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
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.