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NEW LAW: CONTEMPT OF COURT ON COURT REPORTING

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Turks and Caicos, December 3, 2024

 

CONTEMPT OF COURT RULES 2024 

(Legal Notice 61 of 2024) MADE by the Chief Justice under section 4 of the Chief Justice (Responsibilities) Ordinance, with the approval of the President of the Court of Appeal.

These Rules may be cited as the Contempt of Court Rules 2024 and shall come into operation on 2 December 2024.

In these Rules— “contempt of Court” means any conduct, whether committed in the face of the Court or not, that substantially obstructs or interferes or prejudices, tends to substantially obstruct or interfere or prejudice, the administration of justice in any proceeding pending before the Court, or brings the administration of justice into disrepute; “Court” means the Court of Appeal and the Supreme Court; “publication” includes any speech, writing, broadcast, or other communication in whatever form which is addressed to the public at large or to any section of the public; and “publish” means to make available to the public or any section of the public, any information whether orally, by print or electronic means or otherwise.

Outline of contempt of Court – The following shall constitute contempt of Court— 

(a) disobedience of court orders;

(b) interference with Court Proceedings and unauthorised recording; and

(c) prejudicial publications.

Disobedience of court orders – It shall be a contempt of Court— 

(a) to willfully disobey or disregard, any judgment, decree, direction or order of a Court; or

(b) to willfully breach an undertaking given to a Court. Interference with Court proceedings and unauthorised recording

It shall be a contempt of Court— 

(a) to use in Court, or bring into Court for use, any tape recorder or other instrument for recording sound and or images, except with the leave of the Court;

(b) to publish a recording of legal proceedings made by means of any such instrument, or any recording derived directly or indirectly from it, by playing it in the hearing and sight of the public or any section of the public, or to dispose of it or any recording so derived, with a view to such publication;

(c) to use any such recording in contravention of any conditions of leave granted under paragraph (a); or

(d) to obtain or attempt to obtain or disclose any statement made, opinions expressed, arguments advanced or votes cast by members of the jury in the course of their deliberations in any criminal proceedings.

Prejudicial publications 6 – It shall be a contempt of Court— 

(a) to publish any matter which creates a substantial risk that the course of justice in the proceedings in question will be seriously impeded, affected, or prejudiced; or

(b) to publish any matter to the public at large or any section of the public that may interfere or tend to interfere with the course of justice in particular legal proceedings regardless of the intent to do so, save where at the time of such publication such a person did not know, or did not have any reasonable grounds for suspecting that the relevant proceedings were pending before the Court.

(2) A person shall not be guilty of or punishable for contempt of Court for the distribution of a publication which would otherwise be contempt of court, if at the time of distribution, he did not know, or did not have any reasonable grounds for suspecting that the publication contained, or was likely to contain any matter which amounts to contempt of Court.

(3) A person is not guilty of contempt of Court if he distributes a publication containing any matter pending before the Court, if at the time of distribution, having taken all reasonable care, he does not know that it contains such matter and has no reason to suspect that it is likely to do so.

(4) The burden of proof of any fact tending to establish a defence under subrule (2) or (3) lies upon the person who so asserts, on a balance of the probabilities.

(5) A person is not guilty of contempt of Court for refusing to disclose the source of information contained in a publication for which he is responsible, unless it be established to the satisfaction of the Court that disclosure is necessary in the interests of justice or national security or for the prevention of disorder or crime.

 Ex facie curiae 

A person shall be guilty of the offence of contempt of court in the face of the court for any of the following—

(a) any insult or disrespect offered to a Court;

(b) the interruption of proceedings pending before a Court;

(c) the use of abusive or threatening language;

(d) the use of violence or threatening the use of violence;

(e) any act calculated to scandalize or lower the authority of a Court;

(f) failure to attend Court without good and sufficient reason; or

(g) any other act or conduct that disrupts the due course of any proceedings before a Court.

 Mode of trial  

(1) Contempt of Court may be tried upon indictment or dealt with summarily by the Supreme Court.

(2) Unless the Court decides to try the alleged contemnor summarily, the Director of Prosecutions must be notified of every referral to the Supreme Court for committal proceedings, for his action. Summary procedure for committal

(1) A Court dealing with an allegation of contempt of Court shall try an alleged contemnor summarily only where it is satisfied that such a course will preserve the integrity of the trial or the dignity of the court.

 (2) Where it is alleged, or appears to the Court on its own view, that a person is guilty of contempt of Court in— 

(a) the disobedience of a court order;

(b) through prejudicial publication;

(c) contemptuous conduct displayed in the face of the Court,

(d) contemptuous conduct done in the hearing of the Court, the Court may— (i) by oral order direct that the contemnor be brought before the Court; or (ii) issue a warrant for the arrest of the contemnor.

 (3) Where the contemnor is brought before the Court, the Court shall— 

(a) cause the contemnor to be informed orally of the contempt with which he or she is charged, and be allowed reasonable time to obtain legal representation and advice;

(b) require the contemnor to enter a plea and make his defence to the charge;

(c) after hearing the contemnor, determine the matter; and

(d) make an order for the punishment or discharge of the contemnor.

 (4) The Court may, pending disposal of the charge— 

(a) direct that the contemnor be kept in custody as the Court may determine; or

(b) direct that the contemnor be released, and such a direction is sufficient authority for the contemnor to be kept in custody or released, as the case may be. 5 Punishment

(1) A person who commits a contempt of Court shall be guilty of an offence, and is punishable by a term of imprisonment or a fine.

(2) The committal shall, without prejudice to the power of the Court to order his earlier discharge, be for a fixed term not exceeding two years.

(3) Where a court imposes a fine for the punishment of contempt of Court, the Court shall order that the fine be paid within a definit

Judge’s court wig and hammer or gavel

e time, but no less than seven days, after the date of the order.

(4) The payment of a fine imposed as punishment for a contempt of Court shall be enforced upon the order of the Court as if the order were a judgment or order for the payment of money. (5) The Court may in addition to any sanction it may impose, order any instrument used in unauthorised recording, or any such recording made with it, or both, to be forfeited, and any instrument or recording so forfeited shall be disposed of or dealt with in such manner as the Court may direct subject to the owners right to be heard as to reason why such instrument or recording shall not be forfeited.

(6) Where the contemnor is a company, and the contempt is proved to have been committed with the consent or connivance, or is attributable to the reckless conduct or act on the part of, any director, manager of or any other person in charge of or responsible for the conduct of the business of the company, that person shall also be deemed to be guilty of contempt of Court. (7) In pursuance of subrule (6), a person shall not be deemed to be guilty of contempt of Court if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission.

(8) At all times and in all circumstances, it shall be open to the Court to require an apology or, a retraction from a contemnor without recording a conviction.

(9) The Court may also issue a reprimand or a warning, and the disregard of the reprimand or warning may lead to an imposition of a fine or a term of imprisonment.

MADE this 21st day of November 2024.

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Health

Cleveland Clinic First in Ohio to Perform Robotic Nipple-Sparing Mastectomy  

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Health system is among only a handful in the U.S. to offer the minimally invasive robotic procedure Cleveland Clinic is among the first hospitals in the country – and the first in Ohio – to perform a robotic nipple-sparing mastectomy procedure, following recent clearance by the U.S. Food and Drug Administration.

Stephanie Valente, D.O., and a surgical team recently performed the first robotic nipple-sparing mastectomy with immediate breast cancer reconstruction at Cleveland Clinic Fairview Hospital. The procedure offers a new minimally invasive approach to breast cancer surgery and risk-reducing mastectomy for patients at elevated risk.

This milestone places Cleveland Clinic among a select group of centers nationwide offering the advanced technology and brings one of the newest innovations in breast cancer surgery to patients in Northeast Ohio.

“This robotic approach offers greater precision through a much smaller incision, which can mean less visible scarring and faster recovery,” said Dr. Valente, director of the Cleveland Clinic Breast Surgery Fellowship Program and director of the West Region Multidisciplinary Breast Program. “Compared with the traditional procedure, which requires a larger incision, this approach can improve cosmetic outcomes, preserve the skin and nipple, and support a more natural appearance after surgery.”

During the procedure, surgeons use a 3D camera and robotic instruments inserted through a small incision of one inch, typically hidden along the side of the breast rather than across the underside, to remove breast tissue while preserving the nipple, areola and skin. The robotic platform, the da Vinci SP Surgical System, provides enhanced visualization and precision while minimizing disruption to the overlying skin.

Robotic surgery gives the surgeon better visualization of the operative field in what is typically a technically challenging procedure. This enhanced view can improve nerve identification and preservation, reduce blood loss and allow surgeons to perform the same oncologic operation through a one-inch incision rather than the traditional five-inch open incision.

The robotic approach removes the same breast tissue as a conventional mastectomy, while changing how the surgeon accesses the breast. For some patients, breast reconstruction can be performed during the same operation.

This approach is designed to reduce scarring, enhance cosmetic outcomes, preserve the natural skin envelope and nipple, improve sensation and accelerate recovery. For some patients, the less visible incision may also support confidence and body image after surgery. The procedure further expands Cleveland Clinic’s minimally invasive breast surgery options, which include endoscopic nipple-sparing mastectomy.

“As a field, we haven’t had many new options for patients with breast surgery for a decade now, so we are pleased to now have these minimally invasive procedures available for our patients,” said Dr. Valente. “Innovations like this support a more patient-centered experience as they allow us to address both the physical and emotional realities of breast cancer.”

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News

Invest Turks and Caicos Officially Opened Caya Hico Collective, Grand Turk MSME Storefront

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Providenciales, Turks and Caicos Islands – Friday, 2nd October 2026: Invest Turks and Caicos officially opened Caya Hico Collective, the Grand Turk MSME Storefront, on Friday, September 18, 2026, marking a significant milestone in the Agency’s ongoing efforts to support local entrepreneurs, expand access to market opportunities, and strengthen the small business ecosystem.

Caya Hico Collective has been established as a dedicated retail space to showcase and sell locally made products, initially featuring entrepreneurs participating in the MSME Programme. As the initiative develops, there are plans to expand participation to include other small businesses producing locally made goods, including those not directly supported under the Programme. The storefront will provide local businesses with greater exposure and direct access to both residents and the thousands of visitors who arrive in Grand Turk each year creating stronger linkages between local entrepreneurs and the tourism economy. The store currently features fourteen (14) inaugural vendors, representing a diverse selection of local businesses and products from across the Turks and Caicos Islands.

Speaking on the significance of the initiative, Ms. Alexa Cooper, Chief Domestic Investment Officer, said:

“This storefront represents a practical and meaningful step in supporting our MSMEs by providing access to market, one of the most critical components of business growth. It is a space where local talent, creativity and entrepreneurship can be showcased, supported and connected with new customers.”

A Name Chosen by Grand Turk’s Youth

The name Caya Hico Collective was selected through the Grand Turk MSME Storefront Naming Competition, an initiative conducted in partnership with H.J. Robinson High School. Students were invited to propose an original name that reflected Grand Turk’s identity, culture and heritage while also being suitable for a storefront showcasing locally made products.

Following an independent judging process, Mauvarii Selver was selected as the competition winner for the submission Caya Hico Collective.

The name was recognised for its cultural and historical significance, distinctiveness and strong storytelling potential. “Caya Hico” is derived from the Lucayan term meaning “string of islands,” reflecting the archipelagic identity and heritage of the Turks and Caicos Islands. The use of “Collective” further reflects the purpose of the storefront: bringing together products from multiple local entrepreneurs under one shared retail platform. Together, the name Caya Hico Collective connects the Islands’ heritage with the initiative’s vision of bringing local businesses, products and creativity together in one space.

The naming competition provided students with an opportunity to participate directly in a real-world branding exercise and contribute to an initiative that will form part of Grand Turk’s commercial and tourism landscape.

Mauvarii was formally recognised during the opening ceremony, alongside the other students who participated in the naming competition, the inaugural MSME vendors, and key stakeholders whose contributions supported the successful development and opening of the storefront.

Angela Musgrove, Chief Executive Officer of Invest Turks and Caicos, added:

 “Caya Hico Collective is more than a retail space. It reflects our continued focus on strengthening linkages between local businesses and the tourism sector, creating more opportunities for MSMEs to reach visitors, increasing sales and participate more fully in the tourism economy. At the same time, it gives visitors greater access to authentic products that reflect the creativity and culture of the Turks and Caicos Islands.”

Supporting Local Enterprise and Tourism Linkages

Caya Hico Collective is expected to serve as an important platform for local entrepreneurs by increasing the visibility of locally produced goods, creating additional sales opportunities and providing visitors with greater access to authentic products from the Turks and Caicos Islands.

Through the storefront, Invest Turks and Caicos aims to encourage residents and visitors alike to discover, purchase and support locally made products, while creating a stronger connection between entrepreneurship, culture and the visitor experience in Grand Turk. The initiative is intended to increase opportunities for local businesses to benefit from tourism activity by connecting visitors directly with locally made products that showcase the creativity and talent of entrepreneurs across the Turks and Caicos Islands. This forms part of Invest Turks and Caicos’ broader commitment to promoting economic diversification, sustainable business development and stronger linkages between local enterprises and the tourism sector.

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Bahamas News

Walk for the Cure Every Saturday This October  

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Nassau, Bahamas, 1 October 2026 – Every Saturday this month, communities across The Bahamas will take steps in support of cancer patients and survivors as CIBC Caribbean’s Walk for the Cure returns to New Providence, Abaco, Eleuthera, and Grand Bahama.

CIBC Caribbean Head of Country, Terrance Gibson, said, “Each Saturday in October represents another community coming together, another opportunity to raise awareness and, most importantly, more support for the organizations that are doing this work every day.”

The month of activities begins this Saturday, October 3, in New Providence, with participants gathering at the Goodman’s Bay Corporate Centre for a 6:30am start.

CIBC Caribbean Walk Champion, Antionette Fox, said the series of walks gives communities across the country an opportunity to contribute to a cause that directly supports Bahamian cancer organizations.

“Every Saturday for the month of October, there will be a walk that you can participate in to contribute towards this worthy cause,” Fox said.

In New Providence, the morning will extend beyond the walk itself, with Zumba, wellness activities, informational vendors, and opportunities for participants to connect with organizations working directly with cancer patients and survivors.

Gennie Dean Caring and Sharing Cancer Support Group President Duquesa Dean said participants do not have to complete the full route to be part of the morning.

“Just come out…there is something for everyone, come for the community,” Dean said. “There’s a survivor ceremony, so come and participate and celebrate the people who have gone through cancer and are here as evidence that you could live after a cancer diagnosis.”

The Gennie Dean Caring and Sharing Cancer Support Group is one of eight cancer organizations in The Bahamas that benefit from funds raised through Walk for the Cure. The others are the Sister Sister Breast Cancer Support Groups of New Providence and Grand Bahama, Cancer Society of The Bahamas, the Cancer Societies of Abaco, Eleuthera, and Grand Bahama, and the Cancer Association of Grand Bahama.

Dean explained that CIBC Caribbean covers the cost of staging WFTC, allowing donations raised to support the work of beneficiary organizations.

For her organization, that assistance translates into tangible support for people navigating cancer, including food assistance, financial aid, prosthetic breasts, and mastectomy bras, as well as programs such as Step Into Wellness, which promotes movement and healthy living among cancer patients and survivors.

Corporate partners are also helping to strengthen this year’s effort. Bamboo Shack has joined the initiative as a gold sponsor, with representative Ghandi Pinder sharing that the cause has a personal significance for her.

Pinder recalled shaving her hair in solidarity with her sister after she was diagnosed with an aggressive form of breast cancer and began losing her hair during chemotherapy.

“We see you, we’re here with you, we’re in it with you,” Pinder said of Bamboo Shack’s message to those affected by cancer.

She also encouraged more of Corporate Bahamas to support initiatives that directly impact the communities they serve.

“At Bamboo Shack, we always say a better Bahamas begins with you… Together, we can make a difference,” she said.

Registration for Walk for the Cure is $30 for adults and $15 for children and can be completed at any CIBC Caribbean branch. CIBC Caribbean clients can also donate through online banking.

The New Providence Walk begins promptly at 6:30am on Saturday, October 3, at the Goodman’s Bay Corporate Centre, followed by Walk for the Cure events in other islands each Saturday throughout October. The Grand Bahama WFTC event will be held on October 10 and the Abaco and Eleuthera WFTC events will occur on October 17 and October 24 respectively.

Gibson added, “Some will walk for themselves, some in celebration of a survivor, and others in memory of someone they have lost. Whatever brings you to Walk for the Cure, every person who shows up becomes part of a much bigger expression of support for those affected by cancer.”

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