RTC Director

Updated Story on the AK-47 found by Kevin Bingham

Huw Shepheard, the Director of Public Prosecutions, has made a further statement over the weekend on the case of Kevin Bingham, following his decision not to proceed with a prosecution for illegal possession of a firearm. A picture of the AK-47 rifle, recovered following a dive by Mr Bingham at The Hole in Providenciales, has now been published onwww.facebook.com/UKinTCI.

It shows a weapon in what is described as extremely poor condition. The DPP made his decision not to proceed with the case because in his judgment the defendant did not intend to use it for any criminal purpose. In the interests of further understanding by the public and media a number of additional points of clarity have been published. RTC's Chris Jarrett has more details.

Director of Public Prosecutions says Bingham was charged by the Police and his decision not to proceed with a prosecution was reached following a request by Bingham’sdefence lawyers. Huw Shepheard’s additional information focuses on the condition of the gun which was recovered by Binghamon November 11^th.

He did not report its discovery to the police and four days later they took possession of AK-47 after going to his house with a search warrant. Binghamtold the police he had found the gun while diving to retrieve a friend’s wallet.

In describing the gun the DPP says most of the magazine has rusted away and the spring that would ordinarily feed cartridges into the breech - when the weapon is being fired- is clearly hanging out loose.

The pistol grip has completely disappeared. The wooden grip normally found in front of the magazine has gone, making the holding of the weapon very difficult and risky.

The sheet metal parts that shield the mechanism are badly corroded and there is no way of knowing what damage may have been done inside without dismantling the weapon. The covering for the spring that absorbs the recoil and re-cocks the weapon when it is fired is gone, and the spring is exposed; the spring shows signs of corrosion.

The DPP saidit did not appear the weapon could readily have been made to fire, and it did not appear that any ammunition was recovered. Bingham, he said, was seen to recover the AK-47 by a number of people present at that time.

The worst that could be said of Bingham’sconduct on the evidence was that he displayed a total failure of judgment - but there was no evidence of any real criminal intention.

The DPP said had no personal knowledge of the individual and presented with the same set of facts he would stop a prosecution against any person regardless of age, sex or colour. This is Chris Jarrett reporting for RTC.

by RTC Director

VAT DELAY IN TCI WILL REQUIRE CHANGE IN LEGISLATION, SAYS UK MINISTER

Any delay in the introduction of Value Added Tax (VAT) in the Turks and Caicos Islands would require a change in legislation and the Governor will have the final say.

This was stated in the House of Commons on November 19th by Britain's Minister for Overseas Territories Mark Simmonds who was asked if he will allow the Government of the Turks and Caicos Islands to delay the introduction of VAT if it wishes to do so.

Simmonds replied: "The Interim Government in Turks and Caicos Islands decided to introduce VAT. Consequently the VAT Bill was signed into law on 18 July 2012 and will come into force on 1 April 2013. Any delay would require a change in legislation. Before giving assent to such legislation, the Governor would need to consider if it was consistent with the Constitution and the Statement of Governance Principles in force. This requires the new Turks and Caicos Islands Government to formulate and conduct macro-economic and fiscal policy for the sustained long-term prosperity of the people of the islands, and to manage public funds according to established principles of value for money, affordability and regularity and in the interests of long-term financial stability."

Earlier this month, Simmonds told the House of Commons that "the introduction of value added tax is a decision for the Turks and Caicos Islands Government".

Both the Progressive National Party (PNP) and the People's Democratic Movement (PDM) have expressed their opposition to VAT.

Even if the two parties were to join forces in the House of Assembly and seek to repeal the VAT Bill, the Governor still has reserve powers under the Constitution that can over-ride that decision.

Section 72 of the Constitution states:

(1) If the Governor considers that the enactment of legislation is necessary or desirable-

(a) for the purpose of securing compliance with an international obligation;

(b) to ensure compliance with the Statement of Governance Principles for the time being in effect;

(c) to ensure that sufficient funds have been appropriated, within four months of the commencement of each financial year, for the effective operation of committees of the House of Assembly, the courts, the Attorney General's Chambers, and each institution protecting good governance; or

(d) to give effect, with or without modifications, to the recommendations contained in a report of an Electoral District Boundary Commission, but, after consultation with the Premier, it appears to the Governor that the Cabinet is unwilling to support the introduction into the House of Assembly of a bill for the purpose or that the House is unlikely to pass a bill introduced into it for the purpose, the Governor may, with the prior approval of a Secretary of State, cause a bill for the purpose to be published in the Gazette and may (notwithstanding that the bill has not been passed by the House) assent to it on behalf of Her Majesty; but the bill shall be so published for at least 21 days prior to assent unless the Governor certifies by writing under his or her hand that the matter is too urgent to permit such delay in the giving of assent and so informs a Secretary of State.

(2) If any member of the Cabinet so desires, he or she may, within 30 days of the publication of a bill under subsection (1), submit to the Governor a statement in writing of his or her comments on such publication, and the Governor shall forward such statement, or a copy of it, as soon as practicable to a Secretary of State."

Meantime, Simmonds, who will be in the Turks and Caicos Islands for the official opening of Parliament later this week, told the House of Commons that a framework document has also been agreed that sets out the key principles of good financial management and the debt threshold targets agreed by the Secretary of State for Foreign and Commonwealth Affairs, William Hague.

Within this framework, Simmonds added, the new Government will need to agree a medium-term strategic plan that includes revenue and expenditure forecasts for at least the next three financial years.

"It is important that TCI demonstrates its ability to run a credible and sustainable fiscal policy, including reducing its debt levels, so that it can refinance itself independently by the time the UK Government debt guarantee expires at the end of 2015-16. UK agreement to the budget and fiscal plans will be contingent on TCIG formulating credible policies to meet these key objectives," Simmonds added.

Source-TCI SUN

by RTC Director

TCIG, Digicel Signs Contract to Overhaul Service

Turks and Caicos Islands Government (TCIG) has announced a $1.76m upgrade of its IT systems by Digicel TCI to improve its efficiency and revenue collection Friday Nov 23, 2012.

The contract is expected to save the Government around $62,000 a month or $3.7M over the five-year term of the contract over its current IT spend.

The agreement provides for the installation of a new network infrastructure that will improve the security and reliability of the current online systems. It will also see the provision of new computer equipment and WAN/LAN connectivity for the TCIG.

The new system is being designed to handle multiple applications simultaneously and prevent the frustrating system ‘freezes’ that civil servants and the TCI public often have to endure.

The upgrade will provide higher data communication bandwidth to allow better faster communications between TCIG people, departments and the outside world.

Anya Williams, Deputy Governor and Head of the TCI Public Service said, “I am quite enthusiastic about the new agreement with Digicel as it will revolutionise not only the manner in which civil servants will be able to carry out their duties, but also the way that we communicate both internally and externally, with persons on island and abroad and the manner in which we provide services to the public. This forms a part of our commitment to modernise TCIG and to bring much needed reforms to the way we conduct business."

The benefits of the new system also include:

1.Greater accountability of public spending by making it easier for government employees to track their expenditures through better access to the Financial Management System

2.Reductions in the cost of phone calls and internet communications

3.Improved communications between government facilities scattered across the family islands

4.Extensive replacement of obsolete computer equipment

TCIG’s Lorenzo Grant said, “We are very excited to be working in partnership with Digicel TCI on this ambitious project and have great confidence in our combined abilities to deliver and in fact exceed the objectives. Mr. Saunders and his team’s expertise has allowed us to quickly come to a shared vision for the technologies to be introduced and to move decisively in the decision making process.

 “The Turks and Caicos Island Government can look forward to having the tools and infrastructure to operate efficiently, be at its most productive and affordable IT costs.”

Managing Director of Digicel TCI, E. Jay Saunders, added,: “After a competitive bidding process, Digicel TCI is proud to be selected as the winner to become the primary telecommunications provider to the TCI Government for the next five years.

“Our solution will not only provide the Government with terrific value for money but also give it a state of the art platform to launch all of its e-Government and communications initiatives. We are confident that when we go live with these solutions that the Government and the public will immediately see the service and quality benefits already enjoyed by Digicel customers.”

by RTC Director

Digicel Gives 10,000 Reasons to Smile this Christmas in TCI

Digicel rolls out the red carpet as we enter the festive season.

It’s the most wonderful time of the Year and no other time of year has the power to bring cheer and most importantly smiles to any face than at Christmas. This Christmas, Digicel will be adding and encouraging even more smiles with their fantastic Christmas Promotion themed “Let’s Share a Smile this Christmas!”

In the spirit of spreading joy and cheer this festive season, Digicel has launched its latest promotion that will not only see customers winning great prizes, but also bringing a smile to customer’s faces through its festive promotion.

The “Let’s Share a Smile” campaign will give new and existing Digicel customers the opportunity to win the grand prize of $10,000 by purchasing any Blackberry or Nokia Lumia 610 Smartphone, sending 10 or more SMS in a day, signing up for a data plan, or paying their postpaid bills on time and in full. Additionally, customers who top up $10 or more every week will be entered in a draw to win a Samsung Galaxy Tablet, a Samsung Galaxy S3 smartphone, and a Blackberry Playbook.

According to Trina Adams, Digicel’s Marketing Specialist, “Christmas is always a special time of the year for Digicel’s customers. Customers look forward to great deals and prizes, and we’re always looking for new ways of rewarding our customers and thanking them for being a part of the Digicel family.

Further, Digicel’s CEO, E. Jay Saunders expressed that “we know that cash this Christmas would be tight for a lot of families and we could not think of a better way to share a smile with our customers than to have them smiling all the way to the bank.

To introduce this exciting new promotion, Digicel hosted a luncheon for the local Media where Digicel’s CEO also recap highlights of the past year, announced plans for the year ahead and said a special thank you to the media by presenting them with free voice and internet service for 1 year on Digicel’s new blazingly fast 4G network – a US$1,200 value.

Digicel customers can be truly proud to be part of the company that offers the best value, best network, best service and best innovation as they smile all the way to the bank this Christmas Season!

The Share a SMILE promotion ends on December 21st, 2012 with the final grand prize draw taking place on that day.

by RTC Director

AG Huw Sheppard releases statement on Kevin Bingham

The following release was sent to RTC News by Huw Sheppard, Attorney General of the TCI 

I have been asked to consider exercising my powers under s.100 of the Constitution to bring to an end the criminal proceedings against one Kevin Bingham.  Bingham was arrested on 15 November 2012 when Police acting on information received, executed a search warrant at his home and recovered an AK-47 assault rifle.  He was subsequently charged with the unlawful possession of the firearm.  Bingham appeared before The Hon Mrs Justice Joyner in the Supreme Court on 20 November, when he was remanded in custody until 13 January 2013.

I have examined the available evidence very carefully.  It seems that there is no dispute as to the essential facts, and I repeat them here so that the basis of my decision may be clearly understood.  Kevin Bingham and a friend visited the Hole at Long Bay, Providenciales on Sunday 11 November 2012.  While there, Bingham dived into the Hole to recover a wallet dropped by his friend.  He recovered the wallet and also discovered and recovered a corroded AK-47 assault rifle.

Bingham took the AK-47 home with him, intending to surrender it to the police, but not until he had obtained guidance from his parents, who were away from the Islands at that time.

The Police went to Bingham’s home on 15 November 2012, where he readily admitted possession of the weapon and handed it over to the officers.  He was arrested, subsequently interviewed under caution and charged.

In deciding whether to exercise my power under s.100(2)(c) of the Constitution and bring to an end the proceedings against Kevin Bingham, I apply the standard two-stage test used by the Crown Prosecution Service in England and Wales and by most other prosecutors in the Commonwealth:

   1.  Is there sufficient credible evidence available to be reasonably certain of securing a conviction?  and

   2.  Does the public interest require that this matter be prosecuted?

From the brief details I have already set out, it is apparent that the answer to question 1 is “Yes” and my task is therefore focused on answering the second question.

I take these factors into consideration: the evidence shows this was a chance finding.  The weapon was unusable as a firearm without some attention, but it was clearly an AK-47 and thus a modern weapon rather than an antique.  Kevin Bingham did not conceal his recovery of the weapon at any stage and co-operated with the Police.  Nevertheless, here was a young man who recovered a modern firearm from the sea and who should have realized that this should have been brought to the attention of the police at the earliest opportunity.  There is no evidence to suggest that there was ever any danger to the public at large, that Kevin Bingham retained possession of the AK-47 for any improper purpose nor that he is in any way connected to persons who might wish to put the firearm to unlawful use.

In my view, the evidence shows only that Kevin Bingham displayed a complete failure of judgment, but had no real criminal intention.  The changes to the firearms legislation in 2010 were not intended to inflict draconian punishment for such crassness. It follows that the public interest does not require a prosecution in this case.  I have therefore directed that a nolle prosequi be entered in relation to this matter.

Huw Shepheard LLB, MBA
Attorney General and Director of Public Prosecutions
Turks and Caicos Islands

23 November 2012

by RTC Director