Both Commissioner & AG agreed CoI lawyers needed to be called to BVI Bar!’- Speaker
Hon Willock spoke on the issue during the Monday, November 15, 2021, edition of the Umoja Show hosted by Cromwell Smith aka Ed Ju Enka on ZBVI 780 AM and noted that after breaking the law, for four to five months, the three lawyers attached to the Virgin Islands Commission of Inquiry (CoI) then tried to "get themselves sorted.”
Lawyers were told by Commissioner to seek admission to Bar
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, had been practising law in the territory without first being called to the BVI Bar, in breach of the Legal Professions Act of 2015.
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.
Hon Willock said that on these grounds, he and Deputy Speaker Hon Neville A. Smith (AL) filed an objection to the lawyers' application to be called to the Bar.
“You have already broken the law for four, five months,” the Speaker said while underscoring that it should not be easy for the three to break the law and then apply to be called for the Bar.
Hon Willock said that in the hearing of the objection to the application, the CoI's lawyers were arguing on whether the Speaker and his Deputy had standing in the matter.
Judge ruled that Speaker had standing in official capacity
Hon Willock said High Court Judge Vicky Ann Ellis ruled that the Speaker and his Deputy had standing, given they were participants in the CoI, and a date was set for the case, which was on October 26, 2021.
Despite the looming case on the matter; however, Hon Willock said the CoI still continued in September 2021, and as such, an injunction was filed to stop the three from practising since the matter was still before the courts.
“At no time, were we trying to stop the CoI,” Hon Willock related while noting that the injunction was just to block the three CoI lawyers from practising; however, the CoI had the option to get new lawyers.
Hon Willock related that while the Attorney General, Hon Dawn J. Smith, agreed that the three CoI lawyers were breaking VI's laws, she was somehow unwilling to object to the application of the three based on the request of Judge [Ag] Mr Adrian Jack.
“We Spoke to the Attorney General, she could not give us permission, because she already stated in writing that she is not objecting, so all we did was withdraw the case,” Hon Willock said.
All cases filed in official capacity as Speaker
Hon Willock said in all the cases, everything was filed in his official capacity as Speaker of the House.
He noted; however, that Judge Jack somehow ruled that because he could not get the permission of the AG, he had to pay the cost of the case as a private citizen, although the cases were filed in his official capacity as Speaker.
Hon Willock further said that those who are arguing that the three lawyers did not need to be called to the Bar must also remember that the Commissioner, Sir Hickenbottom, and the Attorney General had established that the three should be called to the bar.
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29 Responses to “Both Commissioner & AG agreed CoI lawyers needed to be called to BVI Bar!’- Speaker”
If a person holding a legal qualification and works in another capacity, or visits the island, is going to be required to apply to the bar in the VI, just so that they can be a clerk, a consultant, a plumber or a visitor, that would be beyond ridiculous. This has all along been based on a false premise. When it goes to court and they are prosecuting, defending or operating within the role of Counsel or a Solicitor that then they will need to be admitted. We are all hoping that is why they now applied.
What a sad state of affairs.
; we need to knight Mr Willock
Do we lead with our feet or do we le lead with our brain, which one? The B in BVI means British. How then can BVI laws even think and argue to exclude the UK from their ruling position over VI Laws?
Which of the two is more powerful? Is it the one that is ruled over or the one that rule over?
Simple common sense. We live in a real world, not a fantasy world people.