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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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Experience Turks and Caicos and Statistics Authority Publish Latest Visitor Exit Survey Report    

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Providenciales, Turks and Caicos Islands (June 16th, 2026) — Experience Turks and Caicos, in collaboration with the Statistics Authority, has announced the completion and publication of the latest Visitor Exit Survey Report, providing enhanced insights into visitor behaviour, spending patterns and overall travel experiences in the Turks and Caicos Islands.

The Visitor Exit Survey is a joint initiative designed to better understand the characteristics of visitors to the destination, including their travel motivations, length of stay, expenditure, satisfaction levels and perceptions of the Turks and Caicos Islands as a tourism destination.

While exit surveys have been conducted in previous years, this latest publication marks a significant enhancement in the way tourism data is collected and shared. It introduces a new quarterly reporting framework, with surveys conducted at the end of each quarter and findings published on a more frequent basis throughout the year.

This improved reporting cycle is intended to provide more timely and actionable insights to support tourism planning, policy development, marketing strategy formulation and broader industry decision-making.

“The Statistics Authority is pleased to partner with Experience Turks and Caicos on the Visitor Exit Survey program,” said Mr. Shirlen Forbes, Director. “As tourism remains the cornerstone of our economy, reliable and timely data is essential for understanding visitor behaviour, measuring tourism’s economic impact and supporting informed decision-making. We value our ongoing collaboration with Experience Turks and Caicos and believe these quarterly reports will provide stakeholders with valuable insights to help guide the future growth and development of the industry.”

Miss Sharissa Lightbourne, Marketing Intelligence Manager of Experience Turks and Caicos, noted that the expanded approach will allow government and industry stakeholders to better track trends in visitor behaviour and assess the economic contribution of tourism beyond traditional arrival statistics.

“Data is the foundation of informed decision-making and plays a critical role in shaping the future of our tourism industry. The insights contained in this report provide a deeper understanding of who our visitors are, how they experience the destination, and how they engage with our tourism product. This information is invaluable to our hotel partners, service providers, investors and other stakeholders as they refine their business strategies, enhance the visitor experience and identify new opportunities for growth. I would like to thank the Statistics Authority for its continued collaboration and commitment to strengthening tourism intelligence in the Turks and Caicos Islands. I encourage everyone in the industry to download the report and explore the valuable insights it contains,” she said.

The findings will also support more targeted destination marketing efforts, improved visitor experience initiatives and more informed investment decisions across the tourism sector.

Experience Turks and Caicos and the Statistics Authority reaffirm their commitment to strengthening tourism intelligence and ensuring that stakeholders across the industry have access to reliable, timely and relevant data.

Download the report here: https://issuu.com/myexperiencetci/docs/tci_departing_visitor_survey_report_q1_2026

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DDME LAUNCHES 2026 ATLANTIC HURRICANE SEASON WITH CHURCH VISITS

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Providenciales, Turks and Caicos Islands – Tuesday, 16 June 2026: The Department of Disaster Management and Emergencies (DDME) has officially commenced the 2026 Atlantic Hurricane Season with a series of church visits spanning the length and breadth of the Turks and Caicos Islands, underscoring the department’s commitment to reaching every community through fellowship and preparedness.

The initiative, began on Sunday, 31st May 2026, at Providence Baptist Church on the island of North Caicos. Greetings were brought on behalf of DDME by Ms. Andrea Clare, Community Preparedness Officer for North Caicos.

On Sunday, 7th June 2026, the team worshipped at Abundant Life Ministries Int’l on Providenciales. The Director for DDME, Lt Col (Ret’d) Jason Hills brought greetings on behalf of the department, while Ms. Bernadya Smith, Public Information and Media Manager administered a scripture reading.

Mt. Olivet Baptist Church in South Caicos was the team’s third visit, taking place on Sunday, 14 June 2026. Director Hills brought greetings to the congregation, a scripture reading was read by Ms. Yolande Williams, Community Preparedness Officer for South Caicos and the congregation was ministered through song by Ms. Tamara Hylton, Training and Education Manager.

While addressing the congregations, Director Hills stated, “At DDME we will do our part. We will track the storms, share the alerts and open the shelters when needed. But the truth is the first responders are right here in this room. You are the ones who take food to your neighbours, who pray when the winds rise. You are the ones who help TCI recover every time. So, this season, let us commit together. Let’s be ready for any storm. Not just in June but all season long. Not just with batteries and water but also with faith and community.”

Throughout the month of June, DDME will continue visiting churches across the islands to formally acknowledge the start of the 2026 Atlantic hurricane season and to engage residents at the community level. These services are more than a formality, they are an opportunity for our communities to come together in faith and to be reminded that preparedness is a shared responsibility that begins long before a storm appears on the horizon.

The public is warmly encouraged to attend upcoming services and DDME Initiatives to take an active role in hurricane awareness and family preparedness. Upcoming event schedule is as follows:

UPCOMING CHURCH SERVICES

Sunday, 21 June 2026 • Church of God of Prophecy, Conch Bar, Middle Caicos | 11:00 AM

Sunday, 28 June 2026 • St. Mary’s Pro-Cathedral, Grand Turk | 8:30 AM

OTHER UPCOMING HURRICANE SEASON INITIATIVES

Hurricane Preparedness Expo, Grand Turk Dillon Hall – Friday, 19 June 2026| 10:00 am – 2:00

Community Hurricane Scavenger Hunt, Providenciales – 4 July 2026 | Time: TBA

Families are reminded to review their emergency plans, assemble disaster supply kits and stay informed through official channels. For more information on hurricane preparedness and to stay up to date on upcoming events, please follow our official social media pages.

 

Instagram: ddme.tci_official

Facebook / X/ YouTube: DDME TCI

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The Cost of Unprotected Culture

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“Where are the local artists?”, This question is not simply about visibility. It’s about structure and law. And more precisely, it is about whether Turks and Caicos has fully come to terms with what it means to exist within the global framework of intellectual property while still failing to execute it locally. The absence of local artists in major developments is not an accident of taste. It is the predictable outcome of a system that recognizes rights in theory but struggles to enforce them in practice.

When culture is reduced to atmosphere, the people who produce it are reduced to suppliers as with the business license structure and how cultural creators are categorized as retail entities which further support this framework. Their work becomes interchangeable with references and motifs. Their intellectual property becomes negotiable.

At the centre of this is the Berne Convention (1886) for the Protection of Literary and Artistic Works.

Protection..But, Not Really

On paper, Turks and Caicos benefits from international copyright protections through its constitutional relationship with the UK. The Berne Convention guarantees that creators (authors, musicians, painters, photographers, sculptors, filmmakers etc). automatically own rights to their work without formal registration, that sounds modern.

But the reality is; the only operative copyright framework materially available to artists in Turks and Caicos remains the Copyright Act 1911. A law written for a different century, drafted before digital reproduction and predates the very economy that uses art as a commercial asset. So while the convention exists as an international standard, the local mechanism through which an artist must assert and defend their rights is effectively anchored in the 1911 act, while the Brene convention was revised in 1971.

Regional Contrast

Countries such as Bermuda and The Bahamas have moved beyond inherited frameworks and enacted modern copyright legislation that gives real effect to the Berne Convention within their domestic systems. They have updated copyright laws aligned with contemporary use, enacted clearer enforcement pathways, provided legal recognition of digital and commercial reproduction and have systems that better position artists within the economic structure.

In other words, they have translated the Convention from principle into practice.

The Berene Convention

The Berne Convention establishes three core principles:

  • automatic protection
  • national treatment
  • minimum standards for rights

But none of these principles enforce themselves. They require local systems to give them force, what exists is not a functioning copyright ecosystem. It is a legal inheritance.

There is:

  • no modern, locally tailored copyright regime
  • no structured licensing or royalty collection systems
  • limited institutional pathways for enforcement
  • and a heavy reliance on outdated legal provisions to address contemporary commercial use

In this context, the Convention becomes theoretical; while artists are left to operate within a system that has not caught up.

A Cultural Economy Being Built on Outdated Law

Turks and Caicos is not lacking in the arts. It is lacking in legal infrastructure that treats art as an economic asset in real time. The reliance on the 1911 Copyright Act produces a specific set of conditions:

  • reproduction rights are often misunderstood or ignored
  • commercial use of artwork in marketing exists in a grey zone until challenged
  • enforcement becomes expensive, slow, and reactive
  • artists must carry the burden of asserting rights that should already be structurally protected

So when developments ask for culture, what they are often engaging with is not a regulated market, but an unsecured one.

Tourism, Aesthetics, and Unregulated Value

The Turks and Caicos Islands sells an image of place. That image is not just beaches and water. It is culture, even if some persons may not agree, it is identity and visual language.

Arts sit inside this concept with a contradiction: culture is used to increase property value, brand identity, and global appeal. Yet the legal system governing that culture remains outdated and under-enforced. This creates an environme nt where art can be absorbed into commercial projects without clear frameworks, artists are treated as aesthetic contributors rather than rights holders and value flows outward without structured returns.

Not because the Berne Convention allows it, but because the local system fails to prevent it.

The Berne Convention assumes a baseline: that authorship will be respected. But in jurisdictions where: legal literacy is uneven, enforcement mechanisms are weak and power imbalances are significant, that assumption collapses. What remains is a gap between what the law says could be possible (by extension as a UK terittory) and what artists can realistically enforce. That gap is filled by the continued reliance on a 1911 statute to manage 21st-century commercial realities.

Artists’ Rights

The conversation cannot stop at inclusion. It must move to ownership and enforcement. If Turks and Caicos is serious and wishes to further expand its economic sectors via the creative economy; its reliance on the Copyright Act 1911 is no longer sufficient. A modern legal framework is required to address digital use, marketing reproduction, and commercial exploitation of work.

  1. Institutional Development
    Systems must exist to support licensing, rights management, and dispute resolution that are accessible to local artists.
  2. Developer Responsibility
    Cultural due diligence must become standard practice. Intellectual property cannot remain an afterthought in projects that rely on cultural branding.
  3. Repositioning the Artist
    Artists must be recognised not as optional additions, but as rights holders whose work carries enforceable economic value.

To support local culture is not to decorate with it. It is to protect it, regulate it, and ensure that those who produce it participate in the value it generates. Right now, Turks and Caicos exists in a contradiction that anchors it to a 1911 legal framework without significant revision. Until that is resolved, the system will continue to produce the same outcome and so the question is no longer just: “Where are the local artists?” but;

“What legal system has been built for artists to stand on?”

Because without that system, the Berne Convention remains what it currently is in Turks and Caicos:

A principle without power.

PHOTO CAPTION:  1 Brass Manilla, artwork from the Tears of the Trouvadore series)

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