Speech by the Hon. Attorney General on the Opening of the Supreme Court of the Turks and Caicos Islands for the 2025 Session

My Lady Chief Justice Mrs. Mabel Ageymang, other Honourable Judges of the Supreme Court, Mrs. Justice Lobban Jackson, Mr. Justice Gruchot, Mr. Justice Donne, Honourable President of the Court of Appeal and other Justices of Appeal, Honourable Magistrates and Coroner, Professor Barber and Mrs. Barber, Learned Director of Public Prosecutions, President of the Turks and Caicos Islands’ Bar Council, the Doyen of the Bar, Acting Commissioner of Police, Chair and members of the Judicial Services Commission, Special Guests, distinguished colleagues at the Public and Private bars, Ladies and Gentlemen, both present and those following these proceedings online, good day to you all and greetings for the New Year.

At your invitation, My Lady Chief Justice, I rise to move the motion for the opening of the Supreme Court for the year 2025, and in doing so I crave your indulgence to note some reflections of 2024 and remark on the year ahead.

Prior to doing so My Lady, please permit me to extend my hearty appreciation and welcome to the various members of the government administration present here today.  First, a special welcome to Her Excellency the Governor who has been an advocate for the rule of law and all matters relating to law and order during her tenure. Permit me to also recognize the Honourable Premier, the Honourable Deputy Premier, Her Excellency the Deputy Governor, other Members of Cabinet, Hon. Leader of the Opposition, and the Honourable former Members of Parliament, whose presence underscore, among other things, their continuing commitment to the administration of Justice.  

At this juncture, permit me My Lady to also extend very special congratulations and a warm welcome in this setting to the President of our Court of Appeal, Mrs. Justice Yorke-Soo Hon.  Being one of the finest legal minds in our Region, the TCI is very fortunate to have her as our first female President of our Court of Appeal. 

I also offer special congratulations to our newest Supreme Court Judges, Mr. Justice Rajendra Narine as Ad Hoc Judge of the Supreme Court and Mr. Justice Donne as an acting Supreme Court Judge for Grand Turk. With these appointments in place, the complement of judges on the Supreme Court is further enhanced.  

Heartfelt congratulations also to our Resident Magistrate for Grand Turk Her Honour Ms. Arana, no stranger to the Magistrates Court – we applaud her designation and wish her well in her new role. And again, thanks to former Resident Magistrate Keri-Ann Kemble for her dedicated service.

My Lady, we mourn the loss of our former President of the Court of Appeal Mr. Justice Dennis Morrison whose legacy extends throughout the Region.  We thank him for his contribution to the Turks and Caicos Islands.

My Lady, it is well known that a significant part of my time in 2024 and by extension, that of the Government, was taken up with matters relating to the Constitutional change in these Islands.

Turks and Caicos Islands Constitution (Amendment) Order 2024 by SI NO.1128 of 2024, came into force on 10^th December.  The following are among the most important changes—

(a)     Changes to enable movement from “Ordinance” to “Act” for enactments by the legislature;

(b)     Change from the House of Assembly to Parliament;

(c)      Removal of provisions allowing for appointed members and provision for nineteen elected members to the Parliament

(d)     Provision for the autonomous and exclusive capacity of the Cabinet in domestic affairs that are not the responsibility of the Governor as provided for under the constitution;

(e)     Provision for the Governor to delegate to the Premier or another Minister responsibility for matters relating to external affairs in certain specified areas–

(f)      Establishment of a cabinet office and Cabinet Secretary for the Islands;

(g)     Codification of the National Security Council in the Constitution;

(h)     Provision for the dissolution of Parliament after five years instead of four years;

(i)      Powers to hold a referendum were inserted;

(j)      Codification of the role of the Chief Justice in the constitution;

(k)      Provisions for functions of the Regiment and the establishment of a Police and Defence Service Commission;

(l)      Provision for the establishment of a constitutional commission to advise government on questions concerning constitutional development for the Islands;

(m)    Provision for the establishment of an International Centre for alternative dispute resolution;

(n)     Provision for an independent body to regulate international financial services;

(o)     Codification of the national crest and for the conditions or restrictions in respect of its use to be provided by legislation.

My Lady the Parliament was dissolved on 18th December and general elections have been proclaimed.  The Government is now in purdah, the pre-election period and we await the outcome of the elections on 7th February 2025 which will be held by the use of electronic tabulating machines for the first time.

I reserve a special thanks to Her Excellency the Governor, our Honourable Premier, Hon. Leader of the Opposition and all members of Cabinet and our former Parliament for their hard work, collaboration and determination to bring these changes to reality. It was this national effort and commitment that enabled the collective goal of amending the Constitution to be achieved.  The outstanding work of Sir. Jeffrey Jowell KC, Constitutional attorney who acted as an adviser to the Islands in this process must also be commended.

Permit me My Lady, to offer congratulations to a few Government employees on their appointments since we were last here. Congratulations to our Director of Public Prosecutions Mr. Philip Bennetts KC who brought with him a wealth of experience and extend our gratitude to former DPP Eugene Otuonye KC in his retirement after a long career of public service in these Islands.  I also congratulate the Acting Commissioner of Police Bailey and thank Mr. Edvin Martin for his hard work and dedicated service during his tenure as Commissioner of Police in these Islands. 

My Lady, in the case of the Criminal Justice Stakeholders Group, as you are aware, under your chairmanship, we continue to meet with a view to working together to achieve our collective goal of promoting the effectiveness of justice delivery in the Islands.  In that regard, and with your leave My Lady, I count it a privilege to note some of the achievements some CJSG stakeholders in this setting.

My Lady the tremendous efforts of the Royal Turks and Caicos Islands Police Force (RTCIPF) during 2024 must be commended even as they continued to navigate many challenges but have remained resilient in its pursuit to tackle criminality in the Turks and Caicos Islands effectively.  They have implemented several initiatives aimed at reducing crime, building partnerships, strengthening community trust, and supporting the criminal justice system in the Turks and Caicos Islands (TCI). These efforts were guided by several overarching goals such as Prevention, Intervention, Enforcement, and rehabilitation, building strategies. Key programs included targeted gang violence reduction measures, community engagement initiatives, technology upgrades, numerous training initiatives, and enhanced collaboration with local, regional, and international partners. We have strengthened our partnership with our partners within AMLC during 2024 and will remain committed to doing so in 2025.  Thanks to Acting Commissioner Bailey, Deputy Commissioner Adams and other members of the RTCIPF Executive Team.

My Lady the Department of Social Development and Welfare is another key stakeholder.  Despite numerous challenges, they undertook numerous initiatives including Child safeguarding training, awareness raising programmes for all teachers, staff and students at schools throughout the Islands.  Thanks to Director Mrs. Ashley Adams Forbes and her hard working team.

My Lady the dedication and bravery of Mr. Woodbine and his staff at His Majesty’s Prison Grand Turk was again notable in 2024. Our prison has continued to play its part on protecting the public by keeping those committed by the courts in safe custody and assisting with the detection of crime and criminality in partnership with the police.  They continue to see more engagement from prisoners in their Release On Temporary License scheme (ROTL), with them recently achieving over 1,500 ROTL’s in less than two years without any failures or issues. This is a significant success for the prison and the prisoners who are working towards their resettlement. They have a small amount of prisoners now engaged in full employment in the community.

My Lady the Department of Rehabilitation and Community Supervision (DRCS) is still new but developing quickly, playing a pivotal role in the criminal justice system of the Turks and Caicos Islands, by providing community-based supervision and rehabilitation services to individuals involved with the courts. DRCS aims to reduce recidivism, enhance public safety, and facilitate the successful reintegration of clients into society through innovative and evidence-based practices. The Department focuses on probation, parole, bail and other forms of community supervision by offering tailored interventions to address the root causes of criminal behavior.

A major milestone for DRCS in 2024 was the full implementation of an online Case Management System called PRONTO. This digital platform has revolutionized how the Department tracks and manages client cases, enabling real-time updates, streamlined workflows, and enhanced reporting capabilities. PRONTO has significantly improved efficiency and transparency, allowing the Department to transition from paper files to a fully digital system that connects all islands in one location.  Director Jaron Harvey and his staff have performed to a very high standard and we look forward to even greater achievements in 2025.

My Lady, reflecting on the number of judgments rendered by the Courts in 2024, again it was a very busy year – with judgments being delivered in a timely fashion. Our thanks go out to you My Lady and all of our other hardworking Judges and Magistrates, who, along with Attorneys at the Bar, including our Civil Litigation Division demonstrated dedication, resilience, and expertise in navigating an increasingly complex legal landscape, notably in the areas of judicial review, public sector decision-making, and the Constitution.

The judgments delivered in 2024 covered diverse legal issues including a significant number of judicial review challenges, with a particular focus on Immigration, Planning, and Land with some notable issues related to bias and the sufficiency of consultation processes in the legislative process. These cases highlighted the prudence of public sector decision makers who recognize the fundamental role of the Civil Litigation Division of Chambers in guiding public sector decision-making to ensure that decisions are taken lawfully, fairly, and within the scope of statutory powers.

Notable matters examined issues of apparent bias and reaffirmed the principles of natural justice and procedural fairness, providing important guidance for decision-makers in public bodies. Another dealt with the validity of the appointment of a sitting judge and the Registrar’s assignment of cases clarifying the need to uphold judicial independence and reinforced public confidence in the administration of justice.  Still others examined the limits of marriage rights of same-sex couples in the context of an overseas same-sex marriage requiring a careful balancing of constitutional principles and human rights considerations.  Judges in the Court of Appeal helpfully clarified the legal principles surrounding ownership of property and the implications of the Crown Land Ordinance. That Court also clarified the law surrounding custodial sentence mandated in firearms conviction cases and the application of exceptional circumstances provisions. Other notable matters dealt with the judicial recusal and fraud in the face of the Court, mistake and whether the application of the slip rule.

Beyond its work in the courts, the Civil Litigation Division proactively role in enhancing good governance by conducting specialized training on decision-making for public service and sector decision-makers. These sessions sought to strengthen the capacity of government agencies and statutory bodies to make lawful and well-reasoned decisions, thereby reducing the risk of legal challenges.

As it relates to legislation My Lady, permit me to recognize the efforts of the Legislative Drafting Division of the Chambers who were kept very busy churning out 127 pieces of Primary and Secondary legislation covering a range of subjects including beneficial ownership, merchant shipping, Proceeds of Crime, Gaming, National Wealth Fund (Amendment) Ordinance 2024(there were two to provide $20m for the newly created Mortgage Corporation Fund), Animal and Plant Health, Health Professions, Civil Procedure, Control of Drugs, Control of Dogs, Elections,  Political Activities, Border Force, District Administration, and asylum. 

My Lady they have worked with you to progress a number of your initiatives to improve court administration including new Regulations provides a comprehensive framework for the application process and admission process for admission of Attorneys at the Bar in the Islands, new Contempt of Court Rules to regulate contempt in the Supreme Court and the Court of Appeal and new Probate Rules to govern non-contentious matters for grants of probate, letters of administration with will annexed and letters of administration.

They have also diligently continued their work on Law Revision along with the Regional Law Revision Centre which should be issued this year, while ensuring easy access to legislation in the Islands on our Chambers’ laws webpage. Thanks to their work Reprints of the Elections Ordinance and the Political Activities Ordinance were released last month.

The hard working Commercial division of Chambers completed 203 contracts and 241 opinions. Most notable contracts completed covered areas including the E-Procurement system, electronic tabulating machines and technical services, and the digitization of land registry records and services and cyber threat assessment and remediation. The Commercial division hosted its second annual drafting instructions training for commercial contracts in October for key TCIG stakeholders designed to increase awareness of the various types of commercial contracts generally used by TCIG for procurement of goods and service delivery, and to improve decisions relation to risk allocation in contractual relationships.

My Lady permit me to thank the International Division of Chambers which continued their work to improve the TCI's compliance with its international obligations and to assist Law Enforcement Agencies with mutual legal assistance requests to and from other jurisdictions.

Working closely with the Anti-Money Laundering Committee Secretariat, the Division’s ongoing work to improve TCI’s compliance to its obligations under the United Nations Convention against Corruption (the Merida Convention), the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the United Nations Convention against Transnational Organized Crime and the Terrorist Financing Convention, in line with the FATF Methodology resulted in key improvements to six pieces of legislation –

-       Prevention of Terrorism Ordinance

-       Anti-Gang Ordinance

-       Criminal Law Ordinance

-       Witnesses Ordinance

-       Integrity Commission Ordinance

-      Proceeds of Crime Ordinance

These amendments also improved the effectiveness of the RTCIPF’s response to violent crime.

Along with its ongoing sanctions work with the Governor’s Office, the Division provided invaluable assistance to the Anti-Money Laundering Committee and its Secretariat to secure the TCI’s exit from the 4^th round follow up process of the Caribbean Financial Action Task Force and continues its work other key stakeholders, including the Judiciary, to ensure that TCI is ready for the 5th Round AML/CFT Mutual Evaluations which will commence in 2027.

The Division has members who sit on various Committees or Working Groups.  These include Groups which focus on Maritime issues, Cyber-Security, a Group focused on establishing a legal framework for Virtual Assets and Virtual Assets Service Providers, and the Principal of the Division Chairs a sub-Focus Group of the AMLC focused on strengthening the framework to effectively Counter Terrorism and Proliferation Financing in the TCI. The Maritime Oversight Committee to aid in preparing the TCI for its recent Maritime Proxy Audit, which was held December 2nd-6th, 2024. 

During the year, the Division provided critical assistance to the ODPP and the RTCIPF in the extradition of a St Kitts and Nevis national.  Additionally, the Division received 3 mutual legal assistance requests from other jurisdictions during the period.   We are pleased to see an increase in the number of outgoing Requests from local Law Enforcements Agencies seeking assistance from other jurisdictions to aid their investigations. The Division sent 6 outgoing Mutual Legal Assistance Requests or Supplemental Requests during the period.

The Division also completed 2 MOUs on behalf of Financial Intelligence Agency and nine 9 Maritime related MOUs for Ports Authority, Department of Maritime and Shipping, Airports Authority, Telecommunication Commission, the RTCIPF, Department of Environment and Coastal Resources, and other stakeholders who perform Maritime related functions.

Permit me My Lady, to thank all the staff in the Attorney General’s Chambers ably led by the Deputy Attorney General, Ms. Khalila Astwood, and our four Principals, Ms. Desiree Downes, Ms. Yaa McCartney, Ms. Clemar Hippolyte and Ms. Shayone Handfield for their dedication, professionalism, unwavering support and advice to me and on my behalf. Thanks also to the Learned DPP and his dedicated staff. 

In closing My Lady, I wish for all the Judges, Magistrates, Court staff, fellow members of the legal profession, members of the CJSG and others in attendance this morning a happy, peaceful, and productive New Year. I also call upon all stakeholders to continue to be unwavering and united in our support of the Judiciary and the rule of law. 

I now formally move for the Opening of the Supreme Court for the Year 2025.    

May it so please you My Lady.

Hon. Rhondalee Braithwaite-Knowles KC, OBE

Attorney General

6^th January 2025

ATTORNEY GENERAL’S CHAMBERS

 

Legal Report by the Hon. Attorney General Rhondalee Braithwaite Knowles OBE KC on the ceremonial sitting to mark the Opening of the Supreme Court of the Turks and Caicos Islands for the Year 2024

May it please you my Lady Honourable Chief Justice of the Turks and Caicos Islands Mrs. Justice Mabel Agyemang

My Lady, the Honourable Ms. Justice Tanya Lobban-Jackson

My Lords, the Honourable Justice Mr. Anthony Gruchot; the Honourable Justice Mr. Chris Selochan; the Honourable Justice Mr. David Baptiste

Introduction and Protocol – My Lady Chief Justice, it is with great pleasure that I rise to address your Ladyship to move the motion for the ceremonial sitting marking the Opening of the Supreme Court of the Turks and Caicos Islands for the year 2023 standing in the company of my fellow members of the legal fraternity

My Lady, please permit me to recognize the presence of the many specially invited guests who have joined us today:

Her Excellency the Governor Dileeni Daniel-Selvaratnam

The Honourable Premier, Hon. C Washington Misick

The Honourable Speaker of the House of Assembly, Hon. Gordon Burton

Her Excellency, the Deputy Governor, Anya Williams

The Honourable Deputy Premier, Hon. Erwin Jay Saunders

Hon. Honourable Cabinet Ministers of the Turks and Caicos Islands Government

The Honourable Leader of the Opposition Hon. Edwin Astwood

Rt. Hon. Sir Declan Morgan PC

The Honourable Chairperson and Members of the Judicial Service Commission (attending virtually) Former Justice of Appeal of Jamaica Hillary Phillips CD, KC, Former Chief Justice of Jamaica Zaila McCalla OJ, Chief Justice of the Eastern Caribbean Supreme Court the Hon. Dame Janice Pereira DBE

Acting President of the Court of Appeal, The Honourable Justice of Appeal K. Neville Adderley

The Honourable Justice of Appeal Mr. Stanley John (attending virtually)

The Honourable Justice of Appeal Mr. Bernard Turner (attending virtually)

The Honourable Justice of Appeal Mr. Michael Hylton (attending virtually)

His Honour Joylon Hatmin Chief Magistrate

Her Honour, Mrs. Oreika Selver-Gardiner Resident Magistrate

Her Honour, Ms. Mickia Mills - Coroner

Her Honour, Ms. Patricia Arana Ag. Resident Magistrate

Mr. Narendra Lalbeharry Registrar of the Supreme Court

The President of the Bar Council Mrs. Tremmaine Harvey

The Doyen of the Bar Mr. Ariel Misick KC

Acting Director of Public Prosecutions – Dr. Angela Brooks

Acting Commissioner of Police Mr. Rodney Adams

Superintendent and Deputy Superintendent of the Department of Corrections and Rehabilitation Mr. Michael Woodbine and Mr. Raymond Grant (Attending virtually)

Director of Social Development Ms. Tiffany Thomas-Browne

Director of Rehabilitation and Community Services Mr. Jaron Harvey

Former Director of Public Prosecutions Mr. Eugene Otuonye KC

Former Chief Secretary Mrs. Cynthia Astwood

Canon Mark Kendall and Rev. Desiree Johnson

Distinguished invited guests

My Lady, in moving this motion, I wish to make some brief remarks on 2023 and what is planned for the year ahead.

My Lady, in 2023 my legislative drafting division delivered 32 Ordinances and 82 pieces of subsidiary legislation in accordance with the Government’s legislative agenda.  Of those 119 pieces of work, 37% related to Finance and financial compliance, 13% related to Immigration and Border control with another 13% related to the Tourism sector, 12% related to the justice delivery, 8% related to Home Affairs with the remainder accounted for under Health, Education, the Legislature and Lands.

Some notable pieces of legislation –

• The Agriculture Regulation Ordinance 2023 consolidated the law on agriculture and established the National Agriculture and Food Security Board to advise on the development of an agriculture and food security plan for the Islands and to monitor the Agro-Incentive Programme established under the Department of Agriculture.
• The Cemeteries Ordinance 2023 provides a comprehensive framework for the establishment, administration and maintenance of public and private cemeteries in the Islands to ensure that the public have access to cemeteries which are properly structured, well maintained, accessible and where plots are protected and related activities.
• The Crown Land (Residential Conditional Purchase Lease) (Arrears and Mesne Profit) (Amnesty) Ordinance 2023 established an amnesty period of two years to facilitate the recommendations of the Crown Land Review Report to increase home ownership through regularizing residential conditional purchase leases and writing-off accrued arrears and mesne profit.
• The Turks and Caicos Island Tourist Board (Dissolution) Ordinance 2023 dissolved the Tourist Board and repealed the 1990 Tourism Ordinance to achieve a new policy objective of improving the management and regulation of the tourism ecosystem in the Islands.
• The Destination Management Fee Ordinance 2023 as part of the new policy shift, introduced a destination management fee of $10 collected from all arriving passengers to be used for the protection of the environment, the promotion of sustainable tourism, the recovery, rehabilitation and maintenance of historical and cultural heritage, the support of education and training, the maintenance and development of tourist sites and the marketing of the Islands.
• The Tourism Regulation and Licensing Ordinance revoked the 1978 Tourist Accommodation (Licensing) Ordinance to establish a new Tourism Regulation Department to improve the licensing process, and the supervision and regulation of current and future premises and tourism services.

In the year ahead, work will continue on wide ranging proposals to improve the legislative framework around Immigration and Border security given the existential threats arising from irregular migration and to strengthen law enforcement through multi-agency initiatives to combat the impacts of transnational and firearms crimes. 

Constitutional reform: My Lady, instructed by the Hon. Premier and the Hon. Leader of the Opposition and working with a Constitutional expert, Sir Jeffrey Jowell KC, I have led the nearly concluded negotiations with the UKG seeking constitutional reform seeking to realise their bipartisan vision for a Constitution reflecting the modern, mature relationship that exists between the UK and the TCI.  As part of those reforms it is expected that Constitutional recognition of the role of the Chief Justice and advancements in the framework around the judicial administration as well as the police administration will be agreed to aid justice delivery and promote increased respect for the rule of law.

My Commercial division produced 166 agreements and 253 legal opinions.  Notably, the Government prioritized efforts to promote e-government by digitizing key systems and services. One of the first of these to proceed to contract stage is the Electronic Procurement, a designed and built digital process for submission and review of business cases, evaluation of tenders, reporting and management. The Land Registry Digitization contract will create a digital repository to host all land registry instruments, records, and other documents that will shorten the time for retrieval and increase record security and integrity. The E Gates system for border entry will see the use of biometric data for entry into the country. It would be great if E-Justice could receive Government support in the upcoming budget cycle.

The inaugural Commercial Instructions Drafting Training was held in June 2023, with a focus on assisting senior public sector managers to more effectively communicate their needs in the form of detailed instructions in order to improve project delivery, and to raise greater awareness and improve understanding of the commercial contracts templates and commercial and legal risks management.

My International Division collaborated with key stakeholders to improve the TCI's compliance with its international obligations through focus groups tackling issues and finding solutions in the area of maritime, cyber-security, virtual assets and virtual assets service providers, countering terrorism financing and financing of weapons proliferation, the crypto assets, sanctions, and compliance reporting with the United Nations Conventions on the Rights of a Child, the United Nations Convention against Corruption (the Merida Convention) and the Terrorist Financing Convention.

The division collaborated with the Governor’s Office, the ODPP and law enforcement partners on nine incoming and outgoing mutual legal assistance matters (including extradition) to strengthen criminal investigations where critical evidence was shown to be or suspected of being in another jurisdiction and coordinating responses to requests for such assistance from other jurisdictions. The Division also completed four (4) MOUs on behalf of FIA and other law enforcement agencies.

The Division conducted training programs to improve stakeholders’ level of understanding of the FATF AML/CFT standards and requirements, and provided AML/CFT Training to the members of the Immigration and Customs Departments and sourced training from the USDOJ for AGC, ODPP, LEAs on the Mutual Legal Assistance and Extradition process.

My Lady, thanks to the leadership of my International division, the CFATF’s assessment of the Turks and Caicos Islands’ technical compliance with the FATF’s Recommendations is now rated as largely compliant or compliant on 37 out of 40. Our jurisdiction continues to make progress on the three remaining FATF Recommendations through the completion of a revised National Risk Assessment to better identify, assess and understand our money laundering and terrorist financing risks so that we can apply AML/CFT measures that correspond to the level of risks.  Mr. Kerry Lucio has been appointed as the TCI’s first National AML/CFT Coordinator to drive the delivery of this national effort.  Mr. Lucio is an experienced and EU/CFATF accredited AML/CFT and financial analyst and investigator with in-depth knowledge of the FATF Recommendations and their application with experience in leading multi-jurisdictional project teams.  Judicial and legal colleagues are encouraged to engage with him in this national effort.

The hard working team in my Civil litigation division had another busy year dominated by judicial review challenges particularly in the area of immigration, planning, Inland Revenue and status claims and consultation. This area of work needs  

Staff: My Lady, since my last report, Ms. Khadija MacFarlane, Ms. Meera Goalan and Ms. Tesharna Williams each took up appointments as Senior                                                                                                                                                                                                                                                  Crown Counsel and Crown Counsel.  We welcome their arrival and the contributions they made during the course of the year.  In 2023 my Chambers continued to discharge our responsibilities to the growth and development of Islander attorneys through the training and moving the applications for the admission of Tamika Simms-Williams in April, Tavania Wilson in July, Tesharna Williams in December with Gardiner lined up for this quarter.  Unfortunately, we didn’t have positions to keep all of them, we were able to employ two of them as Crown Counsel positions which are reserved for Islanders for many years. With the recent appointments 100% of crown counsel positions are occupied by bright, young Turks and Caicos Islanders.

We are now at full complement but given the growing pace and volume of work, I am conducting a review of the structure of my Chambers.  I anticipate the support of the Government through increased manpower and resourcing to ensure a healthy and productive work environment through improve work flow and more effective delivery of responsive and solutions oriented advice and representation.

My Lady, as law officers, we stand in full support of the work of the judiciary and wish you, and the entire judiciary a prosperous and productive New Year.

CONCLUSION

My Lady, in conclusion, it has been yet another full year and undoubtedly challenges lie ahead for the forthcoming one. We are ready to face those challenges.

My Lady, it remains for me to formally move for the Opening of the Legal Year 2024.

May it please the Court.

Rhondalee Braithwaite-Knowles, OBE KC

Hon. Attorney General

4^th January 2024

Legal Report by the Hon. Attorney General Rhondalee Braithwaite Knowles OBE KC on the ceremonial sitting to mark the Opening of the Supreme Court of the Turks and Caicos Islands for the Year 2023

May it please you my Lady Chief Justice Mrs. Mabel Agyemang,

My Lady Justice Tanya Lobban-Jackson,

My Lord Justice Anthony Gruchot,

Introduction and Protocol – My Lady Chief Justice, it is with great pleasure that I rise to address your Ladyship to move the motion for the ceremonial sitting marking the Opening of the Supreme Court of the Turks and Caicos Islands for the year 2023 standing in the company of my fellow members of the legal fraternity in person, especially given that last year we were forced to adopt a hybrid arrangement with the majority of persons attending virtually and the proceedings being held outdoors.

My Lady, please permit me to recognize the presence of the many specially invited guests who have joined us today:

His Excellency the Governor Nigel Dakin and Mrs. Amanda Dakin

Premier the Honourable Washington Misick and Mrs. Delthia Misick

President of the Caribbean Court of Justice, Justice Adrian Saunders and Mrs Marilyn Saunders

President of the Court of Appeal Justice Morrison OJ CD KC, Acting President of the Court of Appeal, Justice Adderley and Justices of Appeal, viewing the proceedings through video link

Speaker of the House of Assembly, the Honourable Gordon Burton as represented by Hon. Akierra Missick

Director of Public Prosecutions, Mr. Eugene Otuonye KC

Acting Chief Magistrate, Her Honour Ms. Keri-Ann Kemble

Resident Magistrate, Her Honour Mrs. Oreika Selver-Gardiner

Acting Resident Magistrate, Her Honour Ms. Patricia Arana

Doyen of the Bar, Mr. Ariel Misick OBE KC

President of the Bar Council, Mr. Selvyn Hawkins

Honourable Minister of Immigration, Mr. Arlington Musgrove

Honourable Minister of Health, Mr. Shaun Malcolm

Former Chief Secretary, Mrs Cynthia Astwood

Canon Mark Kendal and Father Lynden Douglas

Deputy Attorney General, Khalila Astwood

Commissioner of Police, Mr. Trevor Botting

Deputy Superintendent of Prisons, Mr. Raymond Grant

President of the Labour Tribunal Mrs. Doreen Quelch Stubbs

King’s Counsel

Members of the Bar Council

Attorneys at law

All other specially invited guests

My Lady, in moving this motion, I wish to make some brief remarks on 2022 and what is set for the year ahead.

Her late Majesty: My Lady, 2022 marked the sad passing of Her Majesty Queen Elizabeth II. Her late Majesty was written into our Constitution, into our laws, our oaths, our appointments, in our courts as the symbolic role of the figure in whose name justice is carried out. Senior lawyers were appointed Queen’s Counsel having been appointed as such by Her Late Majesty on advice of the Privy Council.

Her reign was as illustrious as it was long. So long, in fact, that most members of the Bar, including My Lady were not even born when, in 1953, Her Late Majesty commenced her reign, which was, to the best of my knowledge, some 27 years before our illustrious doyen, Mr Ariel Misick OBE KC, was admitted to practice at the bar in these Islands. My Lady, although I felt a profound sense of sadness on hearing of the passing of Her Late Majesty, I also felt a profound sense of gratitude for all the Queen has done to promote the rule of law and good governance.  As public servants, we can’t help but to admire her because she exemplified what it means to serve others.

His Majesty King Charles III has been proclaimed King of the Turks and Caicos Islands and we wish him all the success for his reign.

My Chambers – My Lady, I turn to the daily business of my Chambers.

CFATF: My Lady, as chair of our Anti-money laundering Committee, I am pleased to report that the Caribbean Financial Action Task Force assessed the state of the Turks and Caicos Islands technical compliance with the Financial Action Task Force standards to combat money laundering, the financing of terrorism and weapons proliferation at its 55th Plenary Meeting at the end of 2022.  The CFATF reported that the Turks and Caicos Islands had now received largely compliant or compliant ratings on 35 of FATF’s 40 Recommendations for technical compliance. Overall, the Turks and Caicos Islands was assessed as having made significant progress in addressing the technical compliance deficiencies identified and remained compliant in others. This assessment now places the Turks and Caicos Islands amongst the leading jurisdictions assessed so far on technical compliance.  The jurisdiction continues to make progress on the five remaining FATF Recommendations and with our efforts at greater national coordination and cooperation amongst public and private sector stakeholders, it is intended that the Turks and Caicos Islands will report further meaningful progress on completing the remaining areas by November 2023. 

My Lady, since the last Opening of the Legal Year, my legislative drafting division delivered 37 Ordinances covering diverse priority areas in accordance with the Government’s legislative agenda.

Notable legislation:

1. Maritime Law Enforcement (Co-operation) Ordinance 2022 – Important legislation with the aim of formalizing the Agreement between the Turks and Caicos Islands and The Bahamas to co-operate in combating the unsafe transport and smuggling of irregular migrants, trafficking in persons and narcotic drugs, trafficking in firearms and ammunition and illegal, unreported and unregulated fishing.
2. Public Sector Employees Pensions Fund Ordinance 2022 – Ground breaking, provided legal framework for establishing a new pension fund for public officers.
3. Business Licensing (Fees and Penalties) (Amnesty) Ordinance 2022 – Seeking to encourage persons to settle their outstanding licence fees with the help of an amnesty on the penalties.
4. Chief Justice (Responsibilities) Ordinance 2022 – Formally provided for the responsibilities of the Chief Justice as head of the judiciary for the first time.
5. Grand Turk Enhancement and Sustainability Agency Ordinance 2022 – A seminal ordinance for the island of Grand Turk. It establishes an agency which will have oversight over and execute projects and services that will construct, upgrade, preserve and rehabilitate infrastructure throughout the island of Grand Turk so that the rich cultural heritage and history are maintained.
6. Immigration (Amendment) Ordinance 2022 – To stiffen the penalties around harbouring illegal immigrants, creating an aggravated offence for assisting illegal entry and stiffen the penalty for assisting illegal entry.
7. Merchant Shipping Ordinance 2022 – This Ordinance make provision for all matters relating to merchant shipping and fulfilling the obligations under the applicable international instruments i.e. the IMO Instruments Implementation Code (III Code).
8. Statistics Ordinance 2022 – This Ordinance establishes an independent statistical authority for the Islands and to have a harmonised statistical information system to facilitate the better planning, monitoring and evaluation of the development of the Islands.
9. Court of Appeal (Amendment) Ordinance 2022 – to improve effectiveness by empowering a Judge of the Court of Appeal to extend the time within which an appellant must give notice to the Registrar of the Supreme Court and to the opposite party or parties in an action.

As the legislative calendar neared the end of the year, the Turks and Caicos Islands saw a significant surge in deadly and violent gun crime linked to region organized crime.  The explosion of gun violence and regional organized crime threatened our sense of well-being, and posed a serious threat to the social and economic development of the Islands.  specific pieces of legislation designed to urgently address 9 key issues identified by the RTCIPF.  12 Bills were passed in the House in November, designed to:

• Stiffen penalties for gun related crimes
• Strengthen police powers and provide additional tools to gather intelligence, investigate, stop and search, detain, and break up criminal activities connected with gangs and the use of firearms; and
• Protect law enforcement and other front line officers, witnesses and those who fight hardened criminals on the front lines.

7. Interception of Communications Ordinance 2022 – This Ordinance was part of the crime fighting suite of legislation for the Islands. Among its goals is to provide a single legal framework for the use by law enforcement and intelligence agencies of investigatory powers to obtain communications and communications data.
8. Anti-Gang Ordinance 2022 – This Ordinance was part of the crime fighting suite of legislation for the Islands. Among its goals-the protection of the public and the suppression of gang membership and activities in the Islands.

In so far as subsidiary legislation is concerned, around 96 legal notices have been published since my last address covering a vast breadth of subject areas. Notable subsidiary legislation:

1. Restorative Justice Rules 2022
2. Legal Aid (Early Criminal and Civil Assistance) (Amendment) Rules 2022
3. Legal Aid (Amendment) Rules 2022
4. Revised Edition of the Laws 2021 Commencement Order 2022

My Commercial division produced 146 agreements (including development agreements, goods and services agreements, leases, licences, MoUs and other documents and 313 legal opinions.

The work of my Civil division was dominated by challenges in the area of immigration, asylum and status claims.  It is anticipated that these matters will continue in the year ahead.

My International division’s most significant strand of activity was working with the UK’s Office of Financial Sanctions and the FCDO to advise and support HE the Governor and relevant public sector stakeholders to ensure the effective implementation of sanctions against a number of rogue states and actors under our sanctions regime. 

The breadth and depth of the sanctions promulgated against Russia in the aftermath of its invasion of Ukraine in February is unprecedented. Members of the profession are now well acquainted with how complex this area of the law can be.

Nonetheless, the Turks and Caicos Islands is more than doing its part to ensure compliance with sanctions as they come into force and evolve. The sanctions cover a wide swathe: from finance to trade to immigration to import restrictions.

Staff: My Lady since my last report, Ms. Candice Rochester, Ms. Shenda Murray and Mr. Herbert Dakasi each took up appointments as Senior Crown Counsel and just this week Ms. Tamika Simms Williams was appointed Crown Counsel. We welcome their arrival and the contributions they made during the course of the year.  We also saw the departures of Senior Crown Counsel Libby Charlton and Shenda Murray.  Although we are sorry to see them go we thank them for their service and wish them well in their future endeavours.

Judiciary: My Lady, respect for the rule of law is the key principle in fostering a just and fair society. The work that you are leading to foster reforms across the justice delivery system are prolific.  The presence of members of the executive and legislative branches today joining with the members of the bar to show strong support for the work of the judiciary and join in collective prayer are testaments to our commitment to working closely with and ensuring the viability of our judicial administration throughout the islands. We acknowledge with profound appreciation the work of the Judiciary under your leadership and your collective drive to provide access to quality justice. This work requires our stronger collaboration as stakeholders in the delivery of justice in these islands.  In this vein, I wish to publicly especially recognize and thank not only the judiciary but all of the members of the Criminal Justice Stakeholders’ Group including the Office of the Director of Public Prosecutions, the Royal Turks and Caicos Islands Police, the Prison service, the Social Development Department and the Bar, for our collective efforts to improve the administration of justice in these islands.

My Lady, in closing we acknowledge the departure of Mr. Justice Shiraz Aziz and Renee McLean former Registrar of the Supreme Court and thank them for their service to the judiciary and the people of the Turks and Caicos Islands.

My Lady, as law officers, we stand in full support of the work of the judiciary and wish you, and the entire judiciary a prosperous and productive New Year.

CONCLUSION

My Lady, in conclusion, it has been yet another full year and undoubtedly challenges lie ahead for the forthcoming one. We are ready to face those challenges.

My Lady, it remains for me to formally move for the Opening of the Legal Year 2023.

May it please the Court.

Rhondalee Braithwaite-Knowles, OBE KC

Hon. Attorney General

4^th January 2023