Another court win for Wade N. Smith against Governor, HR Dep't & PSC
He took the Government to court, specifically, the Governor, the Human Resources Director, and the Public Service Commission (PSC), and asked for a Judicial Review (JR).
Mr. Smith was successful and the JR was granted on November 3, 2022. The first hearing of that judicial review was set for January 12, 2023. After his first letter of administrative leave had expired, Mr. Smith received a second letter extending his leave, again, without reason from the Governor and PSC.
Human rights were violated - Smith
Mr. Smith via his attorneys applied for a second JR on the second suspension, the Application for JR was made on the grounds that:
1. The decision did not follow the Government's Human Resource Policy, which requires that public officers be made aware of allegations against them in writing prior to an investigation into a public officer;
2. The Applicant had a legitimate expectation that the Human Resource Policy would be followed;
3. The Service Commission Regulations requires that before a matter is referred to the PSC, that a head of department must be given a written notification from the Deputy Governor. The Applicant received no such notification from the Deputy Governor;
4. The Applicant was not given an opportunity to defend himself prior to being sent on administrative leave, which is contrary to the Constitutional Order 2007, which requires that natural justice be followed. In addition, Commissioner Smith alleges that he ought to have been given notice of the allegations against him and that he be given an opportunity to be heard before any adverse decision is made against him;
5. His administrative leave was deducted from his accumulated leave (vacation), despite the fact that the Human Resource Policy stipulates that administrative leave can only be deducted from accumulated leave/vacation when the public officer has been found guilty of an offence. Mr. Smith was not found guilty of an offence.
6. Finally, the administrative leave decision made by the Governor, PSC, and Director of HR was irrational and disproportionate. Mr. Smith an indigenous Virgin Islander was again successful in the request for the second JR.
Double standards as some get a pass
In the one-man Commission of Inquiry (CoI) report it found no issues with the Customs Department under Mr. Smith’s leadership. Additionally, the Police Force now under Commissioner Mark Collins, has faced scandal after scandal however, has been overlooked by the CoI and the Commissioner of Police has to date, not been sent on administrative leave.
In the Smith case, the court also agreed that a full hearing should go forward on both matters requested for the JR.
Mr. Smith is represented by high-powered attorney Terrence F. Williams of Chase Law & Co, however, Attorney Williams, who resides in Jamaica, could not be reached for comments.
Many residents have claimed that there is a witch-hunt allegedly led by Governor John J. Rankin and the UK police officers to harass prominent residents, destabilize the territory, create chaos, and damage the credibility of high-profile personalities in the VI with little or no evidence.
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47 Responses to “Another court win for Wade N. Smith against Governor, HR Dep't & PSC”
Tax monies still being theft/misused. (grants)
Dope still running with no comment from elected officials.
If you don't have a certain last name don't matter what degree yuh got.
Sad.
First ever in the history of the BVI a U.k appointed governor has been judicial reviewed. When are you going to put a stop to Mark? He destroyed your good name with his reckless tactics.
What are your peers back home going to think?
Did Andrew Fahie also think he was above the law?
I see your post has more dislikes than likes. Exactly.
Is this a plan to destabilize our treasury so we need them?
C.O.P leaves customs out of everything including border security now way more trafficking and rvipf Officer involvement. Strange death of U.K officer with apparent toxicology cover up. Governor a former attorney that understands law and being judicial reviewed. Someone in government or opposition needs to stand up and ask some questions. I bet Carolyn and najan has the same situation. Political leaders stand up for your people!
If every judge's daily decisions received this amount of publicity then the media would not have the time or power to report on the BVI's other politicians!