Former premier cleared of sexual assault charges

A sexual assault case against former premier Michael Misick of the Turks and Caicos islands has been discontinued due to a lack of evidence, Attorney General Kurt DeFreitas said Thursday, according to a report on www.cananews.net.



Investigators had been examining the claims made by an American woman following a visit to the then premier’s resident on March 27, 2008.



DeFreitas said the decision to discontinue the proceedings was made after a thorough investigation during which he carefully considered all the evidence gathered by the Turks and Caicos Islands Police with the assistance of the United States Federal Bureau of Investigations (FBI).



Investigators failed to establish “whether the evidence as a whole is sufficient to provide a realistic prospect of obtaining a conviction for any offence,” 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 complainant’s lack of recollection for a substantial period of that time also impacted adversely upon the prospect of conviction,” DeFreitas said.



The matter was delayed for a lengthy period of time to allow forensic testing to be done.



“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,” the Attorney General said.