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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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7 judgments
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7 judgments
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Judgment date
May 2023
The Honourable Attorney General of the Turks and Caicos Islands -v- Sean Sullivan (CL-53/20) [2023] TCASC 63 (22 May 2023)
Court permitted amendment to defence including third‑party influence allegations, finding no uncompensable prejudice and ordering costs to defendant.
Civil procedure – amendment of pleadings (O.20 Civil Rules 2000) – amendments allowed unless causing prejudice not compensable by costs; pleadings vs evidence – court will not assess evidential merits at amendment stage; pleadability of allegations about third‑party influence relevant to explaining plaintiff’s decision; clarification of internal inconsistencies in pleading required.
 22 May 2023
R v Geno Bernadin (CR 21/22) [2023] TCASC 66 (17 May 2023)
Mandatory seven‑year sentence upheld; defendant’s claim of finding and intending to surrender the firearm was not exceptional.
Firearms — Mandatory minimum sentence — Seven years — Exceptionality required to disapply — High threshold; deterrence central. Sentencing facts after jury verdict — judge must be consistent with jury’s verdict; single reasonable interpretation binds sentencing. Defendant’s claimed intention to surrender firearm and personal mitigation of limited weight without compelling evidence.
 17 May 2023
R v David Carrol O'Conner (CR 12 of 2023) [2023] TCASC 97 (16 May 2023)
16 May 2023
Stephenson Morris -v- Jakara Ltd (CL-APM 1A/21) [2023] TCASC 56 (12 May 2023)
Appellant’s refusal to participate and lack of payment evidence justified dismissal of the appeal and award of costs.
Civil appeal – rehearing – appellant’s voluntary refusal to participate; attendance by video link; adjournment discretion; evidential burden to prove payment; declined credit card receipt not proof of payment; costs for frivolous/dilatory appeal.
 12 May 2023
Willengince Noel v Rex (CR 52 / 2020) [2023] TCASC 65 (12 May 2023)
Application for stay on abuse of process (delay and non-disclosure) refused; delay and disclosure failures insufficient to bar trial.
Criminal procedure — Abuse of process — Stay of proceedings — Two-category test (unfair trial; offending court’s sense of justice) — Exceptional remedy; burden on accused to show serious prejudice — Delay and non-disclosure — Disclosure duty proportionate to issues — Public interest in prosecuting serious offences.
 12 May 2023
The Honourable Attorney General of the Turks and Caicos Islands -v- Sean Sullivan (CL 53/20) [2023] TCASC 55 (11 May 2023)
Defendant granted leave to amend Defence subject to revising pleaded matters struck out by an earlier judgment.
Civil procedure – amendment of pleadings (O.20 r5) – leave to amend Defence – court may consider merits only if lack of reasonable defence is readily apparent – issue estoppel – effect of earlier strike-out and discontinuance – estoppel and clarity of representations to be determined at trial.
 11 May 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 57 (5 May 2023)
A refusal to recuse is interlocutory; leave to appeal may be granted, but an appeal does not automatically stay proceedings.
• Civil procedure – recusal applications – whether refusal to recuse is final or interlocutory – application approach applied. • Appeals – constitutional right of appeal under s.21(1) & (4) left to Court of Appeal; Supreme Court may decline to decide. • Leave to appeal – discretionary grant permitted even absent clear prospects of success where public interest or case‑management considerations justify it. • Stay – appeal against recusal refusal does not automatically stay proceedings; stay requires judicial direction and will not be granted absent cogent reasons.
 5 May 2023