Dana Malcolm
Staff Writer
The United Kingdom recently had a representative in the Turks and Caicos’ courts assessing case progression in an effort to root out any issues hampering justice according to Dileeni Daniel Selvaratnam, TCI Governor.
Mark Fenhalls KC was reportedly taking forward work commissioned by the National Security Council and supported by the UK Ministry of Justice ‘to review the efficiency and effectiveness of case progression within the criminal justice system’ in the Turks and Caicos.
He’s also working directly with the Office of the Director of Public Prosecutions to figure out factors across the Criminal Justice System (CJS) that will need fixing ‘to drive efficiency and underpin the development of longer-term capability and capacity requirements.’
Fenhalls arrival is not unexpected as Governor Daniel-Selvaratnam carries years of experience in Strategy and Change in court systems.
She was Deputy Director of Strategy and Change in HM Courts and Tribunal Service which oversees all the courts of England and Wales including the criminal civil family courts and others from 2011-2015.
With the British tactic to shuffle governors to where their talents are most needed and the issues occurring in the TCI courts, the visit for many is not surprising.
The Turks and Caicos’ Justice system has been facing several challenges including, understaffing, evidence issues, lengthy wait times for trial, and even then, drawn-out court cases that have affected the carriage of justice locally.
Understaffing of the DPP office was highlighted by Angela Brooks acting DPP earlier this year.
“My prosecutors and administrative staff have embraced their workload with an attitude of excellence and diligence. My Lady, there were occasions when we were all double-booked before the different Courts because we didn’t have, and still do not have, sufficient prosecutors,” she said at the opening of the legal year in January.
The lengthy wait for cases to be called, poor scheduling, and drawn-out cases were other issues that Magnetic Media has observed. Double-booked judges and repeated delays have particularly affected the courts. Its effect is glaring in sexual assault cases where we have observed multiple victims who were initially brave enough to stand before the court simply gave up after delay on top of delay, resulting in cases being thrown out.
That’s not all, evidence and protocol flubs on the part of the Judiciary, Police, and others have caused cases to be shuttered; and lost the government millions. The improper treatment of a detained couple is one example whereas in other cases witnesses or evidence are rendered unusable, crippling the case.
The Governor did not say whether any report from Fenhalls and corresponding recommendations would be made.
