Another Police Officer sues COP David Morris!
One of the things Commissioner David Morris will be remembered for is the number of his own police officers bringing legal action against him for the alleged violation of their rights.
Mr. Morris, who was confirmed in the top post this year, despite the availability of other qualified local and regional officers, now has another lawsuit on his hands - this time from a 12 year police veteran of the RVIPF.
Information obtained by this news site shows that Police Constable (PC) Nicholas Tranquille has filed a notice of application in the case of Nicholas Tranquille vs Police Commissioner with the Eastern Caribbean Supreme Court/High Court of Justice in the Virgin Islands Jurisdiction.
The case against David Morris
PC Tranquille reportedly filed an affidavit of wrongful reversal in rank against the Police boss, David Morris, after Mr. Tranquille allegedly received a letter in October, 2013 from the Human Resources Manager of the RVIPF dated September 2013, informing him that he was reverted from the rank of Acting Sergeant back to his substantive rank of Constable.
The Police Officer, with over 12 years of policing experience under his belt, had been an Instructor/Lecturer and Acting Sergeant, at the Regional Police Training Center [training-school] in Barbados, of which the Virgin Islands (VI) is a member of that learning Institution.
It is believed that Mr. Tranquille did very well in training many VI and regional Police Recruits, but after 2 years at Training School on his return to the VI, it is alleged that that top cop Morris instructed that he be reverted without an explanation, forcing Officer Tranquille to resort to the courts for remedy.
The law
The Virgin Islands Constitution declares that the power to appoint officers in the police force, and to remove and to exercise disciplinary control over persons holding or Acting in such offices shall vest with the Governor, acting in accordance with the Police Service Commission.
It remains unclear if the decision to return officer Tranquille to his substantive post of Constable followed the procedure set out in the laws.
According to research by this news site Police Officer Tranquille was not disciplined for anything and reportedly received high professional praises from the Barbados based police training school for his lecturing ability.
It is believed that Commissioner Morris was reportedly served on December 23, 2013 with the civil suit against him now before the High Court.
This news site attempted to reach Police Commissioner Morris to verify the report however, we were told that he is on two weeks vacation. It is believed that Officer Tranquille has an overseas Attorney to fight his case in the Virgin Islands courts.
List of legal actions against Morris & Governor
Since his appointment to the post from his days of Acting Police Commissioner, there have been three other cases and the threat of others against the Police Commissioner for the alleged violation of rights by Police Officers. This news site has not listed other court cases pending by ordinary citizens against the police force, including those before Mr. Morris took office.
It was reported that one police officer may have abandoned a case against Mr. Morris for an alleged unlawful arrest.
The United Kingdom appointed Governor William B. McCleary has also been the subject of many legal actions brought against him by civil servants for an alleged laundry list of rights violations including unfair dismissal. Many regard him as having no respect and regard for law and order and not adhering to the VI constitution.
Well over a year ago, Governor McCleary allegedly illegally fired a Permanent Secretary (PS) with the backing and support of the National Democratic Party (NDP) Government, and to date no reason was given to the PS for the termination.
The officer was sent on leave two years ago when a tabloid article claimed that he had hired a worker for his group of companies without a work permit. The Labour Department later discredited the newspaper article and placed their concerns in writing when it said the officer had all his work permits in order. In addition, the Public Service Commission (PSC) ruled unanimously that the officer be returned to work and in his post.
However, the officer was subsequently sacked.
The matter is now before the courts with the officer having won the first round, in the High Court. However, the government has appealed the case.
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75 Responses to “Another Police Officer sues COP David Morris!”
Here you have a police officer,recognized by the administrators of the force as-educated,intelligent and may be ambitious.
Out of 200 officers,he was chosen to be an instructor-lecturer-educator at a learning institutions for recruits[police constables].
Based on principle,to be an instructor at the training school,the officer must be a rank over the recruits,therefore is promoted to act.
For 2 years he is at the school working his brains and physics,training young constables,getting them ready to face the challenges of policing on the front line.
For 2 years,officer Tranquille did welL as an instructor and may have trained dozens of bvi police recruits.From all indication,he became more experience and obviously older in age and knowledge.
He return to the bvi to continue being a police officer,to work among the same recruits[constables] he trained to be police officer. What are you saying?
The recruits must now address their former instructor as police constable too?
The practice to promote officers to act [for convenience] of driver to the Governor and instructor at training,then demotion,is Constitutionally wrong!
You cannot subject our bvi/caribbean officers to HARD LABOUR at governor's office as drivers and at training school in barbados,and after the HARD LABOR; no appointment?
The case of P.C Israel Sargeant vs C.O.P Reynell Frazer in the years 2009/2000 went down in the High Court,as a turning-point,where the provisions of section 97 of the V.I Constitution came into question.
Having read the case in its entirety as written and documented;the Judge-Justice Olivetti,highlighted the provisions of section 97 of the V.I Constitution.
Accordingly,[If you do NOT have power to appoint,then so be; you also do NOT have power to Demote and Revert.
Therefore,in the case of Nicholas Tranquille vs David Morris,and according to section 97 of the V.I Constitution [Precedent case-law] C.O.P David Morris and the H.R of the Police Force,do NOT have Constitutional power under section 97 of the Constitution to Revert the officer.
Instead of Cursing the officer for his [Legal,lawful & Constitutional actions] in a legal Court of law; let the C.O.P & the H.R go to Court,and swear under Oath,that they have power to Revert officers""JUST LIKE THAT!"". [2 years of hard labor at training,but the reward is REVERT? Absolute none-sense!!
Let us read the law in the v.i constitution that will be read in court by the Queen's Counsel-appointed attorney-at-law who will be representing educated,intelligent-ambitious P.C Nicholas Tranquille [read the V.I Constitution again---
Section 97 (1) states:-
[""Power to make appointments to offices in the police force and to REMOVE and to exercise disciplinary control over persons holding or ACTING in such offices SHALL vest with the GOVERNOR,acting in accordance with the ADVICE of the Police Service Commission,but the Governor,acting in his discretion,may act otherwise than in accordance with that advice if he determines that compliance with that ADVICE, would PREJUDICE her MAJESTY's SERVICE""]
The C.O.P & H.R have NO CONSTITUTIONAL-Authority under section 97(1) of the V.I Constitution[ABOVE] ,to CIRCUMVENT to processes OF APPOINTMENT AND REVERSION; Guaranteed to police officers,by HER MAJESTY-THE QUEEN!! They MUST obey BVI Law!!
i agree with the writer who is enlightening me on the law in the constitution.a lecturer at a training school looks like a high post to me,but the end reward is no appointment or may be even continue to act for another 6 months. ofcourse it is hard labor.tek dat
tek dat.cheeze,that hav to be de blogger with the law books hiding,tek dat.
look de case coming to light on how dis legal civil case going to come out in de court,tek dat. is man like dis officer we want to be police in the bvi tek dat; a man who not afraid to challenge a decision of the c.o.p tek dat. 2yrs acting sgt in hot sun in barbados is equal to hard labar tek dat, so i want mr tranquille to sue dem deep inside dem ... tek dat, tell de HR go ress she self,she do hav power in de force to appoint,promote,revert tek dat & tek dat; yu say yu doh hav use for tranquille in de hot sun in bados no more so is revert,but tranco say no no ah fighting ah yu with ah yu insult,tek dat, morris doh hav no respect for bvi Cun stee tuu tian so let him tek dat . i might be black,tek dat! tek dat! and tek dat!
Or is it that you deemed yourself above the other PC and now find yourself biting the same bone that they are biting!!!!!
In my experience, length of service does not equate to experience and qualifications. There are many within the Police Service who simply do not improve, develop and progress, and in fact some even go backwards.
Now, if you were acting in the capacity on a probationary level to determine whether you were suitable for the post and the senior officer found you not fit for the position, you can revert to your substantive post, which again is your official post.
Tell us, VINO, how many of these guys was successful in law? I would think that NONE of them have been successful. I'll also guess that, for all their bleating, these guys dont understand their own conditions of service well enough hence they crying about unfair treatment; but theres plenty of lawyers prepared to take their money for futile litigation! Who is the bigger fool here, I wonder?
Why? Because too many people coming here kicking up for status they can't even get whe deh come from and den suing my government for nonsense (which cripples my ability from getting my due increments).
Read Brer raggy comment and see exactly why we have a problem with expats. Hit is right on the head. Bad enough, our own people doing it, but when expats do it, it kills me because I can't go in nobody else country and do that.
Will the next cop who is rotated on this assignment also expected to be appointed to the post too?
There seems to be an issue with Expats, however they hold key positions in the BVI and provide vital services because you guys are not capable of doing the jobs yourselves, left to your own BVI will be as messed up as your minds.
May the new year bring you enlightenment and all that your foolishness deserve.
And the question here is,[Does the Commissioner of Police has the Constitutional Authority under the V.I Constitution,to Promote,Appoint,Demote or Revert in rank, officers of Her Majesty's Police Force?]
Yes,it is true,like all other persons in this sinful world of DEATH,officer Tranquille has made many friends and has also made many enemies,both in the force and outside the force,and there will be mixed comments[some will be personal] but clearly,this is a question of Constitutional Authority:
NO need to be VEX at the officer:
So let us all read the section in the V.I Constitution,which Her Majesty-The Queen declared to the Governor and Her Citizens and Residents of HER B.V.I.
[Section 97 of the V.I Constitution-Power to appoint,etc,to offices in the BVI POLICE FORCE]
Section 97 states:-
[""(1) Power to make appointments to offices in the police force and to REMOVE and to exercise DISCIPLINARY control over persons holding or ACTING in such offices shall vest in the GOVERNOR,acting in accordance with the ADVICE of the POLICE SERVICE COMMISSION; but the GOVERNOR,acting in his own discretion may act otherwise than with that advice if he or she determines that compliance with that advice would PREJUDICE Her Majesty's Service""]
Case Reference as recorded in the files of the Eastern Caribbean Supreme Court/BVI High Court:
In 2009,then P.C [Acting Sergeant] Israel Sergeant who was acting sergeant,as the Governor's Orderly,had been removed from the Governor's office and transfered to operational duties at Roadtown Station:
Then C.O.P Reynell Frazer reverted Mr.Sargeant back to his substantive rank of Constable:
Rightfully,Mr.Sargeant filed a similar application in the High Court Justice:
The Judge,justice Olivetti ruled,that the C.O.P at the time [Mr.Frazer] had NO Constitutional Authority under section 97 of the V.I Constitution to appoint,promote or revert Police Officers!
That Power,the Judge Ruled,is VESTED in the Governor,acting in accordance with the ADVICE of the Police Service Commission,under section 97 (1) of the V.I Constitutiton:
We all like to talk about Constitutional RIGHTS.But this is a serious Constitutiona Matter.
VINO did NOT report that officer Tranquille turned to Hatred and Violence:He turn to the LAW!!
The news reported that the officer [Filed a notice of application,in the Eastern Caribbean Supreme Court/High Court of Justice,BVI Jurisdiction! He sought REDRESS in a COURT-OF-LAW!
That's all the officer did:How can we redicule people for Legal and Lawful ACTIONS in a Democratic Society?
I thought the Free and Democratic citizens and residents of Her Majesty's BVI,would welcome such Constitutional Motion,in the name of Democracy and Freedom!
To officer Tranquille:You have committed NO offence,against Her Majesty's Peace or against Her Majesty's Citizens and Residents.Therefore,you have nothing to be ashamed of:Let the High Court of Justice decide,whether the C.O.P acted Invalidly or Validly,under section 97 of the V.I Constitution:The same V.I Constitution,which was bestowed upon the BVI People,by Her Majesty-The Queen of Buckingham Palace.
Good luck officer;I wish you well in your career as a excellent Lecturer,during your tenure at the Training School and now,as you endeavor in your career,as an educated police officer,serving Her Majesty,and the good citizens of the BVI.
Let us all pray for all the officers of the force:May the good Lord continue to protect you-officer Tranquille, and to protect the Commissioner of Police,and to protect other serving members of Her Majesty's Prestigious BVI Police Force.
training school? so training school is not work?Training recruits is not police work???? i want to know Tek Dat.
Left right, left right,up and down in hot sun,on parade square, in classroom teaching children how to be good poe-liss but no promotion for instructor Tek Dat,As you come bak bvi no rewaaard tek dat?SOOODEMASSSS.
Slavery daize is dunn tek dat. I with p.c Tranquille set de precedence of stopping training school and govornoor house slavery tek dat.
All dem bloggs against pc tranquille iz from police administration who want to have police as slaves tek dat.
why ah yu doh bring uk police to be driver slave for de govoornoor and to be in barbadoz training school left right left right in hot sun on parade square tek dat. come blogg blogg in de court,come to court and bloggggg
Sue dhem AA$$AA$$ pc tranquille, Sue dem @@AA$$$, dem slavory mastar morris mccleary,Sue dem @@AAA$$$. come wit de one sided bloggg.chk de blogggs from one set ah ppl HR,HR,HR,HR,HR
oh yeah for true,, de case of Israel Sergeant against Fraser is a dam case law,in de high court,,sooo dem @@@AAA$$ . we with you..tranquille--soooooo dem @a$@@!!! tek dat tek dat tek dat
Wow! Wonder which is worst, the sword of subjugation, colonialism and oppression or its its historically misinformed and or hopelesslly brainwashed enablers?
[""At the Court at Buckingham Palace,the 13th day of June 2007, present,The Queen's Most Excellent Majesty in Council.Her Majesty,in exercise of the power conferred upon Her by section 5 and 7 of the West Indies Act 1962(a) and of all other powers enabling Her to do so,is pleased,by and with the advice of Her Privy Council,to order,and it is ordered,as follows""].
Then,Her Majesty-The Queen,declared the V.I Constitution,to the people of the Virgin Islands.
All the talk we talking,about this country BVI belongs to us; we are dead wrong!
The BVI belongs to Her Majesty-The Queen, and there are classes of persons[Belongs,Citizens] under chapter 2 interpretation 2(2) of the V.I Constitution,who are deemed to belong to the V.I.
The BVI is not an Independent Territory; it is a [British Colony-British Overseas Territory] still under British Colonization-rule, but with its own V.I Constitution,to replace the former supreme law,of the British Nationality Act.
We must face the reality of our "SOVEREIGNTY",that is why,there is a Governor from the UK,sent by Her Majesty,to represent Her Majesty's Interest in the BVI.
The BVI belongs to Her Majesty-The Queen! And She is the person who DECLARED the V.I Constitution,as defined in Chapter 10,on page 4 of the said V.I Constitution.
Go and read it for yourself,and don't be misinformed and don't be brainwashed.
I always take pride in reading a very important part of the V.I Constitution,which shows the true pride of the FREE people of the Virgin Islands:
And the second paragraph on page 5,[V.I Constitution] in the statement from Buckingham Palace,is a clear indication,that the FREE people of the Virgin Islands,requested from Her Majesty-The Queen,their Constitution. And Her Majesty,after Advice from Privy Council, granted it to the people of the Virgin islands:
The mission statement-paragraph (2)
[""Acknowledging that the society of the Virgin Islands is based upon certain moral,spiritual and democratic values including a belief in God,the dignity of the human person,the freedom of the individual and RESPECT for "fundamental rights and freedoms" and the rule of law""]
The Rule of Law?
It is a rule of BVI law under section 97 of the V.I Constitution,that the persons empowered with the Authority to appoint,demote,revert and discipline police officers, are:-
1.The Governor
2.The police service commission,as adviser to the Governor: [IS NOT THE C.O.P to revert!]
The Rule of Law?
P.C Israel Sargeant vs C.O.P Reynell Frazer- 2009/2010: Judicial Review:
High Court Documentation shows that P.C Sargeant(now Inspector) was appointed to Act,as a designated driver (orderly) at Government House,to drive the Governor all over the BVI:
I read that after 2-3 or more years of Exploitation,driving/washing jeep and being a messenger(orderly) for the Governor,the officer was transferred back to RTPS, and shortly thereafter,C.O.P Frazar REVERTED him back to Constable!
BVI Rule of law-Case law-High court of justice:
It is now a [Case-Law] a PRECEDENT in the High Court of Justice-Eastern Caribbean SUPREME court,that the Commissioner of police has NO Constitutional Authority to revert police officers! Case-Closed:
Oh I see?
You all [C.O.Ps] would Identify Intelligent Caribbean Police Officers,serving Her Majesty's Police force,to be Lecturer/EDUCATOR/Trainer/Mentor at TRAINING SCHOOL, for young BVI Recruits; and After 2-years of Acting,on the officers return to BVI,You feel,you don't need his GOOD-service anymore, so you can just REVERT him?? Why not an assignment to continue training in the force? hmmmmmm?
Let's go back to the V.I Constitution!
What about?
1.The Democratic Values of the officer?
2.The The Dignity of all persons-including police officers?
3.The freedom of the Individual to seek justice in a court of law?
4.The RESPECT for Fundamental Rights and freedoms of the individual,and
5.The RULE OF BVI LAW?
The ABUSE must stop! AND STOP NOW!!!
It has been a past ABUSE,before,and NOW to USE our black Caribbean officers [In BVI police force] to be vehicular-driver for the Governor for many years and send others to Training school,but after years of hard work,the Practice is-REVERSION? [You allow them to become older in the force,as ACTORS,with NO reward?
If other police officers who were victims of such ABUSE,didn't know their RIGHTS to seek REDRESS in the High Court,under the V.I Constitution; like P.C Sargeant and P.C Tranquille,
TOO BAD FOR YOU! But Law is Law and Law is for ALL!!
Prayers for P.C Tranquille.
Dear P.C Tranquille,you are an EDUCATED and Qualified Lecturer/EDUCATOR: I have called on Spiritual persons IN THE NEW YEAR, to Pray for you,as you seek Justice in Free and Democratic BVI,in a Court of Law,Legally established under the BVI Justice System!
you want us to accept that going to training school is like going on a vacation,but is not true,the officer at training school remain a member of the force working in the name of the force;because others accepted your revertion and demotion,those in the past were fools to accept such level of treatment.
i am happy that the law of a previous case in the high court have come to light.go for it pc tranquille,as the blogger wrote,you didnt commit a crime against the people of the bvi;if you want to excell for your hard work at trainingschool,this is very ambitious of you.you have a justified case,because while at the school you were working for the bvi police force training recruits for the bvi.look who is sergeants today;why can't you be a sgt to?
Section 36(2) states:-
[""The GOVERNOR may order the dismissal or discharge from the force or as the case may be REDUCTION IN RANK of any subordinate police officer or member of the force of lower rank who has been CONVICTED of a criminal offence or FOUND GUILTY of a breach of a disciplinary regulation made under this Act unless such person has successfully appealed against the conviction or the finding of his guilt""].
Two (2) years while acting in a rank,officer Tranquille did very well. He didnt commit a criminal offence or a disciplinary offence, but you civilian staff, Human Resources Manager and the C.O.P come revert/Reduce in rank?
The law say, is the GOVERNOR to reduce in rank! How the H.R and C.O.P get to reduce in rank,a police officer,who has a clean record of performance,while acting in a position? You lawless people!!
We say,the law will prevail!!!!!
the commissioner believe dat we in the bvi dont know law,him tink we stupeedy tek dat , look de law telling us how who why to demote and revert, but HR and cop want to be de govornot tek dat,, is queen counsel lawyer coming for dis big case sue dem... tek dat,, go and read de cunsteetuutian and de poliss act then come back to blogg on de law tek dat,, i suspect is the legal blogger telling again about de law tek dat,, HR & c.o.p tek dat, tek dat ....
this look like a come from behind attack.i read a blogg with 52 likes.very unusual hmmmmm
i now reading about all kind of law in tortola that can favor the officer in court when the time come for the case.
is like a rat running to win the race.i have to take my chances to bet on the officer who sue morris.
court is about law and how lawyers and judge understand law.we come here and blogg all day but law is law
1. The commissioner do not know the duty of all officers in the force
2. The department or section heads knows his team
3. The department or section heads makes the recommendation of ranks award.
4. If in case of discipline action it is left the Commissioner or his Assistant to review the nature of the conduct and either demote the officer or deprive him of a rank or stripe.
Here in the BVI I notice several officers’ takes the habit of pursuing law sues against their superior. This is not a common practice and shows a great sign of friction, grudge or lack of leadership… which one comes first!
MY advice for the BVI force:
1. Junior or senior officers must accept changes be it in your favour or not.
2. Senior officers must go to leadership training annually
3. Senior officers must not treat their juniors as though they are not needed. All officers has a roll
4. Junior officers needed to respect their superiors at all times and address them as Sir or the name of their rank.
I also believe if this continues there will be an increase in crimes, lack of team work, and lack of discipline. If the commissioner cannot conduct himself rightfully ask the Queen to replace him. Remember no team mean no work.