February 2 - 8, 2013
NEWS 13
TURKS AND CAICOS WEEKLY NEWS
AG blasts writers of ‘offensive drivel’ – But legal group fights back ATTORNEY General (AG) Huw Shepheard slated anonymous column writers calling some recent submissions on the judiciary “unsupported and frankly preposterous”. He was backed up in a letter from The Bar Council which said that published articles contained disgraceful personal attacks. However a newly formed legal advocates group said the AG’s comments threatened freedom of speech. On Tuesday a passionate press release from the AG hit out at “offensive drivel” written on local news websites and stressed that unsubstantiated writing could lead to a weakening of the judicial system. Shepheard said that a number of articles had been written without consideration for the law and added that he would be seeking to prosecute the writers and website owners for contempt of court or scandalising the jury. Maximum penalties for such offences include an unlimited fine and life imprisonment. He wrote: “It has come to my attention that there have recently been attacks on websites and in the media on the judiciary, the registrar of the Supreme Court, public servants, and others, and on the judicial and legal system as a whole. “These attacks have made unsupported and frankly preposterous accusations coupled with other scurrilous and defamatory material.” He added that the attacks were “abhorrent” in a decent and orderly society and he urged the public and the media to adhere to the highest principles of decency and proper
restraint in commenting on judicial and public matters. The AG stressed that members of the media should be aware that the judges cannot respond themselves. “No right-thinking person would believe or accept as accurate the offensive drivel that is being written, but it seems that many uncritically believe what they read, with the result that there is a general weakening in respect for our institutions and legal system, and for judicial independence. “These personal and defamatory attacks on public servants are grossly unfair and should stop; their continuance is corrosive and destructive of public trust in institutions which serve all Turks and Caicos Islanders and all who live here; they simply pander to ignorance and the worst side of human nature.” Shepheard went on to urge people with concerns or complaints to express them in temperate and reasonable language without indulging in personal attacks. He said that if any of the recent reports are found to scandalise the jury the writer or publisher could face a maximum penalty of an unlimited fine and the possibility of life imprisonment. “Internet sites and the media generally should not accept and publish anonymous columns; doing so actively promotes cowardly and sickening attacks such as these and lowers the tone of journalism.” The AG added that public officers are also liable for disciplinary action and prosecution for the unauthorised disclosure of public information and could face penalties of up to ten years imprisonment and a fine of up
Developments in family islands vital for viable private sector BY VANESSA NARINE SEVERAL tourist developments are being looked at by the current administration, three of which are in the family islands. Finance Minister, Washington Misick, maintained that developments in the family islands are important to developing a viable private sector in those areas. The West Caicos development, which has been stalled since 2008, is in progress. In South Caicos, the High Point Resort and East Bay Resort are projects that are also progressing. On Tuesday Misick said: “High Point and the East Bay Resort are extremely important to us.” According to him, the agreement with High Point includes a partnership in getting the South Caicos Airport operational. He said: “We are working on this and I hope to be clearer on where we are at our next press conference. “I am personally working closely with the developers in trying to
assist them in moving the project forward and getting the airport also completed in order to bring it to a standard to receive international passengers. “We believe the focus should be on expanding the economy and creating growth. It will require new legislation and it will also require a clear investment policy, which we are currently working on.” The Finance Minister noted that the Administration is currently working on the Fraction Ownership ordinance and the Credit Union ordinance, as well as on establishing a working group of Small and Medium sized Enterprises (SMEs) and one that will address the reestablishment of TC Invest, in addition to two papers that were presented to Cabinet on the same issue. The country’s Gross Domestic Product (GDP) was 4.1 per cent in 2011, a result of the improved fiscal position and the success the TCI had in attracting investment both internal and external in the past year.
Attorney General Huw Shepheard
to $50,000. “Our Constitution and the other laws I have referred to seek to balance the exercise of the right to free speech against the harm that unfettered free speech can do to individuals and society at large.” BAR COUNCIL RESPONSE A letter from The Bar Council submitted to press on the same day also commented on attacks on the judicial system in the media. It read: “The independence of the judiciary and the independence of the media are fundamental to the continued exercise of liberties which underpin our society. “However, the independence of the judiciary does not reduce the responsibility of the press to offer reasoned criticism of judges or their decisions. “Judges take an oath to apply the law as they find it without fear or favour and they should not be inhibited in this task, even when the media does not like it. “
It went on to berate those that make “unfair or unjust” criticism of judges knowing they are unable to answer. The letter stressed that articles claiming the present Registrar of Providenciales Supreme Court is unqualified were untrue. He is a solicitor of over 30 years and has held posts as Master and Registrar of the Supreme Court of Sierra Leone for a year, Chief Magistrate and Registrar of the High Court of the Solomon Islands for over 12 years and also as a judge of the High Court of the Solomon Islands for three years. The Bar Council also hit out at the writers of articles that focused on the grant and rates of legal aid. It said that there are means by which these issues can be resolved without attacking the judiciary in the press when they have no ability to respond. Court rulings rather than unidentified legal sources should be the foundation for any fair and balanced comment, the letter read. “The Bar Council has a vested interest in ensuring that the legal aid system works in the interests of legally aided persons and the attorneys undertaking such work. “The Bar Council will work to achieve a fair solution to the issues that have arisen.” The letter went on to say that if anyone disagrees with a court decision there are appeals prescribed by law or other means of redress. And finally the council reiterated the AG’s comments on prosecution for contempt of court and scandalising the judiciary. “If there is to be comment on the
role of the judiciary it must be fair and it must be balanced. “The media has its role to play in upholding these values. The Bar Council is determined that the administration of justice should not be brought into disrepute.”
LAWYERS HIT BACK A group of lawyers struck back on Thursday after reading the AG’s comments on anonymous column writers. In a letter to the press the Advocates Legal Group, made up of Mark A Fulford, Noel T Skippings, Arthur Hamilton, Ashwood Forbes and Courtenay Barnett, said they were compelled to respond. “We find it to be very high handed, vexatious and it wreaks of intimidation of the highest order,” they wrote. They stressed that the country’s constitution guarantees freedom of expression. “It is not acceptable that the Attorney General should cause to be published a threat of 10 years imprisonment when the press published and freely expresses factually based concerns about the manifest flaws and shortcomings in the justice system under the present dispensation.” They added that it is a compromise of the constitutional enshrinement and protection of the fundamental right of freedom of expression. The group explained that scandalising the court is no longer used in England and is an obsolete law They said that defamed individuals should sue the publishers and the AG should not threaten lawyers or the press. (RB)
New ‘state of the art’ high school on Provo – Facility will house 600 students A NEW high school will be built in Providenciales to address expanding numbers of pupils seeking Government-led education. No more than 600 pupils will be taught at the “state of the art” facility and class sizes will be strictly limited to 28. This week Minister of Education Akierra Missick told the Weekly News that along with the secondary school, a new primary school will also be constructed. She said census data, the five year education plan and other discussions with educators led the Government to make the decision. “Given the potential growth in population and the current situation at Clement Howell High School with overcrowding we will need to have a facility to address placements both at the high school and primary school levels,” she explained. A decision on the location of the new schools is currently being discussed and has not yet been confirmed but the Minister stressed that it would be in a strong catchment
area for children. She added that it is important that the new schools set a standard and stick to strict teacher to pupil ratios. “Certainly the schools will be built to consider growth but ideally we want our classrooms have a ratio of 28 students to one teacher - this is an acceptable standard. “Additionally we are aiming that our high schools hold no more than 600 students, which we have found to be a manageable size. “Of course this new school will be built in an area that can accommodate expansion.” The process is still in the early planning stages as the Education Department gathers data to present to Cabinet in time to be considered in the new budget. Missick described the new high school as “state of the art” with modern equipment, and said it would provide many opportunities for employment. “Of course when you have a new school you are talking about new
teachers, canteen and tuck shop workers, cleaners, grounds men, modern equipment, proper sporting facilities, one that will emphasise technical and vocational teaching etc. “That is our vision and definitely this vision will work hand in hand with the type of scholarships we award, the type of programmes that the Community College has in place to address these development needs, our partnerships with regional schools to train additional teachers to take up positions there in the medium term and beyond that. “So the potential for employment from design to implementation is very high and we are addressing this in a very determined and strategic way.” Earlier this month at a post Cabinet press conference Premier Rufus Ewing spoke of proposals for a new high school in Providenciales. He said the Government was “committed” to building the new school and work would likely be completed within a year.