GRAND TURK, Turks and Caicos Islands – The Turks and Caicos Attorney General, the Hon. Kurt DeFreitas has announced today (Oct. 22nd) that there is insufficient evidence to charge Michael Misick with any offence 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.
In reaching the decision, the Attorney General has carefully considered all the evidence gathered by the Turks and Caicos Islands Police with the assistance of the FBI. The investigation has been thorough and the Attorney General has applied the established evidential test within the Code for Crown Prosecutors, namely whether the evidence as a whole is sufficient to provide a realistic prospect of obtaining a conviction for any offense.
The onus is on the Crown to prove beyond reasonable doubt that the complainant did not consent to sexual activity or that Mr Misick had no reasonable belief that she was consenting. The evidence included eyewitnesses present when sexual behaviour took place, including that which involved Mr Misick and the complainant.
Dr. Michael Misick, former TCI Premier
The complainant’s lack of recollection for a substantial period of that time also impacted adversely upon the prospect of conviction.
The matter was delayed for a lengthy period of time as a result of pursuing forensic testing. The final results and the 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.
