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PDM ordered to pay 67% of Legal Fee as Application to reverse DMMO is stopped in Civil Court

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Wilkie Arthur

Freelance Court Reporter

 

#TurksandCaicos, December 21, 2023 – Magnetic Media was the only news media house present in the Supreme Court in the afternoon hours on Monday, December 11th, 2023, as his Lordship handed down his ruling in the application for leave to apply for judicial review of the DMMO set in motion by the Opposition party, People’s Democratic Movement (PDM).

His Lordship promised to issue written detailed reasons for his decision that will be tailored in line with his verbal reasons, handed down, when he gave his decision orally in open court on December 11th, 2023.

No one from Attorney General Chambers, nor any representative of the PNP was present in person, in Court on decision day. However, they did appear by link in the persons of Senior Crown counsel civil division, Ms. Clemar Hippolyte and her junior assistant, Ms. Khadija Macfarlane.

PDM had a very strong support team at the decision hearing present in court, in the persons of Deputy leader of the opposition, Robert Been, Jr; Mr. Erza Taylor, PDM chairman; former minister of Tourism, Ralph Higgs and the PDM’s appointed member, Alvin Garland who on behalf of his party, filed the matter.

Representing the Application was George Missick, attorney at law.

Having heard the appearances in the matter, the judge went on to give his oral decision regarding the application.

He said the applicants did not move or act promptly and that resulted in undue delay in bringing the application before the Court.

He said that in his deliberation, he did invite the parties to provide further submissions and authorities in support of a specific area regarding the application, but what was provided did not take the case for the PDM any further.

He spoke about the guidelines outlined within the parliamentary Standing Orders, which provides recourse; adding that the PDM could have made use of those provisions.

The judge also said he agreed with the Attorney General Representative that he has no jurisdiction to QUASH two already passed bills which are now activated as part of TCI legislation governing the operation of the Destination Marketing and Management Organization, DMMO.

Justice Chris Selochan enforced this by outlining that he is in agreement with a very old case law which clearly supports that no parliament decision can be reviewed by any court of law, unless constitutional breaches exist or arise.

In this matter, the judge said the PDM application had no constitutional grounds.

As it relates to the PDM’S most forceful argument of “no proper consultation or no consultation at all,” the judge said, if he had granted leave to the PDM, this ground would have become relevant as he would have had to hear evidence in that regard.

However, as the case did not advance, the information was not really considered in the ‘application for leave’ stage.

Judge Selochan concluded by saying, in all the circumstances outlined, I therefore refuse leave to judicial review the DMMO.

He then invited Senior principal civil crown counsel Hippolyte to address the court on cost. She asked for full cost from the PDM as she said they should have never brought this application against the Government.

The court then heard from senior civil attorney Mr. George Missick on why they should not pay any cost at all but the Judge ruled that two-thirds of the cost must be paid by the PDM and if not, must be taxed in default.

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Mother’s Day has meaning Across the World, in the Region and right at here at Home

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May 11, 2024 – Mother’s Day has a rich history that dates back to ancient times when Greeks and Romans held festivals to honor mother goddesses. However, the modern Mother’s Day as we know it originated in the early 20th century.

The official Mother’s Day holiday in the United States was first proposed by Anna Jarvis in 1905, as a way to honor her own mother who had passed away.

Her efforts led to the first Mother’s Day celebration in 1908, organized by her at a church in West Virginia. The holiday gained popularity quickly, and in 1914, President Woodrow Wilson signed a proclamation designating the second Sunday in May as Mother’s Day, a national holiday to honor mothers.

Since then, Mother’s Day has become a widely celebrated occasion around the world, with people expressing their love and appreciation for their mothers and mother figures through gifts, cards, and special gestures.

Mother’s Day is celebrated in various countries around the world, although the dates and traditions may differ. Among the many marking the celebration of mothers is the United States, Nigeria and United Kingdom (which had Mother’s Day in March), Canada, Australia, India, Mexico (marked Friday May 10), Brazil, Japan, South Africa and France (later this month May 26).  These are just a few examples, as Mother’s Day is observed in many other countries as well, each with its own customs and traditions for honoring mothers and motherhood.

In the Caribbean, Mother’s Day is also marked with vim and vigor and reverence.

When you talk about island nations like Jamaica, Trinidad and Tobago, Barbados, Turks and Caicos Islands and The Bahamas, among others, all observe Mother’s Day with celebrations that often include special church services, family gatherings, and the giving of gifts and cards to honor mothers and mother figures.

Traditional foods and music may also be part of the festivities staged in the neighbourhood or huge family groups will flock to their favourite dining spots for brunch.

It is not unusual to see Mother’s Day concerts, national awards ceremonies and luncheons making it a striking and joyous occasion for families eager to show appreciation for the important women in their lives.

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Man charged with illegal importation; 14 vials of liquid marijuana shipped in from Canada

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Wilkie Arthur

Freelance Court Correspondent

 

#TurksandCaicos, May 11, 2024 – A former FedEx employee and now fireman, TRISTON NEWBOLD is on trial for allegedly illegally attempting to import 14 vials of “liquid marijuana vapes” into the Turks and Caicos from Canada.

It is alleged that on Wednesday January 8, 2024 at Cairsea Services transit shed on Providenciales, he did improperly import a quantity of suspected THC vapes cartridges, packages in a manner appearing as intended to deceive Customs officials.

The trial is underway part-heard before his honor, the Chief Magistrate Mr. Jolyon Hatmin.

It commenced in the Magistrate’s court on Tuesday April16th.

Senior Customs officer of 18 years, Alton Scott was the first witness called by the public prosecutor, Ms. Alima Alexis, for the Crown. Scott testified that he was called to Cairsea Services concerning a package that arrived from Toronto, Canada bearing the accused’s name.

The Senior Customs officer said when he arrived, around 11:35 a.m. and sent for the accused man he returned.  Newbold was reportedly asked if that was his name on the package, at which time he acknowledged that it was.  He was then asked, if the package was his, again he said yes it was his.

Senior defense counsel, Mrs. Lara Maroof-Misick challenged that testimony, however officer Scott did not alter his account of the events of that day; adamant that the accused man ‘told me the package was his.’

Other items besides the suspected cannabis vapes oils were in the package, including two small stuffed animals, two small toy balls and other unsuspicious items.

The senior customs official told the court that they tried to rectify this within their powers under the Customs Ordinances by charging TRISTON NEWBOLD a fine of $1,500.00, and that would be the end of the matter, and they had also given him some time to pay the fine, however, the accused refused to pay within the time frame offered and was subsequently arrested and charged to appear before the court.

Mrs. Lara Maroof Misick questioned the senior officer about interviewing or recording statements from her client whilst the investigation interviews were ongoing, after which the trial was adjourned.

The trial continues on May 30th 2024.

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Caribbean News

Magnetic Media attends Caribbean Media Summit, in focus AI in Journalism

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Dana Malcolm 

Staff Writer 

 

 

May 11, 2024 – Using AI in journalism and the Caribbean context was the focus of the 2024 Caribbean Media Summit when regional professionals met from May 8 – 10 in Kingston, Jamaica.

Dana Malcolm, Journalist and News Anchor

Now in its 3rd year, but 1st in-person session following COVID-19, the summit gathered panelists and presenters from the BBC, Broadcasting Commission of Jamaica, Reuters Institute and more. Championed by the Media Institute of the Caribbean, US Embassy, and  Press Association of Jamaica, it focused on introducing journalists to safe and ethical AI use.

Stakeholders from all areas of media were involved, both in person and virtually including dozens of Journalists, regulators (Broadcasting Commission of Jamaica) policy makers (UNESCO) and the creators of AI themselves, including Neil Sanota BM Master Inventor.

Also shown at the event was a new iteration of the UNESCO AI Roadmap for the Caribbean which used needs assessments to create a four pillar AI strategy for the Caribbean. The roadmap focuses on AI for use in Culture and Creativity, Governance and Transformation, Upskilling and Education, and Resiliency and Sustainability.

A particular point shared by panelists was that the digital divide that exists regionally, currently, would only worsen with AI introduction and in order to keep up with the world and manipulate AI as a tool for good Caribbean residents would need to be sensitized and trained in is use

Presenters at the summit included, Petra Abbam, Principal Responsible Al Manager at the British Broadcasting Corporation (ВВС); Brant Houston, Co-Founder of the  Global Investigative Journalism Network; Wesley Gibbings Co-Founder of the  Association of Caribbean Media Workers; Marcellus Alexander. Director at the Scripps Network; Nic Newman, Senior Research Fellow at the Reuters Institute for the Study of Journalism Oxford University; and Canute James, award winning  International Journalist and Lecturer at the Caribbean School of Media and Communication (CARIMAC).

Attending were more than 200 journalists and media professionals from over 50 countries including Magnetic Media representatives: Deandrea Hamilton, CEO; Rashaed  Esson, Journalist and Caribbean News Anchor; Sherrica Thompson, Journalist and Production Lead; Dana Malcolm, Journalist and News Anchor and Shanieka Smith, Journalist and Social Media Co-ordinator.

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