Complicity of a Judge in the toppling of the Government of the Turks and Caicos islands

If one dig deeper, one can deduce that Sir Robin was chosen by the British FCO to lead the charge against Michael Misick administration because of his radical views on how a State should handle an accuse person. Sir Robin is no stranger to bizarre conclusions and it is no secret that he took significant criticism from his peers and members of the UK bar when he conclude in his report of the Reform of Criminal court that juryless trials should be the norm in certain cases.

A Judge with such a controversial back ground should not have been the sole appointee to run the commission of inquiry in the Turks and Caicos Islands unless the persons running the inquiry wanted a particular result. When one compares what Sir Robin has recommended in the Turks and Caicos Islands with his pass work on the Criminal Courts Report a notable distain for the working of the judiciary is noted and not surprisingly in line with his thinking Sir Robin has gone further in the TCI commission report by recommending the suspension of jury trial as a right to those accused of wrong doing in the Turks and Caicos Islands. If his recommendation is accepted it would be a matter for the trial judge to decide who in the TCI gets a jury trial and who does not.

This development is particularly interesting when viewed in the context of another of Sir Robins recommendation in the form of amendment to the TCI constitution in the form of TCI constitution interim Order 2009. On a cursory review of this document one quickly learn that there are no separation of powers with the current system of government in the TCI being recommended by Sir Robin. The Governor is the ultimate power, he can hand pick his executive branch without as much as a single town hall meeting to see whether the residence of the TCI and in particulars TCI Belongers agreed with his choice. He can select and appoint his legislative Branch using the same process; The governor alone select the members of the Judicial Board who is responsible for the appointment of Judges in the Turks and Caicos islands and there you see the Judicial Branch of government becomes suspect. It gets better, the governor alone is responsible for the hiring of the Attorney General and his legal staff in addition to that he alone is responsible for the all branches of the TCI police force and the TCI prison system. On analysis of the areas highlighted above anyone with the slightest inkling of fairness, justice and human rights for all persons; must view this state of affair as very similar to the autocratic rule that exist in North Korea.

For example; lets say someone a Belonger or a resident of the TCI, irritates the Governor without breaking the law; the governor can in the course of his duties as governor seriously curtail that person human rights without being wrong under this system of governance. he can demand police investigation, demand the Attorney General bring Criminal Charges (as is the case of some member of the police force at the moment). he can fix it so that Judges favorable to his agenda hear such case ( the recent Michael Misick in the UK was a prime example of judge rigging)so he can get the results he desire. I have reviewed the FCO web site and they seem to make a big deal about, Human Rights and Democracy and the lack thereof; Ironically I see no mention of the Human rights abuses and the lack of democracy perpetrated by the British against the TCI; that is expected however as double speak seem to be the norm in the dying years of this labor Government.