Court name
Supreme Court of Turks and Caicos Islands
Case number
RO 2 of 2020

R (The Special Prosecutor) v. McAllister Hanchell (RO 2 of 2020) [2020] TCASC 9 (17 July 2020);

Law report citations
Media neutral citation
[2020] TCASC 9
Case summary:

On 12 June 2020, the Crown sought a Restraint Order against certain assets of the Respondent, by a process entitled ‘Notice of Application’. The Respondent filed a summons under Order 2, rule 2 Rules of the Supreme Court to set aside the applicant’s process for irregularity.

Headnote and holding:

Summons to set aside dismissed. 

This is not a proper case for setting aside the process under Order 2, r2 RSC. Order made to convert these proceedings to proceedings begum by originating motion and all processes deemed to be properly filed. Paras 34-38. 

The Proceeds of Crime Ordinance (POCO) 1998 does not set out the process by which an application under the Ordinance should be made. The provisions of the RSC would be the default position where no procedure is specified. An originating motion, as described in Order 8, r 3 of the RSC 2000 would be the most appropriate process to be used for an application under this Ordinance. Paras 24 – 30. 

Coram
Agyemang, CJ