Are residents’ phones being tapped? Is VI now a Police state?
Many residents in the Virgin Islands strongly believe their phones are being bugged by the police.
The law to bug/tap residents phone
Even without the passage of the Authorisation of Surveillance Devices Act, 2013, which is held up in the House of Assembly in the committee stage, the Crown has the power to intercept residents’ phone calls.
The law on the books now gives the Governor the power to intercept residents’ phone calls as the Telecommunications Act of 2006, section 90 states;
“The Governor may make written requests and issue orders to operators of telecommunications networks and providers of telecommunications services requiring them, at their expense, to intercept communications for law enforcement purposes or provide any user information or otherwise in aid of his authority”.
Public not trusting Governor and Ag. Police Commissioner
A prominent local defense attorney told this news site that in more developed democracies the police will have to convince a magistrate or a judge that there are compelling evidence for national security purposes to tap someone’s phone. However, he said, “in the BVI anything goes knowing the power of the governor and how it has been used in the past…there is much mistrust of this Governor and Ag. Police Commissioner when coming to our rights and privacy,” he said with a smile.
The Attorney said, “I have been in court on more than one occasion and saw some evidence presented by the Crown and that type of evidence could have not been obtained without the interception of telephone calls.”
The current United Kingdom appointed Governor is William B. McCleary and the Acting Police Commissioner is David Morris.
A call was made to Mr. Morris for his comments on whether residents' phones were being tapped, however, he told this news site that he was in the United Kingdom on vacation and could not give an official comment.
Ag. Deputy Commissioner of Police Alwin James when reached by this news site claimed that he is not aware of Virgin Islands’ residents being suspicious that their phones may be tapped/bugged by police authorities.
Mr. James noted, however, that "The Telecommunications Act makes provisions for the intercept of communication in the Virgin Islands." Asked if the Royal Virgin Islands Police Force has been making use of the opportunity provided by such legislation to intercept communication, Mr. James said he would prefer “not to make any comment on that.”
Legislators reaction
The Leader of the Opposition and Ninth District Representative, the Honourable Ralph T. O’Neal OBE, already declared in Parliament on May 14, 2013 his belief that his telephone is bugged, but he is “not too worried about it”. He was at the time debating a new Bill to give the Police more powers to conduct surveillance via cameras. The Bill is yet to be passed.
The Fifth District Representative, Honourable Deloris Christopher, told Virgin Islands News Online when asked whether she believed phones are being bugged, "I don't know about that, but here is my philosophy: If you tune in to hear what I have to say, you will hear exactly what you tune in to hear....”
Another legislator Honourable Julian Fraser RA, who represents the Third District, when asked about the bugging suspicion controversy, said he is aware of such concerns as persons have expressed them to him.
Another member of the House of Assembly, who wished for his named not to be used, said “everybody knows this is going on as persons have heard many noises in their phones especially cellular but you will never get the police to admit it else it defeats the purposes…”
The man on the street reacts
Popular radio personality from the Morning Ride Show on ZROD 103.7, Paul Gadiethz Peart said he has been hearing a lot of talk recently about people suspecting that their phones may be tapped.
"Only today at the Poker Run some women were talking about that. They were saying that they feel their phones may be open to other people listening to their conversations."
Julian Willock, the former esteemed Permanent Secretary in the Ministry of Communications and Works, when asked about the phone tapping matter said “when I was sent on leave in 2010 many persons including police officers and senior civil servants warned me not to use my government issued cellular as it was tapped, however, I continued to use it, because I was confident that no one with any leaks called me.”
Mr Willock told this news site that it got interesting when the news site he founded was breaking a lot of news from Cabinet and from the Public Service Commission. “I had many calls, including from Police Officers, to be careful with my phone.” However, Mr. Willock said because he never wrote a story for the news site, he continued using his government issued cellular device.
Bishop John I. Cline when asked whether he had suspicions about his phone being tapped, said "I would hope not….but I would hope that it's not something that's happening to anybody." When asked if he would support phone tapping, he said "No of course not! People's privacy needs to be respected and guarded by law, absolutely," the Religious Leader told this news site.
Greg A. Callwood, a Jost van Dyke (JVD) businessman and President of the newly formed JVDAction Committee, said "I hear a lot of people talking, saying their phones are tapped." However, he didn’t care whether his phone was tapped, but believes that “it's an invasion on people's privacy.""I hear a lot of police officers tell me for sure that all the phones are tapped….”
Other persons called randomly either were not aware or felt strongly that their phones were tapped.
Two persons, both chose to remain anonymous, said they had reasons to believe their phones may be tapped. "Sometimes when I make a call I can clearly hear noises like someone on the other end even before the person I trying to reach answers," one person said.
There are also unconfirmed reports that some police officers themselves have been the target of alleged phone tapping. One police officer told this news site that “we ourselves are victims of this.”
There is no confirmation if Government has the equipment to tap phones; however, the same police officer claimed that the equipment is located at a police outpost at Road Reef. The police source also alleged that there are other bugging devices used and some have even been “placed on boats”, but he provided no further details or evidence.
Both the Governor and Premier Dr. the Honourable D. Orlando Smith, who sits on the National Security Council, could not be reached for comments as of post time.
The VI Constitution Order of 2007 includes, for the first time, a chapter setting out the fundamental rights and freedoms of the individual and provisions for their enforcement.
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67 Responses to “Are residents’ phones being tapped? Is VI now a Police state?”
you all are up to no good, with the worlds of saying your doing good.
like really?
Gov.... we know that you bugging our phones but you heard enough now from the NDP so why you ain't looking into all their wrong doings. Is it that you only look into wrong once it is not the NDP? It seems so to the average man.
Who needs to tap phones when the a--holes are all over facebook and instagram with their business? hahaahhahhahahahah!!! Phones? Try computers, which is what the new phones are anyway, they're palm held computers not 'phones' in its initial term. All those whatsapps and fb messages are all over servers, all over the world. Anybody with the right knowledge can intercept your messages. The RVIPF don't need to tap your 'phone' to know your business. Stop chat so damn much and u will be fine, simple. Everybody life story on some social media then they shocked when business on the street. down to their breakfast they taking a picture of, movie ticket, plane ticket, everywhere they go is a pic. Tap phone? haha..that's so 90's
WIRE TAPPING IN THE UNITED KINGDOM ITS ILLEGAL. YOU KNOW WHO I AM, YOU ARE WATCHING ME, BUT WHO ARE WATCHING YOU. IS THIS DEMOCRACY?
Frank Savage was the best governor I've seen. This one here look like he is a cr**k with power.
Aw tell ya. Modern technology has brought us to this point and it's going to have to be the way of the mafia to lead us out of it....
...Meetings as it used to be on row boats to an island somewhere yonder...YUP, yup.
I've always said it now technology has now proven that it's the only way to go for effective and truly private communication, bar none!
People, you talking about the Government tapping your phone, surely you know that L**E listens in randomly on telephone conversations, its part of their security procedures. So question is, who else is listening in?
are perverts. If BVI government (not the mention the British and American government entities) are
listening in to communications in the BVI from/to locals or outsiders - that is plain disgusting and perverted!
If a girl or boy is asked out on a date, it's none of the gov's business!!! Sounds like something a British
comedian would do on stage for laughs.