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Will Courts deliver INJUNCTION?  PDM files Judicial Review on DMMO Bill

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Dana Malcolm

Stuff Writer, 

 

 

#TurksandCaicos, July 17, 2023 – The Opposition PDM Party has filed a judicial review against the Tourist Board Dissolution Bill and the establishment of the Destination Marketing and Management Organization (DMMO) citing a lack of consultation. It’s a dramatic turn of events, announced during a July 13 press conference, as part of a well documented difference of opinion on the future of Tourism; the PDM vehemently oppose the introduction and passage of the Bill.

“We have now taken the decision that in the interest of justice – we have instructed council today (July 13) to proceed with serving notice to file judicial review regarding the dissolution of the tourist board, and also in relation to the process in which the government has proceeded with the implementation of the DMMO.”

Alvin Garland, Appointed Member of the Opposition, who is also an attorney made the revelation in response to Magnetic Media questions. The decision was prompted by the passing of the dissolution bill in a single sitting of parliament which would not have allowed room for consultation, the PDM party says.

“We have not been given ample opportunity to peruse the legislation or have any kind of consultation with our party, supporters, and in particular constituents of the Turks and Caicos Islands,” Garland said as he accused the government administration of rushing the controversial Bill.

He also maintains that it was contrary to the standing orders of the House, which he pointed out to the Speaker, but the bill was still allowed to move through the House, in protest the Opposition did not participate in debating the bill and have now moved to take even more serious action.

According to English law as defined by Wikipedia, ‘a Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body.  A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King’s Bench Division of the High Court) for a decision. If the court finds the decision unlawful it may have it set aside (quashed) and possibly (but rarely) award damages. A court may impose an injunction upon the public body.’

The PDM is  confident that the party has firm grounds.

“Our constitution clearly states that the government for persons acting on behalf of the government must be lawful, rational, proportionate, and fair. The Judicial review is based on whether or not the decisions of a public office were reasonably fair, rational or proportionate. The grounds that we are going to be filing on in regards to the tourist board is that we believe there was no proper it- or any consultation conducted.”

The House of Assembly decision to allow the Bill to go through all three readings at once, will also be under scrutiny as grounds for judicial review.

“We continue to believe that it was not a fair process, not just to the opposition as the minority in the House but to the Turks and Caicos Islanders, who have their concerns,” Garland maintained.

Edwin Astwood, Leader of the Opposition has on multiple occasions, denounced the dissolution of the tourist Board as a poor decision and promised to advocate for residents regarding the issue.

The PDM did not say whether they were seeking an order to block the Dissolution of the Board but based on their well documented opposition to the process that could be possible.

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EXCLUSIVE!  Police black CID Vehicle shot up by bandits in Five Cays

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Wilkie Arthur

Court Correspondent

 

#TurksandCaicos, May 15, 2024 – It was an uneasy night on Tuesday May 14 for some residents of Five Cays, Providenciales owing to continuous, serious fire power with gun shots blaring in various areas of the community.

Some say they heard shots in Granny Hill and reported a man walking around with a gun, randomly shooting at unidentifiable targets. Some say shots were heard behind the Enid Capron Primary School.  Some say they heard gun shot sounds coming from a residential area as well.

The most compelling accounts, however, were on reported events in another area called “The Wells”; a community in the depths of Five Cays and South Dock.

Criminals took on law enforcement in a gun battle involving the armored truck and a CID vehicle.

No members of the Royal TCI Police were hit.

Not the same for the other side.  One person was hit, a young man not known to police and it’s not clear if he was one of the men shooting at the police or an innocently caught in the crossfire.

The man was arrested as a possible suspect.  He is also in hospital with an “entrance and exit” gunshot wound.

During the shootout in The Wells, the CID vehicle was shot at repeatedly, disabling its movement as gunfire damaged the engine. Concerning to us, these shootings were at different times and locations but came in rapid succession; one right after the other, I was told.

Most described the sounds as coming “from some big guns.”

Police the morning after allowed me in to see up close.

Video, photos feature my EXCLUSIVE, close-up look at the damage done by criminals; it is clear high powered rifles were used by these suspects still at large.

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Charred Remains Found in Back Seat of Completely Burnt Vehicle

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Wilkie Arthur

Freelance Court Correspondent

 

#TurksandCaicos, May 21, 2024 – A gruesome discovery was made around midday today (Sunday, May 19th, 2024) when police and fire rescue teams responded to a call at a location on Blue Hills Back Road, off Millennium Highway. The area, situated next to the Fortis Sub-Station, is accessible via a long, secluded dirt road.

Upon arrival, authorities found a vehicle completely engulfed in flames. The vehicle was later removed by police after being alerted by an anonymous source to its burnt-out location. Local residents indicated that the fire had been ignited around 2-3 a.m. earlier that morning, but authorities were not notified until later in the day.

Residents could not provide details about the individual inside the vehicle or even discern its color due to the extensive damage caused by the fire. Videos of the discovery location are available, but footage of the vehicle itself will be provided once it has been located. The vehicle was reportedly still burning when police arrived at the scene.

Official Royal TCI Police Report:

Media Release – May 19th, 2024: Active Investigation Officers of the Royal Turks and Caicos Islands Police Force (RTCIPF) are currently on the scene of a vehicle fire in the Blue Hills, Providenciales area. Acting on received information, officers arrived at the location along North Side Close and discovered a burnt vehicle with what appeared to be a body inside.
The RTCIPF is conducting a thorough investigation to determine the circumstances of this incident. As this is an active investigation, more details will be provided to the public as they become available.

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Caribbean News

NATIONAL SECURITY SECRETARIAT INFORMATION NOTE ISSUED MAY 17, 2024

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May 21, 2024 – The Turks and Caicos Islands have clear laws prohibiting the possession of firearms and or ammunition without a licence and strict penalties in order to serve and protect the community. Our Firearms Ordinance, which was amended in 2022, states that:

No person (other than a licensed gunsmith in the course of his trade) shall have in his possession, discharge or use any firearm or ammunition unless he is the holder of a firearm licence with respect to such firearm, or in case of ammunition he is the holder of a licence for a firearm which takes that ammunition.

Firearm and/or ammunition offences carry a mandatory minimum custodial sentence of twelve years plus a fine. Where a court finds there are exceptional circumstances, the sentencing judge has discretion, under the law, to impose a custodial sentence and a fine that are fair and just in the circumstances of each case rather than impose the mandatory minimum.

The Chief Justice is advancing sentencing guidelines in respect of the application of exceptional circumstances. Wider work is also ongoing with criminal justice partners to review the efficiency and effectiveness of case progression, in driving justice outcomes.

It is the traveller’s responsibility to ensure their baggage is free of firearms and/or ammunition. Permission from an airline carrier does not constitute permission to bring firearms or ammunition into the Turks and Caicos Islands. Travellers are also strongly advised to search their luggage before they travel to the Turks and Caicos Islands to ensure they do not bring in forbidden items inadvertently. Such offences will result in arrest.

The Turks and Caicos Islands is a British Overseas Territory with a common law legal system, and reserves the right to enforce its laws. All persons, including visitors, must follow lawful process.

The Turks and Caicos Islands welcomes all visitors but reminds travellers that persons in the Turks and Caicos Islands do not have a constitutional right to carry firearms. Equally, the importation of firearms, ammunition (including stray bullets), and other weapons is strictly forbidden, unless licence to do so has been issued by the Commissioner of Police.

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