Garfield Ekon
Staff Writer
#TurksandCaicos, August 7, 2024 – A July 5, 2024 judgement by the Supreme Court of the Turks and Caicos Islands has delivered a major judicial order, in crushing a decision by the Status Commission to deny granting Island status to 35 individuals.
Making the order, following a judicial review brought by several attorneys on behalf of the applicants, the Hon. Justice Anthony S. Gruchot decided that applications of each of the 35 Applicants are to be remitted to the Commission for reconsideration.
This is in contravention to the law, as put forth by the Office of the Director of Public Prosecutions which cited that the judicial review was, “a disguised attempt to challenge the merits of the decisions in a situation where the legislature has decided that there should be no right of appeal.”
The Supreme Court ruling stated that the matters were all heard at the same time as, although there are personal factual differences between each of the Applicants, the principles of law involved and the challenges to the decision-making process, the grounds for judicial review, are essentially the same for each Applicant.
Applications of each of the 35 applicants are now to be heard, and decision must be made by the Commission. The judge closed by stating that he will hear counsel as to the form of order and submissions as to costs.
During the hearing, the judge said his Court did not have the power to grant Islander Status, which would be the result of a successful appeal, and that the applications can successfully be pressed under the Ordinance (rule) of the Commission.
The applicants comprise several prominent residents of the TCI.
The applicants are: Agile Levin, Daniel Levin, Hope Levin, Christine Levin, Eric Levin, Christian Papachristou, Isabella Stanbrook, Ivor Stanbrook, Jennifer Blain, Ryan Blain, Graham Canham, Todd Foss, Lawrence Saintange, Conrad Griffiths, KC, Stephen Bourne, Christopher Griffiths.
Also involved are: Cameron Griffiths, Foluso Ladejobi, Neale Coleman, Bernd Wolf, Adam Twigg, Philippe Kunz, David Cadman, KC, Michael Paul Horton, Carmela Giordano, Antoine L’heureux, Patrick Hayward, Kathleen Cecilia Hayward, Simon Nicholls, Rosemary Nicholls, Mary Scholar, Robert Brace, Naomi Brace, Paul Murray and Owen Foley.
Legal arguments were presented in April 2023 on the Commission’s adaptive use of section 4 (7) of the Ordinance, what decision making the Commission have under the law, and if, decision making powers are vested in the body.
The lawyers argued whether the Commission’s rules comply with section 132 of the Constitution, if it was affected by bias on the part of one of its Commissioners, and the criteria used to deny the applicants Island status.
Section 132 (2) of the Constitution provides that an Ordinance shall prescribe the conditions under which a person may be granted Islander status of the TCI and need not be limited to the conditions set out in subsection (3).
Caption: Click on the linkfor the Supreme Court Judgement document