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Opinion and Commentary
Commentary: 'Insufficient evidence' to charge former TCI Premier Misick of rape
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| Published on Friday, October 23, 2009 | Email To Friend Print Version
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By Anthony L Hall
On Wednesday, the Attorney General of the Turks and Caicos Islands (TCI), Hon Kurt DeFreitas, issued a press release in which he announced that:
“... there is insufficient evidence to charge [former Premier] Michael Misick with any offense in connection with a complaint of serious sexual assault made against him by an adult female U.S. citizen, following a visit to his residence on March , 27 2008.”
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Anthony L. Hall is a descendant
of the Turks & Caicos Islands,
international lawyer and political
consultant - headquartered in
Washington DC - who publishes
his own weblog, The iPINIONS
Journal, at http://ipjn.com
offering commentaries on
current events from a
Caribbean perspective |
However, on September 1, 2008, I wrote a commentary entitled Woman in threesome with TCI Premier Misick exculpates him of rape, which was published here.
My commentary was based on the signed statement of a woman who witnessed (and participated in) the sex acts that gave rise to this complaint against the Premier. Specifically, this witness (“Vanessa”) claimed not only that all of the acts were consensual but also that the complainant initiated them.
Therefore, I admonished AG DeFreitas as follows:
“I can’t imagine any prosecutor filing charges, let alone obtaining a conviction, against the Premier given Vanessa’s statement. Moreover, it renders waiting for FBI forensic evidence a complete waste of time since any finding would be entirely consistent with consensual sex.
“Which brings me to TCI Attorney General Kurt DeFreitas; because TCIslanders have been waiting anxiously for over five months for him to either charge the Premier or announce that there is insufficient evidence to do so. Moreover, I believe there is not only compelling public interest in putting this matter to rest, but also a categorical imperative to remove the cloud of suspicion hovering over our Premier if prosecuting him has virtually no prospect of success…
“Accordingly, I urge AG DeFreitas to quell the fury of speculation over this rape case by issuing an immediate statement either assuring the public that there is just cause to continue the investigation, or conceding that there is not… [He should] indicate whether Vanessa’s [eyewitness] statement has already been factored into the investigation, or whether it constitutes newly discovered evidence which might finally compel him to dismiss the allegations against the Premier - as I believe justice now demands.”
[Woman in threesome with TCI Premier Misick..., TIJ, September 1, 2008]
Alas, DeFreitas’ failure not only to dismiss this sensational complaint but even to utter a single word about his purportedly ongoing investigation turned this into one of his more incomprehensible and vexing cases of serial nonfeasance.
And, after reading his all too belated press release, in which he comes across like Rip Van Winkle saying this week what he should have said 20 months ago, my incomprehension and vexation only gave way to resigned indignation.
Here, for the record, is a little more of what he finally said:
“The Attorney General has applied the established evidential test... namely whether the evidence as a whole is sufficient to provide a realistic prospect of obtaining a conviction... The evidence included eyewitnesses present when the sexual behavior took place, including that which involved Mr Misick and the complainant.
“The matter was delayed for a lengthy period of time as a result of pursuing forensic testing. The final results and file were referred to eminent, independent U.K. legal counsel who reviewed the evidence and provided a reasoned legal opinion recommending that charges not be brought against Mr Misick.”
(Press release by the Honourable Attorney General Kurt DeFreitas, October 21, 2009)
Along with my fellow TCIslanders, I lament that it’s humbling enough that we must appeal to judges in the UK as the final arbiters of our judicial fate. But it’s a national shame that our Attorney General waited 20 months for a UK lawyer to provide a “reasoned legal opinion” on whether to file charges in this case when any third-rate TCI lawyer could have provided this same opinion in 20 days.
Of course, my abiding concerns about DeFreitas’ professional competence and effectiveness are well documented.
Therefore, I shall suffice to note here how incomprehensible and vexing it is that the British have retained this Attorney General who presided like a deaf, dumb and mute watchdog over the “endemic corruption” that compelled them to suspend our constitution and takeover the governance of our country. Is he a sacred cow…?
Whatever the case, it behooves the British to appreciate that it is far more important for us to have confidence in his ability to manage the administration of justice in the TCI than it is for them to have confidence in his ability to consult in the abstract with authorities in the UK.
But frankly, the time for press releases and explanations from this Attorney General has passed. It’s time now for him to either resign or be removed from office!
Related commentaries:
Woman in threesome with TCI Premier Misick...
No public interest in prosecuting the Premier...? | | | | Reads : 962 | | | |
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