VOLUME 15 ISSUE 30

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AUGUST 2ND, 2019 – AUGUST 9TH, 2019

VOLUME 15 - NO. 30

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S.I.P.T JUDGE SIDES WITH PROSECUTION

All no-case submissions dismissed by Hayden Boyce Publisher & Editor-in-Chief

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he judge, who is also jury, in the Special Investigation and Prosecution Team (SIPT) corruption trial against former premier Michael Misick and others, sided with the prosecution and dismissed all of the no-case submissions made on behalf of the nine defendants on trial. On Monday, July 29th, 2019, the Hon. Justice Paul Harrison ruled that there was a case to answer by all of the defendants in respect of all of the indictments. The case resumes on September 9th, 2019. This was after hearing three years of evidence from the prosecution headed by Andrew Mitchell, QC, followed by one month of no-case submissions by defence lawyers for each of the defendants, to which Mitchell replied, and after which the defence lawyers had their allotted three-week rebuttal time reduced by the judge to two-days. Judge Harrison did not give any of the defendants reasons why there was a case to answer. He defended his position by making reference to a position taken by Malcolm Bishop, QC, the lawyer for Chal Misick, who had previously argued that when it came to a professional tribunal of fact, the defendants were entitled to know why there is a case to answer. Judge Harrison, who is a retired president of the Jamaica Court of Appeal, stated: “I am unaware of such a distinction being drawn. The Crown took the view, with which I agree, that the Court is required to explain the legal principles, the basis to stop or continue the case, and there should not be any analysis of the evidence. It should merely observe if the evidence is sufficient in respect of the case against the Defendant in respect of the counts, with that approach I agree. Counsel made an assertion that in the Magistrates’ Court with a summary trial, the Magistrate is the decider of fact and the finder -- the decider of law, I am sorry, and the finder of facts as opposed to a judge sitting with a jury.”

Pictured from left to right are: Tanya Scalisi, Kelly Renz and Sarah Evans, JPR, Karen Whitt and Ling Riley, Hartling Group, with Jacqueline Gifford, Editor in Chief at Travel + Leisure, Joan Hagan, Ben Hartling, Stan Hartling and Sam Hartling at the World’s Best Awards in New York City on July 16th.

The Shore Club Turks and Caicos named #1 resort in the Caribbean, Bermuda and The Bahamas in Travel + Leisure Magazine Meredith Corporation’s travel authority reveals 2019 “World’s Best” list, spotlighting best hotels around the world

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ravel + Leisure magazine announced the results of its annual World’s Best Awards, with The Shore Club Turks and Caicos named #1in the category of Top 25 Resort Hotels in the Caribbean, Bermuda, and the Bahamas. This is the first time in recent years that a Turks and Caicos Islands resort has received top honors. As the first and only resort on Long Bay Beach in Providenciales, The Shore Club has opened to

Judge Harrison made reference to a Mr. Justice Cain in the case of Moran vs. The Director of Public Prosecutions, who said that magistrates, if lawfully decide could conclude that there is a case to answer generally, and it is inappropriate to make public assessments of the witnesses, which evidence may change in the light of the subsequent defence evidence. He added: “In the instant case, this is a trial by this Court, I sit as a judge and jury, to decide questions of law and

major acclaim in the last two years, receiving praise and positive feedback from guests, travelers, industry professionals and media. Alongside the 106 ocean-view suites with private verandas and four luxury Villas, four pools, 820 feet of beachfront, a Dune Spa and Wellness Center, water sports, Japanese-Peruvian cuisine, the luxury resort stands apart due to its unbeatable location on the world’s best beach and engaging and anticipatory service. decide the facts proven. Consequently, at the close of the Prosecution’s case, it is open to me, if I find that there is no case to answer, then the Defendants should be dismissed, but if there is a case to answer, it is undesirable that I make any pronouncements on findings of facts, not unlike the approach in the Magistrates’ Court where the Magistrate decides law and facts at the close of the Prosecution’s case. And the Magistrate there has to rule on the submission of no-case to answer.” Continued on page 2

Every year, Travel + Leisure showcases the top travel destinations and companies around the globe as rated by its readers as the World’s Best. Readers share their favorite cities, hotels, resorts, spas, restaurants, and experiences around the world, culminating in the World’s Best list, and earning a spot is considered a high honor in the hotel industry.

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The Hon. Justice Paul Harrison

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