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TURKS AND CAICOS WEEKLY NEWS

January 11 - 17, 2014

Corruption accused plead not guilty – Trial without jury bid argued in court FOUR ex-ministers of Government, a former PNP leader and six others pleaded not guilty to corruption charges that were read to them in court this week. Their plea and directions hearing commenced in the Supreme Court this Monday (January 6) with the Crown seeking a trial without jury for the accused. Queen’s Counsel, Andrew Mitchell of the Special Investigations and Prosecution Team (SIPT) is leading the Crown’s case, along with Mark Weekes, Robert Rinder and Rebecca Dix. The defendants include former Deputy Premier and Minister of Finance Floyd Basil Hall, former Minister of Natural Resources McAllister Eugene Hanchell, former Minister of Education Lillian Elaine Boyce and former Minister of Works Jeffrey Christoval Hall. The others defendants are former PNP leader and attorney Clayton Stanfield Greene, attorney Thomas ‘Chal’ Misick, Lisa Michelle Hall, attorney Melbourne Arthur Wilson, Quinton Albert Hall, Earlson McDonald Robinson and Norman Saunders Jnr. Under the Trial Without A Jury Ordinance 2010 which was enacted by former Governor Gordon Wetherell, the accused are not automatically entitled to a jury trial. However, attorneys for the defendants over the past week made submissions before Judge Paul Harrison contesting the SIPT lawyer’s request. Mitchell made a submission to the judge for an order prohibiting the media from reporting on the submissions made by the lawyers. Judge Harrison granted the request after hearing Mitchell and two other lawyers’ arguments for and against the order. He cited the possibility that media reports on the hearing may influence a potential

jury pool. Additionally, the judge also granted an application by the SIPT lawyer for ruling on the trial without a jury application to be delayed until the former Premier has had his sufficiency and plea and directions hearings in March. Misick, who is named in 11 of the charges read to eight of the defendants, was officially charged with conspiracy to bribe in Grand Turk Magistrate’s Court on Tuesday. He will appear in the Supreme Court for his sufficiency hearing on March 7. Mitchell also advised the defence lawyers that those defendants who wish to wait until Misick is before the Supreme Court to make their submissions are free to do so. Meanwhile, all of the defendants pleaded not guilty when the charges were read to them. THE CHARGES Floyd Hall, McAllister Hanchell, Jeffrey Christoval Hall, Clayton Greene, Thomas Misick and Lisa Hall, are alleged to have conspired together and with others to receive bribes between August 1, 2003 and August 31, 2009 to enable Michael Misick, Floyd Hall, Hanchell and Jeffrey Hall to accept inducements by unlawful corrupt payments or other rewards while they were serving as ministers of government. In another count, Floyd Hall, McAlliser Hanchell, Jeffrey Hall, Lillian Boyce, Clayton Greene and Thomas Misick were charged with conspiring between August 1, 2003 and August 31, 2009 together with Michael Misick and others to defraud the Government and/ or the Belongers of the Turks and Caicos Islands whilst they - with the exception of Greene - were ministers of the Crown by acting in a way that was contrary to the economic interests of the said Government

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and/or Belongers in respect to Crown land. In this count the Crown alleges that contrary to the Crown Lands Policy, they agreed that Crown land be sold to particular Belongers at a value or in circumstances that were disadvantageous to the TCI Government and Belongers. The Crown also accuses the six of agreeing that particular Belongers become owners of Crown land at a value disadvantageous to the TCIG knowing that said land was not owned by the particular Belongers on terms consistent with the relevant and prevailing Crown Land Policy. In the same charge, the six are further accused of agreeing to the sale of Crown land at an undervalue thereby reducing the revenue to be obtained from the sale including the

stamp duty. The Crown further alleges that they agreed that planning permissions and/or development rights would be granted to prospective developers on terms and conditions adverse to the interests of the TCIG and Belongers. Another count names Floyd and Jeffrey Hall, Lillian Boyce, Samuel Been and Melbourne Arthur. They are accused of conspiring together between January 1, 2004 and June 30, 2006 with Michael Misick and other people to defraud the TCIG by arranging the transfer of Crown land at North West Point on terms that were contrary to the economic interests of the Crown. A similar count of conspiracy to defraud was laid against Clayton Greene. That charge alleges that between January 1, 2004 and July 31, 2008 he conspired with Michael Misick and other persons to defraud the TCIG by

arranging the transfer of Crown land at Juniper Point on terms that were contrary to the economic interests of the Crown. Yet another count of conspiracy to defraud has been laid against Floyd Hall and Thomas Misick. The Crown alleges that between January 1, 2006 and August 31, 2009 they conspired with Michael Misick to defraud the TCIG by arranging the lease of a gulfstream jet on the basis that this was for the benefit the Government when in fact it was intended that the jet would be for the personal use of Michael Misick. A final count of conspiracy to defraud names Floyd and Jeffrey Hall, McAllister Hanchell, Lillian Boyce and Thomas Misick. They are charged with conspiring with Michael Misick and others between July 1, 2002, and August 31, continued 

Padgett’s sentencing delayed again – To deliver ‘tell all’ mitigation THE SENTENCING of the now bankrupt British developer Richard Padgett has been pushed back to March 31, the same date on which his co-defendants will know whether they will face a jury trial or not. Judge Paul Harrison made the decision on Monday afternoon (January 6) following a submission for the delay by the admitted briber’s lawyer, Collingwood Thompson QC via a Skype audio link from the United Kingdom. Earlier in the same day, Judge Harrison granted an application made by lead prosecutor of the Special Investigations and Prosecution Team (SIPT), Andrew Mitchell QC, requesting the judge delay ruling on whether the eleven others accused of a slew of corruption charges will face a trial without a jury. Thompson submitted to the court that while his client – previously set for sentencing on January 13 - wished to be sentenced as soon as possible, he was hoping for a ruling on the trial without jury application this week. He requested that the sentencing and Padgett’s mitigation be held back until the judge hands down his judgment on Mitchell’s application.

According to Thompson, Padgett’s mitigation (an attempt to represent an offence as less serious than it appears by showing mitigating circumstances) will affect the other defendants and could influence the judge’s decision on the trial without jury request. He said there is no question that Padgett’s mitigation will infringe on the rights of those currently before the court if he were to advance the ‘climate of fear’ under the Michael Misick administration. The judge agreed and put off the sentencing and mitigation until after his ruling and the former Premier’s plea and directions hearing before the Supreme Court in March. Padgett’s bail was extended until March 31 and his lawyer was directed to provide the court with a medical report from the defendant’s neurologist who he is scheduled to see on February 20. Padgett has been ill and unable to travel to the Turks and Caicos Islands since being charged with the offence and has appeared via video and audio link from the United Kingdom - first to enter his guilty plea and during a subsequent hearing. The offences he is charged with were again read in his absence before the court during Monday’s plea and directions hearing of the 11 other defendants. One reads: Between August

1, 2003 and August 31, 2009 together with John Gill, Marcus Hawkins and Simon Padgett gave inducements by unlawful corrupt payments or other rewards (in the form of cash, credit, entertainment and other advantages), to Michael Eugene Misick and Floyd Basil Hall while they were serving as Ministers of the Crown in the Government of the Turks and Caicos Islands so that the said Michael Eugene Misick and Floyd Basil Hall would act in a way that was contrary to the ordinary rules of honesty and integrity expected of Ministers of the Crown so as to benefit the said Richard Padgett, John Gill, Marcus Hawkins and Simon Padgett in their commercial interests in the Turks and Caicos Islands. Another allegation stated that Padgett between January 1, 2008, and August 31, 2009, conspired together with Floyd Basil Hall and other persons to pervert the course of public justice in that knowing that a judicial public inquiry was continued 