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TCI: Court Justice reports: Votes Must Count; Two Candidates rank higher, but General Election results unchanged

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#TurksandCaicos, June 10, 2021 – Two All Island Candidates got more votes than the final, official results showed and while this will not change the outcome of the general election, it does change how each person finished historically.  Both Jamell Robinson, an all island candidate on the PNP ticket and Karen Malcolm, an all island candidate for the PDM have moved up in placement because a block of voters were left out and off of their final tally.  This was concluded by Justice Carlos Simons, QC who accepted the request of the Governor to review the complaints of not one, but two candidates from the February 19 national poll.

“…His Excellency the Governor asked me to undertake this effort. Summarizing his email correspondence of 26 April and surrounding conversations, he noted the key objectives to be: a) Maintaining public confidence in the accuracy of the electoral process; b) Understanding the details that underpin Hon. Robinson’s complaint and whether and what remedy is/was available, and if there were courses of action open to him under the Ordinance that he could or should have utilized to ensure that this late challenge was not needed; and c) Produce a Report on this basis or any other basis necessary as befitting a matter touching and concerning the Constitution and the democratic process. 10. A day later His Excellency brought to my attention a similar complaint from Hon. Karen Malcolm and asked that I widen the scope of my inquiry to include that, to which I agreed,” outlined Simons in his report, which was made public on June 8, 2021.

 Justice Simons said Turks and Caicos was fortunate, this time around that the discrepancies in tallies for the concerned candidates did not change the overall election results, but strongly advises that changes be made and recommendations taken on how to ensure this never happens again. 

“We are lucky that in neither case was the diminishment of votes sufficient to affect the overall result of the election for either candidate or for their Parties. And in the absence of any evidence of fraud, it seems to me the proper response would be to see how the system can be made less vulnerable such human errors in the future. Before we go there however, I have been asked to consider what remedies the candidates might have availed themselves of under the Ordinance.”

Simons, a former candidate himself said what was most bothersome to him was that voters who would have wanted their voice to be heard in their selection of a candidate would have been missed out, had the candidates not questioned their individual and cumulative results. 

“The entitlement to vote is provided for by s. 55 (5) of the Constitution and s. 10 of the Ordinance. The issue in play in both cases here is important because each miscounted vote, or uncounted vote represents a denial, or at least a distortion of the electors’ right to choose their representatives in the House of Assembly. The fact that the numbers by which the votes of these two candidates were under reported were not sufficient to affect the overall outcome is not relevant to this fundamental consideration.”

In the case of Karen Malcolm, who was on her second run as an at large candidate; her final results after ballot counting left out all of the people who voted for her in North and Middle Caicos or ED4.  All 39 of the votes cast were left off the tally.  It takes her from the recorded 2,491 votes nationally to 2,530; she finishes in sixth place and as the top performing People’s Democratic Movement candidate; a step up from second. 

In the case of Jamell Robinson, he was shorted 82 votes and the shortfall came in The Bight, ED6.  It makes Robinson, as he had claimed, the second best performing candidate not just for the Progressive National Party but overall; falling second to Washington Misick, with his now confirmed 3,500 votes. 

The Governor in releasing the full report concludes that he accepts the findings and conclusions; explaining Justice Simons did the work pro bono.

“I accept all of his conclusions and recommendations as do the Candidates and the Supervisor of Elections.

Of importance to the two ‘All Island Candidates’, and to those who voted for them in two electoral districts, Justice Simons concludes that: Honourable Jamell Robinson and Honourable Karen Malcolm both polled more votes in ED6 and ED4 respectively than were recorded in the final election results.  The accompanying conclusion is also important because had those additional votes impacted the election results, then the impact would be significant.  That conclusion is however that the number of votes made no difference to the election result, in either case,” said the Governor in his statement on the Election Discrepancies Report.

Suggestions have been made by both Robinson and Malcolm on what “guard-rails” could be established to avoid any repeat and “These improvements will therefore be incorporated by the Supervisor of Elections in future elections,” advised Governor Dakin. 

The Governor reiterated, there was no election fraud and that electoral law is uninterested in the ranking of the five all island candidates; only that the top five finishers be counted as members of the House of Assembly and in this case, fortunately, all five of them are.

“In terms of whether the official election result – in terms of numbers polled – can be retrospectively changed, the answer is that it cannot. As far as electoral law is concerned, the Ordinance is entirely uninterested in the relative ranking of ‘All Island Candidates’ save to say they are either in the top five, or they are not.  They win or they lose. They gain a place in the House of Assembly or they do not.  While Justice Simons does not say it, the fact that such rankings may or may not be important in terms of internal party considerations, is not the concern of the law nor, therefore, the Supervisor of Elections or the Courts who must be guided by it. Justice Simons explains in his report the error made no difference to the election result, and that is all the Elections Ordinance seeks to achieve,” explained HE Nigel Dakin in his June 8 statement.  

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Family of 16 yo Tourist claims negligence in jet ski death; TCI Coroner’s Court hearing evidence

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Dana Malcolm 

Staff Writer 

 

#TurksandCaicos, May 2, 2024 – The family of a 16-year-old who died in Grand Turk six years ago while on a Carnival Cruise into Grand Turk is a little closer to closure as the Turks and Caicos Islands Coroner’s Court has opened his case for an inquest.

“On Wednesday, May 16th, 2018, at 11:30 a.m. Police and Emergency Medical Officials responded to a two-jet-ski collision that left a 16-year-old male dead, near the Cruise Terminal in Grand Turk. Two people were involved in the collision. The second male did not receive any injuries. This incident is under Police investigation.”

That was the brief police report in the aftermath of Nicholas Twyman’s death.

In the comments dozens of residents and visitors claim to have been on the scene that day, as the boy was pulled ashore, some trying to assist while others looked on, horrified.

Coroner Mickia Mills called up the case on March 21, 2024 almost six years after the incident occurred. Mills is in charge of finding out what exactly happened that day in Grand Turk and whether there was any negligence or if it was simply a terrible accident.

That verdict will be for the coroner and her potential jurors to decide. However, the family has shared their version of what happened that day.

A lawsuit filed in Florida Courts in October 2019 (Twyman v. Carnival Corp) detailed the heartbreaking hours that led up to the death of Nicholas. In it, the plaintiffs, listed as Gyjuanna TWYMAN and Michael Twyman, claim that they docked in Grand Turk and were curious about using the jet skis; both parents and the son were told by the Carnival team aboard the ship that there was not a formal shore excursion in Grand Turk involving jet skis, but that jet skis would be available for rent by the hour.

The family from Indiana claims three jet skis were rented, one for Nicholas, another for his father, Michael, and another for a different passenger, while their mother remained ashore. Wet Money Enterprise is listed as the jet ski company.

The family says they were given little instruction on using the Jet Skis, especially their son who was a new rider.  The lawsuit maintains that Michael was not given any instructions other than being told where the kill switch was and not to ride too close to the cruise ship.

Sometime during his excursion, the young man crashed into the other jet ski. The family claims that neither Carnival Cruises nor representatives from the jet ski company responded. They say it was his father who spun around on his own jet ski, dived into the water for his son, and brought him to shore.

Once there, it was the young man’s mother, a registered nurse, who started emergency medical care.

When Turks and Caicos’s EMS did arrive after 15 minutes the family claims they were unsure how to use certain medical implements and had to be directed by the distressed mother.

The court documents list the cause of death for the young man as blunt force trauma and drowning, similar to what is listed in the TCI courts.

Coroner Mills, who took up her position in 2024, will oversee the proceedings which continued on Tuesday, April 23rd.

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Will DPP Office ‘No Show, No Call’ cause criminal cases to be Dropped?

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Wilkie Arthur

Freelance Court Correspondent

 

#TurksandCaicos, May 2, 2024 – On a bright and early Monday morning (15th April, 2024) in the Supreme Court before presiding lady Justice Ms. Tanya Lobban-Jackson and before His Honor The Chief Magistrate Jolyon Hatmin in the Magistrate’s Court, both courts were once again unable to proceed on its scheduled commencement time due to non or failure of attendance by the Prosecution of the Office of the Director of Public Prosecution (DPP).

Given the fact that this has now happened on more than one occasion, in both the Supreme and Magistrate’s Courts, judges and the learned Chief Magistrate have reached its final straw; they have cited the ‘no shows’ as a disrespect and a disregard for prompt and proper time management to be in attendance for legal proceedings.

From this reporters’ perspective, it appears the prosecution shows up when they like, any time they please and some are guilty of not showing at all without a call or message of explanation for the absenteeism.  The repeated instances have been called, “embarrassing” for the Office of the DPP, when defense counsel and the accused are present in the courtroom but the prosecutor is a ‘no-show, no call, no text.’

On at least two or three occasions, the Supreme Court judge was forced to return to her Chambers; exiting the court with a strongly worded warning, only to return with there still being no member of the Director of Public Prosecution present in court.

There has also been a promise that even serious cases could be dismissed due to this inappropriate practice.

In the final weeks of April, the country learned of a review by a KC out of the UK, who was looking into case progression at the DPPs office.  The Office has also hired a new Director, Philip Bennetts, KC, who takes office in the beginning of June, informed a TCIG media release.

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Concacaf x Generation Amazing, Turks and Caicos Islands Launch

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#TurksandCaicos, May 2, 2024 – Thursday, April 25, 2024, marked a momentous occasion for The Turks and Caicos Islands Football Association with the launch of the Concacaf x Generation Amazing Program. This program, supported by the Turks and Caicos Islands Ministry of Education, is currently benefiting 21 public and private primary schools across the Turks and Caicos Islands, encompassing both sectors of education. The primary objective of the Generation Amazing program is to educate and certify teachers to serve as volunteer coaches in sports development and safeguarding practices. Through this training, coaches will deliver football programs to children, aiming to catalyze positive social change within our communities that will continue to thrive for years to come..

The program not only emphasizes teaching children the basics of football but also focuses on instilling core values like teamwork, respect, and leadership. The initiative offers children the chance to enhance their physical well-being while nurturing essential life skills that can contribute to success beyond the field.

TCIFA President, Sonia Fulford, conveyed her appreciation to Concacaf, Generation Amazing, and the Ministry of Sports of the Turks and Caicos Islands for their involvement and support. She highlighted the significance of the project, pointing up a positive impact on the Education Ministry. Generation Amazing’s initiative is also seen as a valuable opportunity to enhance both the educational and athletic aspects within the community. “We’ll have more well-rounded teachers, and well-rounded students, not only from an educational standpoint, but a sporting standpoint. For us it’s a big win!” The President expressed excitement for the project, foreseeing an increase in skilled players and coaches, ultimately benefiting the organization significantly.

Jarret Forbes, Director of Sports, commented, “We are excited about the launch of the Generation Amazing programme here in the Turks and Caicos Islands. We commend the TCIFA for taking a holistic approach to student empowerment through sports. And we are grateful for the interest and support from CONCACAF and the Department of Education in developing our young athletes.”

Alvin Parker, Deputy Director of Sports, also expressed his enthusiasm regarding the upcoming chance for educators to apply their acquired knowledge. Viewing the term ‘Generation Amazing’ as a rebranding concept for Generation X, it is with high anticipation that the program will inspire and instill optimism within the younger demographic.

A devoted team collaborated diligently to ensure the successful initiation of the program. Spearheading the launch for Concacaf were Jennifer Roche, the Concacaf CSR Coordinator; Andre Virtue, Concacaf Coach Educator; Cristian Cubillas; and Garry Stannecc, the Sport For Development Consultant for Concacaf. The local facilitators comprised Dane Ritchie, TCIFA Technical Director; Olivia Graveley, Director of the Grand Turk Football Program; Yunelsis Rodriguez Baez, Director of Women’s Football; and Damien Grant, TCIFA Coach Educator and South Caicos Football Development Officer. The launch encompassed a comprehensive two-day training session for teachers, which will be followed by a mandatory six-week program involving a minimum of 25 students from each school. The program’s execution will be supervised by our Local Facilitators in with the support of Generation Amazing staff. Furthermore, the program will offer support to schools by furnishing footballs and essential equipment.

Jennifer Roche elaborated on Concacaf’s emphasis on Social Impact strategies, highlighting the significance of extending focus beyond on-field activities. “Last year, our CSR brand, ’The Bigger Game’ launched and the ‘Generation Amazing’ Program is one of the programs under the pillars of access to play and coaches education. This program is focused heavily on capacity building and giving tools to teachers, community volunteers, and other community leaders to empower and change lives through our beautiful game.”

Andre Virtue commented, “Obviously, we see the sport and the opportunity it has to grow. But, at the core of it is the coaches and how the coaches engage with our youth. We see the social issues that our youth already have to deal with on a day to day basis, and the dependence on either the parent or some adult to guide them and to mentor them is assumed. And, there is an intentional approach to how we’re communicating life values as it is very important.” Distinguishing between athletic prowess and life skills, Andre indicated that Coach Educating initiative aims to bridge this gap by aligning sports experiences with essential life lessons. The football field, as a dynamic environment, serves as a valuable classroom where the intricacies of life are intertwined with the game’s dynamics. “There are so many things that happen on the football field that are connected to life. The game is a great teacher, but there is an intentional and deliberate attempt to teach those values. It’s just the winning, the losing, the ups and the downs that come out of the game.”

Dane Ritchie further explained that the program also adopts a personalized approach, focusing on individual needs rather than viewing the children as a collective group, thereby maximizing the positive impact on each child. The aspects of conflict resolution, and nurturing respect are deemed integral to the game and are leveraged to impart essential life skills crucial for their development.

CherylAnn Jones, Permanent Secretary to the Ministry of Education, Youth, Sports, and Social Services, communicated the Ministry’s unwavering support for the Concacaf x Generation Amazing program and its potential to bring about significant transformation. The Ministry’s ethos, centered on Human Capital Development, resonates strongly with initiatives like Generation Amazing, which focus on nurturing leadership qualities, teamwork, and community spirit among today’s youth for the benefit of future generations. “A key tenant of the Generation Amazing program is its emphasis on child safeguarding and so this program aligns with our policy of ensuring that children learn, grow and develop confidently in a safe and nurturing environment. We are delighted to be partners with Concacaf and TCIFA, and applaud these organizations and their continued programs among our young people. We also applaud our principals, physical education teachers, and coaches who will be trained as facilitators in our schools to implement the program, as well as the Sports Commission. We believe that that commitment through football will create positive change.”

 

For more information, please contact TCIFA Office Manager | Marketing and Communications Coordinator, Candia Ewing at 941-5532 or cewingtcifa@gmail.com

Address:

TCIFA National Academy

Venetian Road 

Providenciales

Turks and Caicos Islands 

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