ATTORNEY GENERAL’S CHAMBERS

 Legal Report by the Hon. Attorney General Rhondalee Braithwaite Knowles OBE QC on the ceremonial sitting to mark the Opening of the Supreme Court of the Turks and Caicos Islands for the Year 2022

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

My Lord Mr. Justice Shiraz Aziz,

My Lady Ms. Justice Tanya Lobban-Jackson,

My Lord Mr. Justice Carlos Simons OBE QC,

Introduction and Protocol – At your invitation, My Lady Chief Justice, I rise to move the motion for the ceremonial sitting marking the Opening of the Supreme Court of the Turks and Caicos Islands for the year 2022.

My Lady with your leave, I wish to acknowledge the presence of each of our specially invited guests who have chosen to join us either virtually or in person, despite the challenges of these extraordinary times.

His Excellency the Governor Mr. Nigel Dakin CMG

Her Excellency the Deputy Governor Mrs. Anya Williams MBE

Honourable Premier Mr. Charles Washington Misick OBE

Honourable Cabinet Ministers

Honourable Speaker of the House of Assembly Mr. Gordon Burton

Honourable Leader of the Opposition Mr. Edwin Astwood

Honourable Members of the House of Assembly

Honourable President of the Court of Appeal Mr. Justice C. Dennis Morrison OJ CD QC

Honourable Justices of the Court of Appeal Mr. Justice Humphrey Stollmeyer; Mr. Justice Stanley John; and Mr. Justice Ian Winder

His Honour the Chief Magistrate Mr. Jolyon Hatmin and their Honours Ms. Keri-Anne Kemble, and Mrs. Oreika Selver-Gardiner

Learned Director of Public Prosecutions Mr. Eugene Otuonye QC

Commissioner of Police Mr. Trevor Botting

Superintendent of Prisons and Head of the Department of Corrections and Rehabilitation Mr. David Bowden

President of the Turks and Caicos Islands Bar Council Mr. Selvyn Hawkins Jr Members of the Senior Bar and colleagues at the Public and Private Bar

Doyen of the Bar Mr. Ariel Misick QC

Registrar of the Supreme Court Ms. Renée McLean and the staff of the Judiciary

Canon Mark Kendall and Revd. Fr. Lynden Douglas

Members of the Media

My Lady, in moving this motion, I crave your indulgence to make some brief remarks on 2021, as well as the year ahead.

My Lady, we sadly note the passing of Mr. Justice Paul Harrison in February last year. Our thoughts and prayers are with his family and loved ones.

Covid-19 – My Lady, although the implications of the Covid-19 pandemic continued to dominate our lives and livelihoods in 2021, but for the spikes of the last week, as a country, we were doing rather well despite the waves of changing circumstances.  Today’s hybrid ceremony is an example of how quickly we have learned to adjust to keep things moving.  Many of the challenges have presented opportunities.

One valuable constant which has helped to strengthen the rule of law, is the steadfast support of the other branches of government to ensuring that the work of the judicial branch carries on in the interest of justice.  I have been able to shepherd important key legislation through the Cabinet and the House of Assembly with what was on most occasions unanimous support.  

Despite the challenges, the Judiciary must be commended for great flexibility in adapting to the restrictions by facilitating, among other things, the electronic filing of documents and virtual hearings. At all times, the courts remained functional, even with hearings where the Judge, parties and counsel were in multiple locations, and have returned to jury trials.

Synergies – My Lady, the collaborative public sector/private sector work of the Criminal Justice Stakeholders’ Group has yielded much fruit and I look forward to further collaborations in 2022 to advance important initiatives such as a purpose built court complex on Providenciales, creating E-Judiciary and E-Justice systems to digitize and better manage work flow or the Judiciary and key Criminal Justice Stakeholders on a phased basis and the expansion of the Victim and Witness Support Unit within the ODPP. It is hoped that these initiatives and proposals will be met with the same strident support from the other branches of government and realized within the five-year strategic plan agreed between the stakeholders and endorsed by the Cabinet. 

My Chambers – My Lady, I recognize that the success of my Chambers is built on the efforts of our team members.  We’ve come through a year that was filled with both challenges and victories. Through their hard work, ground breaking legislation has been produced for the people of the islands, including to protect public health.  Their efforts helped the Government to deliver its capital programme and its investment goals. Their hard work assisted in the realization of more secure borders, stronger financial services and law enforcement systems and advanced our national security objectives.  Through their skillful litigation and negotiation, they have defended the reputation and protected the revenues of the Islands. There is a lot more work ahead of us in 2022, but My Lady, allow me to pause here and to convey my appreciation for their dedicated work over the past year.

January 2021 saw the appointment of Mrs. Khalila Astwood Tatem as only the second Turks and Caicos Islander to be appointed as Deputy Attorney General for the Turks and Caicos Islands. Principal Crown Counsel Shayone Handfield Gardiner is to be congratulated on her well-deserved promotion to head my International division and we welcomed the arrival of Crown Counsel Angy Been as part of our commercial division.  We await with anticipation the arrival of other key team members in the first quarter of 2022.

We also saw the departures of Senior Crown Counsel Vanica Sobers Joseph and Crown Counsel Dominique Gardiner.  Although we are sorry to see them go we wish them well in their other endeavours.

My Lady, by December 2021, my hard working Legislative Drafting division produced 33 Ordinances and 160 pieces of subsidiary legislation.  Covid-19 regulations continued to command the attention of the Cabinet amounting to 27% or 44 of the 160 legal notices made by HE the Governor. 

Notable new legislation in 2021 included:

1. amendments to our Criminal Procedure Ordinance and Civil Procedure Ordinance to insert enabling provisions which empowered the Hon. Chief Justice to introduce rules for court-connected mediation in selected cases;
2. an expansion of the Hon Chief Justice’s rule making power in the Supreme Court ordinance to reform the law around legal aid in three areas and to allow for Rules to be made.
3. Limitation of Actions Ordinance 2021 – a ground breaking Ordinance that now provides the legal framework for the limitation of actions in the Islands.
4. Beach and Coastal Vending Ordinance 2021 – another ground breaking Ordinance to provide for regulation of beach vending activities and to provide a monitoring and enforcement mechanism to ensure safety and protection on beaches and coastal areas of the Islands.
5. Turks and Caicos Islander Status (Amendment) Ordinance 2021 – to enable to commencement of a process for the consideration and clearing of the backlog of applications for TCIslander status.
6. Summary Offences (Amendment) Ordinance 2021 – to introduce stiffer penalties for antisocial behaviour crimes, such as noise nuisance, verbal abuse, threatening behavior;
7. Offences Against the Person (Amendment) Ordinance 2021 – to introduce stiffer penalties for the offences of assaulting a police officer and common assault.

Notable subsidiary legislation:

1. Proclamation of General Elections – allowed for a very important democratic process to take place in the midst of a pandemic
2. Supreme Court (Appointment of Queen’s Counsel) Rules 2021 – a significant advancement for transparency and formality in the appointment of Queen’s Counsel in the Islands
3. Turks and Caicos Islands Constitution (Amendment) Order 2021 – a ground breaking Order to give effect to a Constitutional amendment allowing for an eighth Minister.

In 2021, through the leadership of my International division 14 amendment Ordinances, Regulations and Codes were made to address technical deficiencies as recommended by the CFATF.  Other amendments will be considered by March of this year to place the Islands in a positive position for CFATF re-ratings later in the year.

The International division worked on two (2) Extradition Requests and seven (7) Mutual Legal Assistance Requests or Supplemental Requests to assist Law Enforcement Agencies locally.   The division also completed five (5) MOUs on behalf of LEAs, and the Gaming Control Commission.  Notable were the recently signed Shiprider Agreement and MOU between the Turks and Caicos Islands and the Commonwealth of the Bahamas on Maritime Law Enforcement and a Search and Rescue MOU between the Royal Turks and Caicos Islands Police Force and the United States Coast Guard. 

The division has also been advising on and preparing for a full International Maritime Organisation (IMO) audit. The audit will cover a wide spectrum of areas, including safety at sea and the prevention of pollution from ships.

My Commercial division had another busy year producing or reviewing some 331 agreements, licenses, and other documents.  Of particular importance was the Oxygen Generation System contract needed in both hospitals in support of the Covid-19 measures and the variation to the Grand Turk Cruise ship development agreement to assist in the restart of the cruise industry on Grand Turk.

My small Civil litigation division remained busy with an increase in serious litigation matters and in this regard there were 69 litigation matters in total. Of the 69 litigation matters, 45 or 65% remain ongoing with 24 or 35% having been completed or settled.  Litigation on behalf of the Ministry of Finance and the Ministry of Immigration dominated at 23% and 25% respectively.  In the year ahead, important ongoing litigation surrounding the correct interpretation of immigration related rights will need to be confronted as well as litigation around the correct interpretation of tax revenue.

 

CONCLUSION

My Lady, in conclusion, my prayer for you, all the Judges and Magistrates, the Judicial staff, fellow members of the legal profession and those in attendance this morning is for God to bless us with a safe, prosperous and productive New Year.

I now formally move the motion for the opening of the Turks and Caicos Islands Supreme Court for the year 2022.

May it so please the Court.

Rhondalee Braithwaite-Knowles, OBE QC

Hon. Attorney General

4^th January 2022

 

ATTORNEY GENERAL’S CHAMBERS

Legal Report by the Hon. Attorney General Rhondalee Braithwaite Knowles OBE QC on the ceremonial sitting to mark the Opening of the Supreme Court of the Turks and Caicos Islands for the Year 2021

May it please you my Lady Chief Justice Agyemang,

My Lord Mr. Justice Aziz,

My Lady Mrs. Justice Lobban-Jackson,

My Lord Mr. Justice Harrison,

Introduction and Protocol – I am pleased to rise once again at your invitation to move the motion for the ceremonial sitting marking the Opening of the Supreme Court of the Turks and Caicos Islands for the year 2021.

My Lady with your leave, I would wish to recognize the presence of the specially invited guests –

HE the Governor Mr. Nigel Dakin CMG

HE the Deputy Governor Mrs. Anya Williams MBE

Hon. Karen Malcolm, Minister of Education, Youth, Social and Library Services

Hon. Akierra Missick, former Member of the House of Assembly

Hon. Mr. Justice of Appeal Stollmeyer, President of the Court of Appeal and justices of the Court of Appeal

Hon. Chief Magistrate Mr. Jolyon Hatmin and resident Magistrates

The Director of Public Prosecutions Mr. Eugene Otuonye QC

The Acting President of the Bar Council Ms. Sarah Knight

The Doyen of the Bar Mr. Ariel Misick QC

Members of the Senior Bar and colleagues at the public bar and private bar

The Registrar and members of the Court staff

The Commissioner of Police Mr. Trevor Botting

Deacon Scott Jupp

My Lady, some nine months following your appointment of Chief Justice, I am pleased to publicly welcome you to the Turks and Caicos Islands, congratulate you on your appointment and wish you every success in your tenure as Chief Justice in these islands.

With my Lady’s leave, I propose in moving this motion, to reflect on 2020 as well as to make a few observations on some of the work before us for 2021.

Covid-19 – The Covid-19 pandemic dominated the lives and livelihood of Turks and Caicos Islanders for much of 2020 and brought so many changes and challenges to our working lives that were all but impossible to foresee when we were marking this occasion at the start of last year.

It has utterly changed the world of work. Across the Turks and Caicos Islands and the world, workplaces and practices have had to adapt to a new norm of having to work from home to contain and control the spread of the virus while many other front line workers have continued to carry out their jobs under extremely risky conditions.

In the legal arena, the main challenge posed by the pandemic has been to ensure that the administration of justice does not grind to a halt as a result of the lockdown, curfew and social distancing measures imposed to contain and control it. Consequently, significant efforts have been made to ensure progress in legal proceedings, despite the constraints with priority focus being to ensure continued timely access to justice for all members of the public while at the same time ensuring their safety and that of court staff.

In this vein, with the strong support of the Cabinet, my Chambers assisted the Court with the carriage through the Cabinet and the House of Assembly of Emergency Powers Regulations to enable Court Proceedings to continue, an amendment to the Jury Ordinance to enable augmented procedures for the conduct of jury trials, and the ground breaking Court Live Link (Remote Participation) Ordinance 2020 to modernize the law to allow for remote participation in proceedings before all courts and tribunals in the Islands in both civil and criminal matters. In moving these initiatives through, we have had to be innovative, consultative and collaborative. Despite the very fraught nature of some of our early exchanges and a legal challenge that reached the Privy Council, with the strong collaboration amongst the judicial administration, the bar, the Office of the DPP and my Chambers, we got there.

The inevitable increased role of technology in access to justice has been brought into sharp focus as a result of Covid-19 and I am excited about the opportunities before us.

Synergies – My Lady, the importance of synergy between the various stakeholders of the justice system cannot be understated and through the work of the Criminal Justice Stakeholders’ Group comprising the Judiciary, the ODPP, the RTCIPF, Social Development, HMP, and my Chambers, under your leadership we saw the inclusion of representatives of the Bar in the work of the group creating greater synergies and promoting mutual respect and understanding. With the strong engagement of HE the Governor who has committed to championing additional resources from the United Kingdom to support the shared strategy and action plan to address key deficiencies in the administration of justice in the Islands, I remain confident in the growing usefulness of this still recent initiative.

My Chambers – My Lady, my Chambers has kept to our promise of proactively work with key stakeholders across Government to develop sound legal solutions. I want to take this opportunity to publicly thank former Deputy Attorney General Dr. Michael Dillon and the Heads of each Division (Khalila Astwood, Desiree Downes, Yaa McCartney and Clemar Hippolyte) for their hard work and determination over the course of a very challenging year. My Lady, I am pleased to report that the provision of legal services continued uninterrupted by Covid-19 with teams working from home and ably adapting to the challenges of virtual working life despite some personal challenges.

My Lady, by 24th December 2020 when the House of Assembly was dissolved, my Legislative Drafting division had produced 38 Ordinances and 141 Legal Notices.

Notable new legislation included –

1. The Notary Public Ordinance 2020

2. The Vulnerable Witnesses Ordinance 2020 (ground breaking legislation to provide a legal framework for the protection of vulnerable witnesses)

3. The Sexual Offences Ordinance 2020

4. The Defence Ordinance 2020(Ground breaking in the area of increased national security)

5. The Court Live Link (Remote Participation) Ordinance 2020.

Notable subsidiary legislation included –

1. The Civil Procedures Fees Order 2020

2. The Children (Care and Protection) Regulations 2020

3. The Prisons (Control and Use of Equipment) Regulations 2020 (To address issues of management and control at the prison. For the supply, control, use and accountability of personal protective equipment (taser guns, pepper spray, body worn cameras) supplied to Prison Officers.

My Lady, it will come as no surprise that Covid-19 dominated legal notices amounting to 48% of the 141 legal notices made in 2020; with 36 emergency powers regulations (representing 25% of the legal notices made) or 32 public health regulations (representing 23 % of legal notices).

My International Division continued to improve the TCI's compliance with its international obligations, including –

1. Coordinating follow-up actions nationwide recommended by the CFATF Mutual Evaluation Report published on 20 January 2020;

2. Providing an expert assessor for the Cayman Islands CFATF Mutual Evaluation Follow up Report;

3. Obtaining Cabinet’s approval for a revised anti money laundering committee structure, three year budget and strategy with supporting amendments to the Proceeds of Crime Ordinance;

4. The introduction and issues of 110 Financial Sanctions Notices (FSNs) in relation to individuals and entities that subject to financial sanctions under the UN, UK and EU sanctions lists – all without delay.

5. Delivery of training initiatives to improve the level of understanding of the FATF Anti- Money laundering and Combating of Financing of Terrorism standards and requirements, amongst key stakeholders:

1. A three day Human Trafficking Training session for immigration, employment services and Police in March 2020 in collaboration with the Ministry of Immigration; and

2. A three day training session in collaboration with the Office of the Director of Public Prosecutions in November 2020 for the Police, Customs, Immigration and the Integrity Commission.

6. Participation in virtual trainings on Trade-based Money Laundering, Asset Recovery and the Detection of Money Laundering and Terrorist Financing in Relation to Covid-19.

7. Reviewing international agreements and MoUs such as the proposed Shiprider Agreement and MoU to promote cooperation between the Turks and Caicos Islands and the Commonwealth of the Bahamas which are in late stage final review by the United Kingdom before being signed.

8. Processing mutual legal assistance requests, extradition matters and the extension of international conventions to the TCI.

9. Participation in a project to modernise all major aspects of maritime law to bring the TCI’s laws in line with many key IMO instruments and conventions.

My commercial division had another busy year producing –

1. 169 Agreements (development agreements, goods and service contracts, leases, and licences) and 10 MoUs.

2. Out of the 169, 3 development agreements were executed within this financial year and 3 finalised awaiting execution with a number of others still under negotiation.

3. The Division assisted in processing over 200 applications relating to First-time home owners, Covid-19 Stamp Duty Policy, and Covid-19 Stimulus programme.

My Civil litigation division remained busy with an increase in serious litigation matters and in this regard, I want to single out the work done by three outside counsel in collaboration with my Chambers on matters of great importance to Government whose skillful assistance deserves special recognition – Andrew Mitchell QC and the team who offered their services to my Chambers pro bono; Stephen Wilson QC in respect of certain sensitive litigation matters and Laurence Harris and his team in respect of some civil recovery matters.

Training Opportunities – My Lady, through the ongoing collaboration with the Office of the DPP, we once again did our part to promote the training and admission of local attorneys with the support of HE the Deputy Governor. Through this initiative, we completed the post qualification training of Ms. Angie Been and anticipate the support of the Bar for her general admission later this month.

Farewells – My Lady, I pause to acknowledge the legacy of the Hon. Mr. Justice of Appeal Sir Elliott Mottley, former President of the Court of Appeal who stepped down as President in 2020 following a long and illustrious career at the Bar and on the Court of Appeal Bench in the Turks and Caicos Islands. I also thank the former Hon. Resident Magistrate Kamar Anderson who moved on in 2020. I wish to publicly congratulate my Lady Justice Lobban-Jackson on her elevation and Hon. Hatmin on his appointment as Chief Magistrate as well as former President of the Bar Council Mrs. Selver-Gardiner on her upcoming appointment as Hon. Resident Magistrate.

CONCLUSION

This morning’s ceremonial opening of the legal year is not just about keeping traditions, especially in the context of the challenges presented by Covid-19, it is important for the members of the public to see the judicial administration and the legal fraternity, as key stakeholders in the administration of justice to take stock of the year that has been, and to foreshadow the necessary work for the year ahead as well as to collectively pray for guidance at the start of the legal term and to re-affirm our commitment to upholding the rule of law and defending access to justice for the people of our islands.

My Lady, as law officers, we stand in full support of the work of the court and wish you, my Lord Justice Aziz, my Lady Justice Lobban-Jackson, my Lord Justice Harrison, my Lord President of the Court of Appeal and the Justices of Appeal, the Honourable Magistrates, the Hon. Registrar and the entire judicial administration a prosperous and productive New Year.

I now formally move the motion for the opening of the Turks and Caicos Islands Supreme Court for the year 2020.

May it so please the Court.

Rhondalee Braithwaite-Knowles, OBE QC

Hon. Attorney General

4th January 2021

Attorney General's Chambers

 

Speech by the Hon. Attorney General Rhondalee Braithwaite Knowles OBE QC at the Special (Valedictory) Sitting of the Court of Appeal in honour of the retirement of the President of the Court of Appeal the Hon. Justice Sir Elliott Mottley KCMG, Q.C., LL.D

May it please you my Lord President of the Court of Appeal.

My Lord, with your leave, I recognize my Lady the Hon. Chief Justice of the Turks and Caicos Islands and wish to accept the protocol recognised by her in her speech.

My Lord, it is right and proper for a grateful nation to take the time to reflect on your the long and distinguished legal contribution to our Islands and to our Region. In this regard, I welcome and support the remarks made by our Honourable Premier this morning in her speech.

It is noteworthy My Lord that you have served no less than three of our sister Overseas Territories in Bermuda and Cayman along with our islands at the appellate level of the court and at critical times in the development of all of our jurisdictions; delivering landmark judgments across the Overseas Territories; and throughout the Region, having also served in the Courts of Appeal in Barbados and Belize as well. All of these appointments point to a strong and long legacy of enviable regional service which can be claimed by only a very few attorneys in our Region.

On the announcement of the 1999 White Paper Partnership for Progress and Prosperity: Britain and the Overseas Territories, it was said that –

“To ensure development is sustainable, we need to make sure that the basic pillars are in place.

These pillars were identified in the White Paper.

They are: good governance, including the rule of law; protection of the natural environment; and human rights.

Without this firm underpinning, sustainable development will not be achieved.”

My Lord, these words reveal the truth of the matter. We are products of a real struggle for economic growth and social development here in the Turks and Caicos Islands and also in the context of the wider Caribbean community. There is still the reality of continuing growth, of incompletion, of a continuing reach for an economic, social, cultural and fully developed conclusion by global standards even as Sister States and territories strive for greater integration and urgent cooperation, not only here in this region but around the world.

Each nation on its own is struggling to survive the debilitating forces of comity, of poverty and of social and economic divisiveness, in that struggle each country stands in urgent need of the input, the talent and the specifically disciplined capabilities of each of its citizens particularly its qualified youth who are trained to understand and to tackle and to conquer the challenges of this century.

This reality means that key stakeholders play central roles in achieving sustainable development in our beloved country. A key stakeholder is without doubt the Court of Appeal. As recognised by the former Chief Justice of these Islands My Lady Justice Ramsey Hale during the opening of the Legal Year in January and now repeated by our Governor His Excellency Nigel Dakin in his speech this morning - without a transparent, efficient and effective judiciary, willing to tackle some of the most challenging issues faced by our communities, the desired economic reality will not be achieved.

My Lord, your achievements over the past 17 years of judicial service in these islands are important steps toward making your contribution to the development of our country and are worthy of being honoured here today.

Over the 17 years of my Lord Justice Mottley’s tenure, the Turks and Caicos Islands Court of Appeal and the islands as a whole have benefited from your wit, insight, erudition and wisdom. The recitation of some of the landmark judgements cited by My Lady the Hon. Chief Justice Agyemang in her speech are but a few of the judgments that will ensure that the influence of my Lord Justice Mottley will long be felt in the continuing development of these Islands. It is noteworthy that in my Lord’s valedictory judgment after such a long and illustrious career spanning no less than 59 years, would be a guiding light into the modern era in that it establishes the precedent that the court should perform its functions and provides its services in a manner that ensures justice is done using the available technology or whatever tools are available to ensure the good and proper administration of justice and fairness are maintained in the public interest. 

Those of us who had the privilege to appear before you my Lord, over the years will fondly remember your good humour and patience and sometimes, impatience with our submissions. I can recall my first fumbly appearance before you in the Court of Appeal and your patient and wise guidance which have made a valuable contribution to the ongoing development of my own legal career. My Lord has certainly shaped the jurisprudential landscape of the Turks and Caicos Islands through your judgements but also for many of us at the Bar through your exemplary legal service. I feel a personal connection with him as my father is also from Barbados and upon learning of the retirement of Justice Mottley made a point of asking me to mention his good wishes.

My Lord, may I personally thank you for your contribution to these Turks and Caicos Islands and for your stellar service over our entire Region as detailed by Hon. Mr Justice Barnett, Chair of the Judicial Service Commission and by His Excellency the Governor Nigel Dakin in their speeches this morning. I want to thank you my Lord for your personal encouragement and wisdom and kindness shown to me in this office and as a member of the Bar. My Lord, I wish to thank, through you, your lovely wife Amor and your family for their sacrifice in giving you the necessary support to enable you to make such an outstanding commitment to these islands over the years.

Although we are marking your retirement my Lord, as one of our justices of appeal and as President, I understand that you will continue to be actively in private practice in Barbados and we therefore look forward to the rest of the story and to continued collaboration. As they say in the movies, to be continued.

May God bless you my Lord.

May it so please the Court.

 

Rhondalee Braithwaite-Knowles, OBE QC

Hon. Attorney General

7th December 2020