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Crime

Elderly Tourism Man found with ammunition committed to Trial

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Wilkie Arthur

Freelance Court Correspondent

#TurksandCaicosIslands, February 15, 2024 – An elderly defendant from the United States of America appeared before her Ladyship the Hon Chief Justice(CJ) Mrs Mable Agyemang via video link from his homeland for sufficiency hearing on Friday 9th February 2024.

His attorneys King’s Counsel, Mr Oliver Smith and assisted by attorney Mrs Kimone Tennant did not challenge the sufficiency hearing and conceded that there is sufficient evidence on the papers or in the bundle to commit the accused to trial in the Supreme Court. 

MICHAEL-LEE EVANS was allegedly found with seven rounds of ammunition in his luggage upon departure at the Providenciales International Airport just before Christmas last year, on the 12th December, 2023.

He was remanded by the Magistrate’s Court on December until his sufficiency hearing in February of this year, but his attorney KC Smith filed an emergency swift bail application just before the Supreme Court was adjourned Sine Die (without date) for the holidays. 

The office of the DPP, in the person of Mrs Nayasha Hatmin opposed bail for the supposedly very ill senior citizen, but the learned Hon lady Justice Ms Tanya Lobban Jackson granted cash and signed bail to the accused and permitted him to leave the country and return for the plea and directions hearing which is now listed for him on March 22nd, 2024.

Hon. CJ, upon request by Mr. Smith, KC, reluctantly granted a far date for the old man’s plea and directions hearing (PDH). 

His PDH was to be on the February 22, along with all the other six individuals committed to stand trial at the sufficiency hearing on Friday February 9th 2024. 

However, Mr. Smith KC presented meticulous reasoning for his client, even if at the risk of briefly frustrating of the Chief Justice.  Smith requested a much later date for the next court hearing, explaining that he needed time for a decision, he was awaiting from the Court of Appeal  on a point of law regarding the issue of “Sentencing Disparity and Exceptions Circumstances” that has created a serious public outcry here in the Turks and Caicos Islands.

KC Smith said the matter involves the Attorneys General reference proceedings before the Court of Appeal and waiting the court’s findings, rulings and/or directions.

The CJ told Mr Smith that she’s not minded to push the court date any further because the matter involving the Attorney General has only to deal with sentence and nothing to do with his client going to trial. 

The CJ, in a very strong tone of voice said, “Mr. Smith KC, I don’t normally get annoyed with you but I am annoyed now, I don’t see what the Attorney General reference matter has to do with your client’s case now or being put to the next PDH.”

KC Smith still attempted to try get the CJ to see it his way and he added that he’s also not going to be in the jurisdiction at the next PDH on 22nd February. The CJ then reminded him that he’s here today before the court with his assistant Mrs Kimone Tennant allow her to do it, but he said he have conduct of the matter and would prefer doing the matter himself.

The CJ warned him that “you have used up all your Christmas presents indulgence for the year already” as she reluctantly granted him an extra month’s extension for the PDH regarding the American Tourist Michael-Lee Evans. The Plea and Directions Hearing (PDH) is set for March 22nd. 

Ms. Tassja Mitchell was for the Crown and took no position throughout but when asked by the CJ her position, she replied, “I’m guided by the Court my lady.”

The accused man’s bail was extended to his next Court date of which he will have to travel back to the Turks and Caicos Islands (TCI) as ordered by her Ladyship the Hon Ms.Tanya Lobban-Jackson when she granted him bail in December last year.

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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Crime

Plea & Directions exposes Attorney Not Ready, Accused changes Plea and alleged fake gunman remanded to Prison

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Wilkie Arthur 

Freelance Court Correspondent

At the Plea and Direction Hearing (PDH) on Thursday 25th April, 2024, a number of matters from the list were adjourned to the next PDH on 31st May, 2024 and some to other dates for various reasons.

The first case called was that of GINO GERBEX. He is represented by Mrs Kimone Tennant. He pleaded not guilty to two charges of conspiracy to supply a firearm and ammunition along with JUMILLO ISMA and others unknown. The charges were read to him via video link from the Department of Corrections and Rehabilitation (DCR). 

It reads that GINO GERBEX acting together with JUMILLO ISMA and others conspired to supply a gun and ammunition on dates between 27th December 2022 to 25th June 2023. His remand was extended to his trial date to commence on 04th October 2024 for two weeks in the Grand Turk Supreme Court. 

Up next was the case of MELIUS PIERRE. 

No charges were read to him as his attorney, Mr.Astwood Forbes, was not yet ready to proceed due to the fact he was not able to speak to his client as yet to take instruction. He is in prison on remand. 

Presiding justice in all the criminal matters for Thursdays April 25 was Mr Justice Chris Selochan and Ms. Roseanne Richardson was for the office of the Director of Public Prosecutions, who was present in court throughout. 

The court was not pleased that the accused had been coming to court repeatedly, and due to his attorney not seeing or speaking to him, the matter had to be adjourned to a later date once again. 

Deputy DPP Dr. Angela Brooks said she’s ready to proceed as she already attended court some five or more times in this matter and the matter has not progressed. 

The judge set a next PDH date for May 3, 2024.  

The accused has very serious immigration charges, such as returning to the Islands contrary to deportation order, aggravated assisting illegal entry and illegal entry.

Following was KADEN LIGHTBOURE, who pleaded not guilty for possession of imitation firearm with intent to cause fear. 

It is alleged that on 15th January this year, he used an imitation firearm to cause fear to other persons. This alleged incident was in North Backsalina, Grand Turk. 

Lightbourne is remanded until his trial commences on 20th June this year. 

His lawyer, the Hon. Mr. Willin Belliard indicated to the judge and prosecutor that he has filed a bail application for his client that is expected to be heard next week. 

Meanwhile, his remand continues.

JOHN SPENCER MISSICK has two lawyers, Mrs. Kimone Tennant represents him on an aggravated burglary involving a firearm (home invasion style) along with others as he acting together on 31st July, 2023 they did invade the occupants and stole a number of items such as:

  • Louis Vuitton bag value at $2000.00.
  • Gucci sunglasses value at $795.00.
  • Burberry sunglasses value at $395.00.
  • $700.00 in cash. 
  • A mini laptop value at $800.00.
  • Laptop case value at $20.00.
  • A Michael Kors wallet/bag value at $188.00.
  • $300.00 in cash 

Among other valuable items as well as identification cards, drivers licenses,etc, to a total value of nearly $6500.00.

SPENCER pleaded guilty with an explanation but was stopped immediately by Judge Selochan and his attorney because there’s really no such thing as ‘guilty with an explanation.’

Even though this is sometimes used at arraignment it is either you plead guilty or not guilty. T

he judge then questioned his attorney, Mrs Kimone Tennant, and she told the judge that was not in line with her instructions when she and Missick met and discussed this case. She invited the judge to allow her some more time to speak with Missick before this arraignment continues. 

The judge then granted the attorney’s request and advised that no other charges be put to him at this time. 

The case was then adjourned to the next plea and directions hearing on May 31st 2024. 

Missick’s second case was called, and his other lawyer, Ms. Sheena Mair asked for more time to speak with him as well, and it was granted. 

Both matters put to the same date, and his remand was extended to that date as well.

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