Supreme Court of Turks and Caicos Islands

The Supreme Court has original jurisdiction in civil and criminal matters; appellate jurisdiction over appeals from the Magistrate’s Court and other statutory bodies such as the National Insurance Board and the Liquor Licensing Board; and supervisory jurisdiction over lower adjudicatory bodies and the actions of government.

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13 judgments

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13 judgments

Citation	Judgment date
November 2014
The Propriet Ors. Strata Plan No. 51 v Pinnacle Reef Ltd. and Ors. (CL 177 of 2012) [2014] TCASC 14 (24 November 2014) Costs	24 November 2014
October 2014
Adrienne Fortunate v Charles Anace (CL 50 of 2010) [2014] TCASC 13 (24 October 2014) Property Law	24 October 2014
Regina v Outten (SH 43 of 2014) [2014] TCASC 5 (3 October 2014) Late service of sufficiency bundle cannot be cured by "additional evidence"; court may grant out‑of‑time adjournment. Criminal procedure – sufficiency hearings – statutory service of prosecution documents (s2B(4)) – late service cannot be cured by treating documents as "additional evidence" – adjournment applications (s2B(1)) directory, court retains discretion – discharge not required as punishment for Crown/police error.	3 October 2014
September 2014
Smith v The Crown (CR-APM 12 of 2013) [2014] TCASC 1 (17 September 2014) Magistrate’s assistance to an unrepresented accused was proper; possession established by presence; cannabis intent to supply conviction upheld. Criminal law – possession – presence at premises where drugs found sufficient to prove possession. Criminal procedure – unrepresented accused – permissible judicial assistance; magistrate interventions not unfair where opportunities to obtain counsel given. Proof of intent to supply – packaging and other evidence required; doubt warrants acquittal. Sentencing – avoid double punishment where simple possession arises from same transaction as intent to supply.	17 September 2014
The Attorney General v Akita Holdings Ltd (CL 148 of 2011) [2014] TCASC 11 (5 September 2014) A Minister-director's nondisclosure of higher valuations breached fiduciary duty; defendant must account under a constructive trust. Public law / Crown land – sale of Crown land – undervalue – fiduciary obligations of a Minister / Belonger to disclose knowledge of higher valuations. Equity – constructive trust and tracing – where fiduciary uses principal’s undervalued asset to obtain property, beneficiary entitled to proportionate share or lien (Foskett v McKeown; Lord Millett). Unjust enrichment / mutual mistake – alternative claims rejected where fiduciary knew of undervalue and Government intended to sell at stated price. Remedies – account for benefit, constructive trust, interest on unpaid rent, costs.	5 September 2014
July 2014
RBC ROYAL BANK (BAHAMAS) LIMITED v MR. BERYN DUNCANSON (CL 198 of 2012) [2014] TCASC 36 (8 July 2014) A complex commercial dispute involving alleged LIBOR manipulation and indirect libel requires detailed documentary scrutiny and will be tried by judge alone. Civil procedure – jury trial – Order 33 r 5 and Civil Procedure Ordinance sections 15–17 – whether prolonged examination of documents makes jury trial inconvenient – commercial loan disputes and alleged LIBOR manipulation – indirect libel claim – equitable issues and displacement of jury presumption.	8 July 2014
Regina v Dean and Another (CR 63 of 2013) [2014] TCASC 7 (8 July 2014) Remote testimony permitted only from properly equipped facilities; home Skype refused to protect trial fairness. Audio Visual Link Ordinance – remote testimony – admissibility of evidence by Skype – unacceptable from private/home locations without proper transmission standards and safeguards – necessity to approximate viva voce to protect fair trial rights.	8 July 2014
May 2014
Regina v Rigby and Another (CR 22 of 2009) [2014] TCASC 8 (19 May 2014) Delay alone, without actual prejudice or prosecutorial fault, does not justify a permanent stay; unfitness requires expert proof. Criminal procedure – application for permanent stay due to delay; fitness to stand trial – need for current psychiatric evidence; right to trial within reasonable time – stay only where fair trial impossible or trial unfair (Attorney General's Reference No 2 of 2001 [2003] UKHL 68); allocation of responsibility for delay; absence of actual prejudice.	19 May 2014
R v Lincoln Smith (CR 28 of 2013) [2014] TCASC 12 (9 May 2014) Criminal law	9 May 2014
March 2014
Regina v Rigby and Others (CR 44 of 2013) [2014] TCASC 6 (27 March 2014) Late disclosure of crucial expert evidence during trial justified exclusion where adjournment would cause unreasonable delay and unfairness. Criminal law – Disclosure – Prosecutor’s duty to disclose evidence and material assisting the defence – Late disclosure of expert evidence during trial – Remedies: adjournment versus exclusion; unfairness and integrity of process.	27 March 2014
February 2014
In Re: Regina v Williams (CR 5 of 2011) [2014] TCASC 2 (26 February 2014) Loss of crucial bank CCTV, which prosecution failed to preserve, caused such prejudice that a permanent stay for abuse of process was granted. Criminal law – Abuse of process – Loss/unavailability of material evidence (CCTV/video) – Duty of police/prosecutor to obtain, retain and disclose unused relevant material – Ebrahim test for stays where material unavailable; stay warranted if absence causes serious prejudice making fair trial impossible or if bad faith/serious fault by authorities.	26 February 2014
Williams and Another v Regina (CR-AMP 7 of 2013) [2014] TCASC 10 (7 February 2014) Appellants’ convictions for corruption upheld; Commission’s investigatory powers valid; sentences modified and fines reduced. Integrity Commission – validity and commencement of amendments – power to investigate on own initiative; procedural requirements for complaints vs. investigations; Magistrates’ Court jurisdiction to try on Informations; Public Authorities Protection Ordinance limitation inapplicable to acts not bona fide executed; distinction between departmental policy and legal duty under Customs law; sufficiency of veterinary certificate under s.28 Public and Environmental Health Ordinance; aiding and abetting liability for participation in corruption; sentencing — custodial suspension quashed and fines reduced.	7 February 2014
January 2014
In Re: Regina v Bovell (CR 51 of 2012) [2014] TCASC 4 (24 January 2014) Court refused to admit an absent witness’s written statement under s8(2) because admission would be unfair to the defence. Evidence (Special Provisions) Ordinance s8(2) — admissibility of absent witness statements; distinction between s8(2)(b) and s8(2)(c) (outside jurisdiction v. all reasonable steps); s10 discretion — refusal where admission would be unfair and deprive accused of opportunity to controvert; what constitutes 'reasonable steps' to locate a witness.	24 January 2014