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Sri Lankans Asylum Application in Limbo; more than $530,000 spent to house the men

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#TurksandCaicos, May 26, 2021 – For nine months, the Turks and Caicos Islands Government has been paying $59,000 a month to the Airport Inn to house and feed 21 individuals found on a Haitian sloop with 158 others in October 2019.  The group had all been released from the detention center by August 25, 2020 following court action for their release brought during the period February 2020 until late August 2020. Since that time they have been dependent on the state as they have submitted asylum applications seeking to stay in the western world. 

Prior to their housing at the Airport Inn, the same individuals were held at the South Dock Road Detention Center for ten months, after they were caught in a people trafficking ring and identified as key pieces in a criminal enterprise puzzle.

Eventually, the architect of the complex exploit for the Sri Lankans from home to the Caribbean and with hopes of onward passage to North America would be brought down; Sri Kajamukam Chelliah, aka Mohan, who is 55 years old was convicted in Turks and Caicos and is now convicted and set to serve 32 months in Florida federal prison.  He was sentenced on Monday May 17, 2021 in Florida.

Twenty Eight (28) Sri Lankans and one Indian were in the mix of Haitians which were picked up by the coastal radar.  By then the group had been travelling for over a year from their home countries in order to escape persecution and victimization, and managed to make it to Haiti.  With Mohan, they boarded a boat bound for Turks and Caicos but they were caught, arrested and detained.

The detention from October 2019 to August 2020 was for the purposes of a criminal investigation by which to build a case against the smuggler.  A case was built and Mohan pleaded guilty in a TCI court and served time at Her Majesty’s Prison.  In August 2020, Mohan was extradited to the United States for similar crimes and on May 17 was found guilty and sentenced to 34 months.

The entire time, the other Sri Lankans were trapped in Turks and Caicos.  Delays in an offered return to Sri Lanka was explained by TCIG with reference to the coronavirus pandemic. 

Attorney Tim Prudhoe of law firm Prudhoe Caribbean law firm, had originally been called in to take the case of the smuggler.  Interest, for Prudhoe however, turned to plight of the smuggled Sri Lankan detainees.  At that time, several of the men caught in the October 2019 interception were transported to the United States where in exchange for evidence against Mohan, they were likely given some break. Sixteen of the remaining Sri Lankans became clients of Prudhoe Caribbean.

The remaining men were in Turks and Caicos abandoned by the investigators and ignored by the Immigration Department.  None has been offered or given the right to work, to earn a living.  Some are farmers, others are drivers and yet more are skilled in carpentry, we are told.  

Three applied for asylum in in September 2020.  The three had previously been interviewed by the United Nations High Commissioner for Refugees, who designated them refugees.  Asylum application made by these three were denied in early January of this year and which have since been appealed to His Excellency the Governor. was however.

Prudhoe Caribbean’s thirteen other Sri Lankan clients applied for asylum in mid-November.  These applications remain pending with the Minister for Immigration. Mr. Prudhoe, in an interview with Magnetic Media, confirmed that he is unaware of the recommendation of the UNHCR’s report on his second set of clients because access to those reports have been refused.

This matter has not only been to the Ministry, the Cabinet and the Governor’s Office but to the courts.  On appeal, the three first asylum applicants won on the point that the refusal to release them from the Detention Center in May 2020 was amounted to an unlawful detention.  The Appeal’s Court decision on 31 December 2020 opened the door for a successful false imprisonment claim. A damages determination on that is still pending. The country will then be forced to pay the men directly for having them held in detention.

Mr. Prudhoe confirmed that he has not been paid for his representation of the Sri Lankans. 

Meanwhile, countries sensitive to the dangerous conditions on the ground for the Tamil, on May 18, commemorated  – Tamil Genocide Day – when one hundred thousand Tamils were slaughtered in a sickening exercise of ‘ethnic cleansing’ which happened in Sri Lanka in 2009. The Sri Lankan Armed Forces was fingered for the massacre.  Today,  despite a declaration that the Civil War is over, there is still trouble for Tamil civilians; illegal land grabs, intimidation, oppression, censorship and  no demilitarization creates a climate of fear explains articles penned by Tamils outside of Sri Lanka.

The civil war is over but the persecution, they say lives on.  Tamils have found countries like Australia, New Zealand and Canada to be their friends and offering safe haven. 

The Sir Lankans in Turks and Caicos would prefer to be in these countries where there are Tamil communities; but without asylum and a right to work and earn a living, they are not yet free enough to apply to these countries for passage.

In a cruel twist of fate, all of the countries, though open to immigrants, are right now closed to everyone due to the Coronavirus Pandemic.

Meanwhile, the sixteen Sri Lankans remain in limbo.  The Governor is yet to decide the asylum refusal appeals for the original three.  And the public purse is paying a whopping bill when citizens are struggling to pay rent and make ends meet; still reeling financially from the ravages of the pandemic.

When Minister of Immigration and Border Services, Arlington Musgrove held his national update on May 17 – he responded to Magnetic Media questions on the Sri Lankans, confirming the $59,000 monthly bill and saying the applications for asylum was unlikely to be approved. He did not say when a decision would be given.

“They had never mentioned asylum or nothing like that, so we are having a push back from their attorney.  We are right now in litigation over where do we go from here,” the Minister added, “we have a number of agencies involved in this and from the looks of it, they are in agreement where we are saying we don’t think they deserve asylum,” said the Minister to our query.

Tim Prudhoe said that his firm expect to  pursue false imprisonment claims for all sixteen clients.  The attorney-owner of Prudhoe Caribbean continues to seek the release of the UNHCR reports on the thirteen Sri Lankans.  The attorney also seeks to change the wider issue of a establishing clarity on the government policy on the right to work while awaiting response on an application for asylum. Prudhoe confirmed that his firm’s intervention has at least not resulted in Immigration Center detainees being asked if they want access to an attorney prior.

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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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