TCI News
American MICHAEL LEE EVANS sentencing June 19, Prosecutor sides with Defence on Prison Time
Wilkie Arthur
Eagle Legal News Media
#TurksandCaicos, June 4, 2024 – Mr. Oliver Smith KC told her Ladyship The Hon. Ms. Tanya Lobban Jackson said that “to sentence his 72 year old terminally ill client to prison, would be passing a death sentence on him.”
Last week on Tuesday May 29th in the Supreme Court before her Ladyship The Hon Ms. Tanya Lobban Jackson, in the criminal case against the oldest American that is charged before the court for ammunition possession in the Turks and Caicos, came up for sentencing submissions.
MICHAL LEE EVANS of Texas is one of three Americans awaiting sentencing in the controversial cases, which have spawned numerous headlines.
Attorney Smith did not pull any punches and during his argument landed some serious blows when bringing to light the facts of the matter in the case of his client who was a very ill man.
Smith argued that under no circumstances should EVANS be sent to prison for the seven rounds of 9mm ammunition found in his
luggage as he departed Turks and Caicos Howard Hamilton Providenciales International Airport on December 12th last year.
The court learned that in this particular case, the Prosecution, being the proper ministers of justice they are, did express and agree that this is a case of ‘exceptional circumstances.’
Ms. Roseanne Richardson, senior public prosecutor speaking on behalf of the office of the Director of Public Prosecution told her Ladyship that they are in full agreement with everything that KC Smith submitted on behalf of his client, however, they took exception to one point. That is, they do not agree and believe the Court has the power to suspend a sentence where the mandatory minimum is beyond two years imprisonment.
Senior Public Prosecutor Richardson informed that her submissions were, regardless of the finding of exceptional circumstances, the court cannot suspend the custodial sentence in cases where the mandatory minimum is beyond two years.
KC Smith strongly disagreed, but he wasn’t able to carry the Court to any law in support of his disagreement nor was he able to convince or persuade the learned Judge Lobban-Jackson that she was acting correctly by suspending sentences after finding exceptional circumstances and intends to sentence to two years or less.
However, having heard both sides and given the fact there was only one specific area that was in dispute “re: suspending of the sentences” the Court invited counsel for the prosecution to go with her to paragraph 126 of the Attorney General’s Reference handed down in February of this year and the judge expressed, it was in that section or paragraph where she is duly empowered to hand down suspended sentences where the Court finds exceptional circumstances and intends to sentence to two years and/or less than two years imprisonment.
The revelation left Roseanne Richardson with limited words following the evidenced validation by her Ladyship. The DPP’s Office rested on the point with, “I see my lady, and I am guided by the court.”
The matter is now adjourned to June 19 for the actual sentencing of accused, MICHAEL LEE EVANS of the United States.
It was not expressed at the close of the hearing if the defendant had to return from America on the 19th for his sentencing in person, though it was clearly laid out at his bail hearing that it was expected that Evans would have to attend sentencing in person.
At the May 29th proceeding, Evans, who was granted bail in December 2023 due to the fragile state of his health, attended court by video link.
#TurksandCaicos, June 25, 2024 – The Department of Social Development and Welfare conducted several recruitment drives across the Turks and Caicos Islands, engaging stakeholders, potential foster carers, and advocates to highlight the urgent need for
foster carers. These events raised awareness of the importance of foster care, highlighting the role it plays in providing safe and nurturing environments for children in need and emphasising the overall impact it has on the lives of these children.
The Department of Social Development and Welfare is issuing a heartfelt call to the community to continue to support its foster care recruitment initiative, as the demand for loving, stable foster homes has never been greater. The department urges compassionate individuals and families to consider opening their hearts and homes to children in need.
The Turks and Caicos Islands can pave the path for a brighter future by forging a stronger, more supportive community for children in need.
The Department of Social Development and Welfare is calling the public to come together and support this vital cause by:
- Spreading the Word: Help the Department of Social Development and Welfare reach a wider audience by sharing information about foster care with friends, family, and community groups.
- Volunteer: There are many ways to support foster children and foster families through volunteer efforts.
- Donate: Financial contributions can help provide essential resources and support services for foster children and families.
Providenciales, Turks and Caicos Islands – Tuesday, 25 June 2024: The Electoral Boundaries Commission has released a report that provides crucial insights into the voter population in the electoral districts across the Turks and Caicos Islands.
The commission, in its commitment to democratic processes, earnestly invites the public to participate actively by submitting their valuable comments on our draft report before 12 p.m. Friday, 5 July 2024.
Section 60 states: “60. For the purpose of the discharge of its functions, a Commission—
(a) may invite views from members of the public;
(b) shall consult the public about a draft of its report; and
(c) may seek such advice as it considers appropriate.
The Electoral Boundaries Commission has completed the draft report and, as per Section 60 (6), seeks to send it to the public for
consultation.
The Commission’s activities and responsibilities are set out in Section 61 of the Constitution, which provides:
- (1) A Commission shall, as soon as practicable after its appointment, review the Boundaries of the electoral districts into which the Islands are divided; and submit to the Governor and the House of Assembly a report either—
(a) stating that, in the opinion of the Commission, no change in those boundaries is required; or
(b) recommending the changes in those boundaries specified in the report.
(2) In determining its recommendations under subsection (1) (b), and in determining whether or not to recommend any changes in the electoral district boundaries, a Commission shall ensure that the electoral districts contain, so far as is reasonably practicable, approximately equal numbers of persons qualified to be registered as electors.
Summary of the Report
As a first simplistic estimation, the total voter population of 9381 was divided by ten, representing the ten electoral districts. That resulted in the target quota of 938 voters (“target quota”) for each electoral district.
The overall trend saw increased voter population data in Providenciales and Grand Turk, with a minimum population increase in South Caicos, North and Middle Caicos. The increase in voter population in Providenciales is noted in all districts.
Because of the disproportionate growth of voters in these areas the Commission is of the opinion that a more equal distribution can only be achieved by significant adjustments of the boundaries and these can only be effected in certain contiguous districts. However, the technical professionals in the Crown Land and Surveying Departments have advised the Commission of the danger of arbitrarily adjusting the boundaries, as the maps do indicate where few electors may live in a large geographic area, while smaller areas may contain large numbers of electors. The Commission understands that this can only be obtained through a RE-REGISTRATION process, in which all voters will re-register.
The Commission, therefore, agreed that, except for Grand Turk, all electoral boundaries in Providenciales should remain the same until information is available to determine the number of electors on the ground.
Therefore, the Commission will visit all islands in the Turks and Caicos Islands during the week of July 8th to 12th, 2024, to consult the public on the report’s findings.
All submissions must be sent via email to williamsjuliae@gmail.com
https://drive.google.com/file/d/12kVorjoivMhD9aqPKoaYY0_zvsLYUmdz/view?usp=sharing
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