Court name
Supreme Court of Turks and Caicos Islands
Case number
CL 11 of 2005

In Re: Danian Henry (CL 11 of 2005) [2005] TCASC 5 (11 February 2005);

Law report citations
Media neutral citation
[2005] TCASC 5
Coram
Gardner QC, J

IN THE SUPREME COURT                                                                                               Action No: CL 11/2005

OF THE TURKS AND CAICOS ISLANDS

IN THE MATTER OF DANIAN CECIL HENRY

AND IN THE MATTER OF AN APPLICATION BY A POLICE OFFICER FOR AN ORDER TO MAKE MATERIAL AVAILABLE UNDER SECTION 33(1) OF PROCEEDS OF CRIME ORDINANCE 1998

EXPARTE ORDER

Before His Lordship the Chief Justice, The Honourable Christopher Gardner, Q.C., sitting in Chambers at the Court House, Grand Turk, Turks and Caicos Islands on Friday, the 11th day of February 2005.

UPON THE APPLICATION OF Detective Assistant Superintendent Rodney Adams of the Royal Turks and Caicos Islands Police Force.

AND UPON HEARING Eugene Otuonye, Counsel for Detective Assistant Superintendent Rodney Adams.

AND UPON READING the affidavit of Detective Assistant Superintendent Rodney Adams sworn on 10th of February 2005.

AND UPON the Court being satisfied of the following, namely:

1.             That reasonable grounds exist for suspecting that Danian Cecil Henry has benefited from criminal conduct.

2.             That reasonable grounds exist for suspecting that the material to which the application herein relates:

(a)           is likely to be of substantial value (whether by itself or together with other material) to the investigation in respect of which the application herein is now made; and

(b)           does not consist of and/or include items which are subject to legal privilege.

3.             That reasonable grounds exist for believing that it is in the public interest that the said material should be produced or that access to it be given having regard to the following, namely:

(a)           the benefit likely to accrue to the investigation if the said material is obtained; and

(b)           the circumstances under which the person in possession of the said material holds the same.

IT IS ORDERED THAT:

(1) All ATM transactional reports for 14th January 2005 during the period 9:00pm - 12:00am, and

(2) The surveillance imageries recorded in any form on 14th January 2005 during the period of 9:00pm - 12:00am by cameras located at the ATM and at the main entrance door at the premises of FirstCaribbean International Bank, Leeward Highway, Providenciales, which in relation to (1) and (2) above,

(a)           relate to or otherwise connected with Danian Cecil Henry; and

(b)           are held by or are in possession of FirstCaribbean International Bank, P.O. Box 698, Leeward Highway, Providenciales, Turks and Caicos Islands,

be produced and or made accessible to Detective Assistant Superintendent Rodney Adams within 7 days from the date of service of this Order,

and that Detective Assistant Superintendent Rodney Adams be and is hereby authorized to take away forthwith from the premises of the said FirstCaribbean International Bank and retain any and all relevant original and/or copy documents and imageries as are referred to in paragraphs (1) and (2) above.

Dated this……..day of………..2005.

BY ORDER OF THE COURT

IN THE SUPREME COURT                                                                               Action No: CL 11/2005

OF THE TURKS AND CAICOS ISLANDS

IN THE MATTER OF DANIAN CECIL HENRY

AND IN THE MATTER OF AN APPLICATION BY A POLICE OFFICER FOR AN ORDER TO MAKE MATERIAL AVAILABLE UNDER SECTION 33(1) OF PROCEEDS OF CRIME ORDINANCE 1998

EXPARTE ORDER

Attorney General

Attorney General’s Chambers

South Base

Grand Turk

Turks and Caicos Islands

IN THE SUPREME COURT                                                                               Action No: CL /2005

OF THE TURKS AND CAICOS ISLANDS

IN THE MATTER OF DANIAN CECIL HENRY

AND IN THE MATTER OF AN APPLICATION BY A POLICE OFFICER FOR AN ORDER TO MAKE MATERIAL AVAILABLE UNDER SECTION 33(1) OF PROCEEDS OF CRIME ORDINANCE 1998

EXPARTE ORIGINATING SUMMONS

Let all parties concerned attend before His Lordship the Chief Justice, The Honourable Christopher Gardner Q.C, in Chambers at the Supreme Court, Court House, Grand Turk on day of February 2005, at o’clock in the forenoon or soon thereafter as Detective Assistant Superintendent Rodney Adams or Crown Counsel on his behalf shall be heard on an application seeking the following Orders.

1.             That all ATM transactional reports for 14th January 2005 during the period 9:00pm - 12:00am and:

2.             The surveillance imageries recorded in any form on 14th January 2005 during the period of 9:00pm - 12:00am by cameras located at the ATM and at the main entrance door at the premises of FirstCaribbean Bank, Leeward Highway, Providenciales, which:

(a)           relate to or otherwise connected with Danian Cecil Henry; and

(b)           are held by or are in possession of FirstCaribbean International Bank, P.O. Box 698, Leeward Highway, Providenciales, Turks and Caicos Islands,

be produced and or made accessible to Detective Assistant Superintendent Rodney Adams within 7 days or such other period that the Court deems appropriate.

3.             That Inspector Detective Assistant Superintendent Rodney Adams be and is hereby authorized to take forthwith from the premises of the said FirstCaribbean International Bank and retain any and all relevant original and or copy documents duly certified or not, as are referred to in paragraph 1 herein.

4.             For such other orders or directions as this Court shall deem fit.

Dated this day of February 2005.

Eugene Otuonye

Deputy Attorney General

Attorney General’s Chambers

South Base

Grand Turk

This Exparte Originating Summons was taken out by the Attorney General’s Chambers, South Base, Grand Turk on behalf of the Applicant herein.

THIS SUMMONS was issued out this           day of February 2005

His Lordship, Chief Justice

To: Registrar of the Supreme Court

Court House, Grand Turk

ATTORNEY GENERAL’S CHAMBERS

South Base

Grand Turk

Turks & Caicos Islands

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