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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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PAY FIRST. QUESTION LATER.

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Premier explains costly arbitration lesson after years of legal battles over InterHealth Canada bills

 

By Deandrea Hamilton | Editor

PROVIDENCIALES, Turks and Caicos Islands — The Turks and Caicos Islands has learned the hard way that when it came to the InterHealth Canada hospital agreement, successive governments could question the bills—but they still had to pay them first. It is an expensive lesson which has cost the country tens of millions of dollars in arbitration, legal fees and disputed invoices, and one Premier Charles Washington Misick finally laid out in detail during a ministerial statement in the House of Assembly on July 31.

A day earlier, the Progressive Democratic Movement (PDM) had stunned the country with its own assessment of the hospital arrangement, saying nearly $1 billion had already been spent under the agreement, approximately $60 million remained outstanding on the original hospital loan and a fresh arbitration exposed taxpayers to even more financial risk. Opposition Leader Douglas Parnell warned that time was rapidly running out.

“There are only 80 days remaining before this agreement expires. This crisis is happening now, and I’m not going to allow this present healthcare crisis affecting the people of these islands to be brushed aside or buried beneath arguments about decisions made nearly 20 years ago or statements of false comfort.”

On Friday, the Premier responded with what he described as “a full and frank account” of the hospital project and the Government’s handling of the dispute.

“The people deserve honesty. They deserve to understand how we arrived at this moment, what it has cost them, and what this Government is doing about it.”

While Premier Misick disputed the Opposition’s estimate of the Territory’s current arbitration exposure, he did not dispute that the legal battles have come at an extraordinary cost. Instead, he disclosed that the first arbitration alone cost the country approximately $39.7 million in damages, legal fees and arbitration expenses, while confirming that a second arbitration remains active and that the Government has already been ordered to pay approximately $9.3 million in disputed invoices as that case continues.

The Premier explained that the costly cycle was built into the agreement itself.

“The concession agreement required Government to continue making payments while disputes proceeded to arbitration,” he told Parliament, explaining that the legal framework effectively required the Government to pay first and dispute later.

For many watching, the Premier’s statement was the first detailed public explanation of why taxpayers continued paying millions while the Government simultaneously challenged the invoices in court and arbitration.

Looking ahead, Misick made it clear that the Government’s focus is no longer only on defending lawsuits but on ending the arrangement altogether. He said an active transition is underway to return the hospitals to public control while also seeking reforms to international arbitration rules that he believes unfairly disadvantage small island states facing complex commercial disputes.

The Premier closed by setting out what he said is the Government’s objective for the future.

“This Government will resolve the concession. It will reclaim the hospitals. And it will build a healthcare system worthy of the trust that our people place in it.”

Whether that plan ultimately succeeds remains to be seen. But after years of legal battles, arbitration rulings and mounting public concern, the country now has its clearest explanation yet of why the bills kept coming—even while they were being disputed—and what the Government says it intends to do to finally bring one of the Turks and Caicos Islands’ most expensive public contracts to an end.

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Dr. Candice Williams Appointed First Vice-President of Regional Higher Education Association  

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ACHEA Executive Team 

Providenciales, Turks and Caicos Islands 5 August 2026 — Dr. Candice Williams, President and Chief Executive Officer of the Turks and Caicos Islands Community College (TCICC), has been appointed First Vice-President of the Association of Caribbean Higher Education Administrators (ACHEA) for the 2026–2028 term.

The appointment followed elections held during ACHEA’s Annual General Meeting on 2 July 2026 at the Breezes Resort & Spa in Nassau, The Bahamas. The newly elected Executive officially assumed office on 1 August 2026.

ACHEA is a regional professional association that brings together higher education administrators and professionals from institutions across the Caribbean. The Association provides an important platform for regional collaboration, professional development, knowledge-sharing and the advancement of effective leadership and administration within the higher education sector.

This year holds special significance for the Association as ACHEA celebrates its 25th anniversary, marking a quarter-century of service to higher education leadership and institutional development across the region. The milestone reflects the organisation’s sustained growth, expanding influence and continued commitment to strengthening tertiary education systems throughout the Caribbean and beyond.

Dr. Williams’s appointment as First Vice-President represents a significant professional achievement and a proud milestone for TCICC and the wider Turks and Caicos Islands. It positions the country’s higher education leadership at the forefront of regional dialogue and initiatives aimed at strengthening institutional governance, improving administrative practices and addressing emerging priorities within Caribbean tertiary education.

In her role as First Vice-President, Dr. Williams will support the President and Executive in advancing the Association’s strategic objectives, strengthening engagement among member institutions and contributing to initiatives that promote excellence, innovation and sustainable development throughout the regional higher education sector.

The Honourable Rachel Marshall Taylor, Minister of Education, Youth, Sports and Culture, congratulated Dr. Williams on the appointment, noting that her elevation reflects both her distinguished leadership and the growing influence of the Turks and Caicos Islands within the regional education community.

“On behalf of the Ministry of Education, Youth, Sports and Culture, I extend heartfelt congratulations to Dr. Candice Williams on her appointment as First Vice-President of ACHEA. This achievement is a testament to her exemplary leadership, professionalism and unwavering commitment to the advancement of higher education. Her appointment is also a proud moment for the Turks and Caicos Islands, as it ensures that our national perspectives and experiences will continue to contribute meaningfully to important regional discussions. We are confident that Dr. Williams will serve with distinction and make a valuable contribution to the continued growth and development of higher education administration throughout the Caribbean.”

Following the Minister’s remarks, Mrs Sheba Wilson, Chairman of the Turks and Caicos Islands Community College Board of Govenors, also commended Dr. Williams’s appointment, highlighting the broader institutional and regional significance of her leadership role.

The Chairman reflected on the importance of sustained representation at the regional level and the College’s growing engagement within Caribbean higher education networks.

“Dr. Williams’s appointment to the ACHEA Executive is a clear reflection of the calibre of leadership we are fortunate to have at the Turks and Caicos Islands Community College. It also underscores the increasing visibility and respect that our institution and country are earning within regional higher education circles. We are especially proud that TCICC continues to contribute meaningfully to shaping conversations that influence the future of tertiary education across the Caribbean.”

Dr. Williams’s appointment also reinforces TCICC’s commitment to strengthening regional partnerships, sharing institutional expertise and contributing to the development of responsive and innovative higher education systems. Her participation at the executive level will provide further opportunities for TCICC to engage with regional institutions, exchange best practices and help shape approaches to the challenges and opportunities facing tertiary education across the Caribbean.

A notable moment in ACHEA’s recent history was the 2025 Annual Conference, which Dr. Williams had the privilege of hosting in the Turks and Caicos Islands. This marked the first time the Association convened its flagship conference in the TCI, welcoming more than 100 higher education administrators, researchers and thought leaders from across the Caribbean, North America and Africa to the destination. The event was widely regarded as a resounding success and is now recognised as a defining milestone in the Association’s development as it moves into its 25th anniversary year.

Reflecting on her appointment, Dr. Williams expressed gratitude for the confidence placed in her and reaffirmed her commitment to supporting the work of the Association.

“I am deeply honoured to have been entrusted with the responsibility of serving as First Vice-President of ACHEA. I am grateful to the Association’s membership for the confidence placed in me and look forward to working alongside the President, fellow Executive members and higher education professionals throughout the region. This appointment provides an important opportunity to strengthen collaboration, promote innovative administrative practices and support the continued development of institutions that are responsive to the needs of Caribbean learners and communities. I am also proud to represent the Turks and Caicos Islands Community College and the wider Turks and Caicos Islands as we contribute to the advancement of higher education across the region.”

The newly elected ACHEA Executive for the 2026–2028 term comprises:

  • President: Dr. Helen Williams-Cumberbatch
  • First Vice-President: Dr. Candice Williams
  • Second Vice-President: Ms Louri Clare
  • Secretary: Mrs Kasiane Reid-Martin
  • Assistant Secretary: Ms Sanielle Hinds
  • Treasurer: Ms Michelle Bruce
  • Assistant Treasurer: Dr. Courtney Garrick
  • Public Relations Officer: Ms Nataki Kerr
  • Assistant Public Relations Officer: Ms Alison Johnson

In a statement announcing the newly elected Executive, ACHEA extended its sincere appreciation to all members who participated in the election process and acknowledged the outgoing Executive members for their exemplary leadership, commitment and dedicated service throughout the previous term.

The full Executive, including members appointed to co-opted positions, will be introduced shortly.

Dr. Williams previously served as Second Vice-President of ACHEA. Her elevation to First Vice-President reflects the confidence of the Association’s membership in her leadership, experience and continued contribution to the advancement of higher education administration throughout the Caribbean.

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Facts According to the Turks & Caicos Premier About His Constitutional Amendments    

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What Premier Charles Washington Misick says the proposed constitutional reforms are—and are not.

 

FACT 1: The proposed amendments are not intended to extend the life of Parliament.

According to Premier Misick, his Government did not request longer parliamentary terms and has not sought constitutional changes to keep itself in office beyond the existing electoral cycle.

FACT 2: Cabinet expansion is about governing capacity, not political power.

The Premier says the proposed increase in the number of ministers reflects the growing responsibilities of Government and is intended to improve administration rather than create political advantage.

FACT 3: The Government wants greater local responsibility.

Misick says the constitutional proposals are designed to strengthen the Turks and Caicos Islands’ ability to govern its own affairs while maintaining its constitutional relationship with the United Kingdom.

FACT 4: The Constitution should not become a political weapon.

The Premier argues constitutional reform should be approached as a national issue that outlives individual governments and political parties.

Include his strongest quote on this point.

FACT 5: The Commission process involved consultation.

According to the Premier, the constitutional proposals emerged through discussions with the Constitutional Review Commission and engagement with stakeholders before being presented to the United Kingdom.

Insert his supporting quote.

FACT 6: Government is seeking better governance, not fewer checks and balances.

The Premier maintains the reforms are intended to improve decision-making, accountability and the effectiveness of Government.

Insert his supporting quote.

FACT 7: The Premier says some proposals now being criticized were previously supported.

Misick contends that several constitutional recommendations now under attack had earlier received support across the political spectrum.

Insert the relevant quotation.

FACT 8: The goal is a modern Constitution.

The Premier says the reforms are intended to modernize the Turks and Caicos Islands’ governance framework to better reflect today’s realities and future development.

Insert his closing quotation.

Editor’s Note

This Fact Report summarizes Premier Charles Washington Misick’s explanation of the proposed constitutional amendments as presented in the House of Assembly on July 31, 2026. It reflects the Premier’s stated positions and is intended to help readers understand the Government’s rationale. Responses from the Opposition and other stakeholders will be presented separately.

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