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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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Caribbean News

Team Trinidad & Tobago Makes Waves with Historic CARIFTA Aquatics Performance

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April 14, 2026 – Team Trinidad and Tobago delivered one of the most commanding performances at the 2026 CARIFTA Aquatics Championships, finishing third overall in swimming and second in athletics, signaling a powerful resurgence on the regional stage.

Competing in Martinique, the swim team amassed an impressive 747 points and 59 medals—20 gold, 19 silver and 20 bronze—in what officials are calling a historic showing. The result marks a significant step forward from previous years, reinforcing the country’s growing strength across disciplines and age groups.

Standout performances came from a deep and talented squad. Zahara Anthony led the charge with 72 points, dominating the Girls 11–12 division across freestyle, butterfly and individual medley events. Liam Carrington followed closely with 69 points, delivering a near-flawless campaign in the Boys 15–17 category, while Marena Martinez, Xaiden Valentine and Serenity Pantin added critical points with consistent podium finishes.

The team’s strength was not limited to individual brilliance. Athletes like Micah Alexander, Ethan McMillan-Cole and Jaden Mills showcased versatility and depth, while relay contributions from swimmers including Julius Ennals and Anpherne Bernard helped secure the team’s overall standing.

The performance drew high praise from the Ministry of Sport and Youth Affairs in Trinidad and Tobago, which welcomed the team home in celebration of what was described as a defining moment for the programme.

Minister Phillip Watts noted, “This success is not accidental. It is the result of hard work, structure, vision, and belief. Our young athletes are proving that Trinidad and Tobago is rising again.”

He added that every performance sent a clear message across the region that the country is “not standing still… we are moving forward.”

The showing in Martinique underscores the impact of sustained investment in youth development, coaching and systems, with Team TTO emerging as one of the most complete and competitive squads at CARIFTA 2026.

With momentum now firmly on their side, Trinidad and Tobago’s swimmers are not just competing—they are setting the pace for the future of Caribbean aquatics.

Developed by Deandrea Hamilton • with ChatGPT (AI) • edited by Magnetic Media.

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Bahamas News

New Manifestos Released as Bahamas Heads to Historic May 12 Vote

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The Bahamas, April 14, 2026 – With the 2026 Bahamian general election set for May 12, the country’s major political parties have now formally placed their plans before the electorate, offering competing visions for governance, growth and relief.

The governing Progressive Liberal Party (PLP), led by Philip Davis, launched its “Blueprint for Progress 2026” on April 8, 2026, outlining a 46-page plan focused on long-term development and systems reform. The document places heavy emphasis on energy transition, digital government, workforce training and food security, positioning the party as one seeking continuity following its first term. The full plan is publicly available online through official PLP platforms for voters to review.

Just days later, on Sunday, April 12, the opposition Free National Movement (FNM), under Michael Pintard, unveiled its 2026 Manifesto at a major event in Nassau. Spanning 54 pages, the document centers on cost-of-living relief, tax reform, healthcare expansion and housing, offering what the party describes as a more immediate response to economic pressures facing Bahamian families. The FNM has also made its manifesto accessible online.

Beyond the two major parties, the Coalition of Independents (COI) had already entered the policy space earlier, formally unveiling its long-range Vision 2030 framework on Saturday, March 1, 2025, at the Fusion Superplex in Nassau during a packed national launch led by party leader Lincoln Bain. That framework has since been complemented by a 100-day action plan released in late March/early April 2026, adding a short-term policy layer to its long-range proposals.

These policy rollouts come as the country prepares for a pivotal vote, with the Parliamentary Registration Department confirming a voters’ register of approximately 203,000 eligible voters, one of the largest in the nation’s history. Key dates are now set, with Nomination Day on April 16, followed by advance polls on April 30, ahead of General Election Day on May 12.

With platforms now in the public domain and the timeline locked in, the focus shifts squarely to the electorate—who must now weigh the promises, examine the plans and decide the country’s direction at the polls.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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Bahamas News

From Concept to Approval: What a 2019 Water Security Plan Now Means for Bahamians

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The Bahamas, April 14, 2026 – At its core, the $65 million water security project is designed to strengthen the reliability, safety and resilience of the water supply across The Bahamas.

If implemented as planned, the investment is expected to improve water quality, reduce contamination risks and support public health, while increasing supply reliability and limiting service disruptions during droughts or system failures. The project also aims to expand and upgrade infrastructure, including wellfields, pumping stations and storage capacity, and to protect freshwater resources from saltwater intrusion—an increasing threat for low-lying islands. In practical terms, that could mean cleaner, more consistent and more dependable access to water for residents across the country.

The project was first conceptualised in 2019 under the previous administration, when a proposal was submitted to the Green Climate Fund to strengthen the resilience of the country’s water systems. That early work came just months before Hurricane Dorian exposed the vulnerability of national infrastructure, including critical water and sanitation systems, particularly in the northern Bahamas.

The initial phase focused on developing the concept, identifying priority areas and engaging regional and international partners, including the Caribbean Development Bank, to support the design and preparation of a full funding proposal.

Following the change in government in 2021, the project advanced into its most technical and demanding stages. The current administration oversaw the completion of key requirements, including feasibility studies, environmental and social assessments, and detailed financing negotiations with international partners—steps necessary to move the proposal from concept to approval.

That multi-year process has now culminated in approval of a $65 million financing package, combining grant funding with concessional loans to support long-term upgrades to the country’s water infrastructure.

While the project brings significant international support, it is not entirely free money. The package is structured as a blended financing arrangement, combining grant funding with concessional loans—meaning a portion of the funding will ultimately need to be repaid. Based on information released by the Caribbean Development Bank, approximately $25 million of the total package is tied to loan financing, with the remaining portion provided as grant support.

Concessional loans typically carry more favourable terms than commercial borrowing, including lower interest rates and longer repayment periods. However, they still represent debt obligations that will be borne over time.

Notably, detailed terms of the loan components—including interest rates, repayment schedules and any associated conditions—were not disclosed in the initial announcement issued by the Office of the Prime Minister (Bahamas). Those details are expected to be outlined in formal financing agreements, but have not yet been made public.

For Bahamians, the project represents both investment and obligation. While the grant funding provides a significant boost to infrastructure development, the loan component adds to the country’s long-term financial commitments—making transparency around terms and implementation timelines especially important.

While the approval marks a significant milestone, the timeline for delivery remains a critical factor. Based on information available from project partners, implementation is not expected to begin immediately. The initiative is anticipated to move into its execution phase later in 2026, following finalisation of financing agreements and completion of preparatory requirements.

From there, the project is projected to unfold over several years, with estimates suggesting a multi-year implementation period of up to seven years to fully deliver the planned upgrades to water infrastructure across The Bahamas.

This means that while the funding has now been approved, the benefits will be realised gradually rather than all at once. A definitive completion date has not been publicly outlined, and detailed timelines tied to specific islands or phases of work have yet to be disclosed.

For Bahamians, the question now shifts from approval to execution—when funds are drawn down, when construction begins, and how consistently the project moves from plan to delivery.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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