This morning, Her Excellency the Governor Dileeni Daniel-Selvaratnam and the Honourable Premier Charles Washington Misick received a US Congressional delegation at the Governor’s Office, Providenciales, following a request for a meeting to discuss the recent arrests of US nationals for possession of ammunition offences.
The US delegation raised five cases of US nationals currently before the courts, concern for their well-being and clarification on the legal process.
In order to maintain the integrity of the legal process, the Governor confirmed it would not be appropriate to facilitate the delegation’s request to meet with the Chief Justice.
The Governor and the Premier confirmed – as per the constitutional separation of the executive and judicial branches – they cannot intervene nor comment on ongoing legal cases before the courts. They explained that the Turks and Caicos Islands have clear laws prohibiting the possession of firearms and/or ammunition and strict penalties are in place to serve and protect all who reside and visit the Turks and Caicos Islands.
The Hon. Attorney General confirmed possession of firearm and/or ammunition offences carry a mandatory minimum custodial sentence of twelve years plus a fine.
Where the court finds there are exceptional circumstances, the sentencing judge does have discretion, under the law, to impose a custodial sentence and a fine that are fair and just in the circumstances of each case rather than impose the mandatory minimum. Noting that it is for defence counsel to ensure all relevant information is put before the court.
The UK Government’s Foreign Commonwealth and Development Office representative who was in attendance at the meeting affirmed that the UK Government cannot comment or intervene in an ongoing legal case and that as a British Overseas Territory, the UK have full confidence in the operation of the courts of the Turks and Caicos Islands.
The Governor and Premier appreciated that the circumstances for US nationals who find themselves in this position can be difficult but were aware that US officials are providing consular support to each of the individuals.
They noted that the Turks and Caicos Islands law enforcement agencies apply professional standard operating procedures for processing matters through the legal system and that they will investigate any concerns where it was felt standards were not met.
The Governor and Premier noted the prohibited items of ammunition were not identified at US departure screening; and the responsibility of travellers to ensure their baggage is free of firearms and/or ammunition prior to travel to the Turks and Caicos Islands.
They noted that the National Security Council keeps under review the operational effectiveness of legislative provisions that underpin internal and border security. The meeting concluded with both parties recognising continued Turks and Caicos Islands – United States partnerships to tackle shared threats in the region.
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