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American MICHAEL LEE EVANS sentencing June 19, Prosecutor sides with Defence on Prison Time

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Wilkie Arthur
Eagle Legal News Media

 

#TurksandCaicos, June 4, 2024 – Mr. Oliver Smith KC told her Ladyship The Hon. Ms. Tanya Lobban Jackson said that “to sentence his 72 year old terminally ill client to prison, would be passing a death sentence on him.”

Last week on Tuesday May 29th in the Supreme Court before her Ladyship The Hon Ms. Tanya Lobban Jackson, in the criminal case against the oldest American that is charged before the court for ammunition possession in the Turks and Caicos, came up for sentencing submissions.

MICHAL LEE EVANS of Texas is one of three Americans awaiting sentencing in the controversial cases, which have spawned numerous headlines.

Attorney Smith did not pull any punches and during his argument landed some serious blows when bringing to light the facts of the matter in the case of his client who was a very ill man.

Smith argued that under no circumstances should EVANS be sent to prison for the seven rounds of 9mm ammunition found in his luggage as he departed Turks and Caicos Howard Hamilton Providenciales International Airport on December 12th last year.

The court learned that in this particular case, the Prosecution, being the proper ministers of justice they are, did express and agree that this is a case of ‘exceptional circumstances.’

Ms. Roseanne Richardson, senior public prosecutor speaking on behalf of the office of the Director of Public Prosecution told her Ladyship that they are in full agreement with everything that KC Smith submitted on behalf of his client, however, they took exception to one point. That is, they do not agree and believe the Court has the power to suspend a sentence where the mandatory minimum is beyond two years imprisonment.

Senior Public Prosecutor Richardson informed that her submissions were, regardless of the finding of exceptional circumstances, the court cannot suspend the custodial sentence in cases where the mandatory minimum is beyond two years.

KC Smith strongly disagreed, but he wasn’t able to carry the Court to any law in support of his disagreement nor was he able to convince or persuade the learned Judge Lobban-Jackson that she was acting correctly by suspending sentences after finding exceptional circumstances and intends to sentence to two years or less.

However, having heard both sides and given the fact there was only one specific area that was in dispute “re: suspending of the sentences” the Court invited counsel for the prosecution to go with her to paragraph 126 of the Attorney General’s Reference handed down in February of this year and the judge expressed, it was in that section or paragraph where she is duly empowered to hand down suspended sentences where the Court finds exceptional circumstances and intends to sentence to two years and/or less than two years imprisonment.

The revelation left Roseanne Richardson with limited words following the evidenced validation by her Ladyship. The DPP’s Office rested on the point with, “I see my lady, and I am guided by the court.”

The matter is now adjourned to June 19 for the actual sentencing of accused, MICHAEL LEE EVANS of the United States.

It was not expressed at the close of the hearing if the defendant had to return from America on the 19th for his sentencing in person, though it was clearly laid out at his bail hearing that it was expected that Evans would have to attend sentencing in person.

At the May 29th proceeding, Evans, who was granted bail in December 2023 due to the fragile state of his health, attended court by video link.

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Education

Ministry of Education and DECR announce Green Flag Awardees

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Providenciales, Turks and Caicos Islands – Schools from across the Turks and Caicos Islands gathered to showcase their environmental initiatives at the ‘Greening Our Schools’ awards and presentation ceremony. Attended by ministries, departments, officers, teachers, students and parents, the event highlighted the innovative and creative projects developed by students to reduce their carbon footprint.

The ‘Greening Our Schools’ initiative is an environmental and conservation program focused on four key pillars: biodiversity, waste management, energy conservation and water conservation. Through this programme, students implemented new initiatives and technologies within their schools to promote sustainability and environmental stewardship.

During the ceremony, 12 of the 17 participating schools were honoured with the Green Flag, an eco-symbol representing a green school. This recognition underscores the schools’ commitment to sustainability and environmental excellence.

Green Flag Awardees:

  • Adelaide Oehmler Primary School
  • Charles Hubert James Primary School
  • Clement Howell High School
  • Eliza Simons Primary School
  • Enid Capron Primary School
  • International School of the TCI
  • Iris Stubbs Primary School
  • Marjorie Basden High School
  • Oseta Jolly Primary School
  • Provo Primary Middle School
  • Raymond Gardiner High School
  • Thelma Lousie Primary School

Primary School Category:

  • Second Runner-Up: Provo Primary (Biodiversity) 
  • First Runner-Up: International School of the Turks and Caicos Islands (Waste Management)
  • Champion School: Enid Capron Primary School (Water Conservation)

Special Prizes:

  • Green Ribbon for the most innovative project
  • $1,000 from the Department of Education
  • $1,000 from Provo Water Company
  • Supplies and  6 months of technical support from EA Landscaping
  • $300 Cash Prize TCI Waste
  • School Supplies (Fortis TCI)

High School Category:

  • Second Runner-Up: Clement Howell High School (Biodiversity)
  • First Runner-Up: Raymond Gardiner High School (Biodiversity)
  • Champion School: Marjorie Basden High School  (Biodiversity)

Special Prizes:

  • Green Ribbon for the most innovative project
  • $1,000 from the Department of Education
  • Supplies and  6 months of technical support from EA Landscaping
  • $300 Cash Prize TCI Waste
  • School Supplies (Fortis TCI)

The Department of Education and the Department of Environment and Coastal Resources (DECR) extend their heartfelt thanks to our sponsors: EA Landscaping, TCI Waste, Provo Water Company, and Fortis TCI, for their invaluable support throughout the programme. This event demonstrated the power of student-driven initiatives in fostering a greener, more sustainable future for the Turks and Caicos Islands. We encourage all schools to continue their efforts and look forward to even more innovative projects in the coming years.

The Minister for Education, Honourable Rachel Taylor speaking to participants stated, “To those schools that were awarded the prestigious Green Flag or Green Ribbon, congratulations on your outstanding efforts. Your commitment to sustainability and your innovative approaches set a powerful example for all of us. Your achievements are a testament to what can be accomplished when we work together toward a common goal. To the schools that were not awarded, I would like to encourage you to take up the task again. You can do this!  The Green Flag is not just a symbol of your hard work but a beacon of hope and inspiration for the entire country.”

The Greening Our Schools initiative will continue, with registration reopening TODAY, Tuesday, 25 June 2024. Schools are reminded that the Green Flag is a prestigious honour that can be revoked if sustainable projects are not maintained during the next assessment period. Schools may use the following link to register their school, they can also contact programme leads Elisann Delancy (edelancy@gov.tc) or Amy Avenant (aavenant@gov.tc) for more information.

Speak to your school’s principal and register TODAY!

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News

Public Consultation for the proposed Sail Rock Highlands Subdivision and Canals, South Caicos

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#TurksandCaicos, July 3, 2024 – The Department of Planning acknowledges the submission and subsequent approval of application SC855 at the 762nd meeting of the Physical Planning Board, for the proposed Sail Rock Highlands Subdivision and Canals in South Caicos. While we acknowledge that some citizens have raised concerns about potential environmental impacts, including the preservation of vital habitats and indigenous species, it is our commitment to address these matters thoroughly.

To ensure transparency and community involvement, the Department of Planning, in collaboration with the Department of Environment and Coastal Resources, will host a public consultation on Tuesday, July 16th, 2024 at 6 p.m. at the Community Centre, District Commissioner’s Office, Sarah Hill, South Caicos, Turks and Caicos Islands. The goals of this consultation are:

  1. To further inform the public about the status of the proposed development application and the steps to be completed before any commencement of construction.
  2. To listen to and address any concerns from South Caicos residents.

We extend a cordial invitation to all residents of South Caicos to participate in this important session. Your insights and engagement are vital as we work together to shape the future development of South Caicos. Join us in fostering both growth and environmental stewardship for the continued prosperity of the Turks and Caicos Islands.

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News

Police answer to Coroner’s Court Inquiry on 26 MURDERS in Turks and Caicos

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Wilkie Arthur

Eagle Legal News

 

#TurksandCaicos, July 3, 2024 – Family, friends and loved ones of HOMICIDE VICTIMS in the Turks and Caicos, in particular those in Providenciales are hopeful and Eagle Legal News Media informs that not all hope is lost as some seek justice for beloved deceased family members, friends or loved ones.

Ms. Mickia Mills, the Honourable coroner of the Turks and Caicos Islands has been hearing as many as 26 homicide cases to ascertain the status of the investigation by the Serious Crimes Unit of the TCI Police Force.

Eagle Legal News Media was present in the Coroner’s court when the commencement of some of the deceased names’ were called, and Senior Police Supervisor of the Serious Crimes Unit detective Charles was questioned by her honor the Coroner Ms MICKIA MILLS as to the status of these investigations.

While this reporter was present in court, all of the cases called, provisional cause of death for each person were labeled as HOMICIDE by the Pathologist who performed an autopsy on the body of each person separately at various different times and dates. The majority caused of these HOMICIDES were by multiple gunshot wounds about the bodies.

Coronial matters called on Thursday 27th June 2024, were: (1) ERVIN KENRICK GLINTON – HOMICIDE; (2) JERON MERVEILLE – HOMICIDE; (3) EDRIN EMILE SIFFRARD – HOMICIDE; (4) KARO OUTTEN – HOMICIDE; (5) EROD CHAUTE – HOMICIDE; (6) TENSE SAINT LOUIS – HOMICIDE; (7) DESMOND DONAHUE ARTHUR – HOMICIDE; (8) DAVID LEON MCINTOSH – HOMICIDE; (9) WOODY ROUSSEAUX – HOMICIDE; (10) DERRICK LENDELL MISSICK – HOMICIDE; (11) GUILENE JEAN BAPTISTE – HOMICIDE; (12) ELUMA DESHOMMES – HOMICIDE; (13) MIKE FORBES – HOMICIDE and (14) JUMILLO ISMA – HOMICIDE

Coronial matters, to be called on Friday 28th June 2024: (1) GETHRO PIERREVIL – HOMICIDE; (2) JOHN DOE #5 (SUSPECTED MISSING) – HOMICIDE; (3) PAULANJO GARDINER – HOMICIDE; (4) RICARDO LOFTON ROBINSON – HOMICIDE; (5) BRIAN LEON WILLIAMS JR. – HOMICIDE; (6) RODNEY DORVIL – HOMICIDE; (7) JOHN DOE #3 – HOMICIDE; (8) RASCARI COX – HOMICIDE; (9) MIGUEL PIERRE – HOMICIDE; (10) CORDARO TIMOTHY FIDEL SEYMOUR – HOMICIDE; (11) STEWART HARRIS – HOMICIDE and (12) TAMIA IKEA DEASHA SIMMONS – HOMICIDE.

For the most part, the majority of the homicide matters called, when D/Sgt. CHARLES were questioned by the Hon. Coroner as to the status of these investigations, he said, “they are still ongoing.”

The Hon. Coroner then postponed her investigative inquest proceedings to allow Police to further investigate each live ongoing matter. Some may wonder why they have not seen their family, friend, or loved one name on this above list, do not lose heart, as their names could possibly make a future listing as these homicide coronial matters continue.

We extend our condolences to all those who suffered lost on the above list, and acknowledge and reflect that June is commemorated as “STOP THE GUN VIOLENCE MONTH” , poignant as most on the list died due to a firearm.

We will continue to follow proceedings at the Coroners’’ Court.

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