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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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Bahamas News

Federal Investigation into Florida Turnpike Tragedy that Killed Three Children of Bahamian Mother

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NTSB examining roadside assistance driver’s actions, SUV speed and seat belt use after six people perish in fiery collision

ORLANDO, FLORIDA — October 29, 2026 — Federal investigators have joined the investigation into a horrific Florida Turnpike collision that claimed six lives, including all three children of a Bahamian mother, as questions intensify over what caused the deadly crash.

The United States National Transportation Safety Board (NTSB) has confirmed that it is opening an investigation into the October 23 accident, which occurred around 9:31 p.m. near mile marker 252 in Orange County.

The agency’s involvement brings federal scrutiny to a tragedy that has devastated several families and prompted an extraordinary outpouring of sympathy and disbelief.

Among those killed were siblings Charles Milton, Jakara Milton and Dalvena Green, the three adult children of Marshall Clarke-Milton and her husband, Charles Milton Sr.

The siblings were traveling with three others to Universal Orlando’s Halloween Horror Nights, reportedly on their first trip together.

They never arrived.

FEDERAL INVESTIGATORS EXAMINE WHAT WENT WRONG

The NTSB confirmed to FOX 35 Orlando that its investigation will examine the training and performance of the roadside assistance driver, the actions of the SUV driver, including speed, and whether the occupants were wearing seat belts.

The agency investigates serious transportation accidents to identify safety failures and recommend measures that could prevent similar tragedies.

Its involvement does not establish wrongdoing by either driver.

The Florida Highway Patrol is conducting a separate investigation into the collision.

According to the preliminary police account, a Road Ranger roadside assistance truck had been parked in the highway median before its driver received instructions to assist a disabled box truck on the opposite shoulder.

As the Road Ranger moved across the northbound lanes, it collided with a 2023 Chevrolet Traverse carrying six adults.

Both vehicles left the roadway and caught fire.

All six occupants of the SUV died at the scene. The Road Ranger driver survived with minor injuries.

MOTHER CHALLENGES EARLY ACCOUNT

Witnesses reportedly told investigators that the SUV was traveling at high speed without its headlights illuminated.

However, those observations have not been established as the definitive cause of the collision.

Clarke-Milton has challenged suggestions that her children or their companions were responsible, urging investigators to examine the evidence before reaching conclusions.

She wants investigators to establish the SUV’s actual speed and determine whether its headlights were operating.

The family’s concerns underscore the importance of the continuing investigations, particularly given the movement of the roadside assistance vehicle across active highway lanes.

ALL THREE CHILDREN LOST

For Clarke-Milton, the investigation unfolds against an almost incomprehensible personal tragedy.

She lost all three of her children simultaneously.

In an emotional interview with FOX 35 Orlando, the grieving mother described the terrible feeling that overcame her when she could not reach them.

“My heart sank,” she said, recalling the moment she feared her children were involved.

The siblings were among six people whose lives ended during what should have been an enjoyable evening together.

The other victims included Timothy Williams and Shawn Palmer. A sixth person’s identity had not been publicly confirmed in the latest reports reviewed.

The family’s heartbreak has resonated across The Bahamas and beyond, with expressions of sympathy accompanying calls for answers.

SEARCH FOR ANSWERS CONTINUES

The Florida Highway Patrol has indicated that a crash report is expected within approximately ten days of the accident.

The NTSB’s investigation will examine broader transportation safety concerns, including the operation of roadside assistance vehicles and the circumstances surrounding the collision.

For the grieving families, the findings cannot reverse the tragedy.

But they may establish what happened on that stretch of Florida’s Turnpike and whether anything could have prevented six people from losing their lives.

For one Bahamian mother, the loss is especially devastating.

Three children left for an evening of entertainment. Not one came home.

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News

Joyful Collaboration between 2 Regional Foundations Uplifts Tourism Professionals in Turks & Caicos

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CHTA Education Foundation & Sandals Foundation Training Celebration with TCHTA in Providenciales 20 October 2026. Front Row, L to R: Suzanne & Louise CHTAEF Trainers, Wesley Clerveau, PS Ministry of Tourism, Deryck Meany for Sandals Foundation, TCHTA team: Stacy-Ann Wharton, VP – Nicholette Thomas Operations Manager - Omega Simmons Board Member

Turks and Caicos – Caribbean Supercharged Service, Learning & Leadership workshops were enjoyed by professionals from Grace Bay Car Rentals, a local sponsor, alongside a Heavy Machinery Rental Company, a Paint retailer, 8 resorts, a luxury villa management enterprise and 3 TCHTA sponsored junior chefs, including Team TCI Junior Chef 2026, Zaliya Dickenson, who will complete at the Taste of the Caribbean in November for her country.

These workshops were the result of the longstanding partnership between the CHTA Education Foundation and their sponsor, Sandals Foundation, who support the Caribbean Supercharged programme on a different island every year. This year, the Turks & Caicos Hotel & Tourism Association (TCHTA) hosted the initiative to the delight of its members.

The workshops targeted new team members, seasoned professionals, managers and supervisors. Topics included Foundations & Finesse within Customer Interactions, Delivering Clear Expectations for Service Consistency and Making Memorable Moments.

Sandals Foundation was pleased to also sponsor chefs, cooks, stewards, warehouse & purchasing staff from 7 resorts and 2 high schools for an intensive HACCP Preparation & Pre-Requisites informational day, including international coursebooks, team training booklets and each person’s international assessment fee. The course is approved by the Royal Society for Public Health UK, earns Continuing Professional Development Credits, and is recognized globally as the leading Food Safety Management System.

Deryk Meany, General Manager, Beaches TCI, represented Heidi Clarke, Executive Director, Sandals Foundation at the 20 October Celebration with energy and passion for professional development and life-long learning in tourism to ever uplift and grow ourselves. He asked participants to ‘never stop learning! Today is a step upwards in your personal growth and that of the industry. We are never too old to learn, to share our experiences within training and grow”

Wesley Clerveau, Permanent Secretary, Ministry of Tourism, gave spirited, positive inspiration and congratulations to the participants “Stayover arrivals in TCI have increased by 6% between January & June this year, we are hot! The place visitors wish to be, and your time, application and learning in each workshop is invaluable to us as a destination and to you as citizens and residents. I urge you to put what you have gained into practice immediately and keep applying yourselves; the more you upgrade, the more service elevates, the more we all succeed”

Karolin Troubetzkoy, Chairwoman, CHTA Education Foundation commented “Congratulations to everyone who participated in this year’s workshops, thank you for being fully engaged and making the most of your opportunity.

Special mention to the 8 past participants that we reunited with and are now working in leadership positions, BRAVO! We are delighted for you and encourage you to stay focused and keep shining and growing upwards.

It has been the Education Foundations honor to work closely with our sponsor Sandals Foundation and partner with TCHTA again to create Caribbean Supercharged positivity within each of you”.

Stacey-Ann Wharton, Vice President TCHTA, congratulated everyone present and stressed the TCHTA ongoing commitment to learning and development of members teams and management, along with special TCHTA scholarships for the HACCP session for 3 Junior Chefs, showing the Associations commitment to nurturing talent from High School upwards.

PHOTO CAPTIONS

First Insert: Wesley Clerveau, PS, Ministry of Tourism

Second Insert: Deryck Meany, GM Beaches TCI representing Sandals Foundation

Third Insert: Stacy-Ann Wharton, Vice President, TCHTA

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News

Multi-Agency Enforcement Exercise Targets Illegal Occupation of Crown Land in Five Cays

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Providenciales, Turks and Caicos Islands: The Crown Land Unit, with coordination and support from the Informal Settlements Unit (ISU), conducted a multi-agency enforcement exercise in the Five Cays area on Thursday, September 17, 2026, as part of ongoing efforts to address the illegal occupation and unauthorised use of Crown land.

The exercise brought together representatives from the Crown Land Unit, ISU and the Turks and Caicos Islands Border Force. Security for the exercise was provided by the Royal Turks and Caicos Islands Police Force. Inspections were conducted across several parcels of Crown land throughout Five Cays, where instances of illegal occupation and unauthorised use had been identified.

During the exercise, a total of forty (40) Section 22 Notices of Unauthorised Occupation were served in accordance with the provisions of the Crown Land Ordinance. The notices related to various forms of unauthorised occupation and use of Crown land, including incomplete structures, shipping containers, derelict vehicles, trailer chassis, building materials and other items.

Where persons were not present, notices were affixed to the relevant structures or items. The exercise forms part of the Crown Land Unit’s continuing efforts to prevent squatting and encroachment on Crown land and to ensure that identified instances of unauthorised occupation are appropriately addressed.

The Government of the Turks and Caicos Islands reminds the public that Crown land must not be occupied, developed or otherwise used without lawful authority.

The Crown Land Unit, supported by the ISU and its other partner agencies, will continue to identify and address instances of illegal occupation of Crown land across the Turks and Caicos Islands. Persons affected by notices issued during enforcement exercises are encouraged to comply with the requirements outlined and to seek guidance from the relevant authorities where necessary.

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