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Commissioner silences Smith-Penn for questioning independence of CoI

-Complaints Commissioner Erica R. Smith-Penn told to 'write concerns' after questioning impartiality of inquiry
At a CoI public hearing of Thursday, June 1, 2021, Complaints Commissioner, Ms Erica R. Smith-Penn who is a lawyer, had accused Commissioner Sir Gary R. Hickinbottom of ‘impropriety’ while she raised concerns about ‘the independence and impartiality of the CoI.’ Photo: GIS/File
While raising her concerns, Complaints Commissioner, Ms Erica R. Smith-Penn was often interrupted with ‘cross talking’ in an attempt to shut her up by both the now controversial Sir GAry R. Hicknbottom along with a CoI Counsel Mr. Bilal Rawat. Photo: CoI/Youtube
While raising her concerns, Complaints Commissioner, Ms Erica R. Smith-Penn was often interrupted with ‘cross talking’ in an attempt to shut her up by both the now controversial Sir GAry R. Hicknbottom along with a CoI Counsel Mr. Bilal Rawat. Photo: CoI/Youtube
From the start, many saw the Inquiry as revenge move by the failed controversial Ex-Governor, Mr. Augustus J. U. Jaspert. Photo: VINO/File
From the start, many saw the Inquiry as revenge move by the failed controversial Ex-Governor, Mr. Augustus J. U. Jaspert. Photo: VINO/File
Many prominent voices have also echoed these concerns raised by the Complaints Commissioner including House of Assembly (HoA) Speaker, Hon Julian Willock, Premier and Minister of Finance, Hon Andrew A. Fahie (R1). Photo: VINO/File
Many prominent voices have also echoed these concerns raised by the Complaints Commissioner including House of Assembly (HoA) Speaker, Hon Julian Willock, Premier and Minister of Finance, Hon Andrew A. Fahie (R1). Photo: VINO/File
ROAD TOWN, Tortola, VI - As the UK-sponsored one-man Commission of Inquiry (CoI) continues in the Virgin Islands (VI), more and more residents, the media, and public officials are indicating that they are losing confidence in the integrity of the process.

From the start, many saw the Inquiry as a revenge move by the failed controversial Ex-Governor, Mr. Augustus J. U. Jaspert.

The embattled Jaspert, who was stopped at every turn from breaking the laws of the Virgin Islands (VI) and violating the constitution, was also labeled a ‘racist’ after he sparked public outrage over comments he made that relics of slavery should be maintained in the VI.

Mr. Jaspert had also angered the territory by refusing to apologise for comments he made that descendants of slaves in the VI should not expect any reparations for brutal acts of slavery as a current policy of the monarchy he represented.

CoI has no integrity?

At a CoI public hearing of Thursday, June 1, 2021, Complaints Commissioner, Ms Erica R. Smith-Penn, who is a lawyer, had accused Commissioner Sir Gary R. Hickinbottom of ‘impropriety’ while she raised concerns about ‘the independence and impartiality of the CoI.’

Many prominent voices have also echoed these concerns including House of Assembly (HoA) Speaker, Hon Julian Willock, Premier and Minister of Finance, Hon Andrew A. Fahie (R1) and Legal Counsel representing Members of the HoA.

While raising her concerns, Smith-Penn was often interrupted with ‘cross talking’ in an attempt to shut her up by both the now controversial Sir Hickinbottom and CoI Counsel Mr. Bilal Rawat.

Throughout the inquiry, Rawat had warned against cross-talking so the records could be clear, however, he violated his own recommendations by blatantly cross-talking during the hearing, as both he and the Commissioner moved to silence the concerns of Smith-Penn at the live hearings and off the records.

Governor & Commissioner arrived on same flight – Smith-Penn

Despite the interruptions, the territory’s Complaints Commissioner stood firm and also noted that when Sir Hickinbottom first arrived in the VI, it was “on the same flight as the former Governor, Augustus Jaspert.”

Another attempt was made to shut down Mrs. Smith-Penn, but she made it clear that she intends to raise her concerns with the Governor and the Deputy Governor since she felt the concerns were of “critical national importance”.

One-man show in Town; sexist white men?

At the time, both Hickinbottom and Rawat turned red and it again demonstrated the one-sided process with the Commissioner telling Mrs. Smith-Penn whatever she had was to be placed in writing to him for him to decide if to accept it.

The Complaints Commissioner professionally told Mr. Hickinbottom that writing to the CoI would not “give the fairness that is required”.

However, Mr. Hickinbottom replied, “I am the master of these proceedings and it is my job to make any determination on fairness.”

The back and forth continued with both Mr Hickinbottom and Rawat trying to make technical arguments to further silence Mrs. Smith-Penn, a move now seen as sexist behaviour by both men against a sister of the soil.

Smith-Penn hurried out of room

When Mrs. Smith-Penn again indicated that she wanted to put something else on the record, the Commissioner in an almost bullying manner told Ms Smith-Penn that she could not do so unless whatever she had to say would be helpful to the CoI and was not a legal submission.

The Complaints Commissioner insisted yet again that she felt the instructions of writing to the CoI would not “give the fairness that is required”, however, she was soon expedited out the room when Rawat indicated that another interview was scheduled at 2:00 pm.

Also appearing before the one-man CoI on July 1, 2021, was former Complaints Commissioner Sheila N. Brathwaite. 

28 Responses to “Commissioner silences Smith-Penn for questioning independence of CoI”

  • black women (03/07/2021, 17:21) Like (19) Dislike (37) Reply
    I saw it happy some one stood p to those racist
    • Edmond says (03/07/2021, 23:02) Like (6) Dislike (13) Reply
      I am concerned at how thin skinned the Commissioner is. He bristles at any criticism - whether it is his website's inaccurate statement about who is a data controller, whether his lawyers are practising in breach of the criminal law, or about his fairness or independence.
  • forward ever (03/07/2021, 17:29) Like (21) Dislike (16) Reply
    this whole commission of inquiry was in the pipeline for sometime because the commission of inquiry is focused on a particular agenda which is very orchestrated like the matter have been rehearsal before coming to the british overseas territory
    • cgb (03/07/2021, 18:40) Like (8) Dislike (2) Reply
      This particular hearing was a break from the script
    • sbsb (03/07/2021, 19:24) Like (48) Dislike (12) Reply
      remember the VIP asked for a CoI when they were in opposition accusing NDP of corruption, so they got what they wanted.
  • SANFORD & SON (03/07/2021, 18:34) Like (9) Dislike (5) Reply
    YOU ALL SHOULD BE IN HOLLYWOOD
  • Youth (03/07/2021, 20:41) Like (5) Dislike (26) Reply
    The COI is modern slavery. They already determined the outcome with or without evidence.
  • When black skin rasist people stop their propaganda against the CoI? (03/07/2021, 21:52) Like (6) Dislike (8) Reply
    Evil does not have particular color. Evil is the degraded staye of the mind. All rasist people think of themselves better than others are. It a worldwide problem. It is time to stop being ognorant, and speaking foolishly.
    • @ when black skin racist … (04/07/2021, 06:09) Like (5) Dislike (15) Reply
      Blacks cannot be racist so wheel and come again
      • ReX FeRal (05/07/2021, 07:11) Like (4) Dislike (1) Reply
        Blacks cannot be racist? You need to go siddung in dung. Foolish comment.
  • Hmm (03/07/2021, 22:02) Like (6) Dislike (16) Reply
    Helpful to the COI?

    Isn’t an inquiry supposed to delve into good and bad but they only focus on the negative. It is extremely biased.

    “ However, Mr. Hickinbottom replied, “I am the master of these proceedings and it is my job to make any determination on fairness.”

    Riiight and the people cheer for this.

    I stand corrected it is EXXXTREMELY biased.

    This is a violation of our democracy.

    We voted for this change of party and we can’t get the voted on laws ascented or have our representatives doing their job as their busy covering their butts while the COI searches for poo

    They had all the time in the world for a COI for years when planes were missing and now choose to do it when we get a strong political party leading government.

    A local government that makes no joke about advancing the people of the VI.

    Rather than the previous weak government that pretended to be high society and helped only the high class & UK agenda to advance.

    The VI people have voted and here we are. But it’s obvious the UK can’t stand for us to have the strong government the people voted for.

    Good governance from the UK seems to be a joke. Respect the democratic process.

    This COI is a disgrace with which it seems they wish to ultimately disrespect our democratic rights as voters, with no mechanism to bolster them. Voter fraud is not an issue in the VI.

    We vote and they are in for four years stop wasting the voters time.
  • josiah'sbay (03/07/2021, 22:31) Like (3) Dislike (13) Reply
    How can you expect an independent COI when all of it functionaries are from or under the control of the UK? While we are on the road to self-determination any issues between us and the UK that deals with colonization issues should be oversee by The UN or an international body that deals with the subject matter. An independent observer that can render an opinion on the proceedings can be a valuable asset.
    • You’re right (04/07/2021, 16:15) Like (0) Dislike (0) Reply
      You’re so right. All of the functionaries, including the Government’s attorneys, Withers!
  • child (03/07/2021, 22:34) Like (5) Dislike (16) Reply
    The coi must go hickinbottom is a bully
  • With reason (03/07/2021, 23:30) Like (7) Dislike (10) Reply
    If they wanted to demonstrate fairness and transparency the COI should have consist of three judges from different jurisdictions to conduct the inquiry not one master as he so boldly stated. I also agree that this was planned and the behavior of government in particularly the NDP time after they signed protocols and openly violated them all. I WILL ALWAYS MAINTAIN THAT THE BIGGEST PROBLEM WITH THE CIVIL SERVICE ARE THE CROOKED MIDDLE AND UPPER MANAGEMENT WHO STEAL AND ABUSE THEIR POSITION. MINISTERS COME AND GO AND THE MONEY STILL MISSING.
  • Complain Commissioner naah (04/07/2021, 05:15) Like (21) Dislike (1) Reply
    Mrs Brathwaite outshine her by far, Mrs Brathwaite came across more genuine, more honext, More like the complain commissioner we need....
  • asking for a friend (04/07/2021, 06:12) Like (8) Dislike (12) Reply
    Why are people not marching against the racist mob trying to take over the bvi
  • coi (04/07/2021, 08:48) Like (12) Dislike (2) Reply
    Some of the people not fully aware of what the purpose of the COI and there role when entering to be a witness..you enter to answer questions your not in the room to debate..but that is why he told to submit your submission..he ask the question you answer..if your answer doesn't correspond with his questions he has the right to determine that...your submission will give the Commissioner more details on his ongoing investigation..
  • Rubber Duck (04/07/2021, 09:52) Like (6) Dislike (24) Reply
    Erica and Willock made us very proud I was very happy to be a Virgin Islander
  • Over barring (04/07/2021, 11:48) Like (7) Dislike (0) Reply
    Well if you can't police yourself then someone else will, then you will be wondering and arguing about why you been police and why you are been questioned about how you when about your policing duties, those who preach truth to others must also live by it also
  • @ OVER BARRING (04/07/2021, 21:11) Like (0) Dislike (0) Reply
    YEAH THAT WAS RIGHTLY PUT / BUT THEY THINK THEY ARE UNTOUCHABLE , SO THEY WON'T GET THE MESSAGE
  • ZE LADY (04/07/2021, 21:18) Like (0) Dislike (0) Reply
    IZ A PLAYER } HOLLYWOOD INDA HOUSE LIVE AND DIRECT
  • Dirk Smooth (05/07/2021, 07:12) Like (1) Dislike (1) Reply
    Hidden bottom and his settler mentality on display in the Virgin Islands.
  • You forgot you already got reparations (06/07/2021, 03:12) Like (1) Dislike (0) Reply
    What reparations you are looking for? When many families were left plantation estates and whole islands. The reason why y'all got no land is because you sell off your birth rights for azz money and got nothing to your name now. The reason why my generation don't have any land is because of greed everybody wants all and nobody gets none. Vast amount of land tie up doing nothing because our forefathers didn't leave a will to say who gets what. The people who are championing reparations are the same families who got their reparations and used their power in the past to con you out your land. Y'all need to ask your family for reparations.
  • UK trying to takeOva (06/07/2021, 14:58) Like (0) Dislike (0) Reply

    Some of you people must want to be in Slavery, e@#$$g idiots, Stand and fight with your own or be enslaved and controlled even more by the UK, by some of these comments and dislikes, it looks like some of you c**ts wanna be Enslaved and controlled, some of you are Extremely Dumb and senseless.

  • Concerned (09/07/2021, 08:43) Like (1) Dislike (0) Reply
    Finally the corrupt are getting a lesson long needed. Praises to the COI for standing firm. If politicians and prominent people had always handled things as they were elected/asked to do, then the COI would not be here and many rich would be poor and many poor much better off. The rip off was in and many are caught with a hand in the cookie jar.


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