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Crime

Bail Granted to American Tourist without hassle; facing 12 Years for four bullets in luggage

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Wilkie Arthur

Freelance Court Correspondent

 

 

#TurksandCaicos, April 25, 2024 – He was busted at the Howard Hamilton Providenciales International Airport on Friday, April 16, 2024.

He allegedly had in his luggage four (4) rounds of 6.5mm ammunition on his departure to his homeland in Oklahoma in the United States of America (USA).

Ryan Watson and his wife were arrested and placed into police lock up. Both were later granted police bail, and upon return to police station the Monday after the couple’s arrest, the husband alone was charged by detective Police Constable Kimberlee Markland for unlawful possession of the four rounds of ammunition.

Watson was escorted to court on Tuesday, April 23rd, placed before the learned Chief Magistrate Mr. Jolyon Hatmin and remanded to His Majesty’s Prison until his sufficiency hearing on June 7, this (2024) year.

His counsel, Mr. Oliver Smith KC and his junior assistant Mrs. Kimone Tennant immediately sought bail for him in the Supreme Court which was heard the following day (Wednesday April 24) before her Ladyship Ms. Tanya Lobban-Jackson and was granted bail, without hassle in the amount or $15,000.00 cash or surety.

The Crown, in the person of senior public prosecutor Ms. Tassja Mitchell did not oppose bail.

Magnetic Media can report that once again on the afternoon of the Tuesday April 24th, after the accused RYAN TYLER WATSON, 41 was remanded by the Magistrate’s court, the U.S. Embassy issued an warning to it’s citizens and travelers to carefully check their bags when traveling to Turks and Caicos Islands (TCI) as TCI authorities are strictly enforcing firearm and ammunition laws and if found you could go to prison for 12 years.

A real question of great concern and public importance is: should the TCI courts sentence tourists to the full mandatory minimum of 12 years imprisonment for simple possession firearm and/or ammunition.

The succinct answer is: Yes!

The Court of Appeal, just last month said in its written judgment that “ALL PERSONS,” including tourist/visitors must go to prison if found guilty or pleas guilty to firearm and ammunition offences.

However, there remains the concern about how much time in prison a judge should give a visitor regardless of the existence of exceptional circumstances.

Should the judge imprison a visitor to the territory, who may have been wrongly informed, for example, the full mandatory minimum term or must a reduced prison term be imposed.

If TCI judges start to give less than the mandatory minimum to tourists/visitors, it is being strong and widely advocated by senior defense attorneys that the same must apply to local or residents of these Islands, who may also present exceptional circumstances.

Arguments about the equity in delivery of justice is what drove the question to the Court of Appeal late in 2023. The decision came this past February.

‘We cannot find ourselves sentencing tourists regardless of exceptional circumstances to lesser sentences, and when those same exceptional circumstances are found in local cases, it’s being ignored by our judges.’

Human Rights Attorney, Sheena Mair has on more than one occasion argued this point; including in firearm and ammunition bail applications. She would put the very same judges and prosecutors from the Office of the Director of Public Prosecution on the spot by reminding the judges and the prosecutors that precedent has been set.

‘You’ve just granted bail to a tourist for firearm and ammunition but now here’s a local person, same charge but because he’s a local he can’t get bail?  He has to be remanded pending a trial that could take years before it’s heard?’

Mair has valiantly outlined the wrong in this and clearly stated this practice is “not fair” and it’s “not proper administration of justice in the Turks and Caicos Islands.”

Ms. Mair further complained that tourists would plea guilty to possession of firearm and ammunition and be released on bail pending sentencing but as for a local, he or she has to wait on remand at the Department of Corrections and Rehabilitation pending sentencing.

The attorney criticizes the optics of such decisions and is on record reminding the Judge that the Court of Appeal has already set out that the law applies to everyone; visitors and locals alike.

A police statement issued Wednesday April 24 informs: “Today (April 24th), Mr. Watson appeared in the Supreme Court and, following a bail application, was granted $15,000 bail with the following conditions:

1)  Not travel out of TCI without the court’s permission.

2)  Surrender his passport and all other travel documents to the   court

3) Report to Grace Bay Police Station on Tuesdays and Thursdays between the hours of  8 am-4 pm,

4) Reside at the given address in Providenciales; any address change will be provided before the court.”

The American from Oklahoma whose story is trending in the US and has been carried by leading news networks was joined by a host of loved ones at the Courthouse.

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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