Deandrea Hamilton & Wilkie Arthur
Turks and Caicos Islands – May 9, 2025, In a significant development in the ongoing election petition proceedings, the Supreme Court has refused to allow the Attorney General of the Turks and Caicos Islands, Hon. Rhondalee Braithwaite-Knowles, KC, to be summoned as a witness.
The application, brought forward by attorney George Missick on behalf of the opposition People’s Democratic Movement (PDM), was dismissed in court on Friday. In addition to the ruling, the PDM was ordered to pay the legal costs incurred by the Attorney General and the second respondent’s attorneys—a setback for the opposition, which had previously celebrated a procedural victory.
The request to call the Attorney General to the stand was part of the PDM’s broader legal strategy to challenge the outcome of the February 7 general election, which it alleges was tainted by procedural irregularities.
The petition, filed by PDM Leader Edwin Astwood and Deputy Leader Robert Been, had earlier succeeded in passing the court’s scrutiny when Justice Chris Selochan ruled that their claims regarding ballot irregularities merited a full trial.
This marked what many described as “round one” victory for the PDM.
However, this latest court decision reveals the uphill battle ahead for the opposition.
The Attorney General, a central figure in the administration of elections, was accused by PDM supporters and critics alike of enabling an election process that allegedly failed to comply with statutory requirements—particularly those related to ballot formatting and publication.
Critics argue that allowing the same official who presided over the election process to then defend its legality in court—while allegedly favoring the ruling Progressive National Party (PNP)—presents a troubling conflict.
Public commentary, including from Eagle Legal News (owned by Wilkie Arthur) and social media voices, has raised questions about judicial independence and transparency in handling the high-stakes petitions.
Some observers, including prominent legal media outlets, are calling for an external judge to oversee the petitions, citing perceived political ties between local justices and the current administration.
Concerns have mounted after revelations that both Chief Justice Mabel Agyemang and Justice Anthony Stephen Gruchot, the territory’s principal civil justices, declined to hear the election cases. This has fueled speculation that their recusal may have been motivated by potential conflicts of interest.
Instead, the petitions are being heard by Justice Chris Selochan, a newer appointee with minimal public affiliation to either party. While Selochan’s perceived neutrality is welcome in some quarters, others question whether one judge should preside over all three cases—two from the PDM and one from the PNP—given their interconnected potential to reshape the political landscape.
Meanwhile, the ruling to exclude the Attorney General as a witness is drawing criticism from those who feel her role in overseeing the election warrants deeper scrutiny.
PDM supporters argue that her lack of objection to a PNP petition in Electoral District 6—where the PDM won—further undermines her impartiality. Others have gone as far as accusing her of deliberately defending an “illegal process” in favor of the PNP.
As the case heads toward trial, set for May 12 and 13, the people of the Turks and Caicos Islands are watching closely.
With the legitimacy of a national election on the line, and questions swirling about judicial neutrality, the outcome could redefine both the electoral process and public trust in the justice system.