VOLUME 13 ISSUE 44

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NOVEMBER 25TH, 2017 – DECEMBER 2ND, 2017

VOLUME 13 - NO. 44

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JUDGE REJECTS MIKE’S MOVE TO STOP SIPT CASE by Hayden Boyce Publisher & Editor-in-Chief

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High Court judge has dismissed an application by former Premier Michael Misick to stop the corruption case against him because the appointment of now retired Special Prosecutor Helen Garlick was unconstitutional, and the investigation by British police officers who reported to her was unlawful. His Lordship Mr. Justice Paul Harrison, who is judge and jury in the Special Investigation and Prosecution Team (SIPT) corruption case, ruled on Thursday, November 23rd, 2017 that contrary to what Misick submitted through his lawyer, Senior Counsel Reginald Armour, “no abuse of process has been shown and no unfairness in the trial process has been shown to exist”. Judge Harrison, a former President of the Jamaica Court of Appeal, said in a terse, eight-minute ruling, that with respect to the appointment of Special Prosecutor Helen Garlick, no abuse of power occurred. The judge also stated that the SIPT police officers operated under the authority and control of the Commissioner of Police in the Turks and Caicos Islands and were lawfully entitled to investigate alleged offences and institute charges against the defendants. Senior Counsel Mr. Reginald Armour, the lead defence lawyer for former Premier Michael Misick, had argued that the prosecutorial authority which Helen Garlick purported to exercise was unconstitutional and that all of the directions and the selection of police officers that she authorised, conformed and proceeded with were unconstitutional. Mr. Armour, a Trinidadian and chairman of the Council of Legal Education, wanted the judge to stay the criminal proceedings because of an “abuse of executive power/process” against Misick. All of the defence lawyers in the trial supported Armour’s submissions. “It is...the defendants contention that the concept of

THANK YOU

In The Pink 2017 event raises just over $50,000

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nother successful year for the ‘In The Pink’ event in its 9th year as they were able to raise just over $50,000 for the National Cancer Society and Hurricane Relief. The Palms Turks and Caicos and the organizing committee of In The Pink hosted

protection of the law, which imports the doctrine of the rule of law, is a broad enough platform from which the actions of the Executive and the Special Prosecutor can be deemed to have been fundamentally unfair and unjust to the defendants throughout the commencement and continuation of the criminal proceedings herein,” he submitted. In relation to Helen Garlick, he said: “She had no authority to do these things. She could not do it as a fiat from the governor and she could not do it as a public officer within the office of the Attorney General.” Mr. Armour added: “The Special Prosecutor is a not a creature known either in the Constitution or in the Common Law. When that position

Thanks a million to FLOW for keeping us continuously connected throughout Hurricanes Irma and Maria. Your staff proved yet again that you’re the most reliable, caring, trustworthy telecommunications network and provider in the Turks and Caicos. From Management of Turks and Caicos SUN, Airport Hotel, Occasions Ballroom

the annual event on Saturday November 18th and it was greatly supported by many in the TCI community. Committee member of the event since its inception, Karen Whitt, told The SUN, “We will split this total between National Cancer Society, and Hurricane Relief. was created, you must look to see what was its lawful remit according to some legal instrument which will delineate that remit and in the absence of an instrument delineating that remit, that Special Prosecutor has no conferred power,” he added. “It’s one thing for the Governor to create an office, but it’s another thing to put someone in that office and give that person directions to discharge functions in that office. The mere creation of an office named Special Prosecutor stops there. So when that Special Prosecutor purports to go out and do anything, it must be consistent with the Constitution and not otherwise. And my point is that on the Crown’s case, the Special Prosecutor was operating outside of the

Our hurricane relief initiative is to provide Christmas gifts for all children in public primary schools.” Whitt described this year’s event as another smashing success. In the photograph, Whitt is seen with supporting staff and sponsors. (See page 24 & 25 for more photographs). constitution.” Mr. Armour told the court that what was done by Garlick’s appointment was unlawful and that former Attorney General Hugh Shepheard sought to “cover up” what was taking place, that’s why he (Armour) wanted him (Shepheard) to testify so he could ask him certain questions but Judge Harrison ruled against him coming. However, in his ruling, Judge Harrison said the power to appoint all public officers is vested in the governor under the Constitution and former Governor Gordon Wetherell had constituted the offices of Special Prosecutor and Deputy Special Prosecutor within the Attorney General’s (AG) Chambers. Continued on Page 2


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VOLUME 13 ISSUE 44 by The SUN Newspaper - Issuu