AG agrees CoI Counsel & Solicitors have breached VI laws
During the June 14, 2021, hearing of the CoI, it was revealed that Bilal M. Rawat acting as Counsel and Andrew King, along with Rhea Harrikissoon, acting as Solicitors have been practising law in the territory without being first called to the BVI Bar, in breach of the laws.
CoI Commissioner, Sir Gary R. Hickinbottom then defended the trio, indicating that they did not need to be admitted to practice law in the Virgin Islands in order to carry out their duties; however, he still directed that they take steps to be admitted anyway.
In a July 8, 2021, correspondence to Attorney Michael J. Fay seen by Virgin Islands News Online (VINO) on the matter, AG Smith said with regards to the issue, the law is clear.
Mr Fay had raised concerns about breaches of sections 15(10) 18(1)(a) 18(1)(b) 18(1)(c) of the Legal Profession Act.
Law is clear - AG Smith
According to Smith, while quoting the law, “(1) a barrister or solicitor appointed by the Attorney General under section 13 of the Commissions of Inquiry Act (COIA) should be admitted to practice law in the Virgin Islands,” he said.
Additionally, the Attorney General indicated, "no person should use any name, title or description which implies that he or she is entitled to act as a legal practitioner in the Virgin Islands unless his or her name is registered on the Roll maintained by the Registrar of the High Court under section 10 of the Legal Profession Act.”
AG Smith said she believes that for that reason, Mr Rawat, along with King and Harrikissoon, should be admitted to practice in the Virgin Islands if they are to perform duties as counsel and solicitors to the Commission of Inquiry established on January 19, 2021.
“They have now applied to be so admitted, albeit belatedly,” she said.
The Attorney General said the correspondence has further said that she would not object to the applications when they come on for hearing.
“ I have already informed the Court and counsel for Mr King and Ms Harrikissoon accordingly and will do the same in respect of Mr Rawat," she said.
Further, the AG in correspondence said it was regrettable that the applications for admission were not made and dealt with before the trio commenced worked in the VI.
Matter now before the courts
Meanwhile, in the case brought by House of Assembly Speaker Hon Julian Willock and the Deputy Speaker of the HoA, Hon Neville A. Smith (AL), the two object to applications for the three CoI lawyers being admitted to formally practice in the VI on the basis that the Applicants have been practising law in the Virgin Islands since March 2021, in breach of the Legal Profession Act.
The Speaker and Deputy Speaker also objected on the ground that the three held themselves out to be Barristers and Lawyers despite not having being admitted to practice law in the territory.
The matter has since been adjourned to October 26, 2021, in the High Court by Judge Vicki Ann Ellis.
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30 Responses to “AG agrees CoI Counsel & Solicitors have breached VI laws”
I am glad they will be given such an opputunityin practise
.I would think that the AG the local lawyers and judges will understand that they can’t get in the way of the Commission of Inquiry ordered by the UK. Most of the people of the BVI welcome the COI for years we have been ripped off, when I drive on the roads it makes me sick to know that we can do better but there is no control on spending on things we don’t need now, the roads are dangerous with all the potholes I hit one this morning I was lucky not to break anything, our infrastructure is worse than anywhere in the Caribbean I have been and some of those islands are not in as good a position as we are financially. Yes I think it would be a very good idea if the UK will take us over for 2 years and get things moving in the right direction because as long as the UK doesn’t step in the corruption will carry on.
Turks and Caicos Islands: The move means Britain will take day-to-day control of the island group, a British overseas territory with a population of about 32,000 located in the Atlantic between the southern Bahamas and the north coast of Haiti.
British authorities said the step was needed to restore good governance and sound management in the territory, which has unspoiled beaches and coral reefs and is striving to become a leading offshore financial center the UK stayed for 2 years to put things in order.
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This should have been indicated by the AG from the outset but no one thought this was necessary in the first case because of their instruments of appointment. However , now that all angles of attacks have been tried to discredit the COI, this appears to be the only plausible way to impede the COI processes so this has now become the herring bone.
the same legal assistants - and a report will be submitted. The report will most likely not have nice things to say about us - the current and past two administrations, our politicians and some senior civil servants as well. Apart from
diminishing the character of our beautiful islands we will pay a price -hopefully not very severe- It's all of our own doings; not those of CoI. As it as said "as you make your bed, so you lie in it" or "who the cap fits let him wear it"