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Drivers who allegedly killed will not go free, Court of Appeal sides with AG Chambers to bring Defendants back

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Wilkie Arthur

Freelance Court Reporter

 

#TurksandCaicos, December 5, 2023 – A November 23rd, 2020 Causing Death by Dangerous Driving case against BRUNO LEXIME and another causing death by dangerous driving case against CAMERON STEPHON COALBROOKE on August 28th, 2021 are listed for sufficiency hearing on Friday December 1st, 2023 before her Ladyship, Hon Chief Justice Mable Agyemang.

Bruno Lexime allegedly struck and killed Mr. Kenneth John Walters, 70 in Blue Hills, Providenciales and Cameron Stephon Coalbrooke is alleged to have knocked down and killed Anricles Cherisma, 42 years old who was cycling along the Leeward highway in the vicinity of Beaches roundabout, Providenciales.

One may wonder why these 2020 and 2021 cases are just listed for sufficiency hearing?

This reporter can reveal, after questioning , it was explained that the offence of “causing death by dangerous driving” was under legal challenge that was argued all the way to the Turks and Caicos Islands Court of Appeal.

The defence had challenged whether or not Section 25 of the Road Traffic Ordinance – causing death by dangerous driving – was in force in these islands based on the 2018 revised edition of the Road Traffic regulations.

Defence attorneys had, controversially, succeeded in their arguments before her Ladyship Ms. Tanya Lobban Jackson in the Supreme Court and the cases were dismissed and taken off the court list.

However, Hon. Attorney General Mrs. Rhondalee Braithwaite-Knowles KC, Ms. Clemar Hippolyte and Ms. Timika Grant filed and argued an Attorney General reference before the Court of Appeal against the ruling of Justice Lobban-Jackson.  The outcome gave the defense a short-lived victory, as the Court of Appeal overturned the ruling which meant, the previously charged would certainly have to face the matter in a TCI court of law.

Years later, the cases are now being heard and are were at the time of this report, in the sufficiency hearing stage.

The Court of Appeal ruled in response and in support of the Hon. Attorney General on February 3rd, 2023; the case put forth as follows:

(1) A law once in force, forms part of the corpus juris and continues in force as enacted unless it is amended or repealed.

(2) A repeal may take place impliedly or expressly by subsequent legislation.

(3) The Law Revision Commissioner has no power to repeal a provision that has not been repealed by subsequent legislation, given sections 6 and 7 of the Revised Edition of the Laws Ordinance.

(4) The learned judge applied too narrow and rigid a construction to Section 10 of the Revised Edition of the Laws Ordinance in her determination that section 25 of the 2018 Revised Edition of the Road Traffic Ordinance, which contained the offence of Causing Death by Dangerous Driving, is not in force in the Turks and Caicos Islands.

(5) The offence of Causing Death by Dangerous driving remains in force in the Turks and Caicos Islands.

The CJ will hear both matters as they are now and determine if sufficient evidence is on the papers/bundles to commit both Causing Death by Dangerous Driving cases to move to trial stage in the Supreme Court.

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InvestTCI facilitates the Development Agreement Between TCIG and Molo Hotel Group 

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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.

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Crime

Male Charged with Robbery

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#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.

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Crime

Dock Yard Male Charged  

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#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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