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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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5 judgments
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January 2024
Antoine Florisca and Anor v Midi and Ors. (CL 3 of 2020) [2024] TCASC 2 (19 January 2024)
Application to dismiss for want of prosecution refused; no contumelious default or proven prejudice, matter ordered for urgent directions.
RSC Order 25 – dismissal for want of prosecution – requirements for contumelious default or inordinate/inexcusable delay; prejudice and risk to fair trial; consent directions and shared culpability for delay; extension of time to file pleadings; discharge of interlocutory injunction not justified absent proven prejudice.
 19 January 2024
Jermaine Jennings v Adlin Pierre dba TCI AUTO SPOT (CL 21 of 2022) [2024] TCASC 3 (19 January 2024)
Plaintiff not entitled to replacement cost; nominal damages awarded for delay and failure to mitigate.
Contract and tort — assessment of damages for defective repairs; measure of damages (replacement cost vs cost of cure/diminution in value vs nominal damages); duty to mitigate; proof of special damages; refusal of stay pending related claim.
 19 January 2024
The Honourable Attorney General of the Turks and Caicos Islands -v- Sean Sullivan (CL 53 of 2020) [2024] TCASC 8 (17 January 2024)
Judge refused to hear a no‑case submission without first putting the defendant to his election to call evidence.
Civil procedure – no‑case to answer submissions – non‑jury trials – judge should rarely entertain such submissions without putting defendant to election. Practice and authorities – Alexander v Rayson; Lawrie v Raglan; Benham; Neina Graham; White Book; Phipson. Evidence (Special Provisions) Ordinance – use of documentary notices does not ordinarily justify early no‑case ruling; section 16(4) admissibility noted.
 17 January 2024
Brian Francis v R (CR 36 of 2022) [2024] TCASC 5 (15 January 2024)
Delay alone does not compel bail; serious charges and risk of witness interference can justify continued remand.
Bail law – renewed bail application after earlier refusal – delay as potential change in circumstances – delay must be weighed against seriousness of offence, strength of evidence, risk of witness interference and public protection.
 15 January 2024
R v Cedric Simms (CR 9 of 2023) [2024] TCASC 4 (9 January 2024)
Circumstantial evidence, including threats and a recorded admission, sufficed to convict the defendant of arson despite no fire report.
Criminal law – Arson – Circumstantial evidence – motive, opportunity, conduct and admissions as cumulative strands to prove guilt beyond reasonable doubt. Evidence – Admission against interest – recorded telephone conversation admissible and probative. Evidence – Identification – reliability where witness familiar with accused and lighting adequate. Procedure/evidence – absence of forensic fire investigation not necessarily fatal to circumstantial case if alternative hypotheses excluded.
 9 January 2024