Comments on: Dirty Tricks in Paradise?

By: Marian

Marian — Tue, 18 Aug 2009 16:27:11 +0000

There are probably many Belongers heaving a sigh of relief because the British Government has stepped in, not for the first time, to combat corruption in TCI. Yes, the economy grew (so why is there no money in the kitty now?) during the Misick regime, tourism too, but did life get better for Islanders en masse? No. Why? Because financial gains were made by a few at the expense of the majority.

Turks & Caicos Islanders have chosen in the past, on more than one occasion, not to seek independence and it remains to be seen if they do so in the future. The British government has stepped in not a moment too soon and on its own terms, which is reasonable when the money of British tax payers is being used to bail out the TCI economy.

By: john andrews

john andrews — Tue, 18 Aug 2009 08:17:44 +0000

Ivan,

Thank you for your clarification – your source of information seems to have been more detailed than mine (not that that’s too difficult as I’ve only repeated what appeared in the papers).

However, I don’t think I’m too reassured by the point you make. With the constitution being suspended and the British governor assuming absolute control of government, it seems unlikely that the witnesses to Aulds’s inquiry need to have worried too much about being prosecuted for anything; and if that were a legitimate concern what would happen when trial by jury was fully restored? Are the ‘crimes’ for which they feared prosecution timebound – do they expire if not prosecuted within a particular timeframe?

It’s a very old trick of empire to introduce laws (or scrap them, as the case may be) under the pretext that it’s in the peoples’ best interests. Auld’s supposed concerns for the safety of witnesses is all very touching, but I suspect Michael Kenny’s point is a little closer to the mark: “nobody in TCI may have any interest in going to [open] court as all the dirt would then come out”

Trial by jury has its fair share of weaknesses and failures, but it is the most democratic institution we have. How sad is that?

By: Ivan Browne

Ivan Browne — Mon, 17 Aug 2009 20:04:18 +0000

On a point of clarification. Trial by Jury has not been scrapped other than for those who may be tried in court as a result of prosecutions arising from the evidence given at the Commission of Inquiry. Sir Robin Auld included this as one of the recommendations in the report as the defence lawyers for those called before the Commission told him that they did not think their clients would get a fair jury trial should any prosecutions be recommended.

By: Michael Kenny

Michael Kenny — Mon, 17 Aug 2009 17:50:50 +0000

An interesting point is whether the European Convention of Human Rights applies. The Member State of the Council of Europe is the “United Kingdom” but the Convention has been applied to the Isle of Man, British sovereign teritory but not part of the UK and, if I’m not mistaken, the inhabitants of Diego Garcia were able to rely on the Convention in their recent (successful) action aganist HMG for expulsion to make way for a USAF base. Of course, the Convention requires due process, not necessarily trial by jury, and certainly not trial by jury in the American sense. Ireland’s Special Criminal Court, for example, has been opertaing without a jury for more than 30 years. In addition, the Convention permits exceptional measures in emergency situations.

On the other hand, if things are as dirty as things are reputed to be in the Caribbean islands generally (think: Sanford, Cayman Islands), nobody in TCI may have any interest in going to court as all the dirt would then come out!