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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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Health

Ministry of Health and Human Services Advisory on the Influenza Season

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PUBLIC ADVISORY

FROM THE MINISTRY OF HEALTH

AND HUMAN SERVICES

 

 

Turks and Caicos – The Ministry of Health and Human Services wishes to remind the public to be vigilant during this influenza season. Seasonal flu outbreaks can happen as early as September, however, most of the flu activity often peaks between December and February.  This is also the most favourable season for other respiratory infectious diseases including COVID19.

Worldwide, respiratory illnesses such as flu and COVID19 result in an estimated 3 to 5 million cases of severe illness and about 290,000 to 650,000 respiratory deaths, particularly among high-risk groups including the very young, the elderly, pregnant women, health workers and those with serious medical conditions. Influenza (flu) and COVID19 are caused by contagious viruses resulting in respiratory illnesses with the following signs and symptoms:

  • Fever
  • Cough
  • Sore throat
  • Runny or stuffy nose
  • Muscle and joint pain
  • Headache
  • Loss of taste
  • Loss of smell

The Ministry of Health and Human Services is committed to keeping the Turks and Caicos Islands population healthy, and persons are advised to visit the Primary Health Care clinics within their respective communities to receive the influenza and the COVID19 vaccine which are offered free of charge.

The COVID19 vaccine is bivalent which offers protection from the original strain of the SARS-CoV2 and the Omicron variant. It also triggers a response to newer subvariants of the omicron variant.  The bivalent vaccine is available for those over the age of 18 years as a booster. Those aged 16 and 17 years can receive the Pfizer vaccine as the booster.  Boosters are needed to boost immunity if persons have received the vaccine more than 3 months previously as immunity is known to wane with time.

In addition to having the vaccines, the Ministry of Health and Human Services would like to recommend the following health tips which can help to prevent the spread of the infection:

  • Cover your mouth and nose with a tissue when you cough or sneeze.
  • Put your used tissue in the waste basket.
  • If you don’t have a tissue, cough or sneeze into the upper sleeve or elbow, not your hands.
  • Wash your hands frequently with soap and water for 20 seconds or long enough to sing the birthday song twice.
  • If soap and water are not available, use an alcohol-based hand rub.
  • Avoid touching your eyes, nose, or mouth (germs are often spread when a person touches something that is contaminated with germs and then touches his or her eyes, nose, or mouth).
  • Avoid close contact with people who are sick. When you are sick, keep your distance from others to protect them from getting sick too, particularly those who are in the vulnerable group.
  • If you or your child is sick with the flu or flu-like symptoms, stay home from work, school and daycare.  You will help prevent spreading your illness to others.
  • Clean and disinfect frequently touched surfaces at home, work, or school, especially when someone is ill.
  • Get plenty of rest, drink plenty of fluids, eat nutritious foods, manage your stress and be physically active.
  • Everyday preventive actions can help slow the spread of germs that can cause many different illnesses and may offer some protection against the flu.

The best way to prevent the flu is by getting vaccinated each year. Get your Flu shot today!!!

For more information, contact your health care provider or the Health Promotion and Advocacy Unit on 338-2772 or 338-4942.  For information on the vaccine contact the Primary Health Care Department on 338-5469. Please visit the Ministry of Health’s Facebook page at https://www.facebook.com/tciministryofhealth/.

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From Adversity to Achievement: The Transformative Journey of a Grand Turk Entrepreneur

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Turks and Caicos, December 9, 2024 – What defines a person’s legacy: their struggles, their triumphs, or the impact they leave on others? For one Grand Turk native, Clyde Holiday, better known as “Crab”, the answer lies in an unwavering commitment to perseverance, faith, and community.

Born to an American Air Force father and a Turks Islander mother, this fearless son of the soil grew up in a small island community. From a young age, he embraced challenges, first as a motorcyclist and later as a skilled operator of heavy equipment and a businessman.

A passion for machinery and mechanics led him to Florida, where he perfected his craft and also worked in the restaurant industry. He later earned a certification as a marine mechanic. His entrepreneurial spirit, however, was not without hurdles.

Like many self-starters, he encountered failures in his early ventures. Yet, he refused to let setbacks define him. His first business venture came with a partnership chance with a Bahamian businessman in the meat industry which was a major breakthrough.

It proved that opportunity often arrives disguised as hard work, but success was fleeting. Entangled with the wrong crowd, he succumbed to addiction—a devastating chapter that brought legal troubles and shattered dreams.

What followed was a journey of redemption. While incarcerated, he experienced a moment of spiritual reckoning, drawing strength from his faith and a Bible verse that stayed with him: “God gave men dominion over all things, but only He can change a man.”

Rejecting despair, he leaned into his community, church, and family, finding support in his first wife and guidance from local leaders. Emerging from this crucible, he rebuilt his life, uniting his faith and entrepreneurial drive.

His turning point came in the aftermath of Hurricane Ike, when the storm devastated Turks and Caicos, leaving the government financially crippled.

This was his opportunity to step up and as a heavy equipment operator, he worked for years under an IOU agreement, repairing infrastructure and helping his country rebuild.

His sacrifices eventually paid off, enabling him to invest in a thriving grocery business and apartments.

What others viewed as disaster, he transformed into opportunity—a lesson in resilience for a nation still grappling with systemic challenges.

Today, he oversees seven businesses, embodying the potential of self-made success. Yet his greatest pride lies not in personal wealth but in community impact.

A staunch advocate for youth empowerment at an earlier age.

He calls for targeted education programs in schools to nurture trade skills, because not everyone is college bound. He also calls for unionization of suppliers to lower costs of goods, and reforms to strengthen economic self-sufficiency.

His philosophy challenges politicians and citizens alike to rethink their roles in how they can help shape the country’s future.

For skeptics, his story raises difficult questions about the role of personal responsibility versus systemic reform. Is it enough to inspire individuals, or must societies provide the structures to support their potential? His life suggests both are necessary. By turning personal struggles into public contributions, he exemplifies how individual resilience can intersect with collective progress.

When asked how he wishes to be remembered, his response is as inspiring as his journey: “For my love, charity, and care for the people of this great country.”

His life serves as a testament to the power of perseverance, faith, and a vision that extends beyond self-interest—a legacy that challenges us all to think bigger.

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Employment Services Department Introduces Online Work Permit Portal

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Providenciales, Turks and Caicos Islands: The Employment Services Department is happy to announce the opening of our Online Work Permit Portal, effective 13th January 2025. This new system will make the work permit application procedure more efficient and straightforward.

Both will be able to access the portal:

• Corporate Applicants: Businesses or groups submitting applications on behalf of their staff members.

• General Applicants: People who apply for work permits directly.

A link to the portal APS Login and a demo video Application Processing System 18.Nov.2024.wmv with step-by-step instructions https://borderforceapps.gov.tc/download/guide.pdf is provided to ensure a smooth transition and ease of use. These resources will guide users through the registration process and demonstrate how to navigate and use the portal effectively.

This initiative is part of our commitment to improving efficiency, reducing processing times, and enhancing accessibility for all applicants.

We encourage all stakeholders to familiarise themselves with the portal before its launch. Training resources and detailed instructions are available to ensure a smooth transition.

For more information or assistance, please get in touch with the Employment Services Department at:

  • Phone: 338-5639/4115

The Department appreciates your cooperation as we transition to this innovative platform to serve you better.

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