May 26, 2022

Former TCI Premier’s trial starts on December 7

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1-29-2013-2-13-05-PM-9939782From Turks And Caicos Weekly News

The corruption trial of former Premier Michael Misick and several former Government officials has been set to commence this December 7 in the Myrtle Rigby courthouse in Providenciales.

This past week, on Monday and Tuesday, the presiding judge Paul Harrison met with the lawyers to iron out some case management issues.

The defendants are Michael Eugene Misick, Floyd Basil Hall, Mcallister Eugene Hanchell, Lillian Boyce, Jeffrey Christoval Hall, Clayton Stanfield Greene, Thomas Chalmers (‘Chal’’) Misick, Lisa Michelle Hall, Melbourne Arthur Wilson And Earlson Robinson.

Lawyers for the defence and from the Special Investigations Prosecution Team (SIPT) will meet on December 7 for training on how to access trial documents on iPad devices during the duration of the trial and for the electronic presentation of evidence.

The trial is expected to last some six months.

The trial will be the Turks and Caicos Islands’ first electronic case and is it is expected that approximately 36 volumes of legal arch files will be used.

The former Premier’s specialty arguments will also be heard at that time.

Following that argument, the court will then hear and determine the issues raised by the prosecution in relation to the gateway to proof of certain matters set out in the proposed admissions document and supporting schedule.

Following the resolution of that issue the Crown will proceed to open the case until December 18.

The court will resume sitting on the January 18, 2016 when the Crown will conclude the opening (if it is not concluded in December) and thereafter the evidence will be called.

The evidence to be called in the first part of the case is to be that evidence which is likely to be the least controversial thereby allowing those defence counsel who have only recently been instructed to further read into the case.

However, there are still two pending appeals for the former Premier which his lawyers have confirmed to this publication, which will be filed soon.

The charges
Floyd Hall, McAllister Hanchell, Jeffrey Christoval Hall, Clayton Greene, Thomas Misick and Lisa Hall, are alleged to have conspired together and with others to receive bribes between August 1, 2003 and August 31, 2009 to enable Michael Misick, Floyd Hall, Hanchell and Jeffrey Hall to accept inducements by unlawful corrupt payments or other rewards while they were serving as ministers of Government.

In another count, Floyd Hall, McAlliser Hanchell, Jeffrey Hall, Lillian Boyce, Clayton Greene and Thomas Misick were charged with conspiring between August 1, 2003, and August 31, 2009, together with Michael Misick and others to defraud the Government and/or the Belongers of the Turks and Caicos Islands whilst they – with the exception of Greene – were ministers of the Crown by acting in a way that was contrary to the economic interests of the said Government and/or Belongers in respect to Crown land.
In this count the Crown alleges that contrary to the Crown Lands Policy, they agreed that Crown lands be sold to particular Belongers at a value or in circumstances that were disadvantageous to the TCI Government and Belongers.

The Crown also accuses the six of agreeing that particular Belongers become owners of Crown land at a value disadvantageous to the TCIG knowing that said land was not owned by the particular Belongers on terms consistent with the relevant and prevailing Crown Land Policy.

In the same charge, the six are further accused of agreeing to the sale of Crown land at an undervalue thereby reducing the revenue to be obtained from the sale including the stamp duty.

The Crown further alleges that they agreed that planning permissions and/or development rights would be granted to prospective developers on terms and conditions adverse to the interests of the TCIG and Belongers.

Another count names Floyd and Jeffrey Hall, Lillian Boyce, Samuel Been and Melbourne Arthur.

They are accused of conspiring together between January 1, 2004, and June 30, 2006, with Michael Misick and other persons to defraud the TCIG by arranging the transfer of Crown land at North West Point on terms that were contrary to the economic interests of the Crown.

A similar count of conspiracy to defraud has been laid against Clayton Greene.
That charge alleges that between January 1, 2004, and July 31, 2008, he conspired with Michael Misick and other persons to defraud the TCIG by arranging the transfer of Crown Land at Juniper Point on terms that were contrary to the economic interests of the Crown.

Yet another count of conspiracy to defraud has been laid against Floyd Hall and Thomas Misick.

The Crown alleges that between January 1, 2006, and August 31, 2009, they conspired with Michael Misick to defraud the TCIG by arranging the lease of a gulfstream jet on the basis that this was for the benefit the Government when in fact it was intended that the jet would be for the personal use of Michael Misick.

A final count of conspiracy to defraud names Floyd and Jeffrey Hall, McAllister Hanchell, Lillian Boyce and Thomas Misick.

They are charged with conspiring with Michael Misick and others between July 1, 2002, and August 31, 2009, to defraud the Progressive National Party (PNP) and its members.
In this charge the five are accused of seeking and procuring donations in the name of and for the benefit of the political movement when in fact and truth the donations were applied for their own personal benefit.

Alternatively or in addition to that accusation, the Crown alleges that they received and used the donations procured for a purpose which was not for the benefit of the political party.

Money laundering charges
Meanwhile, a charge of conspiracy to disguise the proceeds of crime was slapped on Floyd and Jeffrey Hall, McAllister Hanchell, Lillian Boyce and Thomas Misick.

In this charge they are alleged to have conspired together with Michael Misick and others between August 1, 2003, and August 31, 2009, to disguise the proceeds of crime namely: payments to the PNP purported to be political donations but which were in fact and in truth bribes paid into the PNP account for their own benefit with a view to avoid the making or enforcement of a confiscation order or avoiding prosecution for unlawful conduct contrary to the provisions of the Proceeds of Crime Ordinance 1998.

Additionally, Clayton Greene and Floyd Hall are jointly charged with conspiracy to conceal or transfer the proceeds of criminal conduct between February 20, 2006 and August 31, 2009.

The Crown alleges that the duo conspired together and with Michael Misick and others to conceal or transfer the proceeds of criminal conduct knowing it to represent the proceeds of criminal conduct by the former Premier.

Clayton Greene is charged separately with two other offences – acquiring the proceeds of criminal conduct and entering into or becoming concerned in a money laundering arrangement.

In the first charge Greene is accused of acquiring $20,000 knowing or suspecting it to be the proceeds of criminal conduct of an arrangement to defraud the TCIG on or about April 24, 2006.

The other charge states that the former PNP leader on or about May 19, 2006, entered into or became otherwise concerned in an arrangement whereby he facilitated the retention or control of $1 million – which was the proceeds of another person’s criminal conduct – by or on behalf of that person, knowing or suspecting that the other person was engaged in criminal conduct or had benefited from criminal conduct.

In another count, Greene and Thomas Misick are separately charged with acquiring the proceeds of criminal conduct.

The details of that charges state that Greene and Misick, on or about March 17, 2008, acquired $12,500 knowing or suspecting that it was the proceeds of criminal conduct of an arrangement to defraud the TCIG.

Thomas Misick is further accused of conspiring with his brother Michael Misick and others between August 1, 2003 and August 31, 2009 to conceal or transfer criminal proceeds knowing it to be the proceeds of Michael Misick’s criminal conduct with a view to avoiding the making or enforcement of a confiscation order or avoiding prosecution.

A charge of converting or transferring the proceeds of criminal conduct was laid against Floyd Hall.

It reads: Between February 5 and 16, 2006, he converted or transferred property which he knew or had reasonable grounds to suspect represented his proceeds of criminal conduct namely, the total sum of $375,000 received from Richard Padgett and others for credit for Paradigm Limited for the purpose of avoiding prosecution or the enforcement of a confiscation order.

Meanwhile, Jeffrey Hall is charged along with Melbourne Wilson with converting or transferring property between May 22, 2006 and June 30, 2006, which they knew or reasonably suspected represented their proceeds of criminal conduct namely $1.8 million for the purpose of avoiding prosecution and the enforcement of a confiscation order.
Lillian Boyce is charged with acquiring $1 million knowing or suspecting it was the proceeds of criminal conduct of an arrangement to defraud the TCIG, on or about May 19, 2006.

She is also charged with entering into or becoming concerned with an arrangement whereby the retention or control by or on behalf of Michael Misick, the proceeds of Misick’s criminal conduct.

The charge said she facilitated him knowing or suspecting that he was engaged in criminal behaviour.

Lisa Hall is also charged with a similar offence. The Crown alleges that Hall, between March 1, 2004, and November 8, 2011, she converted or transferred $425,000 knowing or reasonably suspecting it to represent the proceeds of criminal conduct of Floyd Hall for the purpose of assisting him to avoid prosecution or to avoid the enforcement of a confiscation order.

She is also accused of using $50,000 knowing or suspecting that it represented the proceeds of criminal conduct of Floyd Hall for the purpose of purchasing, in both their names, a parcel of land 10103/61 on Grand Turk between April 1 and May 31, 2006.
Earlson Robinson is charged with acquiring $1 million, knowing or suspecting it to be the proceeds of criminal conduct, namely an agreement to defraud the Government on or about May 15, 2006.

Quinton Hall is similarly charged with receiving the same amount of money on or about the same day as Robinson, for the same purpose.

Floyd Hall is further charged with conspiracy to pervert the course of justice between January 1, 2008 and August 2009.

The charge against him is that he and Richard Padgett along with other people conspired to pervert the course of public justice knowing that a judicial public inquiry was announced into possible corruption or other serious dishonesty in relation to past and present elected member of the TCI legislature in recent years.

It added that they agreed on a course of conduct that would have led to the presentation of false or forged documents to the commission designed to mislead it into believing that payments made for a corrupt or dishonest purpose were in fact for honest means.

For more on this story go to: http://tcweeklynews.com/trial-starts-on-december-p6556-149.htm

IMAGE: suntci.com

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