News
Fanny Pack, Hurricane Damage and a possible Set Up lead to Not Guilty in Gun Trial
By Wilkie Arthur
Freelance Court Reporter
#TurksandCaicos, July 27, 2023 – A hurricane damaged set of doors, a lack of DNA evidence and a concealing fanny pack seemed to convince a jury of seven that a young man held for gun and ammunition may have been set up for the crime; his defence attorney poking holes in the case of the Police and Prosecutor to secure a not guilty verdict.
A serious firearms trial was scheduled for a July 10, 2023 start at the Grand Turk Supreme Court and it did, lasting
some seven days, the jury returned a not guilty verdict for the man accused of illegal possession.
A jury comprising three men and four women reached a unanimous verdict for the now 20-years-old, JAVAUGHN EDWARD FORBES, who claimed he was set up and did not own the gun or ammunition in question.
Representing the Crown was Principal Public Prosecutor, Clement Joseph, along with public prosecutor Tassja Mitchell. Senior defense attorney, Noel Skippings represented the now acquitted defendant.
The allegations date back to October 1, 2021; the accused was freed on bail pending the trial.
During the trial, the jury heard that on the date in question the police armed with a search warrant came and executed a search for firearm at the home of JAVAUGHN FORBES on prison road, Grand Turk. He was living with his adopted mother and her young daughter.
They specifically told them they came to search for a firearm. They began their search and on the floor they allegedly found a box with a firearm and with four rounds of ammunition inside the box. The accused was in handcuffs. He told the officers he did not know anything about it. One officer said the box was in plain sight, but on the cross examination by defense counsel Skippings, it was established through Sergeant Shervin Adams that ‘the box’ could have been either hidden by clothes or partly hidden by clothes.
They then took the accused and he was charged with keeping a firearm and keeping ammunition, contrary to Section 3 Subsection (1) of the Firearms Ordinance at the time, as then it carried a mandatory minimum of seven years imprisonment.
It came out in the trial that the door to house was not able to be locked and that Forbes’ room had no door. It was explained that the recent and last hurricane had damaged the doors, so he had no door, just an opening.
The police confirmed that there was no door to Forbes’ room, but could not confirm if the outside door to the house could not be locked.
The police evidence in the trial was that they were acting on information received. Someone tipped them off and told them a firearm was in the house.
The defense’s case was that Forbes could have been set up. It was explained to the jury that the police informant told them exactly where to go because and the sergeant testified that indeed they went directly to the room of the young man.
Other officers had testified that they searched all of the rooms, but the sergeant’s testimony was ‘they only search his room,’
Defence Counsel Contentions were:
- The outside door wasn’t locked, so anybody could have entered the house.
- Young Forbes left out early in the morning to take his horses for the tourists when ships arrived.
- His mother worked and left the house from around 8:15am about 5:00pm is when she returned from work. So anybody could have entered the house.
- His room had no door, anybody could have entered his room as he would be out all day sometimes. His mother would be out just about all day too. Anybody could have entered the house.
The defense argued that, his client had no knowledge that a gun was in the home. It was said the weapon was in a fanny pack, the fanny pack was there and the gun and ammo were inside of it, according to the police evidence in the trial.
Police had hoped a sentimental link to the murdered cousin of the accused would be compelling enough evidence, however, it was made out to be frivolous by the defence counsel.
At the trial, it was explained that on the fanny pack was a button of the accused’s late cousin, Lloydel “LJ” Swann, who died August 10th, 2019 from gunshot wounds. The police tried to use that to say well, because the button is on the fanny pack, he had to know what’s in the fanny pack.
However, counsel for the defendant said ‘no, anybody could have put that button on there.’
His mother in the house or the daughter or somebody from the outside could have put that button on the fanny pack in order to incriminate his client; for Skippings, this fact was not strong enough to put a young man away for seven years on a gun charge.
Police, during the trial also testified that DNA evidence was collected in the case, but when the attorney sought the results of the test, there was none said Police, as the forensic information was not sent out – since October 2021 – for analysis.
The jury spent a couple of hours in deliberation of the evidence presented; all seven returned and agreed that JAVAUGHN EDWARD FORBES was not guilty.
Providenciales, Turks and Caicos Islands – May 14th, 2024 – The Turks and Caicos Islands Government and Molo Hotel Group reached a pivotal juncture on Monday, May 13th, 2024, with the ceremonial signing of a development agreement at the Premier’s Office on Providenciales. The agreement, which received official Cabinet approval on March 13th, 2024, signifies a steadfast commitment to advancing the economic landscape of the Turks and Caicos Islands.
Molo Hotel Group is a family-owned business, renowned for its distinguished portfolio of high-quality hotels worldwide. The
development initiative encompasses the construction of three distinct IHG branded hotels: InterContinental Turks and Caicos, Kimpton Turks and Caicos and Hotel Indigo Turks and Caicos. Scheduled for completion by 2027, each resort boasts a distinctive design from luxury to laidback sophistication spanning across the shores of Grace Bay Beach.
Kimpton Turks and Caicos – an epitome of luxury lifestyle living, will feature 192 guest rooms including three outdoor pools, a luxury spa and a fitness center. Additionally, seven dining options ranging from a beachfront restaurant to a rooftop bar.
Adjacent to the Kimpton, InterContinental Turks and Caicos will offer 59 classic luxury suites with panoramic ocean views. Mirroring its counterpart, this resort will offer an array of dining options and upscale facilities.
Steps away from the Intercontinental and Kimpton resorts, Hotel Indigo Turks and Caicos will embrace a sense of community and contemporary elegance, offering 56 bedrooms. The resort will feature an onsite restaurant, lobby bar, outdoor pool, and fitness room.
Beyond the realm of hospitality, this development agreement underscores the government’s commitment to fostering economic growth and enhancing employment opportunities in the Turks and Caicos Islands. Molo is partnering with the Turks and Caicos Islands Community College (TCICC) to actively promote hospitality as a career choice and support in developing training programs, career fairs, seminars, workshops, and events to raise awareness about hospitality careers. Molo has committed to provide employment and apprentice opportunities to TCICC students and provide mentoring and practical on property training to students.
The signing event was graced by Hon. Charles Washington Missick, Premier of the Turks and Caicos Islands, Hon. Jamell Robinson, Deputy Premier, Hon. Kyle Knowles, Minister of Public Safety and Utilities, Hon. Rachel Taylor, Minister of Education, Youth, Sports and Culture, Łukasz and Marcin Slominski, Owners of Molo, Ross Morrow, Managing Director Molo, Arik Kono, Vice President Upscale Development for IHG, Dr. Candice Williams, President and CEO of the Turks and Caicos Islands Community College, Angela Musgrove, InvestTCI CEO, Dr. Barbara Ambrister, Chairperson of the Turks and Caicos Islands Community College, Dr. Delores Stapleton- Harris, Vice President of Academic, Vocational and Student Affairs for the Turks and Caicos Islands Community College, Mr. Kevin Baxter, Dean of Technical Vocational Education Training (TVET) and Sheryl McLaughlin, InvestTCI Investment Services Executive.
Commenting on the development agreement, Premier, Hon. Misick, stated “The Memorandum of Understanding (MOU) signing of
IHG/Molo Hotels is a significant step towards a sustainable future for hospitality in the Turks and Caicos Islands. Three hotels, Kimpton, Intercontinental, and Hotel Indigo, will be introduced, enhancing our tourism product and creating employment opportunities.”
He further added, “Partnerships with the Turks and Caicos Islands Community College and Turks and Caicos Islands Sports Commission are underway, demonstrating the Government’s commitment to developing human capital and elevating tourism offerings. This project will bring economic growth, embrace local talent, and enrich our economy.”
Additionally, Mrs. Angela Musgrove, CEO of Invest Turks and Caicos Islands, emphasized “This collaboration confirms our commitment to fostering economic growth and prosperity within our country. We have worked closely with Molo Hotel Group, and we are confident that this transformative project will further position the Turks and Caicos Islands as a premier destination for travel and investment. Much to our delight, it will also provide opportunities for engagement with our Community College and small business community.”
The Government of the Turks and Caicos Islands, operating through its primary Investment Promotion
Agency, Invest Turks and Caicos Islands, remains committed to attracting and facilitating Foreign Direct Investments to the country by providing a comprehensive suite of services. Through strategic initiatives and targeted promotion, the agency catalyzes sustainable development, driving innovation and small business opportunities across various sectors of the economy.
#TurksandCaicos, May 13, 2024 – Detectives of the Serious Crime Unit of the Royal Turks and Caicos Islands Police Force have
charged a man who allegedly stole a vehicle.
The accused, DANVANTE BRISCO, 30, of Kew Town, Providenciales, was charged with:
- One Count: Robbery
- One Count: Taking Motor Vehicle Without Authority
- One Count: Using Offensive Weapon to cause fear
Mr. BRISCO appeared in court today (May 13 ) and was granted bail of $7500.00 with one surety.
The matter was adjourned to July 05 for a Sufficiency Hearing.
#TurksandCaicos, May 13, 2024 – A 20-year-old Dock Yard male appeared in court today (May 13th) charged with a series of firearm-related offences.
The accused, JAMES SIMON, was denied bail and remanded into custody pending a Sufficiency Hearing scheduled for July 05th, 2024.
Mr. SIMON faces the following charges:
- One Count: Robbery;
- One Count: Gang Membership
- One Count: Possession of a Firearm for the Benefit of a Gang
- One Count: Possession of Ammunition for the Benefit of a Gang.
The charges against Mr. Simon followed investigations by officers of the Royal Turks and Caicos Islands Police Force into a robbery at the parking lot of a Casino where three males robbed a victim.
Additionally, Mr. Simon is charged with the following offences, having been arrested on May 02nd, 2024, along South Dock Road.
- One Count: Possession of a Firearm
- One Count: Possession of Ammunition
- One Count: Unlawful Entry
Officers also charged a teenage minor who was in the company of Mr. Simon on May 02nd with One Count of UNLAWFUL ENTRY.
The accused, seventeen and from Kew Town, Providenciales, pleaded guilty and will be sentenced on May 20th.
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