The Turks and Caicos Islands (TCI) Bar Council has received a letter from the British-funded Special Investigations and Prosecution Team (SIPT) investigating allegations of widespread government corruption stating that the SIPT may refuse to deal with certain local attorneys if the team feels that it may prejudice their investigation.
The SIPT is reportedly concerned that, in a small jurisdiction such as the TCI, attorneys representing an individual under investigation may also themselves be implicated.
In her letter, Special Prosecutor Helen Garlick emphasised “close family” connections between attorney and accused. Garlick therefore concluded that the investigations may be “prejudiced” or otherwise put at risk.
The Bar Council convened an emergency meeting on Saturday morning and reportedly concluded that the TCI Bar will not agree to the suggestion by the SIPT that certain lawyers who have relationships with other co-defendants should not be allowed to defend individuals caught up in the investigations.
The Council reportedly views this as a high handed approach to have more imported lawyers from Britain to get paid out of the investigation funding.
Furthermore, coming on the heels of the suspension of jury trials when Britain partially suspended the TCI constitution in 2009, local lawyers feel that this is another unacceptable derogation of the rights of an accused person, this time to be represented by the attorney of his or her choice.
According to one source, if the investigations are thought to be in danger of being compromised, the investigators should figure out a better way to pursue such investigations.
