Legal Year Opening Speech 2024
Introduction
My Lords, Ms. Justice Tanya Lobban Jackson, Mr. Justice Anthony Gruchot, Mr.
Justice Chris Selochan and Mr. Justice Davidson Baptiste, Good morning. May I
with your leave, recognise the presence of Her Excellency the Governor Ms. Dileeni
Daniel-Selvaratnam, the Hon Premier of these islands Hon. Washington Misick, the
Acting President of the Court of Appeal The Hon. Mr. Neville Adderley, and all our
esteemed and distinguished guests, in the protocol set by the Honourable Attorney
General.
My Lords, before us once again, is the motion of the Honourable Attorney General
of these islands as supported by the President of the Bar Council, and the Doyen of
the Bar for the opening of the 2024 Legal Year. In response to the motion, I once
again have the privilege of giving an account of the work of the Judiciary in 2023.
I begin by thanking our stakeholders for their generous words of encouragement for
the work of the Judiciary in the past year, and for their support of, and contribution
to the Judiciary’s reform agenda contained in its five-year strategic plan.
In particular, I acknowledge and thank The Honourable Attorney General and her
Chambers for the continued support of the Judiciary’s initiatives through legislative
and other support. The Attorney General’s Chambers continues to work with the
Judiciary as a valued partner in the attainment of its mission of providing access to
quality justice.
Throughout 2023, there was collaboration between my office and the Attorney
General’s Chambers in many ways. These ranged from the preparation of contracts,
including leases, for court and residential accommodation, to the provision of a legal
framework for the establishment of a Coroner’s Court, and the publication of Rules
by the Chief Justice to guide the work of the courts and to provide greater efficiency
and effectiveness in the dispensation of justice in response to the needs of a rapidly
changing society. In particular, the Magistrate's Court (Amendment) Ordinance
2023, the provision of Regulations for Justices of the Peace and the amendment to
Coroner’s Ordinance, enabled the introduction of an accountable Justice of the Peace
regime, and the work of a dedicated Coroner.
The following new Rules provided guidance for the work of the courts: The Supreme
Court (Appointment of King’s Counsel) Rules 2023, The Court-Connected
Mediation Rules 2023, The Legal Aid (Early Criminal and Civil Assistance)
(Amendment) Rules 2023, and the Coroner’s Court Rules 2023.
Four Practice Directions were also issued to guide various activities of the courts
and the work of the administration of the courts. These were: Practice Direction 1
of 2023 which introduced and regulated the digitisation of the courts referred to as:
E-Judiciary; Practice Direction 2 of 2023 which set out Special Provisions for Jury
and Other Trials in Grand Turk, enabling the court at Grand Turk to sit in a hybrid
fashion to accommodate difficult realities; Practice Direction No. 3 of 2023 which
directed judges on Instructions to Jurors (General), and Practice Direction No. 4 of
2023 which directed the Coroner on Instructions to Jurors.
My Lords it will be remiss of me not to acknowledge the assistance I received in the
production of these Rules and Practice Directions from the staff of the Attorney
General’s Chambers. I once again, thank the Honourable Attorney General and her
outstanding staff for joining hands with the Judiciary in the outworking of the reform
agenda.
The Bar Association
The Bar continues to be an esteemed partner of the Judiciary in our collective pursuit
of justice. The Bar has continued to actively participate in the Judiciary's efforts to
improve justice delivery and access through participation in Legal Aid Panels,
committees, as Duty Counsel, and as Mediators. The Bar also participated actively
in our Judicial Education programmes. Their commitment to the rule of law and
access to justice is undeniable and must be lauded. This year as mandated by s. 30
of the Legal Profession Ordinance, I plan to collaborate with the Bar Council, and
in consultation with Her Excellency the Governor, to produce Regulations to clarify
admission procedures, provide disciplinary and other measures for the proper
regulation of legal practice in these islands.
Office of the Director of Public Prosecutions
My Lords, the willingness of the Office of the Director of Public Prosecutions
(ODPP) to adapt to the expanding needs of the Judiciary and the commitment of the
Prosecutors to their role at a difficult time must be commended. With their strength
already tested and their resources stretched thin, the Office of the DPP continued to
stretch, as another criminal court was added in response to rising crime in these
islands. The Prosecutors’ embrace of another court at Grand Turk despite the
inconvenience of accommodation and transportation difficulties, and the consequent
adjustment to the institutional budget, without complaint must also be
acknowledged.
We could not also fail to commend the Office of the Director of Public Prosecutions
for the work of the Victims and Witness Support Unit which has introduced empathy
into criminal justice delivery in these islands.
My Lords, may I now crave your indulgence to acknowledge the stellar performance
of Mr. Eugene Otuonye, KC former Director of Public Prosecutions who demitted
office at the turn of the year. As he led his office into purpose and significance, he
stood with the Judiciary in the implementation of our initiatives. By reason of his
appreciation of the benefits of collaborative work and the danger inherent in related
institutions working in silos, the former Director of Public Prosecutions involved
himself in our Judicial Education Institute and ensured the participation of his office
in our training programmes both as participants and as faculty. In his unwavering
commitment to excellence, he participated in the quarterly Bench-Bar ODPP/Law
Enforcement Meeting which tackled day to day issues that stood in the way of access
to justice. His embrace of, and support of reform initiatives indicated a commitment
to the rule of law, and access to justice. We congratulate him for a job well done and
wish him well in his retirement.
Legal Year 2023 In Review
Bench Retirements and End of Appointments
My Lords, you will no doubt recall that in 2023, the tremendous contributions of
three esteemed Justices of the Court of Appeal: The Hon. Humphrey Stollmeyer,
The Hon. K. Neville Adderley, The Hon Sir Ian Winder, and a Justice of the Supreme
Court The Honourable Justice Shiraz Aziz, to justice delivery and to the
jurisprudence of these islands, were acknowledged in a special sitting of the
Supreme Court. Their work speaks for them; they were and will continue to be
acknowledged as remarkable jurists whose endeavours have significantly
contributed to the upholding of the principles of justice, fairness, and equality in
justice delivery for citizens and residents of these islands.
I must add that after that valedictory session, to keep the Court of Appeal working,
The Hon. Mr. Justice Neville Adderley accepted to come out of retirement when the
President of the Court of Appeal The Honourable Mr. Justice Dennis Morrison,
resigned from his position on grounds of ill-health, Acting President Adderley
presided over all three sessions of the Court of Appeal in 2023, and will preside over
the January session of this year.
We thank the former President for his service and pray for good health and a peaceful
retirement from our court. We also thank Adderley P (Ag.) and indeed his obliging
family, for sacrificing personal comfort to save the day and to hold the fort in an
otherwise challenging situation.
I bring to your attention that in November 2023, the Resident Magistrate Kerri Ann
Kemble demitted office having concluded her contract term of three years.
Staff Changes
My Lords, in April 2023, the Executive Director of the Office of the Chief Justice,
Ms. Aisha de Four, whose exemplary work was acknowledged in a send-off event
attended by heads of the eight criminal justice institutions which make up the
Criminal Justice Stakeholder Group, demitted office. In August 2023, Ms. Alvanetta
Williams resigned as Listing Officer after years of diligent service to pursue other
interests. Ms. Nideka Missick, left to take up a higher position at the Office of the
Premier. Ms. Monic Harvey and Ms. Dany Benjamin also left us for appointments
with greater responsibility. We thank them all for their service, and trust that they
will put the experience gathered at the Judiciary to good use. We wish them well in
their new endeavours.
Appointments
My Lords, there were new entrants whom we welcomed with pleasure. Three new
Justices: The Hon. Mr Justice Bernard Turner of the Court of Appeal of the
Commonwealth of the Bahamas, The Hon. Mrs Justice Jacqueline Cornelius Thorne
of Bermuda, and The Honourable Mr. Justice B. St. Michael Hylton O.J., KC of
Jamaica were appointed as Justices of Appeal.
We also welcomed the appointment of The Honourable Justice Chris Selochan as
Justice of the Supreme Court. Justice Selochan was appointed a General Jurisdiction
judge who handles both civil and criminal cases. He also sits on both islands of
Providenciales and Grand Turk. At Grand Turk, he presides over the second criminal
court created in 2023.
My Lords, following the departure of Justice Aziz, the Chief Magistrate graciously
accepted to sit as Acting Judge of the Supreme Court at Grand Turk from November
2022 to the end of January 2023. The Honourable Justice Davidson Baptiste now
sits in that court as Acting Judge of the Supreme Court.
With the Resident Magistrate demitting office, Ms. Arana, the Registrar of the
Magistrate’s Court was appointed Acting Magistrate at Grand Turk. To fill the gap,
Mr. Antonio Emmanuel Judicial Research Assistant, was appointed Acting Registrar
of the Magistrate’s Court with the added responsibility of acting as Registrar for the
Coroner’s Court.
My Lords, in November 2023 we welcomed the appointment by Her Excellency the
Governor of Ms. McKia Mills as the first dedicated Coroner of these islands. Before
Ms. Mills took up her appointment as a Coroner for these islands, she was a Senior
Prosecutor at the Office of the Director of Public Prosecutions.
Mr. Narendra Lalbeharry, who joined us in June 2022 as Senior Deputy Registrar of
the Supreme Court based at Grand Turk, was appointed Registrar of the Supreme
Court in March 2023. Ms. Candace Preudhomme who joins us from the High Court
of Trinidad and Tobago now occupies the position of Senior Deputy Registrar.
In June 2023, we welcomed Ms. Tanya Carter as the new Executive Director to the
Office of the Chief Justice.
We have also recently welcomed Ms. Rosenique Forbes, Listing Officer, into the
fold.
The Sir Richard Ground OBE QC Memorial Lecture Series
My Lords, the 2023 Legal Year was ushered by the inaugural annual Sir Richard W.
Ground, OBE QC, lecture series which was attended by the judiciary and its
stakeholders. It was the evidence of the harmonious relationship enjoyed by the
judiciary with the Bar and the other arms of Government as well as Government
institutions and agencies. The memorable lecture was delivered by The Hon. Mr
Justice Adrian Saunders, President of the Caribbean Court of Justice.
Initiatives
E JUDICIARY
My Lords, the embrace of technological advancements in justice delivery has the
potential to revolutionize our service delivery, making possible, greater efficiency,
accessibility, and user-friendly processes. Since February 2023, the Judiciary,
working with the Caribbean Agency for Justice Solutions, has embraced digitization
technology as part of its justice delivery. We seek to achieve a smart, paperless court
with the introduction of the Curia E-Filing Folio System.
On this journey, we have since April 2023, enabled Attorneys to register to use the
system to file processes and documents for use at the Supreme Court. At this time,
all civil processes and all new criminal matters at the Supreme Court are filed on
Curia. In pursuance of the objective of becoming paperless, we are no longer
accepting paper (hard copy) filings at the Supreme Court Registry.
We hope that the second session of the Court of Appeal in May will be conducted
upon processes filed and accessed on the E-Filing portal, which is to say that the
Court of Appeal Registry will also cease to accept paper filings as that Registry is
brought into the Curia system.
As part of this initiative, we have commenced the process of expanding this service
to the Magistrate’s Courts by migrating the Magistrate’s Court Registry onto the
Curia system.
Digitising records
E Judiciary includes digitisation of all our services. In furtherance of this, we have
commenced the scanning of digitising files and documents in the custody of the
Supreme Court. We report steady progress in this as files from 2017 to 2023 have
already been scanned and uploaded on the Curia E-Filing Folio system.
Once we complete the scanning of all the documents in our custody, we shall issue
a Documents’ Policy which will prescribe the length of time we will be keeping hard
copies of categories of documents before we dispose of them.
Training
Training sessions for attorneys, judges, and court staff to enable access to existing
active matters at on the Curia E-Filing Folio system have been conducted, with
refresher sessions delivered as needed. We are also undertaking the training of other
court users, including police officers.
Access to Justice
My Lords, E Judiciary is not only about digitizing our services and reducing our use
of paper. We are also making our services accessible to every person in these islands
through e-filings at designated kiosks which will enable self-represented persons to
file claims assisted by trained personnel. To this end, the Magistrate Courts and
Supreme Courts at Providenciales and Grand Turk have been provided with kiosks
at the courts. We have also commenced the expansion of access to North Caicos,
and Middle Caicos where we are establishing kiosks at the District Commissioner’s
Offices. We are working with the Police to expand the service to South Caicos. For
the Kiosk Programme, we are training persons on different islands to guide court
users to file cases with directions on service of documents. To further expand access
to justice, we will shortly provide directions regarding Kiosk use, in English, Creole,
and Spanish for self-represented court users.
We also hope this year, to introduce online services. We hope to pilot a migration of
certain court services as non-contentious probate, onto a wholly digital platform, this
year.
THE CORONER’S COURT
My Lords, the need to provide answers and bring closure to families and indeed the
entire community where unexplained deaths occur, the need to have a clear
accountable system for dealing with such cases, and the need to clear the backlog of
coronial cases going back to 2013, is what led to the creation of the specialised
Magistrate’s Court dedicated to the examination and investigation of deaths
including the conduct of post mortem examinations and the conduct of inquests. The
designation of the court was made by me in the exercise of my powers under the
Chief Justice (Responsibilities) Ordinance 2022, and with the approval of Cabinet.
We are grateful to the Cabinet of these Islands for enabling the establishment of this
court by providing funds for the physical court as well as personnel, and to Her
Excellency the Governor as advised by the Judicial Service Commission, for
appointing Ms. McKia Mills to the position.
THE JUDICIAL EDUCATION INSTITUTE (JEI)
My Lords, I am proud to announce to you that the Judicial Education Institute (JEI),
set up in 2020 is thriving in its drive to promote and deliver continuing learning and
professional development within the Judiciary and to our stakeholders. The JEI’s
training programmes introduce best practices in justice delivery, deepen
understanding and appreciation of the law, and empower our judiciary and its
stakeholders to improve knowledge, and increase skill to enable service with greater
efficiency and increased effectiveness.
The year 2023 has seen an array of training programs and workshops tailored to
providing expertise to our judges and magistrates, registrars, attorneys and law
enforcement officers.
For the staff of the Judiciary, the JEI continues to support the training of five staff
members to acquire the National Association of Licensed Paralegals (NALP) Level
3 Diploma in Paralegal Practice Course - a programme that was commenced in 2021.
In 2023 the JEI organised programmes for different groups within the judicial/legal
and law enforcement sectors: the staff of the Judiciary received training on Basic
Criminal Legal Concepts and Basic Civil and Family Legal Concepts. For our
Family Mediators, JEI organised training in Family Law. At the invitation of the
RTCIPF, the JEI organised training for Police Officers on various topics including
the Preparation Identification Witness Statements; The Viewing of Video Evidence
and Preparation of Identification Statements from Video Evidence. For members of
the private Bar, there was training on Special Measures on the Vulnerable Witnesses,
a lecture on Ethics and Professional Conduct, training on Advocacy Skills for
members of the Junior Bar, and training on Probate Practice and Procedure.
JEI Week 2023 being the third of its kind, was celebrated as a festival of learning.
The entire legal sector received training on a wide array of topics: an examination
of the implementation of the two-year old Criminal Procedure Rules, such
enlightening topics as Blockchain and Cryptocurrency, Recusals in a Small
Jurisdiction, Sexual and Gender-Based Violence, Disclosure in Criminal Cases,
Constitutional Interpretation and Mental Wellness.
So integral is judicial education to the judiciary’s reform agenda, that the Judiciary
has now, with the invaluable help of Mr. Andre Mills at DETI of the Ministry of
Finance launched its third website, jei.tc which is dedicated to judicial education
resources. The website is a repository of legal learning where recordings of our
seminars and additional resource materials are available to all our stakeholders and
to international visitors seeking legal learning.
My Lords, may I take this opportunity to thank all our very distinguished regional
and international and local presenters and facilitators.
This year’s calendar of JEI activities promises to be even more exciting. We hope to
increase our Faculty and to serve the entire legal sector in needed areas of continuing
education which may include immersive training programmes for our judicial
officers.
THE JUSTICE OF THE PEACE REGIME
From 2022, a new legislative framework introduced a new regime for Justices of the
Peace. It was ushered in by amendments to the Magistrate’s Court Ordinance which
revamped the administration of the Justice of the Peace by empowering the Chief
Justice to set up administrative structures to that end. The administrative structures
included appointment procedures, registrations, training of Justices of the Peace,
provision of tools of trade, regulations to guide the performance of their duties, and
an investigative and disciplinary procedure to regulate performance.
As mandated by legislation, the JEI organised two training sessions in 2023. The
first was the provision of training in the new legislative regime. The second was on
technical subjects on the issuance of warrants and the legal underpinnings of Justice
of the Peace services. I thank Mr. Ariel Misick KC, Mr. Don-Hue Gardiner, and
Chief Magistrate Mr. Hatmin for delivering the training sessions.
This year, JEI will organise the first training for Justices of the Peace between March
and April, and the second, during the JEI week in September 2023.
TCILII AND LAW REPORTING
My Lords, I am happy to announce that TCILII, our internet law reporting portal
established in 2020, continues to improve in functionality and was updated in 2023.
The added functionality, includes a user-friendly search engine which has improved
its use as a tool for legal research, providing legal information and literacy.
The statistics of users continues to be impressive. In the last four months alone (from
1 September to December 2023), we recorded 37,372 events. In the said period, there
were 4,700 visits to the site by 1837 users, 1739 of which were new users. What I
found to be most interesting was the breakdown of usage per location which included
users from Europe (Paris), the United Kingdom (London), the Caribbean Region
(Kingston, Port of Spain, and Nassau), the USA (New York, Washington Des
Moines, Atlanta, Georgetown, San Antonio, and Miami), Canada (Toronto), Asia
(Lahore and Mumbai). It is manifest that our judgments are attaining a global reach.
We also continue to have our judgments reported in the West Indian Reports – the
latest edition being Volume 102 which reports two of our judgments.
ACCOUNTABILITY
Court Performance and Statistics
My Lords, the Judiciary is an accountable institution. I back this assertion with
statistics on how we carried out our mandate in 2023. While acknowledging some
complaints made against certain members of the Bench regarding punctuality,
comportment and perceived lack of procedural fairness – matters that are being
addressed, I can assure all court users that our workforce is for the most part beyond
adequate in performance.
This is an overview of our work at the Supreme Court and Court of Appeal in the
past year:
Supreme Court
Criminal Cases
We carried over 101 pending criminal cases from 2022. In 2023 54 new cases
representing a wide range, being Murder, Rape, Robbery, Theft, Assault occasioning
Grievous Bodily Harm, were filed. Altogether 87 criminal cases were disposed of
by the court sitting in Grand Turk and Providenciales, leaving 182 active pending
cases which are at various stages in the criminal trial process.
SIPT Trial
My Lords, I am happy to inform you that eleven to twelve years after the arrest of
defendants in the corruption trial referred to as the SIPT trial, the first of the severed
retrial which commenced in July 2021, R v. Floyd Hall and three Others, ended with
the delivery of judgment in September 2023.
I can report that arrangements are on-going for the second of the cases: R v. Michael
Misick and two Others, to be tried as soon as practicable.
Civil Matters
82 civil cases were carried over from 2022. In 2023 176 civil cases were filed, of
this number, 136 cases were disposed of.
20 Family cases were carried over from 2022. 49 new cases were filed in 2023, 25
cases were disposed of.
Court of Appeal
At the Court of Appeal, 12 cases were carried over from 2022. In 2023, 8 new
appeals were filed. 27 appeals were determined in 2023, of these 5 were criminal
appeals and 22 were civil appeals. The Court of Appeal also determined 7 appeals
from the Labour Tribunal.
Magistrate’s Court
Matters Lodged
Cases lodged for the year 2023 to date are as follows:
Providenciales And North Caicos
220 Criminal matters were lodged; 202 Immigration matters; 50 matters from
DECR; and 773 Ticket violations and Traffic complaints. 314 Civil matters were
lodged; and 179 Family matters, including 43 for child maintenance, 16 for care and
protection orders, 17 custody applications, 15 applications for access and visitation,
84 applications under the Domestic Violence Ordinance, and 4 applications for
Adoption. There were also 46 National Insurance Board complaints lodged.
Grand Turk And South Caicos
In Grand Turk 73 Criminal matters were lodged; 18 matters concerning Beaches and
Coastal Vending violations; 10 Traffic complaints. 33 Civil matters were lodged and
34 Family matters, including 18 child maintenance applications, 7 applications under
the Domestic Violence Ordinance, 7 Care and Protection matters, and 4 custody
matters. In South Caicos 20 Criminal matters were lodged, 8 civil matters, 3 Family
matters, all for Child maintenance, and 24 traffic matters.
Matters Disposed Of The Magistrate’s Courts in Providenciales disposed of a total of 1339 matters. In
Grand Turk, a total of 129 matters were concluded. 29 matters were concluded in
North Caicos, and 15 matters in South Caicos. My Lords, no inquests were held in
2023. Now that we have a dedicated Coroner, I am in no doubt that we will have
statistics of coronial work, including inquests in 2024.
MEDIATION AND RESTORATIVE JUSTICE
My Lords, you will recall that in 2021, the Judiciary introduced Court-Connected
Mediation as part of its service delivery. This was followed with the introduction of
Restorative Justice in 2022. I am happy to inform you that while the Judges and
Magistrates are still finding their feet in the implementation of Restorative Justice,
Mediation, including the specialised Family Mediation, has taken off, and we are
recording steady successes in mediation. In the Turks and Caicos Islands, unlike in
many Commonwealth jurisdictions, Mediation continues to be based on the consent
of parties. We are exploring the areas in which some compulsion may be introduced
to enable resort to it. We will however in this year and before that occurs, provide
information to the public about the advantages of use of mediation as a win-win
mechanism for dispute resolution alternative to litigation. We will do so as we
recognise that some court-users are still distrustful of its efficacy as a dispute
resolution mechanism.
In 2023, the Court-Connected Mediation Rules were replaced altogether by the
Court-Connected Rules 2023. The new Rules have created more efficiency on the
mediation regime.
My Lords, as I informed you last year, our Mediators were trained at our expense,
certified by us working with the University of the West Indies our training
institution, and placed on our roster of practitioners. They are delivering a much
needed service and producing impressive results. We are building a formidable cadre
of alternative dispute resolution practitioners who will be the face of future justice
in these islands. I take the opportunity to thank our Mediators for their work which
is now integral to the Judiciary’s service delivery, and I thank our ADR
Administrator who has enabled a successful implementation of the programme. We
have also on occasion used co-Mediators from other jurisdictions who have worked
with our mediators to pursue just outcomes. We thank them all for being part of this
service.
While most mediations are usually conducted at the Mediation Centre at
Providenciales, some mediations have also been conducted at Grand Turk, and South
Caicos. The following are the statistics on the use of mediation for 2023:
Four matters which were rolled over from 2022 were all concluded in 2023. In 2023,
36 matters were referred to mediation from the courts. These included ten matters
that were referred in the last quarter of the year. Of these, twenty were concluded,
representing 72 percent of matters referred to mediation. Fifty percent of the
concluded matters were finally settled. There are at present, 16 matters pending
which will be scheduled for mediation early this year.
As aforesaid, Restorative Justice for which we have trained practitioners at
considerable expense, is off to a slower start than Mediation. However, because of
its immense benefit, in particular, the repairing of the harm caused by criminal
behaviour cannot be denied, we will this year, be turning our energies and focusing
our public education on reviving it as part of our drive to improve especially juvenile
justice.
OUR CHALLENGES
Inadequate Resourcing and Resources
My Lords, having demonstrated through these statistics our accountability as an
institution, I must with regret and for the first time, speak about the Judiciary’s
difficulties in this Response to the motion for the Opening of the new legal year. I
pause to assure our esteemed stakeholders that this is not intended to criticize any
person or institution, but to express the need for a renewed commitment to judicial
funding.
I now crave Your Lordships’ indulgence to permit me to address the relevant
institutions and stakeholders entrusted with the task of enabling our operations and
assuring the Judiciary’s independence.
The Judiciary is the protector and enforcer of rights and freedoms, and a watchdog
of this country’s Constitution. We seek to deliver on our mandate which is to provide
access to quality justice through the provision of user-friendly court processes and
procedures which provide unimpeded access to justice. The goal is to clear the
backlog of cases, to manage new cases to speedy outcomes, and to do our part in
realising a safe and secure space for the residents of these islands and those who do
business with, or in these islands.
To realise these, we have set for ourselves strategic objectives contained in a five
year Strategic Framework document (2020-2025). These objectives 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.
My Lords, these objectives and the endeavours towards their attainment can only be
achieved with adequate resourcing of the Judiciary, the provision of sufficient funds
for our programmes and projects, and the provision of fit for purpose infrastructure
among others.
Respectfully, I draw attention to the guarantee contained in 83(2) of the 2011
Constitution of these islands. It provides: “… The Legislature and the Cabinet shall
uphold the rule of law and judicial independence and shall ensure that adequate
funds are provided to support the judicial administration in the Islands.”
May I therefore respectfully call for compliance with the constitutional provision
which assures the Judiciary of adequate funding – a matter that is inextricably bound
with the attainment of judicial independence.
May I assert that while we understand the need for value for money and recognise
that our budgetary needs must be scrutinised as much as possible, we implore the
Legislature and Cabinet to not deny us funds we require to operate effectively and
to expand access to justice. At this time, due to budget cuts and denial of needed
funds for our work and programmes, we are barely doing so, and new much-needed
initiatives to increase efficiency have stalled.
In particular, I mention the fact that without a purpose-built court in Providenciales,
we are unable to provide optimum services. Beyond the fact of operating
inefficiently in scattered premises where spaces are regularly repurposed to enable
us provide needed services, is the fact that our Court of Appeal which sits in session
displaces a Supreme Court judge from his court and chambers when they sit.
In our present premises, we are unable to provide disabled access or to provide a
disability policy in line with best practices or acceptable international standards.
May I respectfully and with great humility request that the provision of a purpose
built court at Providenciales which will provide adequate user-friendly, disability
enabled space and equipment for our services, be restored as a national priority
project.
The lack of a Detention Centre at Providenciales, means that accused persons
remanded into prison custody must be tried at Grand Turk where the prison is
located. The alternative is to revert to the unacceptable and risky practice of flying
accused persons on commercial aircrafts to Providenciales for trial.
To obviate the need for a return to this chaotic state of affairs, and to make possible
speedy trials to address increased crime, it became necessary to have a second
criminal court at Grand Turk. For this, we have had to repurpose the Magistrate’s
Court at Grand Turk to work on a shift basis with the second criminal court as a
temporary solution. At this time, regrettably, the situation threatens to become
permanent and is quite unacceptable.
While we are doing our best to use technology to enhance access to justice, we do
need physical spaces too, properly equipped to help us serve this country better.
Respectfully, I make a further request that the Judiciary be provided with a physical
space for a second criminal court at Grand Turk so the court can work all week and
with increased efficiency to clear the backlog of criminal cases for which a second
judge was provided.
I also request that accommodation for use as a Magistrate’s Court be provided in
South Caicos, to enable us to expand our E Judiciary kiosks to that island.
May I respectfully reiterate that to enable the Judiciary to attain its objectives
through proper funding, adequate staffing and the provision of other needed
resources, is to make possible the independence at once commanded and assured in
the 2011 Constitution of these islands.
OUR COLLABORATIVE WORK
The Criminal Justice Stakeholders’ Group (CJSG)
I am pleased to inform Your Lordships that the collaboration and cooperation among
this country’s eight criminal justice institutions known as the Criminal Justice
Stakeholders Group (CJSG), continued in 2023. These institutions are the Judiciary,
the Attorney General’s Chambers, The Office of the Director of Public Prosecutions,
The Royal Turks and Caicos Islands Police Force, the Department of Corrections
and Rehabilitation, the Department of Social Development, the Bar Association of
the Turks and Caicos Islands, and the Department of Probation. We have worked
diligently throughout 2023 to promote best practices in the administration of
criminal justice, and to collaborate in programmes. In 2023, we continued
institutional collaboration in the Bench/Bar/Law Enforcement Meeting which
produced dialogue among our criminal justice institutions, intended to improve our
day-to-day performance of our duties and to remove the bottlenecks in the provision
of access to justice. We also continued our collaboration in the school mentorship
programme, a CJSG initiative implemented by the Department of Social
Development.
We said goodbye to two of our esteemed members: The former Director of Public
Prosecutions Mr. Eugene Otuonye KC, and the former Commissioner of Police
Trevor Botting. We thank them for their service and promise them that we will keep
the flame burning as we increase collaboration with the goal of achieving a cohesive,
meaningful and just criminal justice system in these islands.
I am proud of our collaborative work, and we hope to do more this year to engage
with the wider community through community engagement programmes, as well as
a regular publication of our newsletter Justitia which informs the public of our
activities, programmes and projects.
The Legal Aid Panels and Other Committees
My Lords, it is also a testament to the resilience of our relationship with our
stakeholders, that we have continued to ensure stakeholder collaboration in the
operation of the Legal Aid regime. Since 2021, the Legal Aid Panel has had a
membership of members of the Bar, the Director of Social Development or nominee
and a Judge. In 2022, the Civil Legal Aid Panel with similar composition was
introduced.
I could not neglect to mention that the members of the two Legal Aid Panels, chaired
by Justice Anthony Gruchotz; Mr. Don-Hue Gardiner, Ms. Tiffany Thomas-Browne
Mr. Wendell Swann, Ms. Sarah Knight and Mr. Tim Prudhoe, have excelled
themselves in the continuing service which they provide free of charge, to ensure
that access to justice for indigent persons which is a charge on the public purse is
provided responsibly.
My Lords the introduction of Duty Counsel in 2022 has expanded access to justice
in no small measure, as attorneys provide needed counsel at the investigative stage
of the criminal process, ensuring the viability of criminal prosecutions while
assuring compliance with international human rights standards. Members of the Bar
Association, and of the Royal Turks and Caicos Islands Police Force as well as
Immigration officials have worked with the Judiciary to provide this useful, helpful
and much-needed service.
Members of the Bench and Bar also gave of their time, without remuneration, to
work on the review of the Civil Procedure Rules which will be published in the first
quarter of this year.
Members of the Bar, Immigration officials and Police officers are also working with
the Judiciary to produce the long-awaited Sentencing Guidelines in a committee
chaired by Justice Selochan to assist with the process of fair and just sentencing.
May we acknowledge the high level of institutional collaboration, and thank all these
public-spirited persons who have given so much to the development of the law, and
of a sound judicial administration in these islands.
REGIONAL AND INTERNATIONAL CONFERENCES
My Lords, the law is dynamic, jurisprudence is constantly undergoing refining and
methods of adjudication with different emphases are continually evolving. That is
why I am a strong supporter of Judicial Education, a very important part of which
involves learning from other jurisdictions. In pursuance of the Judiciary’s goal to
have judges and magistrates who sharpen their skills as they broaden their horizons,
the Judiciary participates in regional and international seminars and conferences.
In 2023 to deepen our relationships with regional and international organizations, to
learn best practices in justice delivery from other jurisdictions and to be introduced
to developing areas of the law and the judicial response, members of the Judiciary
participated in regional and international conferences in 2023. These included the
participation of the Chief Justice at the 23rd Commonwealth Law Conference at
Goa, in India where the Turks and Caicos Islands received prominence with the
presentation of a plenary Paper on Judicial Independence. The Chief Justice and the
Registrar of the Magistrate’s Court also attended the 10th Biennial Meeting of
Commonwealth Judicial Educators in Gaborone, Botswana where leaders of judicial
education in Commonwealth jurisdictions met to set the agenda for judicial
education in the Commonwealth and to facilitate the exchange of information,
human and material resources and experiences.
Three judicial officers: Two Supreme Court Judges and the Chief Magistrate
represented the Judiciary at the well-attended Commonwealth Magistrates’ And
Judges’ Association Conference in Cardiff, Wales where discussions on
contemporary ways of providing for, and achieving justice, were discussed.
In November 2023 the Chief Justice attended the Conference of Chief Justices and
Heads of Judiciaries of the CARICOM, in Trinidad and Tobago where innovations
in justice delivery, including the integration of Artificial Intelligence in court work
and judicial administration were explored.
In May 2023, former Resident Magistrate Kerri-ann Kemble was a part of the Turks
and Caicos Islands delegation which attended The Caribbean Financial Action Task
Force’s 56th Plenary and Working Group Meetings at Port of Spain, Trinidad.
Our participation at these meetings and conferences has kept us abreast with
developments in the law and guided judicial administration in the application of best
practices, including integration of technological advancements in justice delivery.
This year, a delegation will attend the Caribbean Association of Judicial Officers
(CAJO) Conference which will be held in Bermuda, and it is hoped, the
Commonwealth Magistrates and Judges Association Conference which will take
place in Rwanda.
The judges exercising the civil jurisdiction may participate in the 6th Standing
International Forum of Commercial Courts (SIFoCC) meeting that will be held in
Doha, Qatar in April. We are exploring the possibility of doing so virtually.
PLANS AND PROGRAMMES FOR 2024
While we will continue to build on our initiatives and entrench them in our justice
delivery, we hope to concentrate our efforts on the following:
1. Developing appropriate Court Infrastructure - We hope that with renewed
stakeholder involvement, we shall tackle positively our problem of inadequate
infrastructure, the better to serve these islands.
2. Focusing on Court User Satisfaction - We will shortly be embarking on a
public campaign to provide information on court services in an endeavour to
demystify our work. The hope is to have an informed public, the better to
serve these islands.
3. Ensuring meaningful Stakeholder Collaboration – We will pursue a
strengthening of our stakeholder engagements for a cohesive legal sector, the
better to serve these islands.
4. Developing a viable Juvenile Justice regime – our energies will be turned to
providing a system that will accord with best practices within the
Commonwealth, the better to serve these islands, and,
5. Providing Continuing Judicial Education for Judges and Magistrates – to
improve the quality of justice delivery, the better to serve these islands.
CONCLUSION
My Lords, the Judiciary of the Turks and Caicos Islands is an institution with the
core values of excellence, accountability, service, independence, integrity,
impartiality, and fairness. We strive to be accountable as an institution, the third arm of government that seeks
continually to maintain relevance in these islands. And while we are proud of our
achievements in 2023, we will continue to keep our focus on our Vision Statement
which is the attainment of ‘a Turks and Caicos where Justice is Available, Accessible
and Attainable’.
In this regard, I renew my promise to these islands, that the Judiciary will remain
committed to its mission of ‘Providing Access To Quality Justice With Quality
Judgments, Efficient And Effective Dispute Resolution And Excellent Court
Services’.
My Lords, 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 also thank the many institutions and individuals who have made our work
easier, and have helped us to take one more step towards the realisation of our
mission.
May I My Lords, also thank you, our esteemed judges, magistrates, registrars, court
management and court staff for the collective commitment to duty which has
sometimes meant working in difficult situations or under challenging conditions.
May we thank our Police Orderlies who keep our criminal courts functioning
properly, and our Interpreters without whom justice would be denied to a big
demographic group in these islands. May we single out for praise our security
officers and cleaning staff who assure our comfort and safety, and may I with your
indulgence, mention the selfless contribution of Mr. Widlere Pierre my Aide de
Camp and Constable Marc Charles whose professionalism and diligent execution of
their duties enable me to do mine.
May we now thank especially the Almighty God who once again, has shown Himself
faithful to the cause of the Turks and Caicos islands Judiciary and will continue to
do so.
On this note, this court grants the motion for the Opening of the Legal Year 2024.
We go ahead to announce the readiness of the courts to do business, and thank you
all, esteemed guests for your attendance and your attention.
We rise.
M.M Agyemang
Chief Justice 4/1/24
