VOLUME 15 ISSUE 31

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AUGUST 9TH, 2019 – AUGUST 16TH, 2019

VOLUME 15 - NO. 31

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PROSECUTORS MUST BE ‘FAIR AND OBJECTIVE’ High Court judge calls for higher standards

by Hayden Boyce Publisher & Editor-in-Chief A Supreme Court judge in Turks and Caicos Islands has told prosecutors here that they must be “fair and objective” and “always act in the interests of justice and not solely for the purpose of obtaining a conviction”.

The advice came from Mr. Justice Shiraz Aziz, who stressed that Supreme Court Judge prosecution counsel Mr. Justice Shiraz Aziz plays an important public role and as such may be considered a cornerstone of an open and fair criminal justice system. “Although each case must be considered on its own facts and on its own merits, I have always said and written in many rulings that when making decisions prosecutors must be fair and objective. They must not let any personal views about the ethnic or national origin, gender, disability, age, religion or belief, sexual orientation or gender identity of the suspect, defendant, victim or any witness influence their decisions,” Aziz said in general remarks in court on Wednesday August 7th, 2019, after dismissing a murder case against Joseph “Joey” Williams. “Prosecutors must always act in the interests of justice and not solely for the purpose of obtaining a conviction. Any potential conflicts by either prosecution of defence counsel ought to be raised immediately and addressed within their offices or the court as soon as reasonably practicable. Prosecutors must be evenhanded in their approach to every case, and have a duty to protect the rights of suspects and defendants, while providing the best possible service to victims. Prosecutors have a duty continuously to review their case and that duty only ends when the case is concluded, and includes appeals. Prosecutors must apply the principles of the Constitution at each stage of a case. They must comply with any guidelines and protocols issued by the DPP. Prosecutors must also comply with the laws of, and

Downtown Roundabout reveals warm welcome On August 6th, the design for the Downtown, Providenciales roundabout on Airport Road was finally revealed having come to completion. The roundabout has three signs that give a warm welcome to the tourists and invites them to explore our islands again. According to Premier CartwrightRobinson, this roundabout that is a step in the road beautification project was a partnership between the Premier’s office and the Ministry any rules of court issued under, any ordinance of the Turks and Caicos Islands.” Justice Aziz, a former High Court Judge in the Eastern Caribbean Supreme Court (ECSC), said it is the duty of prosecutors to make sure that the right person is prosecuted for the right offence and to bring offenders to justice wherever possible. He added: “Casework decisions taken fairly, impartially and with

of Infrastructure and is the start of the redevelopment of Downtown, Providenciales. She added, “As tourists will come to the Turks and Caicos Islands, this will be one of their first stops on their way that they will see. They will see the beautiful Turks Head Cactus, as it is one of the plausible theories that Turks and Caicos got the name from the Turks Head Cactus. But for the longest while we’ve been taught that it was a national plant and at one point was also our national plant. So we want to display a little culture as the tourists enter integrity help to secure justice for all concerned as there is a triangulation of interests to be considered, being the those accused, those being victims and the public. Prosecutors must ensure that the law is properly applied, that relevant evidence is put before the court and that obligations of disclosure of unused material are complied with. With these principles in mind, the Court and those involved in the justice system enhance and promote the rule of law

the main gateway here in Providenciales.” (from left to right) Minister of Tourism Hon. Ralph Higgs, Minister of Home Affairs, Transportation & Communication Hon. Delroy Williams, Premier Sharlene CartwrightRobinson, Deputy Premier Sean R. Astwood, Minister of Minister of Education, Youth, Culture and Library Services Hon. Karen Malcolm and Minister of Infrastructure Mr Goldray Ewing.

and just as importantly confidence in the administration of justice within our community.” The High Court Judge said that on many occasions he has had to speak to the lawyers for the defence and prosecution, who are officers of the court and ministers of justice, about their roles and duties to the court.

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