant’s rights.

The Court spoke on another local sexual case in which this happened before here in the TCI and said it is useful to repeat the injunction of Court in Saunders at paragraph [17} that “in future it is the responsibility of the Registrar and staff of the Registry to secure the record of proceeding from which the Record of Appeal is to be prepared’.

The court said, ‘clearly, that future is now.’

While technological failures cannot be predicted or always avoided, the circumstances in which a woefully inadequate transcript is presented to this Court with no explanation should henceforth be rare.

There has been no significant delay in this matter to the level of the eight-year delay in Evon. The Appellant was convicted on the 17″ January 2023 and sentenced on the 17″ March that year. There are few witnesses, and the evidence of the Complainant is the mainstay of the Prosecution’s case. It is therefore a suitable candidate for a retrial.

The Order of the Court is to allow the appeal, quash the conviction and sentence and order a retrial.

The court final words in this appeal decision were that, in the circumstances, it is prudent to not deal with the other grounds of appeal so as not in any way to tie the hands of the judge rehearing the matter.

KENO WILLIAMS has since been released on bail pending the decision of the office of the DPP if they will retry the case or just dismiss the matter against the accused.

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How Misick Fell Short of The UN’s Worst Corruption Standard

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Judge Cites Kofi Annan, But Finds No Evidence Defendants Caused the Wider Harm Described by the Former UN Chief

 

By Deandrea Hamilton

Turks and Caicos, June 9, 2026 – One week after former Premier Michael Misick, former Cabinet minister McAllister Hanchell and attorney Thomas “Chal” Misick began serving prison sentences in the Turks and Caicos Islands’ landmark corruption case, attention is turning to a significant distinction made by Justice Rajendra Narine during sentencing.

In imposing prison terms on May 29, the judge agreed that corruption is a serious offence capable of causing profound societal harm. Yet he also found that there was no evidence the three convicted men caused the sweeping consequences described in one of the world’s most famous condemnations of corruption.

The quotation came from former United Nations Secretary-General Kofi Annan, who famously wrote:

“Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life and allows organized crime, terrorism and other threats to human security to flourish.”

Annan further observed:

“This evil phenomenon is found in all countries — big and small, rich and poor — but it is in the developing world that its effects are most destructive.”

Justice Narine acknowledged the quotation but drew an important distinction between the broad consequences of corruption described by Annan and the evidence presented during the trial.

“The court agrees that there is no evidence in this case that the offending parties actually caused or contributed to any of the harmful consequences described in the quotation,” Narine said.

The finding did not spare the defendants from prison.

The judge made clear that the offences remained serious enough to warrant immediate custodial sentences.

“This case was about an abuse of public trust for the sake of personal gain,” Narine stated.

“The conduct of the defendants caused a constitutional crisis and reputational harm to the territory.”

He added that the public interest demanded punishment and deterrence.

“The public interest requires that the sentence must reflect society’s abhorrence of the criminal conduct and the sentence should be such that like-minded potential offenders would be deterred from similar conduct.”

Narine also rejected suggestions that the absence of direct victims diminished the seriousness of the offences, noting that corruption often harms institutions and public confidence rather than identifiable individuals.

At the same time, the court accepted several mitigating factors advanced by the defence.

“The court is aware of the age, middle age of the offenders, that the immediate custodial sentences would have a traumatic effect on the families, understanding the emotional distress involved,” Narine said.

He also agreed that rehabilitation was not a major concern.

“The court agrees with the defence counsel that there is a low risk of reoffending and that the objective of rehabilitation is not a significant factor in this case.”

Those considerations, combined with the extraordinary delay in bringing the matter to conclusion and the defendants’ previous good character, contributed to substantial reductions from the starting points the judge initially considered.

Michael Misick ultimately received an effective sentence of four years and 26 days on three bribery convictions. Hanchell was sentenced to three years on two bribery counts, while Chal Misick received four years on four money laundering convictions.

The legal saga, however, is far from over.

All three men remain in custody while awaiting a June 17 hearing on applications for bail pending appeal. In addition, confiscation proceedings — which could determine what assets or funds may be recoverable by the Crown — are still to come.

For now, the court’s message appears clear: while the conduct warranted prison and public condemnation, Justice Narine was not prepared to conclude that the defendants’ actions produced the full range of societal devastation described in Annan’s warning about corruption.

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

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FROM PREMIER TO PRISONER: A MOMENT FEW THOUGHT THEY WOULD SEE  

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Turks and Caicos, June 1, 2026 – No one thought that a premier who had been so fiercely defended by supporters and so widely celebrated across the Caribbean for helping to transform the Turks and Caicos Islands would one day be looking out at the country he once led from behind prison walls.

Yet that is the reality confronting former Premier Michael Misick following Friday’s sentencing in the long-running corruption prosecution that has shaped political discourse in the Turks and Caicos Islands for nearly two decades.

Before the transactions, decisions and conduct that ultimately led to convictions, Michael Misick was widely regarded as one of the most influential political figures in modern Turks and Caicos history. During his tenure as leader of the Progressive National Party government, the country experienced unprecedented levels of investment, development and international attention. To supporters, he was a visionary and relentless leader. To critics, he became the face of a government whose actions ultimately triggered allegations of corruption, abuse of power and failures of accountability that reverberated throughout the territory.

On Friday, those competing narratives collided in dramatic fashion.

As Justice Rajendra Narine handed down prison sentences, the atmosphere inside the courtroom reportedly shifted from anticipation to shock. Supporters stood silently. Some wept. Others struggled to absorb a reality that had long seemed possible in theory but distant in practice.

The reality of the ruling became apparent almost immediately.

Armed police officers remained inside the courtroom as arrangements were made to take the convicted men into custody. Rather than exiting through the front of the Supreme Court, Michael Misick, attorney Thomas “Chal” Misick and former Cabinet Minister McAllister Hanchell were escorted from the building through a rear exit, avoiding what could have become a highly charged public scene outside the courthouse.

By Friday evening, the three men were behind bars.

For many residents, that was the moment the significance of the ruling truly settled in. Convictions had been handed down. Appeals had been argued. Court appearances had stretched across years. But imprisonment was different. It transformed a legal saga into an immediate and undeniable reality.

The sentence imposed on Michael Misick was also shaped by factors extending far beyond the offences themselves.

Justice Narine revealed that he began with a starting point of eight years’ imprisonment for each of the bribery convictions before weighing aggravating and mitigating factors. The court ultimately reduced that starting point by five years after considering a range of circumstances, including the extraordinary delay in the proceedings, a finding that Misick’s constitutional right to be tried within a reasonable time had been breached, the 339 days he spent in custody in Brazil during extradition proceedings, his lack of previous convictions, years of public service, family circumstances and medical evidence presented by the defence.

After those reductions were applied, the court imposed sentences of three years on Counts One and Three and five years on Count Two. The additional credit for the 339 days spent in Brazilian custody further reduced the effective sentence to two years and 16 days on Counts One and Three and four years and 26 days on Count Two.

The judge’s reasoning was nevertheless clear. Despite the mitigating factors, the seriousness of the offences, the abuse of public trust and the need to uphold standards of good governance required custodial sentences. In essence, the court concluded that penalties short of imprisonment would fail to adequately reflect the gravity of the conduct.

The outcome is unprecedented in modern Turks and Caicos history. Never before has a former premier of the territory been ordered to serve a custodial prison sentence.

The political and family dimensions make the development even more extraordinary.

Michael Misick and Chal Misick are brothers of Premier Charles Washington Misick. All three convicted men were prominent figures associated with the Progressive National Party administration at the centre of the corruption allegations. While Premier Charles Washington Misick has consistently remained separate from the proceedings and has never been implicated in the case, Friday’s events nevertheless placed him in the unusual position of leading the country while two brothers begin serving prison terms.

Yet even as three years long prison sentences await the men, we learn the legal battle is not over.

Sources indicate appeals could be filed as early as Monday, with requests for bail expected to accompany those efforts. It remains unclear whether the challenges will focus on the convictions, the sentences imposed, or both.

What is clear is that after nearly two decades of investigations, hearings, trials, judgments and appeals, the story is still being written.

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SHOCKING:  PRISON SENTENCES FOR MISICKS and HANCHELL IN DRAMATIC CLOSE TO TRIAL  

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By Deandrea Hamilton

 

Turks and Caicos, May 29, 2026 – In a decision that many believed might never come, three of the most recognizable figures in modern Turks and Caicos Islands history have been sentenced to prison.

Former Premier Michael Misick, once regarded by supporters as a transformational leader who helped propel the country’s tourism boom, was sentenced Thursday to an effective prison term of four years and 26 days. Former Cabinet Minister McAllister “Piper” Hanchell was sentenced to three years, while attorney Thomas “Chal” Misick, the former premier’s brother, received an effective sentence of four years.

The sentences bring a dramatic new chapter to what has become one of the most impactful corruption prosecutions ever undertaken in the Turks and Caicos Islands.

The convictions themselves were delivered on February 4, 2026. But it was the sentencing hearing over the past week that captivated public attention as defence attorneys mounted passionate and at times emotional arguments urging Justice Rajendra Narine to spare the men from imprisonment.

For Michael Misick, veteran attorney Gilbert Peterson argued that prison was unnecessary and potentially dangerous. He pointed to Misick’s age, health concerns, family responsibilities and the extraordinary delay in the proceedings, which stretched across more than a decade.

Peterson reminded the court that Misick had already spent 339 days in custody in Brazil during extradition proceedings and argued that the former premier had effectively lived under the weight of prosecution for years.

The court also heard that Misick is the father of seven children, including a young child who would grow up without his father if imprisonment was imposed. Character references from pastors, bishops and respected members of the community urged mercy.

The defence further highlighted Misick’s role in the development of the Turks and Caicos Islands, citing tourism expansion, economic growth, job creation and major development projects undertaken during his years in office.

For Hanchell, defence attorneys presented evidence of serious health concerns, including a recent stress-related cardiac event that required emergency medical treatment in the Cayman Islands. The court also viewed a recorded appeal from his 94-year-old bedridden mother and considered numerous testimonials submitted on his behalf.

For Chal Misick, the defence pointed to his previous good character, professional standing and the extraordinary delay in bringing the matter to conclusion.

In the end, Justice Narine accepted many of the mitigating circumstances presented by the defence. He acknowledged the lengthy delay in the proceedings, constitutional concerns surrounding the pace of the trial, the time Misick spent imprisoned in Brazil, previous good character, public service, family circumstances and health considerations.

Yet despite those factors, the court concluded that the seriousness of the offences demanded imprisonment.

It was a clear signal that status, influence, public achievements and personal hardship could not outweigh what the court viewed as corruption at the highest levels of government.

The judge repeatedly emphasized that corruption by public officials represents a profound breach of public trust and that custodial sentences were necessary both to punish wrongdoing and deter similar conduct by others entrusted with public office.

In Michael Misick’s case, the court found that the offending fell within the highest category of seriousness, involving substantial financial benefits, abuse of high office and sophisticated arrangements designed to facilitate and conceal corrupt conduct.

The judge set an initial starting point of eight years before applying significant reductions for mitigating factors, including delay, constitutional breaches and time served in Brazil.

For years, supporters argued that the case would never end.

On Thursday, it ended with prison sentences.

For many citizens, the moment is difficult to process.

Michael Misick dominated the political landscape for years and remains one of the most influential leaders in modern Turks and Caicos history. Hanchell was a senior member of Cabinet. Chal Misick was among the country’s best-known attorneys.

For younger Turks and Caicos Islanders, it may be difficult to appreciate the significance of the moment. There was a time when Michael Misick appeared politically untouchable. His administration oversaw an era of explosive development, unprecedented investment and international attention. Admirers credited him with helping to modernize the country and accelerate its economic rise. Critics argued that the same period created conditions that ultimately led to the Commission of Inquiry and the criminal prosecutions that followed.

On Thursday, those two competing legacies collided inside a Supreme Court courtroom.

As Turks and Caicos reflects on the outcome, credit must also be given to journalists who remained committed to covering the case through its many twists, delays and legal complexities. Magnetic Media relied heavily on the detailed courtroom reporting of TCI Sun Publisher and Editor-in-Chief Hayden Boyce during the final stages of the proceedings. Boyce remained closely engaged with the case and provided some of the most comprehensive accounts of the sentencing hearings as the matter moved toward its conclusion.

Regardless of where public opinion falls, few would have predicted fifteen years ago that a former premier, a former cabinet minister and a prominent attorney would one day stand convicted and sentenced to prison in the same corruption case.

That reality now forms part of the permanent historical record of the Turks and Caicos Islands.

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

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