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Police have no apologies for arrest of Bobby's Supermarket owner- CoP Matthews
The Commissioner made the comments on the May 8, 2020 episode of ‘Honestly Speaking’, where he also said ranks of the Royal Virgin Islands Police Force (RVIPF) should not have to issue an apology over the handling of the incident since they were only doing their job.
Leonard arrested after warning – CoP Matthews
On April 24, 2020, Virgin Islands News Online (VINO) reported that Mr Leonard was taken into custody on that same day it was alleged he was serving persons not in possession of Essential Workers Passes, against curfew regulations.
According to sources, an individual had entered the store to purchase some bananas when a police officer in the store advised against the purchase.
Mr Leonard then intervened, allegedly allowing the purchase of the bananas on the premise that 'everyone has to eat during the curfew,' to which he was arrested amidst outcry from the community over the incident.
Echoing the cries of the community, co-founder of the B&F Medical Centre, businessman and CBN 90.9 FM radio commentator, Alred C. Frett had remarked in a May 5, 2020, commentary published on VINO that Leonard was "punished for feeding the hungry.”
The public was also outraged that a team of heavily armed police officers was summoned to make the arrest.
According to the Commissioner; however, the law is the law, “People are entitled to their views on this and I understand that there is emotion involved, and the individual concerned is clearly a popular, well-known member of our community.”
“But what you need to understand is the context here… there is more than one potential prosecution here,” CoP Matthews revealed.
Warnings issued before - CoP Matthews
“There was a previous incident at that location, involving the same person, some weeks previously during the first curfew and on that occasion, the individual [Mr Leonard] and 5 customers were reported for breach of curfew,” he said, noting that the arrest was not the first breach.
Mr Matthews said on the day of the actual arrest, the police had attended in the morning and had warned Mr Leonard about selling to persons other than those authorised by the government, such as those listed as essential workers.
“We are an arm of the state, we act on government instruction and government legislation. What we can never have is a situation where somebody refuses point blank to adhere to the laws of the Territory.”
Mr Matthews questioned that if people are ‘let off’ for being decent persons and good community members, "Where do we go from there?"
He said it is irrelevant what Mr Leonard was selling, as advance warnings were given and the law was still broken, “the police officers are really left with very little options but to enforce the law of the Territory.”
As such, according to the Top Cop, the arrest was made in accordance with the law in effect at the time.
RVIPF had no responsibility to police supermarket doors - Mr Matthews
The Commissioner also said that while police officers were stationed at supermarkets to maintain some order, they were not responsible to ensure that only essential workers were entering supermarkets, that was the job of the store.
'They [supermarkets] should be asking... can you give me some kind of identification to say that you are entitled to shop today, and that's what a lot of the shops did do," he said.
Mr Matthews also noted that if the force got it wrong with the arrest as decided by the courts, he will be the first to personally apologise to Mr Leonard over the incident.
"At the moment, from what I've seen of the paperwork and what has gone forward to the DPP, the officers have complied with laws in terms of their powers and there was suspicion that there were breaches of the law there," he said.
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38 Responses to “Police have no apologies for arrest of Bobby's Supermarket owner- CoP Matthews”
People w**** supremacy is coming close to a end. Check out the NFAC black movements in america. We going international.
The government barred thousands of citizens in their homes for a month while telling them to prepared for two weeks with no remorse for the suffering of the people. Elton understood that what was happening was injust and immoral so he did the best he could and serve people.
The fat politicians and fat police officers were sitting on their behinds doing minimal work while others were starving. Our fat politicians gave us headaches by playing on our fears and wasting our time, keeping us at night to listen to a word salad of nothing instead of just waiting until the morning to give their useless reports. And the best the fat police could do is taser unarmed citizens, including a mentally ill man but if the police didn't film the incidents then who did? No citizens have been arrested for violating the curfew to film the police.
First we get locked in our homes for nonsense though most of us have committed no crime. To hell with the starvation and job loss this lock down has caused. Now we have citizens being arrested for the crimes of other citizens. Crimes that are only crimes because of the passing of rushed and poorly thought out laws that were arbitrarily enforced. What will our government do next?
The way things are going, we might as well be renamed The Virgin Islands of North Korea.
As Rex says above, how about focusing on some real crime Mick instead of persecuting a store owner for selling a couple of bananas.
Section 4
4. Where a curfew is imposed under section 3 (1), no person shall be on the
streets between such hours as may be specified in the Order except under the
authority of a written permit granted by the Governor as may be specified in the
Order.
Section 7
7. (1) Subject to subsection (2), a person who contravenes section 4 commits
an offence and is liable on summary conviction to a fine not exceeding $1,000
dollars or to imprisonment for a term not exceeding 3 months or both.
Where is the offence that Elton allegedly committed? Where does it say he has to enforce section 4 by checking who does and does not have permission to be out? The offence here was committed by the person who was out without a pass and that is the only offence provided for by the legislation.
You cannot just make up offences. They need to be contained in the primary legislation.
Sorry, where does it say this in the law Mick? So the police not responsible for enforcing curfew law but Elton is?
Thanks for your prompt update mr commissioner on the Leonard matter; let the people know what is going on with the polish man that violated the curfew I think the said man was involved in an accident in Sea cows bay while out of lockdown going to buy water/ we all know the n***r was tased by your Depatment while he intended to buy water, so we await an update about the violator from Poland: crime is crime and someone’s complexion should not grant such a person an exemption going before the justice system
its lawful or unlawful
that's how the criminal justice is set up. lawful or unlawful, in a court of law.
Whites uniting black fighting. After he done gave the w**** bosses at that super market all our tax payers money for high rent they now harraassing and embarraassing the b**** local business man.. To those insecure BVIslanders that cant stand xpats.. Caribbean people is not your problem..
..
Curfew Act, 2017( No..20 of 2017)
Imposition of a Curfew (No.9) Order 2020
Gazetted 22nd April, 2020.
Section 1(1) This Order may be cited as the imposition of a Curfew (No.9) Order,2020.
Subsection (2) This Order shall come into force on the 22nd day of April,2020.
Question:
What was the intention of Parliament when they created the curfew (No. 9) Order,2020?
The intention of Parliament of Curfew (No. 9) Order,2020 is found in section 2 of the said Order..
Section 2(1) For the purpose of controlling, suppressing or preventing the spread of Covid-19 and for the protection of all persons within the Territory a twenty four hours daily Curfew is hereby imposed from the date and time this Order comes into force until 6.00am on Sunday the 26th of April 2020.
Who gives Me. Elton Leonard permission to opened his business?
The Statutory authority pursuant to section 3 of the Curfew (No.9) Order,2020 guaranteed him such privilege.
Section (3) Notwithstanding subsection (1)(a), for the purpose of enabling certain essential workers in Schedule 2 to obtain supplies,the following supermarkets on Tortola and Virgin Gorda shall be opened exclusively for the purpose between the hours of 8.00am and 7.00pm on 22nd,23rd and 24th April,2020.
What is the duties of Mr. Leonard as it pertains to the Curfew Order? Does the law gives Me. Leonard the authority to question persons entering his supermarket to ascertain if they are essential workers?
Where is it written in the Curfew Order 2020 that if Mr. Leonard sell any items or goods from his supermarket that he committed a criminal offence?
I say that Mr. Leonard arrest was unlawful and his Constitution rights were breached. I wish that our newly appointed DPP will be guided by her Constitutional authority pursuant to section 59 subsection 4 of the Virgin Island Constitution Order 2007 and apply such in this case. Mr. Leonard you have been guaranteed pursuant to section 31 of the Virgin Island Constitution Order 2007.
When they made their laws they took what was commonly known to be right and wrong and put together a common law system.
This commissioner is out of touch & out of place. If you can give a warning twice you can give it three four five times.
What law was Mr. Leonard arrested under? The no serving starving people without a pass law?
'There shall be civil disobedience if Elton Leonard is PERSECUTED for this 'offence' which is not an act of the parliament,made pursuant to section 71 of the Constitution.
There shall be civil disobedience,in a civil and democratic society,andwe the people shall take our protest and disobedience all the way to Her Majesty,in council at the privy council.
Section 21 of the police act,cap 165 laws of the bvi, provides for, in section 21 subsection (c) for the COP to summon before a magistrate and to prosecute-persons found committing any offence in the BVI.
Section 59 of the Virgin islands Constitution Order 2007,provides for the DPP to institute and undertake criminal proceedings against any person before any court--and to take over or discontinue etc,,,
But 'we the people,ask for the sake of justice 'what was the legal and lawful justification to arrest,and detain Mr,leonard in the first place?'Then,you are not sure whats the next move?or whats the offence?
If you had evidence that Mr. leonard,committed a criminal offence under the law of the bvi,which gave you the lawful authority to arrest and detain,and suspend his fundamental rightsand freedoms to liberty,under section 15 of the Constitution,then utilize your authority,under section 21(c) of the police act,and prosecute him yourself.
By sending a summary matter to the DPP,to decide for you,is an indication that you are not familiar with our bvi laws,and for that,i call on we the people for civil disobedience.
Respect the authority of the police under the police act, and respect the offices of authority,but rise up in civil,democratic and discipline manner,in the name of justice for Elton Leonard.
Civil disobedience.
I am sure if he had spoken to the officer in a respectful manner,the officer would have given the man a bligh but I guess it's the pomposity with which he approached the matter which ticked off the police officer. Indiscipline and lawlessness all around and then we wonder why the scooter riders behave the way they behave.
a home there. It is too dangerous. If this is a manifestation of British law, based on England, then maybe the
UK itself should be off limits to anyone else. After first hand experience, being wooed and impressed by what I
saw, I can say that the BVI should be quarantined to protect everyone else, and all American tender should be
removed. You folks can reform your government if you wish, but you have a hell of a local problem. I think you
are right about keeping 'white people' out of your affairs, but you need to post a 'no trespassing' sign before
someone is hurt and gets real real angry. Thank you for showing your true colors.