Introduction
My Lords, Justices of the Supreme Court, Ms. Justice Tanya Lobban Jackson, Mr. Justice Anthony Gruchot, Mr. Justice Chris Selochan and Acting Judge Jeremy Donne, may I wish you a very good morning, and welcome you to the special sitting of the Supreme Court to mark the Opening of the Legal Year 2025.
I acknowledge the participation of the President of the Court of Appeal, The Hon. Justice of Appeal Alice Yorke Soo Hon, and Judges of the Court of Appeal who are attending this sitting virtually.
My Lords, while I stand on existing protocol, may I with your leave welcome Her Excellency the Governor, Ms. Dileeni Daniel-Selvaratnam, the Honourable Premier Mr. Washington Misick and the Cabinet of the Turks and Caicos Islands, Her Excellency the Deputy Governor Ms. Anya Williams, the Honourable Deputy Premier Mr. Jamell Robinson, the Chairperson of the Judicial Service Commission, Madame Justice Hilary Phillips, Members of the Judicial Service Commission, Madame Justice Zaila McCalla and Dame Janice Pereira, joining us remotely, Resident Magistrates their Honors, Selver-Gardiner and Arana and The Coroner H/H Mills, Professor Nick Barber who will be delivering our Sir Richard Ground OBE QC Memorial Lecture Series 2025, and Mrs. Barber, Mr. Eugene Otuonye KC, former Director of Public Prosecution and Mrs. Otuonye, and all our esteemed guests, to this special sitting of the Supreme Court for the Opening of the 2025 Legal Year.
My Lords, we follow tradition today as we do every year, to mark the official Opening of the Legal Year 2025. This year, having listened to the stories of inconvenience related to the activities marking the Opening, we have made two changes which we hope will meet with the approval of the court and our guests. The first is that we have moved the Legal Year Opening from 4 to 6 January as the former was too close to the New Year festivities and had become burdensome. The second is the curtailment of this court sitting in that the customary speeches have been sent for publication this morning, and will therefore not be delivered in their entirety. I trust that these changes meet with your approval and the approval of our stakeholders and guests.
My Lord, the Opening of the Legal Year is the highlight of the legal year of the Turks and Caicos Islands. It is celebrated with the exhibition of pomp, as we show forth the grandeur of the law and its place in the administration of justice. We give thanks for our work in the previous year and pray for divine guidance for the legal year at a church service, followed by a special sitting at which we give a report of our work, and speak of our successes as well as our challenges, and set forth our goals for the year. We then round off the day’s activities, with an elegant event dedicated to the memory of a former Chief Justice who poured himself into the Judiciary of these islands.
In doing all these, we say two things to the Turks and Caicos Islands. The first, is that we recognise the confidence you have reposed in us by entrusting us with the administration of justice in these islands. The second is that while we boast of our strengths, we acknowledge our weaknesses with humility. We give our collective word that we will strive to improve our performance in the areas in which we have faltered or have been found wanting, and we shall endeavour to live up to the country’s well-founded expectations.
This year, our departure from tradition also includes a drive to provide to the country, a holistic accounting of our work and the work of related institutions. To this end, the full Opening Speech by the Chief Justice, as well the speeches of the Hon. Attorney General, the Learned Director of Public Prosecutions, the President of the Bar Counsel, the distinguished Doyen of the Bar, the Commissioner of the Royal Turks and Caicos Islands Police Force, the Superintendent of His Majesty’s Prison, the Director of the Department of Rehabilitation and Community Services and the Director of the Department of Social Development have this morning been published on our website: judicial.tc., and have been made available to media houses. They will also be published on the websites of each reporting institution in the coming days.
With these preliminary remarks, I call attention to the fact that we have before us once again, the motion of the Honourable Attorney General of these islands as supported by the Learned Director of Public Prosecutions, the President of the Bar Council, and the Doyen of the Bar for the opening of the 2025 Legal Year. My Lords, I acknowledge the remarks brought by the Hon. Attorney General on behalf of her Chambers as well as on behalf of our stakeholder institutions. I also acknowledge the remarks of the Learned Director of Public Prosecutions, the President of the Bar Council, and the Doyen of the Bar, and I express my gratitude for their unwavering support of the Judiciary. The Judiciary of the Turks and Caicos is enriched by your constancy as we collectively pursue the goal of providing access to quality justice to all persons of these islands.
HIGHLIGHTS
The Sir Richard Ground OBE QC Memorial Lecture Series
My Lords, the legal year 2024 commenced with the Sir Richard W. Ground, OBE QC, Lecture/Dinner Series which was delivered by the Rt Hon. Sir Declan Morgan, Member of His Majesty’s Most Honourable Privy Council. The successful lecture/dinner which was attended by the judiciary and its stakeholders, was the evidence of the harmonious relationship enjoyed by the judiciary with the Bar as well as the other arms of Government and Government institutions and agencies.
Mediation Day
My Lords, the Judiciary of the Turks and Caicos Islands which remains steadfast in its commitment to “[provide] access to quality justice", moved the Judiciary forward in 2024, towards the fulfilment of its mandate in important areas. I will start with a happy event: the celebration of Mediation Day on 17th October 2024. This was our local celebration of the global International Mediation Day, our first, since Court-Connected Mediation was introduced in these islands in 2021.
As was fitting, the first Mediation Day was dedicated to celebrating the work of our well-trained mediators who resolve disputes as part of the judiciary’s alternative dispute resolution programme; they achieve amazing settlements for persons seeking justice, outside of the walls of the courtroom.
Although access to justice through mediation is championed by the Judiciary there is room for improvement in the embrace by members of the public who, having been used to the process of litigation, are often hesitant to explore the alternative mechanism presented by court-connected mediation. We therefore, in our continuing efforts to champion mediation as a viable alternative dispute resolution mechanism, used the Mediation Day celebration to also bring more awareness to the mediation process.
Special Sitting
My Lords, the second happy event was the successful honouring ceremony by which we saw off two eminent jurists for their contribution to the jurisprudence of these Islands. In the special sitting, which was held on 27th November 2024, The Honourable Mr. Justice of Appeal Stanley John who served as a member of the Court of Appeal until 3rd November 2024, and the Honourable Mr. Justice Davidson Baptiste who demitted office on 30 June 2024, were recognised for their exemplary work, and for their commitment to justice and to justice delivery in these Islands.
Ordinances, Rules and Regulations
My Lords, in 2024, the Judiciary continued to make improvements in the quality of its work, by issuing and updating rules and regulations to reflect the evolving needs of the Turks and Caicos Islands. These are:
The Bail Bill:
In 2021, I set up a committee to introduce the first Bail Ordinance to provide guidance and a level of certainty to the grant and refusal of bail in these islands. The composition of the Committee has changed over the years, but I am happy to report that in December 2024, I finally received a draft Bail Bill which I submitted to the Attorney General’s Chambers for progressing. I thank all the persons who worked on this committee, and will in due course, acknowledge them by name along with others who have worked on other legislation committees.
The Legal Profession (Admissions and Other Procedures) Regulations 2024.
In consultation with the Bar Council, and with the approval of Her Excellency the Governor in Cabinet, I published these regulations which came into force on 1 November 2024. The Regulations provide some certainty in the process by which persons trained in the law will be admitted to practise before the courts on the Turks and Caicos Islands, whether as members of the Bar admitted to practise generally, or as persons admitted to advise, or appear in cases on a limited admission. The Regulations also provide for the circumstances under which the Bar Council may take over the law practice of an attorney who for specified reasons, can no longer work as an attorney. This power provides protection to members of the public when attorneys to whom they entrust their legal affairs and cases are no longer in a position to perform their duties towards their clients.
Probate and Administration (Non-Contentious) Rules 2024
The niggling issues related to probate and administration of the estate of deceased persons are being tackled with Rules that will put to bed matters that have caused anxiety to personal representatives of deceased persons. The Probate and Administration Rules 2024, deal with non-contentious probate and seek to streamline procedures for dealing with the estates of deceased persons. It is hoped that in a few weeks, the second part of the Rules which deal with contentious probate and administration matters will also be published.
Contempt of Court Rules 2024
These seek to bring discipline and to correct as well as to punish behaviour that would undermine the administration of justice.
The Legal Aid (Amendment) Rules 2024
These provide further guidance on eligibility for legal aid. They are aimed at improving the administration of legal aid as the judiciary seeks to aid poor persons to access quality justice while we protect the public purse.
Practice Direction 1 of 2024 provides procedures for the enforcement of decisions and awards of the Labour Tribunal. It is aimed at filling the gap between the awards of the Labour Tribunal and the realisation of the said awards.
Judicial Handbook for Staff
In May 2024, the Judiciary published the Handbook for Judicial Staff, to provide guidance to all judicial staff for improved performance and the proper discharge of their duties. The handbook provides a comprehensive overview of key concepts, procedures, and best practices in judicial administration. Regarding procedures, information is provided on court office procedures at all levels of the court, as well as the conduct of mediations. The handbook also contains information on how to maintain professionalism, collegiality, communication within the institution, and the management of conflicts among members of staff. The Judiciary’s core values of excellence of output, accountability, responsiveness in service, independence, integrity and impartiality are explained. The provision of this handbook in staff protocol development was successfully, but softly, launched. It is my hope that the goal of improving efficiency and integrity in justice delivery will be achieved and maintained with this work.
Judicial Education
My Lords, Judicial Education in the Turks and Caicos Islands continues to soar to attain new heights. In 2024, JEI delivered the two mandatory trainings for Justices of the Peace and also provided training to the Bar at their request on Probate Matters, and Civil Advocacy.
In February 2024, the JEI organised training for judges and magistrates on the topic of Judicial Comportment, which was delivered by Justice Baptiste.
In March, training was organised for the Bar on Civil Advocacy which was delivered by Mr. Ian Wilkinson KC and Mr. Tim Prudhoe. The Hon Justice Ian Morley KC, Mr Oliver Smith KC and Ms Lara Maroof delivered training on Criminal Advocacy.
In that same month, Justices of the Peace received training on the topics of “The Workings of the Liquor Licensing Authorities” delivered by Mr. Ricardo Don Hue Gardiner and “An Introduction to Criminal Legal Concepts” delivered by Mr. Clement Joseph.
In May training on “The Proceeds of Crime” was delivered by presenters from the Eastern Caribbean Supreme Court Antigua, the Asset Recovery Unit, Barbados, the National Center for State Courts, Barbados and Jamaica, delivered training on “The Proceeds of Crime”.
In the third week of September 2024 (the week of 16-20 September 2024), the JEI treated the Judiciary and its stakeholders to a festival of learning and ideas. Accomplished and distinguished presenters from around the region as far as Brazil, and from Canada, provided training for the Bench, Judicial Staff, the Bar, and Justices of the Peace.
Judges, Magistrates and members of the Bar received training on Artificial Intelligence, Environmental Issues, Anti-Money Laundering legislation, processes and best practices, how we can incorporate procedures into justice delivery for Vulnerable Groups, and how judges, and magistrates may engage social media in decision. Learning was also provided on Courtroom Management and Avoidable Delays, Judgment Writing in Criminal Cases/Extempore Judgments and Summations, as well as Disclosure in Criminal Cases. We washed the enjoyable fare down with a lecture on safeguarding our Mental Wellness in the stressful occupations that keep the wheels of justice oiled and turning.
Our hardworking Judicial Staff also received refresher training on “Court Procedures”, and Justices of the Peace, received training on “Warrants and Judicial Ethics”.
JEI looks forward to implementing an exciting training calendar this year. The hope is that we will do some in person trainings as well as our signature webinars which will be done quarterly.
JEI Week 2025 also promises a wide array of important topics which will I am sure, surpass any JEI week we have had so far. We thank all our presenters as well as our participants. You keep us going.
In 2025 we will also be organising seminars on behalf of our stakeholders who have requested them. JEI will always be at your service, to provide the tools necessary for improved legal and judicial work. To that end, the Judicial Education Committee encourages all to visit our website dedicated to judicial education at jei.tc. There, one will find presentations long forgotten but helpful as refreshers for persons who have participated in our training seminars. For those who have not, you will be amazed at the store of knowledge available to you at the click of a button. The goal is to provide access to knowledge and by it, to deliver quality justice in these islands.
Law Reporting TCILII, WIR, JUST-CONNECT
My Lords, I am happy to note that our internet reporting website TCILII which is linked to global resources and provides free access to legal material, continues to enrich the research of judges, magistrates, Registrars and attorneys. TCILII is a compendium of judgments and other sources of law and provides links to primary legal material, including updated legislation. It is also the source of first-hand information on judgments given by our courts. The posting of judgments as soon as they are delivered also provides details of case outcomes for accurate media reporting, an invaluable tool that aids in the proper dissemination of information. The website continues to garner interest internationally and puts our judiciary on the Legal Information Institutes (LII) map worldwide.
With great pride I inform my Lords that our cases continue to be reported in the West Indian Reports. Volume 104, the latest volume reports two of our judgments. It is commendable that since the Turks and Caicos Island’s judiciary joined the editorial board, our judgments are regularly reported in every volume since Volume 99.
I am also happy to report that the Judiciary of the Turks and Caicos Islands joined six (6) of its regional partners, Belize, Barbados, The Commonwealth of The Bahamas, Eastern Caribbean, Guyana and Trinidad and Tobago, in signing on to JustConnect which is a unique collaborative on-line training platform that will benefit the Caribbean region and which will significantly increase judicial training opportunities in the region. Four of our judicial offers: Justice of Appeal Hylton, Justice Selochan, H/H Ms. Arana and H/H Ms. Mills have been appointed to serve on the various Committees which will no doubt foster regional integration. Our Judiciary welcomes this initiative which will advance the administration of justice in the Caribbean through the shared delivery of high quality virtual judicial education.
North Caicos Magistrate Court
It is my belief, that until the Judiciary’s resources enable us to take justice to the doorstep of every citizen, resident, and visitor to this country, we are far from fulfilling our mandate of providing access to quality justice for all the people in the Turks and Caicos Islands. In this regard, I am pleased to announce that we now have in North Caicos, a Magistrate’s Court which is a dedicated space for the delivery of justice to the people of North and Middle Caicos. We are in the process of procuring space in the court building which will enable the decentralisation of Mediation, Restorative Justice and the Coroner’s Court.
It is hoped also that the Judiciary’s quest for a Magistrate’s Court at South Caicos which will enable us to provide decentralised services through judicial kiosks for E Judiciary, will receive due attention.
Regional and International Conferences:
My Lords, In 2024, the members of the judiciary represented the Turks and Caicos Islands at several conferences. These conferences provide a unique platform for us to exchange ideas on best practices, legal reforms, and emerging challenges within the judicial system as well as to keep up-to-date on the latest developments in law and jurisprudence, and enhancing knowledge skills. The Turks and Caicos Islands Judiciary has certainly benefited from networking opportunities which should lead to valuable partnerships within the region and around the world.
In February 2024, at the invitation of the FIDA Grand Bahama Chapter, I attended Grand Bahama Chapter Installation 2024 to present the keynote address entitled “The Practice of the Law – Reclaiming its Pride, Purpose and Place” at the Installation Dinner held in Freeport, Bahamas.
I also, in June of 2024, participated in the Annual Regional Chief Justices and Heads of Judiciaries Conference which took place in Kingston Jamaica and was attended by all Heads of Judiciary. of The two-day conference provided valuable insights on effective court administration as well as the use of technology in adjudication. The topics on which presentations were made included “Crafting an Effective Communication Strategy for the Judiciary in an era of Social Media and AI” and “Effective Strategic Planning and Risk Management in a Changing Court Environment”.
In April 2024, the Hon. Mr. Justice Gruchot attended the 5th full meeting of The Standing International Forum of Commercial Courts (‘SIFFoCC). The meeting was held at Qatar University, Qatar, and was hosted by Qatar and the Qatar International Court and Dispute Resolution Centre (‘QICDRC’). A total of 57 jurisdictions were represented at the meeting at which keynote addresses touched on several pertinent areas including ‘Developing the Relationship between Commercial Courts, Arbitration and Mediation’.
In September 2024 together with the Hon. Mr. Justice Selochan, I represented the Judiciary at the Commonwealth Magistrates’ and Judges Association (CMJA) conference held in Kigali, Rwanda. The conference brought together judicial officers from forty-three countries in the Commonwealth and covered a number of topics of current importance. I presented a paper on a panel that discussed gender-based violence as a sub-theme of the conference theme of “Environmental Justice”.
Also in September 2024, the Registrar of the Supreme Court went on a two-week immersive training program at the Royal Court of Justice in the United Kingdom on the Taxation of Costs and other matters. It is hoped that this training as well as training I hope to source for judges and Magistrates in the United Kingdon will improve our adjudication skills, courtroom practice, and judgment writing.
In November 2024, Justice of Appeal Bernard Turner, led a team of three Judicial Officers, as well as the Court Administrator to the 8th Biennial Conference of the Caribbean Association of Judicial Officers on behalf of the Judiciary.
E Judiciary
My Lords I can report that the implementation of E Judiciary is now very well advanced at all the courts. There has been a successful roll-out of this paperless system at the Supreme Court and Court of Appeal. The implementation at the Magistrate’s Court is on-going. We still have some issues with the kiosk system of decentralisation due to infrastructural difficulties. I can report that in the first quarter of this year, we are likely to introduce the additional feature of on-site payment on the Curia E Folio site.
In-House News
In Memoriam
In February 2024, we lost our former President of the Court of Appeal the late Justice C. Dennis Morrison. Shortly before his demise, by reason of ill-health, he resigned from his position to allow the Court to function properly. In the short time he was with us he made sure that he devoted himself to the work of building our Court of Appeal. With him, I worked on the Court of Appeal Legal Aid Rules. He delivered sound seminal judgments that will continue to shape our judicial and legal landscape. The late President Morrison was also Chair of the Sentencing Guidelines Committee, the Committee for the Production of Disciplinary Regulations for Judicial Officers, and Vice Chair of our Judicial Education Institute. He is sorely missed in all these roles. As Chief Justice of these islands, I wrote a tribute on behalf of the Turks and Caicos Islands for a special sitting held in his memory in Jamaica; so did the Acting President of the Court of Appeal Justice Neville Adderley. I also travelled to Jamaica to participate in his funeral. I do not overstate the matter when I say that we lost a legal colossus; our only comfort is that for about two years, he was our President. The Judiciary echoes Robert Whittingon’s assessment of Sir Thomas More of antiquity to say of President Morrison, that he was “a man of angel's wit and singular learning, [we] know not his fellow; For where is the man of that gentleness, lowliness and affability? And, as time requireth, a man of marvelous mirth and pastimes, and sometime of as sad gravity. A man for all seasons.” May his cherished soul rest in peace.
Retirements, and Appointments
In April 2024, Justice of Appeal Madame Alice Yorke-Soo Hon was sworn in by Her Excellency the Governor as the President of the Court of Appeal. The Honourable Madame President is also the Vice Chair of our JEI, succeeding Justice Morrison in the position.
With the appointment of the President of the Court of Appeal, our esteemed Acting President of the Court of Appeal, The Hon. Justice Adderley finally demitted office, having left an indelible mark on the judicial and legal landscape of the Turks and Caicos Islands. We thank him for the immense impact he has had on our judiciary and our jurisprudence.
Ms. Patricia Arana, who served as the Registrar of the Magistrate of the Turks and Caicos Islands from 2022, was appointed Resident Magistrate of Grand Turk in 2024.
Mr. Justice Rajendra Narine in July of 2024 was sworn in as the Judge to preside over the second half of the SIPT trial.
In October 2024, Acting Judge Donne was sworn in to sit as Acting Judge of the Supreme Court at Grand Turk.
Ms. Sasha Ferguson joined us as a Judicial Research Assistant in April of 2024.
We salute and congratulate all on these appointments within the Judiciary and wish them every success in their respective roles.
As already mentioned, in June 2024, Justice Baptiste, Acting Judge of Grand Turk demitted office, and in November 2024, Justice of Appeal John also demitted office. Some members of our staff left us to pursue other opportunities. We wish them all well in their new endeavours.
An Accountable Institution
My Lords, the Judiciary is the protector and enforcer of rights and freedoms of all persons who live in or do business with these islands. Our mandate is to provide access to quality justice through the provision of user-friendly court processes and procedures which provide unimpeded access to justice. We seek to do this by managing cases brought before the courts efficiently to achieve speedy outcomes. Our strategic objectives, contained in a five-year Strategic Framework document (2020-2025), are: to achieve real, meaningful and sustainable judicial independence, infrastructural reform, to enhance access to justice and to improve the quality of our service through digital transformation and a strengthened court administration.
In the past year, judges and magistrates demonstrated their resilience in their commitment to the delivery of justice, as they navigated what were sometimes challenging circumstances: from having to adapt to E Judiciary, to coping with security concerns related to the discharge of judicial duties, as well as navigating disruptions of work due to infrastructural difficulties.
As we endeavour to achieve our mandate, we require some help, in particular, the provision of appropriate infrastructure, adequate funding and improved staffing. In this regard, I respectfully renew my plea for the things we so desperately need to perform our function creditably, as a judiciary.
I now, give an account of the use of the resources made available to us in actual court work. In this regard, I set out statistics of the work in the courts for the year 2024.
Court of Appeal
In 2024, 22 new appeals were filed. 17 appeals were disposed of. They were made up of 4 criminal appeals and 18 were civil appeals. Two appeals from the Labour Tribunal were also disposed of.
Supreme Court - Criminal
Criminal Cases
The Supreme Court carried over 68 criminal cases from 2023. In 2024, 57 new cases representing a wide range, being Murder, Rape, Robbery, Theft, Assault occasioning Grievous Bodily Harm, were filed. Altogether 78 criminal cases were disposed of by the Supreme Court sitting at Grand Turk and Providenciales, leaving 47 active pending cases which are at various stages in the criminal trial process.
Civil Cases
80 civil cases were carried over from 2023. In 2024, 145 civil cases were filed, 83 cases were disposed of. 20 Family cases were carried over from 2023, 44 new cases were filed in 2024, 18 cases were disposed of.
SIPT Trials
I am pleased to announce that the second of the two severed SIPT trials (Trial A), which was stalled for about a year, commenced in September 2024 with pretrial matters. The trial commenced on 2nd December 2024 and is ongoing.
Magistrate’s Court
The following are the statistics of the Magistrate’s Courts:
Filings at Registry
The Magistrate Court Registry in Providenciales had a total of 3709 matters. The breakdown is as follows: Criminal matters – 281; Traffic tickets – 2772; Immigration matters – 103; Civil claims – 349; National Insurance Board – 25; Care and Protection – 49; Custody – 19; Child support – 37; Adoption – 7; Protection Order – 54; and Access and visitation – 13.
The Magistrate Court Registry in Grand Turk had a total of 374 matters. The breakdown is as follows: Criminal matters – 97; Traffic tickets – 110; DECR matters – 25; Immigration matter – 1; Civil claims – 84; Care and Protection – 18; Custody – 8; Child support – 21; Adoption – 2; Protection Order – 7; and Access and visitation – 1.
Cases Disposed Of
The Magistrate’s Courts disposed of a total of 1435 cases which were made up of fines imposed, custodial sentences. Civil judgements, Family Orders. Probation Orders, and Dismissals/Withdrawals.
The breakdown of the figures are as follows: Providenciales: 1068 of 3709 cases; Grand Turk disposed of 337 of 374 cases; North Caicos; 12 cases and South Caicos, 18 cases.
Conclusion of Rolled Over Matters/Cases
In Providenciales,1 matter rolled over from 2012, 2 from 2018, 2 from 2019, and 4 of 6 matters from 2020 were concluded this year with 1 transferred to Grand Turk.15 matters were rolled over from 2021, and 9 were concluded. 55 matters rolled over from 2022, of which 29 were concluded. In Grand Turk, 2 matters rolled over from 2018, were both concluded; 5 matters were rolled over from 2019, and 4 were concluded in 2024, 1 was referred to mediation. 3 matters rolled over from 2020 and 2 were concluded in 2024. 4 matters were rolled over from 2021, all of which were concluded in 2024. Of 9 matters rolled over from 2022, 8 were concluded in 2024. In North Caicos, 1 case was rolled over from 2022. 8 were rolled over from 2023, 4 of which were concluded in 2024. In South Caicos, 2 matters rolled over from 2021, were concluded in 2024. 1 matter was rolled over from 2022. 10 of the 11 cases rolled over from 2023, were concluded in 2024.
Coroner’s Court
120 deaths were reported/filed at the Coroner’s Court in 2024. These were made up of: 9 cruise ship deaths; 46 suspected homicides; 4 undetermined causes of death; 43 deaths by natural causes and 20 deaths caused by accidents (industrial accidents, accidental drownings and motor vehicle collisions). The total number of matters listed for 2024 were 165. In total the Court disposed of 143 matters in 2024. Of the 84 inquests opened in 2024: 40 were concluded, 2 were closed since they were deemed natural deaths or deaths due to natural causes and 42 remain open.
Of the matters filed between 2019 and 2024: One hundred and one (101) were formally discontinued. There was a 50% disposal rate in respect of opened inquests that is, 50% of inquests were closed. 100% disposal rate of deaths due to natural causes, and 3% disposal rate of suspected homicides.
Mediation
In 2024, 42 cases were referred to mediation. 11 were settled through mediation, 9 cases were not settled, 4 cases were withdrawn, and 20 remain pending for various reasons and are scheduled for on-going mediation this year.
Our Committees
The Legal Aid Panels
My Lords, permit me to once again acknowledge the resilience of our relationship with our stakeholders - the Bar, and the Department of Social Development as well as the Department of Rehabilitation and Community Services, in the continued successful implementation of the Legal Aid regime introduced by the Legal Aid Rules 2021. The two Legal Aid Panels Criminal and Civil are at present, chaired by the Honourable Mr. Justice Gruchot. Mr. Don-Hue Gardiner, Mr. Jaron Harvey Director of DRCS, are the members of the Criminal Legal Aid Panel who worked tirelessly throughout 2024 to administer legal aid for criminal matters for this country. Mr. Wendell Swann, Ms. Sarah Knight and Mr. Tim Prudhoe, also have also worked hard to administer legal aid for civil cases.
The two teams have delivered excellent service no doubt at considerable inconvenience to themselves but at no cost to the Government of the Turks and Caicos Islands, to ensure that access to justice for indigent persons (which is a charge on the public purse), is provided responsibly. We thank them for their dedicated work.
Duty Counsel
My Lords, the Criminal Bar of these islands has excelled itself in their commitment to justice through their participation in the Duty Counsel regime, introduced in 2022. Duty Counsel who go to our police stations and other places of detention to provide services to persons arrested for the commission of crimes, during the investigative stage of the criminal process, have participated in the expansion of access to justice greatly. We thank them for their work as we thank members of the Royal Turks and Caicos Islands Police Force and Immigration officials for the cooperation that has made this useful, initiative of the Judiciary, successful.
The Bail Bill Committee
My Lady Justice Lobban Jackson, I acknowledge the immense contribution you and your team (past and present), have made to criminal justice in these islands in the provision of a Bail Bill. On behalf of the Turks and Caicos Islands, I thank you and the former and current members of the Bail Bill Committee for three years of work to produce the first Bail Bill which we hope will progress to an Ordinance. In this regard I recognise the contribution of the following persons: Mrs. Leticia Williams-Bruce; ASP Pascal Bacchus; ASP Chase Supt. Lisa Mitcheson former police representative; Ms. Tamika Grant; Mr. Smith K.C, Ms. Paquette, and Superintendent Grant for their invaluable contribution.
Civil Procedure Committees
My Lords, the even longer-awaited Civil Procedure Rules are undergoing some editorial changes which will hopefully be finalised early this year. The Judiciary thanks all the persons who have been part of this journey to produce workable Rules that will move us into the new era of civil procedure with the overriding objective of attaining justice with simpler procedures and hopefully, at lower cost. All members of the various committees will be duly acknowledged when the Rules are published and launched, hopefully in the first quarter of this year.
Sentencing Guidelines Committee
My Lord Justice Selochan, the Turks and Caicos Islands is indebted to you also, and to your team for delivering a first draft of Sentencing Guidelines for this country. I recognise the contribution of all team members who are acknowledged in the document and thank them all past and present members - public-spirited individuals who have given so much to the development of the law, and of a sound judicial administration in these islands. My lords, the first Sentencing Guidelines for the Turks and Caicos Islands have just been published and I intend to do a formal launch shortly. I will acknowledge the entire team that worked on the draft Guidelines at the launch.
I also thank you Justice Lobban Jackson, as well as Mr. Andrew Mitchell KC and Mr. Oliver Smith KC for reviewing and providing valuable insights in the revision with me.
Our 2025 Goals
My Lords, as we begin the 2025 Legal Year, we must keep our minds on our core values which are: excellence, accountability, service, independence, integrity, impartiality, and fairness. We must also train our eyes on our vision of working towards the attainment of ‘a Turks and Caicos where Justice is Available, Accessible and Attainable’. We must keep our heads down and focus on our mission of “providing access to quality justice with quality judgments, efficient and effective dispute resolution and excellent court services’.
I am confident that as we do our part, the Executive and Legislative arms of our Government, will hear and grant our request for improved infrastructure, adequate funding and staffing.
My Lords, the Judiciary’s reform agenda is to achieve modernisation incrementally. In that agenda, funding is key. In the confidence that what we need will be made available, we have an ambitious programme for:
- Enhanced access to justice, which will include the ability to pay filing fees on the Curia E-Folio platform, as well as the introduction of electronic transcription services which will make the production of transcripts speedy. This will aid judgment writing and the time within which judgment is delivered, as well as the preparation of parties for appeals.
- We continue to explore the possible integration of Artificial Intelligence into our services. We hope to advance our consultations with service providers.
- The judiciary is also focused on the establishment of specialised courts for family and domestic violence, juvenile justice, and immigration.
- We further intend to revamp our adjunct services of Court-connected Mediation and especially Restorative Justice which lags behind.
- Lastly, as our Strategic Framework (2020-2025) ends this year, we will commence the development of a new five-year Strategic Plan to guide the judiciary’s work from 2026-2030.
Acknowledgements
My Lords, may you now as I conclude this report, join me to thank every person whose efforts enable our independence and encourage our output. In particular, may we acknowledge with sincere thanks the efforts of Her Excellency the Governor and advised by the Judicial Service Commission to provide us with judicial officers for the due execution of our mandate. May we also acknowledge the collaboration between the Office of the Deputy Governor and the Judicial Service Commission that produced the recent upgrading of remuneration for some judicial officers and staff. We are truly grateful.
May I give my personal thanks to all judges, magistrates and all our dedicated court staff. You carry onerous responsibilities and shoulder them with admirable agility. Despite our challenges, you continue to give your best efforts through resilience and determination to ensure that quality justice is accessible to everyone.
I also thank the JEI Committee and our JEI presenters far and near for their hard work, delivered to train our judiciary and its stakeholders mostly at no cost to these islands. I thank you for providing us with tools for improving our work, the better to serve these islands.
May I also thank the Attorney General’s Chambers, especially the excellent draftsmen who in 2024 as in previous years, worked with me on Rules and Regulations, sometimes having to meet near-impossible deadlines; the Bar Council for their usual cooperation that resulted in the provision of Regulations on Admissions and other pertinent matters, and members of the Bar for lending their support and assistance for the judiciary’s initiatives by giving of their time, energies and intellectual output on committees. Your invaluable work has been the backbone of improved justice delivery in these islands.
May we thank our Mediators and all who contribute to justice delivery in these islands. I also recognise the contribution of Justices of the Peace and applaud their commitment to best practices, which is evident from their enthusiastic attendance at the JEI training sessions.
May we also thank the Police Orderlies who keep our criminal courts functioning properly, as well as our Interpreters, without whom justice would be denied to a big demographic group in these islands. We acknowledge the contribution of our Protocol Team, our security officers and our cleaning staff who assure our comfort and safety.
This year also, my Lords, may I with your indulgence, recognise the hard work of Ms. Tanya Carter the Executive Director of my office, Mr. Widlere Pierre my Aide de Camp and Constable Marc Charles my Close Protection Officer. I could not do my work without their professionalism and the diligent execution of their duties.
May we thank all our distinguished guests for accepting our invitation to participate in this most important event in the judicial calendar of the Turks and Caicos Islands.
May we acknowledge God in our work and thank Him for placing us in these ‘Beautiful by Nature’ Turks and Caicos Islands to carry out the work of delivering justice to all persons.
Opening of Legal Year 2025
I now have the singular honour, privilege and pleasure to grant the motion of the Honourable Attorney General as supported by the Director of Public Prosecutions, the Doyen of the Bar, and the President of the Bar Council, for the Opening of the Legal Year 2025.
I thank you all for your attendance and wish you a very happy and successful 2025 Legal Year.
M.M. Agyemang
Chief Justice 6/1/25
