Connect with us

News

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

Published

on

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.

Education

Back-to-School Health Tips for Parents and Students: A Message from the Ministry of Health and Human Services Deandrea Hamilton ​ You ​

Published

on

PRESS RELEASE

FROM THE MINISTRY OF HEALTH AND HUMAN SERVICES

 

Providenciales, Turks and Caicos Islands – September 2024: As the school year begins, the Ministry of Health and Services is dedicated to ensuring students stay healthy and active throughout the academic year. The return to school is an exciting time, and we are encouraging parents to help their children build healthy habits that will support their physical and mental well-being. Here are some essential general health tips to keep in mind:

  1. Eat a Balanced Diet: Encourage your child to consume a variety of nutrient-rich foods that support growth and energy.
    • Include fruits, vegetables, whole grains, and protein in their daily meals.
    • Limit sugary snacks and junk food, which can affect concentration and energy levels.
  1. Stay Hydrated: Hydration is crucial for mental clarity and physical performance.
    • Ensure your child drinks plenty of water throughout the day, especially during school hours.
    • Equip them with a reusable water bottle to make hydration easy and accessible.
  2. Stay Active: Physical activity promotes not just fitness, but also mental alertness.
    • Encourage participation in school sports or active play during recess.
    • Aim for at least 60 minutes of physical activity each day, whether through organised sports or free play
  1. Manage Stress: School can sometimes be stressful for students, especially as they balance academic and extracurricular activities.
    • Teach your child to take regular breaks to relax and recharge.
    • Encourage open conversations if they feel overwhelmed. Let them know it’s okay to ask for help.

Maintaining proper hygiene and practising illness prevention is essential for keeping students healthy, especially during the school year when they interact closely with others in classrooms and playgrounds. Here are some hygiene-related tips:

  1. Wash Hands Regularly: Good hand hygiene is a key defense against illness.
    1. Teach children to wash their hands with soap and water for at least 20 seconds, especially before meals and after using the restroom
  1. Practice Good Hygiene: Promoting cleanliness reduces the spread of illness.
    1. Remind your child to cover their mouth and nose with a tissue or their elbow when coughing or sneezing.
    2. Encourage them to avoid touching their face with unwashed hands to reduce the risk of infections.
  1. Stay Home if You’re Sick:One of the best ways to prevent the spread of illness in schools is staying home when unwell.
    1. Keep your child home if they are showing signs of illness to protect classmates and teachers.
    2. Seek medical advice if symptoms persist or worsen.
  1. Get Vaccinated: Immunisations are critical for preventing diseases.
    1. Ensure your child is up to date with their required vaccinations.
    2. Consider the flu shot to protect against seasonal flu, especially before flu season begins.

The Minister of Health and Human Services, Shaun D. Malcolm remarked, “The Ministry of Health and Services is committed to supporting the health and safety of our students as they return to school. By following these simple tips, parents can help their children have a healthy, productive, and enjoyable school year”.

For additional information, please visit the Ministry of Health and Human Services Facebook page at https://www.facebook.com/tciministryofhealth/.

Continue Reading

News

Press Release from Deputy Leader of the People’s Democratic Movement (PDM), Mr. Robert Been Jr.

Published

on

Subject: The Neglect of Road Infrastructure in the TCI

 

Turks and Caicos, September 16, 2024 – The PDM along with Turks and Caicos Islanders are deeply concerned about the deplorable conditions of the highways and roads, particularly in Providenciales. As I travel across the island and listen to the concerns of our citizens, one issue that stands out is the lack of proper maintenance and upkeep of our roadways. This is not just a matter of inconvenience, but a blatant failure by the current PNP Administration to carry out one of the most basic functions of government: ensuring our roads are safe, functional, and well-maintained.

Many of the roads are overgrown with trees and bush, creating both an eyesore and a hazard for motorists and pedestrians. The once pristine landscapes that contributed to our image as “Beautiful by Nature” are now obscured by untrimmed vegetation and deteriorating road conditions. This is in stark contrast to the beauty that we proudly showcase to the world as our biggest selling point in the tourism market.

Tourism is the lifeblood of our economy, and the condition of our roads is a reflection of how we maintain the image of our islands. When tourists drive through these overgrown, unkempt highways, what message are we sending? That we do not care about the very product we are trying to sell? This neglect not only affects the experience of our visitors but also places undue strain on our local residents who use these roads daily.

This lack of basic road maintenance is another example of the PNP’s incompetence. If they are failing at this most basic level, how can Turks and Caicos Islanders trust them to manage the more complex and pressing affairs of our country? Road maintenance is not a luxury; it is a necessity. It is the bare minimum that the government should be providing for its citizens. When the PNP boasts about their achievements, we must ask, what good is a record-setting budget if they can’t even ensure the proper upkeep of our roadways?

The PDM understands the importance of basic government functions. A new PDM government will make it a priority to address the comprehensive repair and maintenance of the road infrastructure across the entire Turks and Caicos Islands. We will ensure that roads are not only repaired but also regularly maintained to prevent these kinds of issues from arising again. Our administration will focus on the fundamentals first, because we know that when the basics are handled well, everything else follows.

The future of our islands depends on a government that can effectively manage the day-to-day needs of its people, while also preparing for long-term development and growth. The PDM is committed to ensuring that the Turks and Caicos Islands remains beautiful, not just in name, but in reality. The people of this nation deserve better, and under a PDM government, we will make sure that you get it.

 

Robert Been Jr.
Deputy Leader of the People’s Democratic Movement (PDM)
Turks and Caicos Islands

Continue Reading

Crime

Deceased Male identified

Published

on

***MEDIA RELEASE***

 

Turks and Caicos, September 15, 2024 – The Royal Turks and Caicos Islands Serious Crime Unit has identified Barnabas Norbert as the victim of yesterday evening’s homicide.

Mr. Norbert, 60, of Blue Hills, Providenciales, was killed shortly after 9 pm.

Initial police reports indicated that the Police Control Room received reports that gunshots were heard near Phase One in Blue Hills, Providenciales.

Officers, along with medical personnel, responded and, upon arrival at the given location, noticed that two males had sustained what appeared to be gunshot wounds.

Mr. Norbert was deceased, while another male, age 29, was transported to a medical facility for treatment.

The RTCIPF extends condolences to Mr. Norbert’s relatives and friends.

While at the scene of the homicide, officers received information shortly after 10 pm of an aggravated burglary in the area.

A male victim had arrived home when he was accosted by two armed men who proceeded to rob him of valuables. The armed suspects ran off and escaped.

Shortly after 2 am today (September 15), the Police Control Room received a report of a robbery at a restaurant in Kew Town.

Reports are that three males, one of whom was armed with a firearm approached employees as they were closing the establishment and robbed them of a black Honda Fit car.  The vehicle was recovered in Dock Yard today.

These incidents remain under active investigation as the RTCIPF intensifies its efforts against criminal elements.

We are asking anyone with information that may help in these investigations to contact the closest police station, 911, the Serious Crime Unit at 231-1842, or Crime Stoppers at 1-800-8477 to provide any information anonymously.

Additionally, individuals are encouraged to download the Crime Stoppers P3 app to share information.

Continue Reading

FIND US ON FACEBOOK

TRENDING