Terrence F. Williams
Terrence F. Williams is an attorney-at-Law based in Kingston, Jamaica. He has been in practice since 1990. Mr. Williams has served as the Commissioner of the Independent Commission of Investigations (INDECOM) in Jamaica and as the Director of Public Prosecutions (DPP) in the British Virgin Islands (BVI). Mr. Williams has appeared before the superior courts of Jamaica, the BVI, and Anguilla as well as before the United Kingdom Privy Council in London. Mr. Williams was the course director for Criminal Procedure at the Norman Manley Law School. In 2018 Mr. Williams and INDECOM were the first Caribbean recipients of the "Achievement in Oversight Award" by the National Association for Civilian Oversight of Law Enforcement (NACOLE USA).
Major Cases:
Governor (British Virgin Islands) v Wade Smith; Former Commissioner of Customs Wade Smith emerged victorious in a judicial review case against Senior Magistrate and the Commissioner of Police.
Brian Russell v R; For appellant in the Court of Appeal Jamaica. On delay in criminal appeal and absence of record.
Minister of National Security et al v Everton Douglas et al; For Claimants in the Court of Appeal Jamaica. On unlawful detention under State of Emergency (SOE).
Ray Morgan v R; For appellant at the United Kingdom Privy Council. Successfully argues on delay in criminal appeal and miscarriage of justice.
Satterswaite v Smalling et al; On background evidence and money laundering search warrants.
Andre Chin-Yee v R; For appellant in the Court of Appeal Jamaica. On proper directions in the historic sex case, directions on the treatment of evidence on joint counts, and on risk of contamination of witness testimony.
Evon Jack v R; For appellant in the Court of Appeal Jamaica. On delay in criminal appeals and absence of record.
Commissioner of INDECOM v. Police Federation and others; Lewin v. Albert Diah; Consolidated appeal on the right of the public authority to prosecute. Successfully argued for reversal of Jamaica Court of Appeal’s quashing of conviction on issues of mistake of law.
DPP (Virgin Islands) v. Varlack ; Case now widely referenced (e.g. Phipson on Evidence 17th Ed. 1-34 and 11-72 ) and applied in Caribbean, English and Irish courts of appeal for the proper treatment of circumstantial evidence on a no case submission.
DPP (Virgin Islands) v Penn; Case now relied upon for the treatment of breaches of the law in jury selection; the broader issue of mandatory and directory requirements; and the “de facto” judge principle (e.g. Halsbury’s Laws of England Vol 61A (2018) paragraph 27).
Wheatley and Penn v. Commissioner of Police; That theft could be committed although no loss was actually suffered. Case now relied on in major textbooks for that proposition and on the reception of banker’s book evidence (e.g. Archbold (2011) paragraph 21-35a; Blackstones (2018) paragraph B4.46; and Phipson on Evidence 17th Ed. 32-110).
Hapgood v. Commissioner of Police and another ECCA (Anguilla) delivered 24 June 2020; Succesfully objected to appeal from judicial review. Case explains the exception in a “criminal cause or matter”.
Maduro v R WIR 225 ECCA (BVI); For the Crown, leading Caribbean authority on constructive possession in drug trafficking cases.
INDECOM v. Tabannah and Latchman JMCA Civ 15 (Jamaica); Successful appeal on the grant of leave for judicial review.
R v David Swain; Led prosecution at trial of man convicted for murdering wife whilst scuba diving.
R v IPOC et al; Money laundering prosecution that led to one of the largest confiscation orders in the Commonwealth, US$45 million.
R v Adams et al; At the request of the Jamaican Government prosecuted police officers charged with murdering civilians at Kraal in Clarendon.
R v Neville Lewis et ux (“The Vic Higgs Murder”) (1995). Led prosecution for men convicted of murder of tourism official.
R v Hargitay, Ahmad et al; Led successful defence of a co-defendant in large cocaine importation case.
R v Albertine Barret; (1995). Led prosecution in final trial for Conspiracy to Murder of Carlton Barret, the Wailer’s drummer
Articles.
“Neglect of Duty and Breach of Trust: Ancient offenses in the modern battle against impunity in the public service”: Journal of Money Laundering Control (UK) (2010) Volume 13 Number 4 page 336.
“Banker as Victim: A New Approach to Money Laundering Prosecutions”: Journal of Money Laundering Control (UK) 2009 Volume 12 Issue 1 page 50.
“Misconduct in Public Office”: Mona Law Signature Event 2016, University of the West Indies.
“The Rights of Victims in Criminal Proceedings”: Journal of Law Governance and Society Volume 3 (2018).
“The Eyes have it: Street Cameras, Drones and Police Bodycams – Towards Open Justice?”: Presentation to JAMBAR CLPD Conference (2016).