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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.

Bahamas News

CIBC Caribbean Celebrates 2026 Unsung Heroes Finalists

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Nassau, Bahamas, 22 September 2026 – Six Bahamians whose service is making a difference in communities across the country were recently celebrated by CIBC Caribbean as the bank brought together its top 2026 Unsung Heroes finalists for a special recognition event.

The 2026 finalists were Kristin Butler-Beneby, Dinola Williamson, Amanda Knowles, Tamara Clarke, Ruth Fawkes, and Jaquay Adderley.

During the event, CIBC Caribbean also announced Dinola Williamson as the first runner-up in this year’s program. Williamson is an educator and community activist who has spent more than two decades in education and leads the Family Better Together Kabbalistic Kids Club. Her community work has reached children in Englerston, Fox Hill, Acklins, Crooked Island, and Grand Bahama through mentorship and activities designed to support their holistic development.

CIBC Caribbean Head of Country Terrance Gibson said the gathering was intentionally focused on celebrating the collective impact of the finalists.

“Unsung Heroes is about recognizing the people who may not always receive the spotlight, but whose commitment is felt every day in the lives of the people and communities they serve,” he said.

“While Kristin emerged as our 2026 Unsung Hero, and Dinola as our runner-up, each nominee represents the spirit of this program. They saw needs in their communities and made the decision to act, to serve, and to keep showing up. CIBC Caribbean is proud to recognize them and to help bring greater attention to the work they are doing.”

The recognition event also brought together members of the judging panel who reviewed this year’s nominations and selected the program’s honorees. The panel comprised Olympic gold medalist Tonique Williams, Bahamas Red Cross President Edison Sumner, Guardian Lifestyles Editor Shavaughn Moss, and Organization for Responsible Governance Executive Director Matt Aubry.

During the event, each finalist spoke about the community work that led to their nomination. The judges were also recognized for lending their time and expertise to the selection process.

Gibson added, “Recognition is important, but we also hope that sharing these stories encourages others to look around their own communities, see where they can make a difference, and act.

“Our Unsung Heroes remind us that meaningful change often begins with an individual who simply decides to help.”

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Bahamas News

Public Hospitals Authority Foundation Donates Dialysis Machines to Princess Margaret Hospital (PMH)

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The Bahamas, September 21, 2026 – The Public Hospitals Authority (PHA) Foundation, a philanthropic organization launched in January 2024 to support public hospitals and healthcare clinics, donated eight additional dialysis machines for the PMH Renal Services unit.

Director of Foundations, Corporate and Community Relations for the Public Hospitals Authority and Executive Director of the foundation, Alana Major, said this initiative is a part of the foundation’s “Sun, Sea and Second Chances” campaign.  PHA Foundation aims to secure 30 machines for Princess Margaret Hospital.

“As of today, with this donation, we are now up to 15 machines, so we are very excited about that,” Ms. Major said.

Other members of the foundation were present, including PHA Foundation Chairman Mr. Selvin Basden, who said the foundation is committed to doing its part in fulfilling the mandate of the Government of the Bahamas.

“One of the tenets of the Government is to ensure that access to healthcare is a human right. We are committed to ensuring that, at least from our part, we can deliver on that principle,” Mr. Basden said.

The PMH Renal Services Unit dialyzes about 150 to 170 patients annually. The unit provides care for patients who have been diagnosed with end-stage kidney disease and now need renal support. Patients who receive dialysis typically come to the unit three times a week, either on a Monday-Wednesday-Friday schedule or a Tuesday-Thursday-Saturday schedule.

Head of Department for Renal Services, Dr. Thurston Carroll, said she and the unit are excited to receive the donation, as it will replace machines that are not operating optimally.

“We are particularly excited about today’s donation because, although we have 20 stations within the dialysis unit, we have an aging fleet. These new machines and new water-treatment equipment will allow us to replace some of our aging equipment so that we can continue providing services to our patients.”

Foundation representatives noted that one or two organizations are already considering making bulk donations and if it happens, the foundation may be able to secure another 10 machines or another five machines in the very near future.

PMH Deputy Hospital Administrator Angelica Lockhart-Bastian and Hospital Administrator Mr. Tevard Bastian thanked the PHA Foundation for its donation to Princess Margaret Hospital.

Also in attendance were PHA Foundation Deputy Chairman Dr. Erecia Hepburn; Foundation guest Dr. Maria Oriakhi; Chief Biomedical Engineer Mr. Theodore Nottage; Administrative Officer Ms. Appapisa Neely; and Senior Assistant Hospital Administrator Mr. Valdez Bowe.

 

By Christina Williams 
Bahamas Information Services

BIS Photos/Mark Ford

PHOTO CAPTION:

Group Photo, from left:
– Dr. Rhea Thurston Carroll, Director, Renal Services, PMH
– Nurse Kim Harris, Dialysis Nurse, Dialysis Unit, PMH
– ⁠Sister Darnell Roker, Nurse Manager, Dialysis Unit, PMH
– Mrs. Angelica Lockhart-Bastian, Deputy Hospital Administrator PMH
– Mr. Tevard Bastian, Hospital Administrator PMH
– Mrs. Alana Major, Director, Foundations, Community and Corporate Relations, PHA
– ⁠Mr. Selvin Basden, Chairman, PHA Foundation
– ⁠Dr. Erecia Hepburn, PHA Foundation Board
– ⁠Ms. Donette Danvers, Executive Assistant, Foundations, Community and Corporate Relations, PHA

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Bahamas News

Romer Receives Regional Leadership Award

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Miami, Florida – Director of Aviation and Deputy Director General of Tourism, Dr. Kenneth Romer was presented with The 2025-2026 Infrastructure Leadership MVP Award, during the 10th Annual Caribbean Infrastructure Forum (CARIF) held in Miami September 15-16, 2026.

According to event organizers, New Energy Events, the MVP Leadership Award is the highest individual honor in the industry and is presented to an individual who has demonstrated exceptional, strategic and visionary leadership in advancing infrastructure in the Caribbean. Chosen by an independent jury of regional industry leaders, “The recipient is recognized for their sustained impact, influence across sectors, and dedication to driving meaningful progress in policy, investment, or project delivery”, said Event Organizers.

Romer becomes only the third person from the Region, and the first from The Bahamas to receive the Leadership MVP Award, joining last year’s winner The Honourable Mia Mottley, Prime Minister of Barbados.

Represented among the Conference Speakers and present at the Award Ceremony was Minister of Energy, Utilities and Aviation, The Honourable JoBeth Coleby-Davis, who said that, “This award amplifies The Bahamas Government’s commitment to executing a vision that sets the benchmark for infrastructural investments opportunities across our archipelago while supporting exemplary Bahamian leaders like Dr. Romer, who are steering the Caribbean toward more resilient, investable, and innovative infrastructure”.

“While this award is deemed an individual honor, it is a recognition of the Bahamas’ position as a respected regional leader and more so, a reflection of the incredible talent that resides within our small, but indomitable nation that continues to punch above its weight class as the world marks the manner of our bearing”, said Dr. Romer.

Dr. Romer has been instrumental in driving post-pandemic tourism recovery alongside the transformation of airports across the Family Islands through the Government’s landmark Family Islands Renaissance initiative. Under his leadership as Director of Aviation and Deputy Director General of Tourism, the sector has embraced a strategic, forward-looking approach focused on modernizing over 19 runways and terminals, strengthening safety and resilience, expanding international and regional connectivity, and leveraging public-private partnerships to deliver world-class facilities.

Dr. Romer’s work has helped translate the National Aviation Strategic Plan into tangible infrastructure projects that are creating new opportunities for tourism, investment, entrepreneurship and economic growth across the archipelago.

In 2025, he became the first person from the Caribbean and LATAM Region to be appointed to the Board of the International Association of Airports Executives.

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