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News : International : Caribbean News : Turks & Caicos Islands Last Updated: Feb 13, 2017 - 1:45:37 AM


Judge Imposes Reporting Restrictions on Turks And Caicos Islands Media in Case Against Prominent Attorneys
By Hayden Boyce, Editor, The Sun News, Turks and Caicos
Jun 10, 2014 - 11:46:15 AM

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TURKS & CAICOS SUN - A High Court Judge in the Turks and Caicos Islands has imposed some serious and unusual restrictions on how the local media can report on a case involving two prominent lawyers.

On Monday June 9th, Sir James Bruce Robertson, a New Zealand Judge who was brought in specially to hear the case, ruled that the Turks and Caicos Islands media cannot even report the charges against 57-year-old Timothy Patrick O’Sullivan of the law firm Miller, Simons, O'Sullivan and 52-year-old Gordon William Kerr of the law firm Misick and Stanbrook.

According to the court order, the media can only print "the identity of the parties, the name of the judge and of counsel representing the parties and the date of any future hearings".

The court order stated: "If you disobey this order you may be found guilty of contempt of court and may be sent to prison, be fined or, in the case of a corporate entity, have your assets sequestrated."

The document added: "The interest of justice require that there is no publication of facts and matters that might result in a real prejudice to the public interest, particularly fair trial rights."

Publisher and Editor-in-Chief of the Turks and Caicos SUN newspaper Hayden Boyce said he was astounded by the judge's order, adding that he was very concerned about its implications for press freedom in the Turks and Caicos Islands.

"I've been practising journalism all of my adult life and I can't think of any case in which the media was ever barred from at least reporting the charges against individuals, no matter how serious those charges are," Boyce said. "This court order is completely beyond ordinary comprehension and it really makes you wonder about freedom of the press in the Turks and Caicos Islands."

British lawyers from the Helen Garlick-led Special Investigation and Prosecution Team (SIPT) are prosecuting O'Sullivan and Kerr, and they are separately prosecuting a number of other high-profile lawyers and former politicians on allegations of corruption.

Boyce said it is highly ironic that in the other high-profile cases involving the former politicians and lawyers, there have been no restrictions on reporting their charges.

The SUN publisher added: "The SIPT has a website that lists the names of a number of individuals, their charges and the background to those charges. The SIPT and the Governor's office have routinely sent out press releases to local, regional and international media houses listing charges against those said individuals. What is so different about this particular case?"

Boyce added: "Much care and caution must be taken to ensure that the impression does not go forth that there is apartheid in the judicial system of the Turks and Caicos Islands."

Boyce said he will be making an application to the Supreme Court to vary or discharge the court order.

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