Wilkie Arthur
Freelance Court Correspondent
#TurksandCaicosIslands, May 22, 2024 – Two American tourists from two separate arrests and both charged with possession of ammunition in two separate matters demanding the expertise of two local attorneys making their cases before two high court justices.
The defendants are from two different States and their matters were called on the same date while unfolding in the courtroom on two different islands.
PROVIDENCIALES PROCEEDINGS FOR RYAN WATSON
RYAN TYLER WATSON of Oklahoma and TYLER WENRICH of Virginia both appeared in the Turks and Caicos Islands Supreme Court on the same date of Tuesday, May 21st, 2024.
WATSON was in the Providenciales Supreme Court before her Ladyship Ms Tanya Lobban Jackson and TYLER WENRICH was in Grand Turk before his Lordship The Hon Mr Justice Davidson Kevin Baptiste.
Their attorneys are Mr. Oliver Smith KC and Senior Human Rights Attorney Ms Sheena Mair, respectively.
For RYAN WATSON, the case was listed for an application filed by his attorney KC Smith to expedite the proceedings. We can recall that he was remanded to prison on April 23rd and released on bail on the 24th by the Supreme Court.
Watson’s case was adjourned to a sufficiency hearing date of June 7, 2024.
The case was moved to Tuesday May 21st on an application by his defense counsel and the matter is now set for Plea and Directions Hearing ( PDH) in seven days which is May 28th, 2024.
This is indeed a jump from the June sufficiency hearing date, now WATSON if he pleads guilty, could be sentenced soon and his matter expedited for a quick close.
TYLER WENRICH GRAND TURK PROCEEDINGS
As for TYLER WENRICH in the Grand Turk Supreme Court, his judge heard sentencing submissions from his attorney, Ms. Sheena Mair and Mr Clement Joseph of the Office of the Director of Public Prosecutions.
We will outline some of the arguments put forward by the defense and the prosecution in the Grand Turk Supreme Court.
At the conclusion of both sides’ arguments, the judge adjourned the actual sentence for a date to be fixed within the next seven days.
Here are the arguments his Lordship Justice Davidson Kevin Baptiste are considering for or against TYLER WENRICH.
He was supported in court by his father, Michael Wenrich, and a United States of America Embassy representative, Mr. Lance Petererson, who flew in from Nassau Bahamas for the proceeding which was also being covered by a leading American broadcaster station, ABC News.
The Court proceeding was delayed some 30 minutes at 10am to ensure the indictment read, the charge of two counts of possession of ammunition was worded correctly (there was a difference between the police report and court’s indictment).
Tyler, a cruise ship passenger at the time of his arrest is charged with having two rounds of 9mm bullets in his carry-on bag.
Human Rights Senior Defense Sheena Mair begins her oral argument, having previously filed her written submissions.
Ms. Mair urged the Court to accept exceptional circumstances in this case for a lesser sentence.
She referred to the Attorney General’s reference that protect against an arbitrary and disproportionate sentence. She submitted that, “A mandatory minimum of 12 years in this case is not what Parliament intended with the firearm ordinance change in October 2022.”
“Tyler’s sentencing will not fix the gun issue in this jurisdiction,” argued Ms.Mair.
Adding that the court would not be undermining Parliament’s decision by using a holistic approach to this case, taking all that was presented into consideration as especially exceptional circumstances.
Mair dealt with the fact that Tyler’s carry-on bag, both TSA/Port Authority, missed the bullets in his flight to Miami from Virginia and him boarding the cruise. He did check his bag, but because the two bullets fell into the lining of a small pocket of the bag, it was impossible to see them.
“This is an offense of inadvertence,” as it is Tyler’s first trip outside the continental United States. He was only on the island for nine hours.
Mair then detailed Tyler’s great character, as a paramedic and volunteer EMT for underserved communities in Virginia. He had 17 character references submitted to the judge. He has no criminal record. She classified these characteristics as “mitigating circumstances,” a reason for a lesser sentence.
He does yard work for elderly homes.
Mair commented on the mandatory minimum of 12 years: “That is not required as a deterrent.”
She made several points on how the Ordinance is meant to deter offenders with criminal intent, not tourists.
“If Tyler knew the bullets were in the bag, he would have removed them immediately.”
Counsel Mair then detailed and outlined previous case authorities such as Michael Grimm and Dave O’Connor.
O’Connor had 44 rounds (received a fine) and Grimm had 20 rounds (8 months custodial sentence). In both cases, she said, the Court of Appeal defended the finding of exceptional circumstances.
Mair described the exception circumstance of health – relating to the impact Tyler’s absence has had on his 18-month-old son Everett.
“He’ll never get that time back with his son.”
Tyler’s 14 days in custody between jail at the police station and on remand at His Majesty’s Prison were also documented. Mair argued that since Tyler spent nearly a month of a custodial sentence, that time should be considered in the sentencing or act as the sentencing itself.
The Attorney General’s report on the Court of Appeal ruling does not specify how long a sentence should be. The Court of Appeals is open to a short, lesser sentence.
“However small” was repeated by Mair, highlighting that any amount of time, even a day of custody would be deemed proportionate.
“How does a 12-year sentence deter a mistake?”
General deterrence has already worked for Tyler, he has learned his lesson and paid the ultimate price, rested the Defence.
PROSECUTION BEGINS SUBMISSIONS
Principle Public Prosecutor, Mr. Clement Joseph who appeared remotely, offered three pillars in his argument: knowledge, custody, and control.
He maintained that there are no exceptional circumstances to prove that Tyler did not possess those three aspects relating the two rounds of ammo.
Joseph began by clarifying Parliament’s definition of exceptional “something that is completely out of the ordinary.”
Joseph argued that since the cases of Americans being detained have exploded in the past two months, these circumstances/mistakes cannot be unique.
“The circumstances the defendant has provided are truly not exceptional.”
Joseph blamed the State Department, the US Embassy, and even travel booking websites for not providing a more clear travel advice including the punishment for possession of ammo.
“Re-boarding a cruise to leave Turks & Caicos is not unique or exceptional. Ammo is more dangerous than a firearm. We are not bound by US laws, we cannot be bound by rules that do not apply in Turks and Caicos,” he said.
Prosecutor Joseph then made claims against the American security apparatus, saying that security efforts in TCI are more effective than those in the US.
“If the US found ammo coming back in from a foreign country, the US would be threatened. Security is paramount to the US.”
The uptick in gun murders in 2022 led to the Turks and Caicos parliament instituting the 12-year sentence in October 2022.
The dominant purpose to go from 7 to 12 years was the “deterrence of future offenders”
A “harsh and draconian punishment is proportionate.”
Mr. Joseph argued that Tyler’s guilty plea should not reduce his sentencing whatsoever.
He stated that parliament did not differentiate between ammo and a firearm in the Ordinance. The two are on equal footing in the eyes of the law, he confirmed.
He then went on to invite the Court to consider a new line of argument never advanced before in any of the other firearms cases regarding the prison ordinance. He said. Secondary legislation (Prison Conduct Regulations) cannot trump or usurp primary legislation (Firearms Ordinance), the required custodial sentence should not be impacted by lower-level rulings.
The principal public prosecutor offered that Tyler’s previous 14-day custody should be subtracted from his overall sentence and not be considered the sentence in itself as submitted by defence attorney Sheena Mair.
On that note, the Prosecution then rested its case.
DEFENSE RESPONDS
Ms. Mair in her closing submissions said Grand Turk prison rules/regulations (involving a lighter sentence for good behavior, where the detainee serves 2/3 of their sentence) are not in the judge’s jurisdiction.
She outlined that Michael Grimm received a shorter sentence due to good behavior.
These exceptional circumstances must be looked at individually and holistically, she reiterated.
It is exceptionally unique that Tyler’s case took place at a cruise port and his bag check was initiated by Royal Caribbean security.
