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.

Will take on case of Michael Misick, McAllister Hanchell & Chalmers Misick

On 27 June 2024, Her Excellency, the Governor, appointed Justice Rajendra Narine as an Ad Hoc Judge of the Supreme Court for a period of 2 (two) years from 8 July 2024, to undertake the joint trial of: Rex v. Michael Misick CR18/14; Rex v. McAllister Hanchell CR 36/12; Rex v. Thomas Chalmers Misick CR 35/12 referred to collectively as: The Special Investigation and Prosecution Team (SIPT) Trial (A).

Justice Narine takes up the post having retired from the Court of Appeal of Barbados in April 2024, where he served as a Justice of Appeal from 2019 until 2024. Shortly after his appointment as a Justice of Appeal, Justice Narine held the post of Acting Chief Justice of Barbados for two months from September to October 2020.

Before joining the Judiciary of Barbados, Justice Narine sat as a Judge of the High Court from April 1997 until September 2009, and then as a Justice of Appeal from September 2009 until April 2019 in Trinidad and Tobago.

Justice Narine was educated at the University of The West Indies, (1973-1974 Mona, Jamaica)

(1974-1976 St. Augustine) where he earned a Bachelor of Arts in Economics and Spanish.

Between 1980 and 1982 Justice Narine entered the University of the West Indies, Cave Hill,

Barbados where be obtained an LLB (Hons) Degree and went on to the Hugh Wooding Law School, St. Augustine, Trinidad & Tobago where in 1984 he was awarded his Legal Education Certificate.

Justice Narine worked as an Attorney at Law from 1984 until 1997 at Alvin Fitzpatrick’s Chambers, 33 St. Vincent Street, Port-of-Spain, Trinidad &Tobago, before he was elevated to the Bench in 1997.

The Judiciary of the Turks and Caicos Islands welcomes Justice Narine to the position of Ad Hoc Supreme Court Judge for the SIPT Trial.

Justice Narine will be sworn into office in due course.

Wilkie Arthur

Eagle Legal News

#TurksandCaicos, July 3, 2024 – Family, friends and loved ones of HOMICIDE VICTIMS in the Turks and Caicos, in particular those in Providenciales are hopeful and Eagle Legal News Media informs that not all hope is lost as some seek justice for beloved deceased family members, friends or loved ones.

Ms. Mickia Mills, the Honourable coroner of the Turks and Caicos Islands has been hearing as many as 26 homicide cases to ascertain the status of the investigation by the Serious Crimes Unit of the TCI Police Force.

Eagle Legal News Media was present in the Coroner’s court when the commencement of some of the deceased names’ were called, and Senior Police Supervisor of the Serious Crimes Unit detective Charles was questioned by her honor the Coroner Ms MICKIA MILLS as to the status of these investigations.

While this reporter was present in court, all of the cases called, provisional cause of death for each person were labeled as HOMICIDE by the Pathologist who performed an autopsy on the body of each person separately at various different times and dates. The majority caused of these HOMICIDES were by multiple gunshot wounds about the bodies.

Coronial matters called on Thursday 27th June 2024, were: (1) ERVIN KENRICK GLINTON – HOMICIDE; (2) JERON MERVEILLE – HOMICIDE; (3) EDRIN EMILE SIFFRARD – HOMICIDE; (4) KARO OUTTEN – HOMICIDE; (5) EROD CHAUTE – HOMICIDE; (6) TENSE SAINT LOUIS – HOMICIDE; (7) DESMOND DONAHUE ARTHUR – HOMICIDE; (8) DAVID LEON MCINTOSH – HOMICIDE; (9) WOODY ROUSSEAUX – HOMICIDE; (10) DERRICK LENDELL MISSICK – HOMICIDE; (11) GUILENE JEAN BAPTISTE – HOMICIDE; (12) ELUMA DESHOMMES – HOMICIDE; (13) MIKE FORBES – HOMICIDE and (14) JUMILLO ISMA – HOMICIDE

Coronial matters, to be called on Friday 28th June 2024: (1) GETHRO PIERREVIL – HOMICIDE; (2) JOHN DOE #5 (SUSPECTED MISSING) – HOMICIDE; (3) PAULANJO GARDINER – HOMICIDE; (4) RICARDO LOFTON ROBINSON – HOMICIDE; (5) BRIAN LEON WILLIAMS JR. – HOMICIDE; (6) RODNEY DORVIL – HOMICIDE; (7) JOHN DOE #3 – HOMICIDE; (8) RASCARI COX – HOMICIDE; (9) MIGUEL PIERRE – HOMICIDE; (10) CORDARO TIMOTHY FIDEL SEYMOUR – HOMICIDE; (11) STEWART HARRIS – HOMICIDE and (12) TAMIA IKEA DEASHA SIMMONS – HOMICIDE.

For the most part, the majority of the homicide matters called, when D/Sgt. CHARLES were questioned by the Hon. Coroner as to the status of these investigations, he said, “they are still ongoing.”

The Hon. Coroner then postponed her investigative inquest proceedings to allow Police to further investigate each live ongoing matter. Some may wonder why they have not seen their family, friend, or loved one name on this above list, do not lose heart, as their names could possibly make a future listing as these homicide coronial matters continue.

We extend our condolences to all those who suffered lost on the above list, and acknowledge and reflect that June is commemorated as “STOP THE GUN VIOLENCE MONTH” , poignant as most on the list died due to a firearm.

We will continue to follow proceedings at the Coroners’’ Court.