My Lady Chief Justice, other Honourable Judges of the Supreme Court, Honourable President of the Court of Appeal and other Justices of Appeal, Chief Magistrate, and other Honourable Magistrates, Learned Director of Public Prosecutions, President of the Turks and Caicos Islands’ Bar Council, the Doyen of the Bar, Acting Commissioner of Police, Chair 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, 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 By SI NO.1128 of 2024, came into force on 10th 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 4th 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
6th January 2025
