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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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April 2023
Osias Joseph dba Midtown Mall -v- Devon Hayles dba Platinum Fitness and as Fit X Gym (CL-44/21) [2023] TCASC 58 (24 April 2023)
Default judgment upheld; applicant's alleged pleading defects and proposed defence lacked real prospects.
Civil procedure – setting aside default judgment – grounds considered: irregularity (particularity of damages, interest, mesne profits), meritorious defence test (real prospect of success), detinue pleadings, counterclaim/set‑off; Court may refuse to set aside where proposed defence is merely non‑admissions and lacks averments; pre‑judgment interest claim under s.19 Civil Procedure Ordinance permissible; mesne profits liquidated once tenancy ends and defendant vacates.
 24 April 2023
Rex v Dalex Charles (CR 30 / 22) [2023] TCASC 62 (24 April 2023)
Rule 34 CPR 2021 is conjunctive and limited to varying existing bail conditions, not to making initial bail applications.
Criminal procedure — Bail — Rule 34 CPR 2021 construed conjunctively; applies only to remandees previously granted bail but unable to satisfy conditions — Rule 34 permits variation (not more onerous) of existing bail conditions and is not a route for initial bail applications — Distinction between rule 34 (monthly bail-condition review), rule 13(2) (remand review where trial exceeds nine months) and rule 31 (formal bail applications).
 24 April 2023
Erlin Dorstain v Rex (B 37/20) [2023] TCASC 61 (14 April 2023)
Bail refused because unanimous jury convictions and severe penalties create an unmitigable risk the applicant will abscond.
Criminal law – Bail – Test is probability of appearance, judged by nature of accusation, evidence strength, severity of punishment, risk of absconding, sureties, and witness interference. Unanimous jury verdict is a relevant factor indicating strength of evidence and may increase risk of absconding. Serious firearm and robbery offences with severe penalties can justify refusal of bail where conditions cannot mitigate absconding risk. Procedural irregularity at sentencing resulted in order for retrial; transcripts should be expedited.
 14 April 2023
Duncanson & Co. (Beryn Duncanson DBA) v East Wind Development Company Ltd and Ors.; Beryn Duncanson (DBA Duncanson & Co.) v The Registrar of Lands and Anor. (CL 150 of 2022; CL 97 of 2022) [2023] TCASC 54 (11 April 2023)

Bias

 11 April 2023
R v Erlin Dorastin (CR 36/20) [2023] TCASC 60 (5 April 2023)
A judge who did not preside at trial lacks jurisdiction to sentence the applicant; a retrial was ordered.
Criminal procedure – sentencing as part of the continuing trial – jurisdiction to sentence where trial judge demitted office – sentencing facts must be consistent with jury verdict – unfairness where sentencing judge did not hear trial evidence – retrial appropriate.
 5 April 2023