Wilkie Arthur

Freelance Court Correspondent

A Dominican female, after allegedly being sexually assaulted, allegedly recorded performing sexual acts and allegedly threatened and held against her will overnight by a jitney driver will have to wait a little longer for the conclusion of the matter.

Identified as the accused in this case is ELVETHAN MCFAIAN HANDFIELD, 47 of Parrot Cut Street, Cooper Jack, Providenciales; it is in the area residents call, Glass Shack.

Hon Chief Magistrate, Mr Jolyon Hatmin has remanded the man to prison until his sufficiency hearing on June 7, 2024.

A Dominican woman, resident in Dock Yard, Providenciales reported to police that she was on the road waiting on a jitney when she was picked up by the accused HANDFIELD.  She said he asked her where she’s going?  She said she told him to Dock Yard and then jumped into his car.  The woman said she had just gotten off from work and wanted to get home, instead, the driver allegedly detoured to what she suspected was his home, where he reportedly pulled out a knife and forced her inside.

The woman was held captive, according to her account of events to Police.  Raped repeatedly between Friday April 19th to Saturday April 20th; and then was threatened not to report the matter or face being humiliated, because her alleged attacker recorded the sexual encounter, without her consent and was prepared to post it online.

 Officers of the Safeguard and Public Protection Unit arrested ELVETHAN HANDFIELD shortly after the release of the woman, who filed a formal complaint. He was subsequently charged by female detective Ms. Michelle Goslyn with two acts of rape of female complainant, her identity revealed but which we withhold due to the sensitive nature of the crime.

The charges were laid against him on Friday April 26 and his court appearance was on Monday, April 29, 2024. HANDFIELD was not required to enter a plea as the CM explained to him that these are indictable offenses. The serious nature fit only for a Supreme Court trial.

In his attempt to get bail, as he was unrepresented at the arraignment, Ms.Tassja Mitchell of the DPP’s Office outlined all that is mentioned above and further told the Court that he there are other investigations pending, with more charges to come for the man who is known to the Police.

Mitchell explained that the Crown is opposing bail; expressing sincere concern for public safety if the suspect were to be released.  

While the Chief Magistrate dismissed hearing more about the other matters pending against ELVETHAN HANDFIELD.  

The Senior Public Prosecutor, Tassja Mitchell, in making a case for NO BAIL expressed to the Court that the Rehabilitation of Offenders’ Ordinance prevented her from giving the details of HANDFIELD’ convictions.

Bail for the man was denied; he is currently on remand at His Majesty’s Prison in Grand Turk.

Dana Malcolm 

Staff Writer 

Americans need to check their luggage for contraband including bullets before leaving home or expect long jail times and hefty fines that advice is coming from within their own country courtesy of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

In an article last updated February 14, 2024 the ATF said.

“While you’re packing your sunscreen and snorkel gear, don’t forget to check your luggage and clothing to remove all guns and ammunition. Many countries in the Caribbean do not allow possession of firearms or ammunition unless you have a local permit and, if arrested while traveling, the United States Embassy will not be able to secure your release.”

Recent arrests of visitors in the Turks and Caicos islands for ammunition possession have garnered international attention highlighting two interwoven issues: Americans may not be researching the laws of their vacation destinations well enough (despite encouragement from the ATF) and Caribbean countries may not be doing enough to publicize their laws.

One of the most publicized arrests, that of Ryan Watson, a father of two who entered the country with 4 bullets which he and his wife say was a mistake, is one example.

“We were trying to pack board shorts and flip flops,” Valerie Watson told CBS News. “Packing ammunition was not at all our intent.”

When Magnetic Media visited the official Turks and Caicos Tourism Website, listed at the bottom of the home page were entry requirements. A click on the entry requirements tab revealed in the very first paragraph, this statement:

“In order to bring in firearms of any type (including spear guns and Hawaiian slings), one must have written approval from the Commissioner of Police.”

It’s a clear warning, though it does not mention the mandatory 12 year sentence or the fact that ammunition possession carries the same penalty.

Regardless, it’s there for all potential visitors to see; In fact the Turks and Caicos’ warning is more forward facing than its nearest comparable neighbors who arguably have a much longer reach and more experience in tourism. Magnetic Media found it difficult to find any such warnings on the VisitJamaica or the Bahamas.com websites.

It’s a stark contrast to the ATF website which warns over and over “Convicted offenders can expect long jail sentences and heavy fines”

“If you are arrested for gun trafficking abroad, you could be imprisoned, fined or both, and the State Department will not be able to secure your release”

Despite this many Americans continue to make the same mistake, with four such cases pending this year.

Increased diligence from firearm holders and an increased visibility of local laws could work in tandem to protect guests and the tourism industry Caribbean Countries rely on.

Simultaneously, others, arguably the loudest voices, are calling on the government to repeal the law and make provisions for those who may have had no intent to smuggle anything into the country.

Possessing an illegal firearm and ammunition are considered one of the most egregious crimes in the Turks and Caicos Islands. Therefore, as a deterrent, word of harsh sentence add-ons should spread quickly to would-be criminals and make one think twice before arming themselves with an illegal or unlicensed firearm.

All eyes are on TCI as the recent commentary on the complex issues surrounding tourists inadvertently caught in the web of our stringent ammunition laws. It’s clear that while these laws were designed to curb violence, they may not have adequately accounted for scenarios involving non-malicious intent.

Therefore, one must ask does the punishment fit the crime?

The stark reality facing our tourism industry due to these incidents cannot be overstated. We risk not only harming innocent lives but also damaging a vital economic engine.

Nonetheless, we should not and cannot allow outside influence to hold our country hostage to certain demands for failure of a traveller to do their due diligence when travelling to a foreign country.

With that being said, is it time to rethink how we can enforce our laws while still protecting the spirit of hospitality that defines us?

Additionally, serious considerations of intent is both progressive and necessary when adapting our legal framework.

For first time offenders, perhaps implementing fines with rehabilitative measures rather than severe incarceration could indeed serve as a more effective and humane deterrent.

Despite the few tourists being caught up in this quagmire situation, a number of our young men in TCI who faced similar charges have already been handed their fate, serving 7-12 years in prison.

Most citizens would strongly agree punishment for such crimes need to be on a case by case basis. Not ruling out a short stint in prison in addition to hefty fines. Moreover, redirecting such fines to fund community and youth programs could offer long-term benefits, fostering a safer and more engaged community.

This is a pivotal moment for the Turks and Caicos Islands to demonstrate flexibility and compassion in our legal system, ensuring it remains robust yet fair. It’s crucial that we continue this conversation and work towards solutions that reflect both our values and the complexities of modern governance.

Although harsh, the disposition of these cases if not aligned with our strict laws, it could be sending a dangerous and conflicting message to potential visitors, as ignorance of the law should not be tolerated.

The outcome will also highlight the glaring contradiction as it relates to recent sentencing of local individuals for similar offenses. Hopefully it will prompt legislators to take a second look at the laws and display a willingness to consider how they might more reasonably revise it.

If not already in place, this should include creating some sort of a safety net that allows judges to sentence below the mandatory minimum for first time offenders, and give them a second chance if doing so will not endanger the public.

The courts should not be callously handing down these verdicts, especially to our youth who are

first-time offenders and without physically harming an individual.

In my opinion, what the courts failed to take into consideration is the negative impact it will have on the same group of young adults our country is trying to help and protect.

The impact on the individual and the community can sometimes produce absurd and unintended results.

It’s imperative that law makers find that balance.

For example, possessing ammunition without a valid permit may result a lesser fine for a first-time offender compared to someone with a history of similar violations.

Conversely, using or carrying ammunition in commission of a violent crime or trafficking ammunition illegally may result in a higher fine or imprisonment.

Any proposed revision to the law should not only be done to appease our tourism industry, but to help save our youth from themselves.

It’s obvious this law alone is not stopping the violence or importation of illegal ammunitions or weapons.

Since there is no cookie cutter approach to these types of challenges, I think it’s extremely important that before any country mimic or adapt the laws or policies of others, it’s imperative that they conduct their own thorough research and analysis to determine the long and short term impact.

Given the serious consequences of violating ammunition laws, it is essential for individuals and responsible firearm holders to understand and comply with these regulations. Compliance with ammunition laws is not only a legal obligation but also a moral imperative that promotes the well-being of the communities and individuals alike.

Ed Forbes

Concerned Citizen