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“Exceptional Circumstances”, Judge has the power to sidestep 12-year sentence for Bullet possession

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Deandrea Hamilton and Wilkie Arthur

Editorial Team

 

MICHAEL LEE EVANS

#TurksandCaicos, March 10, 2024 – Not everyone found with a gun or bullet in the Turks and Caicos Islands has to face the mandatory minimum sentence of 12 years, according to advice from the Attorney General who was speaking to members of the high level, Turks and Caicos National Security Council this week.

In what may come as a startling explanation of a recent Court of Appeal ruling, the AG, according to a media release from the NSC informed the group which met this past Wednesday May 8, that a judge “has discretion under the law, to impose a custodial sentence and a fine that are fair and just in the circumstances.”

It may be that reprieve the four Americans and at least one Turks and Caicos resident need in order to avoid spending the next 12 years of their lives locked away in the prison in Grand Turk.

Public understanding on the Court of Appeal ruling starkly contrasts this for many though.   All over the world, it has been broadcast that there is no avoiding the minimum jail time of a dozen years which was stiffened in 2022, when gun crime peaked to its deadliest levels ever for the cluster of British overseas territory islands.

BRYAN HAGERICH

“Section 3(3) of the Firearms Ordinance CAP 18.09 requires the Supreme Court to impose a mandatory minimum sentence and a fine for certain firearms offences, except in circumstances where the court finds that there are exceptional circumstances, in which case the court must still impose both a sentence of imprisonment and a fine but which are proportionality consistent with the exceptional circumstances.  The court must ensure that the custodial sentence and fine are in keeping with the dominant purpose of Parliament in enacting the law, deterrence, is reflected in the length of the term and the quantum of the fine.”

It is an excerpt from the ruling, which came on February 29 of this year.

The AG told her colleagues in the NSC sitting, ‘each case can be judged on its own evidence and information and that hefty mandatory sentence of 12 years jailed in prison can be avoided, if the judge deems it just, given the exceptional circumstances.

The NSC statement issued late on Wednesday said specifically, “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.”

Now, the NSC further informs, “the Chief Justice is advancing sentencing guidelines in this respect.”

TYLER SCOTT WENRICH

Currently, there are four Americans facing this strict law.  TCIG identified:  MICHAEL LEE EVANS, 72, of Texas, who pled guilty to possession of seven (7) 9mm rounds of ammunition and appeared before the court on Wednesday, 24th April 2024, via video conference link.  Evans is currently on bail, with sentencing hearing adjourned to June 18th, 2024; BRYAN HAGERICH of Pennsylvania, who has pled guilty to possession of twenty rounds of ammunition  (rifle rounds).  Currently on bail.  Scheduled to hear sentencing at the end of this month following a widely covered court appearance last Friday May 3rd, 2024; then there is TYLER SCOTT WENRICH, 31, of Virginia, is currently remanded at the Department of Corrections and Rehabilitation  in Grand Turk.  He is charged with possession of two (2) 9mm rounds. He has not applied for bail and RYAN TYLER WATSON, 40, of Oklahoma, currently on bail, charged with possession of four (4) rounds of ammunition. Watson appeared in court on April 24th, 2024. The matter was adjourned to June 7th, 2024.

Turks and Caicos Islander, Ruby Forbes of Grand Turk was also charged for the discovery of a single bullet in her baggage in July last year.  She was released on bail since September 2023 and on Monday April 29, 2024 her matter was listed for pre-trial review.  It is likely, Forbes’ trial will commence soon.

None of the defendants charged were in possession of a gun and so far, at least one defence attorney, since the Court of Appeal judgement has invited the presiding Judge to consider exceptional circumstances which he robustly argued warrants leniency.  More specifically, to impose as the requisite custodial sentence, time the defendant has already spent in police custody and no further imprisonment.

RYAN TYLER WATSON

In this case of Bryan Hagerich, whose sentencing hearing was on Friday May 3, that would be the eight days he spent in Police custody.  The Ordinance also makes it mandatory that a fine accompany the custodial sentence, which can be any time under the mandatory minimum 12 years which as Oliver Smith, KC laid out last week could be the eight days.

The serious criminal charges, which came as a shock to the families who entered the Turks and Caicos as tourists and were, in all cases, exiting the country after their vacations when the ammunition was detected, have attracted vigorous media coverage by US news organisations.

U.S law makers are also now taking notice of the dilemma where their citizens being “unjustly detained” in the Turks and Caicos awaiting possibly dire outcomes.

News Nation, on May 7 carried a report citing comments from the Governor of Oklahoma, Kevin Stitt who appeared on Good Morning America.

Governor Stitt told Americans watching the top rated morning show, that he is working behind the scenes to help the four men; he also called the law “absurd.”

Ruby Forbes

The TCI Government is standing by its Firearms Ordinance however, “The Turks and Caicos Islands have clear laws against the possession of firearms and or ammunition and strict penalties in order to serve and protect the community.  Travellers are strongly advised to search their luggage before they travel to the Turks and Caicos Islands to ensure they do not bring in forbidden items inadvertently.  The Turks and Caicos Islands reserves the right to enforce its legislation and all visitors must follow its law enforcement procedures,” communicated that April 29 statement.

Emerging amidst this divisive debacle, which has raging perspectives on both the Turks and Caicos and American sides about what should happen to the four Americans, is a report that the Governor from Oklahoma has been in contact with Governor of the Turks and Caicos Islands.

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CARICOM – A Regional Club With Benefits; Turks & Caicos Wants In

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Turks and Caicos, March 18, 2026 – Public reaction across the Turks and Caicos Islands was immediate and, in some cases, heated after the Government confirmed in the House of Assembly on Friday, March 13, that it is exploring a move from Associate Member to full member of the Caribbean Community (CARICOM).

The announcement, delivered by Acting Premier and Minister of Immigration and Border Services Jamell Robinson, sparked strong concern among residents, particularly over fears that full membership could require the territory to accept free movement of labour or weaken its immigration controls.

Social media commentary over the weekend questioned why there had been no public consultation and whether the move signaled a shift in the country’s political direction.

However, a review of the official statement and follow-up remarks made by Robinson this week shows the proposal is not sudden, is not final, and would require approval from all fifteen CARICOM member states before the Turks and Caicos Islands could become a full member.

NOT A NEW IDEA

In his ministerial statement to Parliament, Robinson confirmed that discussions about full membership have been taking place within regional forums for some time.

“As an Associate Member of CARICOM, the Turks and Caicos Islands also participated in caucus meetings and discussions among Overseas Territories and Associate Members regarding regional cooperation and the continued advancement toward full membership within the CARICOM Community,” he told the House.

He added that full membership would allow the territory to engage more directly in decisions affecting the region.

“Full membership in CARICOM would present meaningful opportunities for the Turks and Caicos Islands. It would strengthen our ability to engage more fully in regional decision-making… and ensure that the Turks and Caicos Islands is better positioned to benefit from collective advocacy and coordinated action on issues of common concern.”

The idea of deeper integration is not new. Since the return of elected government in 2012, successive administrations have promoted stronger ties with CARICOM.

Former Premier Dr. Rufus Ewing regularly attended Heads of Government meetings and spoke openly about the importance of regional cooperation, even suggesting that long-term political development for the territory would likely place it closer to the Caribbean than to Britain.

Premier Sharlene Cartwright-Robinson also maintained active participation in CARICOM during her term, focusing on security cooperation, economic recovery, and regional partnerships, though her administration did not pursue full membership.

Under the current administration, Premier Charles Washington Misick has repeatedly said stronger regional integration is necessary for economic stability, security cooperation, and food supply resilience.

FREE MOVEMENT FEARS ADDRESSED

Much of the public backlash centered on the belief that full membership would force the Turks and Caicos Islands to accept the CARICOM free movement of labour provisions.

Speaking Monday to Cheryl Forman, host of First Edition on Radio Turks and Caicos, Robinson said that is not the position being taken by the Government.

“We’re looking for full membership, and just to be clear right off the bat, the Turks and Caicos is not looking to sign on to the free movement of labour portion of the Revised Treaty of Chaguaramas,” he said.

He noted that other British Overseas Territories and even some CARICOM members have negotiated exemptions.

“Just like Bermuda, just like the BVI… The Bahamas did not sign off on that portion. Free movement across the region does not even exist in the way people think. It applies only to certain skills and professions.”

Robinson stressed that any agreement would be negotiated and would not remove the territory’s ability to control immigration.

“The full membership process isn’t going to be a case where we lose our ability to determine our immigration and labour policies. Those are things that will form part of our negotiated position.”

WHY GOVERNMENT WANTS FULL MEMBERSHIP

Robinson outlined several reasons the administration believes deeper integration could benefit the territory.

One argument is that Associate Members can participate in discussions but do not have voting power.

“You can think of it as being part of a club. As an associate member, you don’t get all the benefits. You can sit in the room, but you don’t always have a final say in decisions that may impact you.”

He also said regional partnerships have already proven critical in national security.

“If it were not for the ability of our Premier to pick up the phone and speak to Prime Minister Davis in The Bahamas and Prime Minister Holness in Jamaica, our crime situation would be completely different,” Robinson said, referring to the deployment of tactical officers from both countries to assist local police operations.

He added that closer ties could also help reduce the cost of living through regional trade.

“In some cases, the very same products we import from the United States originate in the Caribbean, go to the US to be repackaged, and then come back to us. If we can trade more directly within the region, that could help bring down prices.”

Robinson also pointed to discussions within CARICOM about improving regional shipping, food production, and transportation links, including plans for Guyana to become a major agricultural supplier for the region.

NOT A GUARANTEE

Despite the public debate, Robinson emphasized that full membership is not automatic.

Any application must be negotiated and approved by all CARICOM member states, meaning the Turks and Caicos Islands cannot simply decide to join on its own terms.

That reality, he said, is why the Government is still developing its negotiating position, including work on population policy, immigration strategy, and labour planning before any final step is taken.

The debate now unfolding across the territory reflects more than a policy proposal.

It highlights a deeper question that has existed for more than a decade — whether the future of the Turks and Caicos Islands lies primarily with the United Kingdom, or increasingly with the Caribbean region to which it is geographically, economically, and culturally connected.

For now, full CARICOM membership remains only a possibility — but one that has clearly stirred strong emotions in a country still deciding how far regional integration should go.

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

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Health

Gut Health Linked to Lower Colorectal Cancer Risk According to Cleveland Clinic Dietitian

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March 19, 2026 – March is Colorectal Cancer Awareness Month, a time dedicated to highlighting the importance of prevention and early detection of one of the most common cancers affecting both men and women, according to the CDC.

March is Colorectal Cancer Awareness Month and according to the CDC, colorectal cancer is the third most common cancer for both men and women.

The good news is there are ways to help prevent it, like improving your gut health.

“A healthy gut and a diverse microbiome help decrease inflammation, and chronic inflammation we know can lead to increased risk of cancer, specifically colorectal cancer,” explained Julia Zumpano, RD, registered dietitian at Cleveland Clinic.

Zumpano said we can help improve our gut health by improving our diet.

She recommends eating foods that are high in fiber, such as whole grains, fruits, vegetables, legumes, nuts and seeds.

She also suggests adding fermented and probiotic foods into your diet. Some ideas include yogurt, kefir, kimchi and sauerkraut.

Zumpano notes that it can be overwhelming to eat a bunch of new foods at once, which is why it’s best to make a gradual transition.

“I would first begin by reducing processed foods and incorporating more fiber rich foods. And you’ll see your gut symptoms improve. So, if you have any symptoms like constipation or diarrhea, those things should improve. Now if you’re finding that you’re having gastrointestinal symptoms that aren’t going away despite making positive health changes, that’s when you should seek medical attention,” she advised.

Besides keeping a healthy diet, Zumpano said it’s also important to make sure you’re getting enough physical activity as exercise has been shown to help reduce a person’s risk for colorectal cancer.

By focusing on small sustainable lifestyle changes such as eating a fiber-rich diet, supporting gut health and staying physically active, people can take meaningful steps toward lowering the risk of colorectal cancer and improving their overall health.

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Caribbean News

Fighting the fungus foe of the beloved banana

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How Venezuelan farmers are learning to grow and live with a devastating plant disease

 

In the fields of Venezuela, where the banana has been for generations a symbol of sustenance and tradition, a shadow fell across the land. In 2023, Venezuela’s National Institute of Integral Agricultural Health (INSAI) declared a phytosanitary emergency: the fungus Fusarium Tropical Race 4 (TR4) (Fusarium oxysporum f. sp. cubense tropical race 4; syn. Fusarium odoratissimum) had arrived in producing areas in the states of Aragua, Carabobo and Cojedes.

This fungus, considered a devastating disease of banana and plantain (Musaceae) trees, can remain in the soil for more than two decades, threatening production and the lives of those who depend on it.

In the state of Aragua in the north of the country, the Renacer community had been growing bananas and plantains on 20 hectares since 2018. Then Fusarium arrived.

“When the disease hit, the entire plantation began to deteriorate. We refused to ‘die’ with the trees because that was our livelihood. The visits of INSAI confirmed that we had to chop down the banana trees. I cried a lot because I had worked with my banana trees for years,” recalls woman farmer, Lesbia Margarita García, with a broken voice.

In response, INSAI implemented measures to eliminate the affected plantations and improve the soil health by changing to other crops that allow agricultural production to recover. The Food and Agriculture Organization of the United Nations (FAO) offered assistance by providing corn seeds, tools, biosecurity inputs and training, with teams of experts helping farmers to start again.

“Planting corn, thanks to the INSAI-FAO programme, gave us a harvest that benefited everyone. We have been improving the soil,” says Lesbia Margarita with a smile. “Now we rotate crops, observe soil health and have learned how to use natural fertilizers. Expert assistance has been key.”

The pilot project works directly with affected producers in high-risk areas, promoting alternative crops such as cereals and vegetables, delivering inputs and tools to mitigate damage and applying biosecurity measures for safe and effective containment.

“Beyond the corn received, we have already planted cassava, chili peppers, beans and pumpkin. We hope that by the end of the year [2025] we will be diversified and that each season we will have something to sell. These lands do not give up,” says Lesbia Margarita with conviction.

The Renacer community is beginning to see fruits. Their products are reaching local markets, generating income and rebuilding their livelihoods.

Key actions to manage Fusarium TR4 are ongoing, including regular monitoring, continuous training, inter‑institutional coordination, updates to the national plan, information campaigns and producer impact assessments. INSAI is sustaining regulatory, surveillance measures and training —with FAO support—as part of a comprehensive long‑term strategy.

At the global level, FAO supports awareness raising, capacity building and international collaboration in the fight against Fusarium TR4 by facilitating the World Banana Forum and its Global Network on TR4.

“The objective is for countries to strengthen their operational and technical capacity, articulating actions between the public sector, the private sector and family farmers,” says Raixa Llauger, FAO Agriculture Officer in Mesoamerica. “FAO and local partners have promoted this approach in Venezuela.”

As an essential part of the activities, a comprehensive training programme was developed with activities that taught farmers how to identify the disease contain it and protect crops. In addition, FAO has distributed laboratory equipment, biosecurity tools and a multispectral drone to INSAI. Drones are an efficient and cost‑effective tool for phytosanitary surveillance, offering rapid, high‑resolution monitoring and early detection of plant pests and diseases.

Overall, the project strengthened biosecurity measures against the Fusarium fungus through the adoption of the National Action Plan and the establishment of partnerships with national and international institutions. In addition, the pilot initiative supporting smallholder farmers in key production areas and a nationwide awareness campaign with broad outreach improved surveillance, diagnosis and phytosanitary response capacities across the country.

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