Former Premier Michael Misick
By Hayden Boyce - Publisher & Editor-in-Chief
Michael Misick, the former Premier of the Turks and Caicos Islands, will not be charged for raping an American woman in March last year.
Attorney General, Kurt DeFreitas announced in a Press release issued late on Wednesday, October 21, 2009, that there is “insufficient evidence to charge 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 said he 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 offence,” the statement from the Attorney General said.
“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.”
The AG’s statement continued: “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.”
When contacted last night, Misick told The SUN in an exclusive interview: “I am certainly delighted that these allegations have been found to be false. I have at all times expressed my innocence and when I addressed the nation I had indicated that after the investigation I would be vindicated. In a very real sense, these allegations have a lot to do with what is now transpiring and is all part of a wider conspiracy to tarnish my name and to bring down my government.”
He added: “It is difficult to celebrate because there is nothing to celebrate. My good name has been tarnished. I went through a year-and-a-half of hell, while waiting for the authorities to confirm what I already knew, which is that no rape occurred. To drag out this matter for a year-and-a-half has hurt me and my family, friends and others close to me very deeply. I am certainly happy that this saga is over. I can now put that behind me and move on with my life.”