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American MICHAEL LEE EVANS sentencing June 19, Prosecutor sides with Defence on Prison Time

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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.

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Beaches Turks & Caicos shares dining etiquette training at Provo youth summer camp  

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PROVIDENCIALES, Turks & Caicos Islands: — Beaches Turks and Caicos Resort recently collaborated with the Royal Turks and Caicos Islands Police Force and the Department of Social Services to support a youth camp hosted at the Oseta Jolly Primary School, underscoring the resort’s ongoing commitment to youth development in the Turks and Caicos Islands.

The camp, which brought together security forces, government agencies and private sector entities, focused on equipping young participants with practical life skills and character-building tools. A team from Beaches Turks and Caicos’ leadership and training departments joined the programme to deliver sessions on basic table etiquette, dining mannerisms, polite demeanour and public speaking fundamentals, all designed to help the students present themselves confidently in formal and professional settings.

General Manager of Beaches Turks and Caicos, Deryk Meany, said the resort views national development as an integral part of its corporate social responsibility. “We are always happy to be supporters in the development of the youth of the Turks and Caicos Islands. We continue to commit our team to help in creating the next generation of leaders who will provide support to the islands and help in its development,” Meany noted.

The initiative also received strong endorsement from the Ministry of Education, Youth, Sports and Community Development, which has been championing holistic programmes aimed at building well-rounded young citizens. Minister Rachel Taylor highlighted the importance of collaborations like the camp in helping youth access structured guidance and mentorship. “We are happy to join in celebrating the growth and development of our youth here in the Turks and Caicos Islands. Beaches Turks and Caicos continues to be one of our primary supporters in helping to develop well rounded individuals. This commitment from this resort has grown with the vision of the youth ministry to help in their overall development,” she said.

Taylor further emphasized that the camp’s timing was especially significant, coming as youth across the islands seek positive outlets and constructive engagement. “This camp came at the most ideal time for our adolescents. With the support of our governor, the security forces, the social services along with Beaches Turks and Caicos, we are confident that the training needed for them to improve is on the right track,” she added.

Beaches Turks and Caicos Public Relations Manager, Orville Morgan, described the collaboration as an exemplary model of cross-sector partnership. “To be able to join with the security forces to provide support for the youth of the Turks and Caicos Islands is exceptional. We are happy to provide the necessary support to equip them to grow into being productive citizens of these islands,” Morgan said.

He noted that the resort team focused on practical etiquette and hospitality-driven skills that can be carried into the youths’ future experiences. “As a team, we were able to share in the basic table setting and dining etiquette for them, skills we are sure that they will be able to use in their next fine dining experience,” Morgan added.

Organizers expressed optimism that the camp’s blend of discipline, mentorship and soft skills training will have a lasting impact on participants. With stakeholders pledging continued support, the Beaches Turks and Caicos team and their partners aim to expand similar initiatives, further investing in the personal and professional growth of the next generation of Turks and Caicos Islanders.

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ELECTRICITY BILL SHOCKER: PELICAN ENERGY WARNED GOV’T

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TCIG knew from April that fuel factor could surge almost 80%; Minister says $500 cost-of-living payment was part of Government’s response

PROVIDENCIALES — The Turks and Caicos Government knew months before July’s shocking electricity bills that consumers faced a potentially massive increase in the fuel factor.

Minister of Information Technology and Energy E. Jay Saunders revealed Friday that Pelican Energy warned his Ministry in April that generation fuel costs were projected to rise from $3.09 per gallon in May to $4.79 in June and July.

That translated into a projected fuel factor jump from about 17.5 cents to 31 cents per kilowatt-hour — an increase of almost 80%.

Saunders said he personally advised Cabinet of the projected increase and presented options for cushioning the impact.

He characterised Government’s $500 cost-of-living payment as its “initial response” to rising fuel costs, before a separate fuel-factor subsidy was approved.

Cabinet records show Government agreed on June 24 to provide funding to mitigate the fuel-factor impact, with the relief programme approved July 8.

Eligible residential customers — those averaging less than $1,500 monthly over the previous three bills — are capped at 22 cents per kWh from July through October.

Pelican confirmed Friday that Government’s contribution was already applied to July bills, meaning the bills now triggering widespread public outrage would have been even higher without the subsidy.

Saunders did not disclose the programme’s total cost.

His admission that Government knew since April, however, raises another question amid the backlash: why were consumers not directly warned by Government about the scale of the approaching increase?

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Cabinet Decides to Slow Down Commercial Crown Land Grants

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PROVIDENCIALES — New commercial Crown Land applications are facing a six-month pause as the Turks and Caicos Islands Government takes inventory of its holdings.

During Cabinet meetings held July 15 and 16, an immediate six-month moratorium was approved on the acceptance, processing and approval of new applications for commercial Crown Land grants, leases and allocations.

The pause will remain in place pending completion of the Crown Land Inventory Review. Cabinet’s summary did not state what prompted the review or indicate whether availability of commercial Crown Land is a concern.

The two-day meeting also advanced major consumer legislation. Cabinet approved the National Fair Competition Policy 2026 and drafting instructions for a Fair Competition Ordinance, moving TCI toward stronger consumer protection and fair competition rules.

In Grand Turk, Cabinet approved rezoning land in the North West Suburbs from low-density to medium-density residential use to facilitate a new apartment development.

Cabinet also advanced fisheries reforms, water legislation allowing private and public-private investment, minerals legislation and appointments across tourism, health and finance.

Progress toward establishing a TCI Credit Union was also noted.

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