LEGAL REPORT ON OPENING OF THE LEGAL YEAR 2023

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

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

My Lady Justice Tanya Lobban-Jackson,

My Lord Justice Anthony Gruchot,

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

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

His Excellency the Governor Nigel Dakin and Mrs. Amanda Dakin

Premier the Honourable Washington Misick and Mrs. Delthia Misick

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

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

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

Director of Public Prosecutions, Mr. Eugene Otuonye KC

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

Resident Magistrate, Her Honour Mrs. Oreika Selver-Gardiner

Acting Resident Magistrate, Her Honour Ms. Patricia Arana

Doyen of the Bar, Mr. Ariel Misick OBE KC

President of the Bar Council, Mr. Selvyn Hawkins

Honourable Minister of Immigration, Mr. Arlington Musgrove

Honourable Minister of Health, Mr. Shaun Malcolm

Former Chief Secretary, Mrs Cynthia Astwood

Canon Mark Kendal and Father Lynden Douglas

Deputy Attorney General, Khalila Astwood

Commissioner of Police, Mr. Trevor Botting

Deputy Superintendent of Prisons, Mr. Raymond Grant

President of the Labour Tribunal Mrs. Doreen Quelch Stubbs

King’s Counsel

Members of the Bar Council

Attorneys at law

All other specially invited guests

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

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

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

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

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

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

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

Notable legislation:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CONCLUSION

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

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

May it please the Court.

Rhondalee Braithwaite-Knowles, OBE KC

Hon. Attorney General

4^th January 2023