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CUT THROAT Bail Arguments in Integrity Commission CORRUPTION cases of John Smith, Kenneth Abrams and Alonzo Malcolm

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Wilkie Arthur

Eagle Legal News

 

#TurksandCaicos, July 5, 2024 – On Tuesday July 2, 2024 JOHN THEODORE SMITH, 63, the first named defendant represented by Mrs. Lara Maroof Misick of Maroof Law firm; KENNETH MARK ABRAMS, 58 the second named defendant represented by Mr Oliver Smith K.C of Baycourt Law firm and ALONZO MALCOLM, 54, the third named defendant, represented by Mr. Khamaal Collymore of Stanbrook Prudhoe Caribbean appeared in the Magistrate’s Court on Old Airport Road, Providenciales after being charged with offenses of Conspiracy, Misconduct in public office and Corruption.

Mr. Oliver Smith, KC being the most senior attorney saw his client, Kenneth Mark Abraham, originally from Guyana arraigned first before Chief Magistrate Mr Jolyon Hatmin.  Abrams is facing five very serious offences linked to his time as an executive member of the Turks and Caicos Islands Airports Authority.

John Theodore Smith, a Turks Islander out of Grand Turk, has the majority of charges; 10 alleged counts of corruption during his tenure as CEO of the Airports Authority.

Another native of Grand Turk, Alonzo Malcolm faces only has one charge, and it is connected to a well-known, alleged criminal Edward Bronson, who has faced the courts on similar type serious financial offenses in the United States of America (USA). It is believed that Bronson is serving time in a US prison.  Bronson, though also facing charges in the Turks and Caicos in this corruption matter, was not present for the arraignment.

JOHN T. SMITH

The Hon Chief Magistrate asked for Bronson and was informed by Ms. Enjaleek Dickerson, Public Prosecutor that: “He’s overseas your honor.”

Nothing further was said or mentioned about that defendant.

BAIL ARGUMENT FOR JOHN T. SMITH

Lara Maroof-Misick told the court that prior to the hearing on July 2, the prosecution has agreed to a bail of $200,000.00 with surety for her client, John Theodore Smith, because he no longer resides in the islands, but lives in Orlando, Florida.  It was offered that he must notify the TCI authorities when traveling, as he travels frequently.

Mrs. Dickerson agreed to this bail condition offer but attempted to go further by placing conditions on Smith’s fixed address or residency abroad.  It was met with Maroof-Misick questioning the Court and the public prosecutor about ‘how can one monitor or supervise an address overseas?’

Ms. Dickerson said “we would like his specific address overseas.”

The Chief Magistrate read the home address of John Smith as recorded on the charges.

Maroof-Misick then said, “his address has been provided your honor, I don’t think she means he has to sleep at that provided address every single night, if he doesn’t wish to. That’s the reason we agreed to such substantial bail, so he could be given his passport and move back to the US where he lives.”

Senior defense counsel Lara Maroof-Misick repeated, there’s no way we could monitor or supervise his residency from here so that cannot be a bail condition.

KENNETH MARK ABRAMS

The court agreed.

KENNETH MARK ABRAMS BAIL ARGUMENTS

Up next was KENNETH MARK ABRAMS whose attorney, Oliver Smith told the court he would ask for $50,000.00 bail for his client and that a mere email be sent when his client wanted to travel.

He said, it’s too burdensome to have to apply and reappear in court each and every time for permission to travel when it could be just an email to the relevant authorities and the court.

The Chief Magistrate agreed to the way of email correspondences for ABRAM’S passport to be released to him when he needs to travel. The Chief Magistrate then invited the Public Prosecutor, Ms. Dickerson to address him on the $50,000.00 bail proposal.

Ms. Dickerson said “no, that’s far too low, it should be no less than $100,000.00.”

Her counter offer was followed by the explanation that 50k does not match the figure on the charges against him.  She said $50K cannot compare to the gravity of the offences against him. She expanded on the seriousness of the allegations and stuck strongly to her submission that the bail should not go below $100k.

Smith, KC, even before Public Prosecutor was complete her submission, interjected and was up on his feet ready with a rebuttal calling the prosecutor’s bail offer and reasoning, “nonsense.”

The Chief Magistrate on more than one occasion had to stop his interruptions of Ms. Dickerson, cautioning him to allow the prosecutor to “finish.”

The KC argued, there is no mandatory minimum on bail amounts. He said, the court cannot grant bail based on the amounts listed or mentioned in the charges, “it doesn’t work like that.”

He moved into what could only be described as cut throat arguments, comparing the amount of charges against John Smith to his client, pointing out that Smith would be leaving the country and so his bail application is set much higher at $200k.

Abrams on the other hand is facing half the charges, with five corruption counts and he is resident within the Turks and Caicos.

ALONZO MALCOLM

The court then fixed the bail at $75,000.00 for KENNETH ABRAMS.

ALONZO MALCOLM BAIL ARGUMENTS

Building on the comparisons drawn by attorney Oliver Smith, defence counsel for ALONZO MALCOLM, Mr. Khamaal Collymore laid out a bail argument which was cutting both co-defendants’ throats.

He compared his client’s sole count to the five and the ten counts of alleged crime against ABRAMS and SMITH respectively.

Collymore said his client should be far less than all, as he only has one charge and proposed that his client not be made to surrender his travel documents as his client may be scheduled to travel for surgery.

The lawyer for Malcolm offered that his client could notify the court of dates for travel, but it is critical that his client have his passport in order to be able to leave once called upon for the medical travel.

Ms. Dickerson disagreed and so did the Chief Magistrate.

Bail for MALCOLM was set at $50k and his passport would have to be requested, by email, when a date for travel is determined.

All three matters – which were brought following investigations by the TCI Integrity Commission – are now adjourned to an October 4th, sufficiency hearing.

It is expected that three others will be charged in relation to this investigation, named in court were:. #1. ROBERT KOENIG #2. CARLTON HIGGS  and #3. EDWARD BRONSON.

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Starlink Gets 15-Year TCI Licence; Commission Reveals Fees, Future Flow and Digicel Partnerships

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Deandrea Hamilton | Editor

 

PROVIDENCIALES, TURKS AND CAICOS ISLANDS — Starlink has been granted a 15-year telecommunications licence in the Turks and Caicos Islands, with the satellite internet provider required to pay an initial licensing fee of approximately $112,600, followed by annual payments tied to revenues and spectrum use.

The details were provided directly to Magnetic Media by Kenva Williams, Director General of the TCI Telecommunications Commission, following the August 27 formal licensing ceremony.

Williams said Starlink will pay seven per cent of gross annual revenues for its network licence, a $23,600 annual spectrum fee, and a further 1.8 per cent of annual gross revenues as a regulatory fee. The licence carries conditions and runs for the same 15-year period afforded other service providers.

The Telecommunications Fee Structure Regulation was also amended to create a category for satellite services.

For consumers, Williams confirmed that Starlink operates independently of Flow and Digicel, meaning residents do not require either provider to access its regular satellite internet service. He also confirmed that areas shown in blue on Starlink’s availability map indicate that service is available.

However, the relationship changes with Direct to Cellular (D2C) technology.

“For Direct to Cellular services, they will partner with Flow and Digicel,” Williams told Magnetic Media.

The Director General described Starlink as a complement to terrestrial telecommunications, capable of facilitating internet access in locations and circumstances where conventional infrastructure has been difficult or impossible to deploy.

That need helped drive a licensing process Williams said took two years.

Speaking at the ceremony, he explained that the Commission found no Caribbean regulatory framework it could simply replicate and therefore undertook consultation with existing operators, satellite providers, stakeholders and the public.

Williams said a Commission survey found 80 percent of respondents wanted Starlink, but acknowledged concerns from existing operators about the impact of a global satellite provider entering the TCI market.

“We’re going to ensure that policies are in place to keep the terrestrial services alive,” Williams said, stressing that Flow and Digicel maintain critical physical and mobile infrastructure. He also urged government not to abandon plans for a national fibre network, describing it as “a must.”

For Starlink, however, the licence represents more than commercial entry into another market.

Rebecca Hunter, Director of Market Access for Starlink, described August 27 as “day one of our relationship with the Turks and Caicos Islands,” promising that the company intends to become a long-term community partner.

“We look forward to contributing in the proper ways, following all the rules and requirements… and we look forward to giving back to the community,” Hunter said.

She identified resilience, government continuity, maritime services, disaster management, healthcare and education among areas where Starlink believes its technology can contribute.

“However we can contribute, we want to be part of your story,” Hunter told the gathering.

The entry is particularly significant for an archipelago where smaller and sparsely populated islands have historically presented challenges for traditional telecommunications infrastructure.

For the Commission, Starlink therefore adds another layer of connectivity rather than replacing existing networks — expanding consumer choice today while creating future opportunities for satellite-to-mobile connectivity through TCI’s established operators.

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Flow Strengthens Network Leadership in TCI

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Turks and Caicos Islands – Leading telecoms provider Flow TCI has announced enhancements to both its fixed and mobile networks, delivering faster speeds, expanded coverage and greater capacity for customers across the country.

The latest improvements include the activation of a new mobile site in Long Bay, enhanced broadband speeds for residential customers, and independent recognition from Ookla for the performance of the company’s fixed network.

“Together, these developments reflect our continued focus on building the digital infrastructure needed to support the evolving needs of households, businesses and the wider economy,” said Joanne Missick, Country Manager, Flow Turks and Caicos Islands.

“Our continued network enhancements are focused on delivering a better experience for our customers while ensuring that the Turks and Caicos Islands has the digital infrastructure needed to support economic growth, innovation and opportunity.”

The newly activated mobile site in Long Bay delivers improved coverage, increased network capacity and faster mobile connectivity to one of the fastest-growing communities in the Turks and Caicos Islands. Further mobile network expansion is planned through late 2026 and into 2027, strengthening Flow’s ability to meet growing demand and ensuring more communities can benefit from high-quality connectivity.

Flow has also enhanced the experience for its residential broadband customers. Effective August 1, eligible customers received significant upgrades, with internet speeds on selected plans doubled or tripled. Some customers also benefited from a reduction in their monthly bill.

The strength of Flow’s fixed network has also received independent international recognition. Flow Turks and Caicos Islands was awarded the Ookla Speedtest Award for Fastest Fixed Network in the Turks and Caicos Islands, based on data from Speedtest Intelligence.

The award provides independent validation of Flow’s network performance and gives customers tangible assurance that the network they rely on for work, entertainment, education and everyday life delivers leading speeds.

“Reliable, high-performing connectivity is no longer simply a convenience. It is fundamental infrastructure for modern life and for national development,” added Missick.

“The recognition from Ookla is particularly meaningful because it independently validates the performance of our fixed network. For our customers, it reinforces what these investments and enhancements are designed to deliver: faster, stronger and more dependable connectivity for the things that matter most in their lives and businesses.”

These network developments form the foundation of Flow’s new nationwide campaign, ‘This Is TCI’s Network’, which highlights the company’s long-term commitment to the Turks and Caicos Islands and its role in connecting communities and supporting the country’s continued development.

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Government Restates Commitment to TCI’s Telecommunications Evolution

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Deandrea Hamilton | Editor

PROVIDENCIALES, TURKS AND CAICOS ISLANDS — The Turks and Caicos Islands Government is embracing satellite technology while reaffirming that neither Flow and Digicel nor plans for national fibre-optic infrastructure will be abandoned as the country enters a new era of telecommunications.

The position was underscored during the August 27 licensing of Starlink Caribbean LLC, completing a process that Kenva Williams, Director General of the TCI Telecommunications Commission, said took two years.

Minister responsible for Telecommunications Shaun Malcolm stressed that Starlink is intended to complement the telecommunications infrastructure already built across the islands, with Government remaining committed to supporting existing providers as technology evolves.

That commitment was echoed emphatically by Williams, who acknowledged concerns among the country’s established telecommunications companies about the arrival of the global satellite provider.

“The stakeholders are concerned, of course — Flow and Digicel — but I would say, as a regulator, you’re not going to fail, not on our watch. We’re going to ensure that policies are in place to keep the terrestrial services alive,” Williams said.

He explained that the established providers remain essential because of the infrastructure and mobile networks they operate.

“They are the ones who have infrastructure. They are the ones who provide the mobile services. We have to implement policies to ensure that they are well and alive while Starlink is here.”

Starlink’s entry was also strongly supported by consumers. Williams revealed that during consultation, 80 per cent of respondents indicated they wanted the satellite internet service.

The Commission nevertheless spent two years establishing an appropriate regulatory framework, consulting existing operators and stakeholders and addressing licensing, spectrum and competitive concerns before approving Starlink.

Government is also maintaining its longer-term ambition of a national fibre network, despite the considerable expense involved. Williams used the licensing ceremony to publicly urge Government to continue pursuing the project.

“Please do not lose the dream of the national fibre. That is needed. It is a must,” he said, with Malcolm reaffirming Government’s commitment to the development.

The approach positions satellite, terrestrial and fibre technologies as complementary pieces of TCI’s future telecommunications network rather than competitors from which only one can survive.

Starlink offers an immediate advantage for the country’s geography, particularly sparsely populated islands where laying extensive terrestrial infrastructure can be difficult and expensive. TCI now joins more than 20 Caribbean countries and territories where Starlink is available, expanding broadband options for homes and businesses.

The service also provides another layer of communications resilience during hurricanes and other emergencies when conventional infrastructure may be damaged or inaccessible.

Starlink will operate independently from Flow and Digicel for its regular satellite internet service, although future Direct to Cellular services will involve partnerships with the two mobile providers, according to Williams.

One significant difference will remain between the new entrant and TCI’s established telecommunications companies: Starlink will not maintain a physical office in the Turks and Caicos Islands. Williams confirmed that its operations and customer interactions will instead be conducted online.

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