Cindy R. Rosan-Jones in a war of words with Virgin Islands Legislators, Hon Carvin Malone has accusing him and the government of amongst other things, corruption & breaching the constitution over an HoA Motion that paves the way to conduct business with the government. Photo: VINO/File/Facebook

First announced in the Order Paper of the Fifth Sitting of the First Session of the Fourth House of Assembly (HoA) of the Virgin Islands (VI), Premier and Minister of Finance Hon Andrew A. Fahie at the Thursday July 25, 2019, House sitting move motions to protect two of his legislators from having to vacate their elected seats. Photo: VINO/File

The exchange occurred on the social network site, Facebook on July 25, 2019. Photo: Facebook

One resident, Jamal S. Smith in disagreeing with Rosan-Jones on the matter said the Constitution provides a disclosure obligation on the member, and once it has been disclosed, it is for the House of Assembly to decide whether or not to exempt the member from the obligation to vacate his or her seat. Photo: Facebook

It was declared that Hons Neville A. Smith (AL) and Carvin Malone (AL), two At-Large Representatives under the Virgin Islands Party (VIP) administration, will receive government contracts even as they are sitting legislators serving as Directors of connected companies.

The motion for Hon Malone was also to grant a 4-year waiver, allowing the Minister’s business, to conduct business with the government, without having to return to the HoA for more approvals.

Premier Fahie had noted that his government intended to be transparent, and as such, under the Virgin Islands Constitution Order, 2007, he moved to comply with an order that legislators seeking business activity with the government must disclose it to the house, else run the risk of having to vacate their elected seats. 

‘Cindy’ launches an attack

However, in a July 25, 2019, social media post, vocal resident and social commentator, Rosemary R. Rosan-Jones aka 'Cindy' moved to lash out against not just the Premier, but the two legislators, accusing them of amongst other things, corruption and breaching the constitution.

“The Hon Premier, Andrew A. Fahie, spoke unending of such conflicts and corruption when he was on the Opposition and not even six (6) months into a new Government where he is the head, is he conducting the EXACT same business,” ‘Cindy’ said in the Facebook post.

Rosan-Jones, with the support of several of her followers continued, “A matter of fact, I’d say it’s worst. Behind the PR smokescreen of ‘Doing the people’s work’, the new Government is behaving unscrupulous. It is really sad to watch. Virgin Islanders, you MUST pay attention.”

She pointed out that such motions should never be allowed to pass in the HOA, “This action is a breach of our constitution and moves against good governance and needs to be shut down.”

Malone Fires Back

In a surprising turn of events, Minister for Health and Social Development, Hon Malone in firing back directly at Rosan-Jones, charged, “Mrs CRJ -- Your bias never ceases to amaze me! Hon Smith and I have chosen to abide by the Constitution and now this. Meanwhile, you have sat for years and witnessed GROSS violation of the same Constitution and have said nothing.”

Pointing out that he is both a Director of Caribbean Basin Enterprises (BVI) Limited and Island Block Corporation, Limited, the Minister revealed that both companies have conducted business with the Government of the Virgin Islands for years.

“Maintenance of the Cromaglass Sewerage Treatment System at the HM Prison which has now been placed under the Ministry of Health and Welfare and the rental of commercial spaces to DMV; Registry of Courts; Cabinet Office; Attorney General Office and other departments,” he said were some of the services already offered by his businesses.

According to Hon Malone, “The Resolution [4-year waiver] seeks to avoid having to return to the house each time that these are renewed. These contracts were also disclosed, as required by law before the date of elections,” he said. 

Cindy in firing back said, "Hon Malone! Bias? I think you know better. My mouth helped your Government to be elected."

Claiming that she has spoken out for years, the vocal resident then accused the Minister of trying to distract from the conversation.

"If your company wishes to bid on a contract, then that should be brought to the HOA on each occasion. An open waiver under the guise of wasting time coming back to the House is unacceptable," she said. 

‘Democratic Process at work’ - Jamal S. Smith

One resident, Jamal S. Smith, in disagreeing with Rosan-Jones on the matter, said “The Constitution provides a disclosure obligation on the member, and once it has been disclosed for the House of Assembly to decide whether or not to exempt the member from the obligation to vacate his or her seat. This is part of the transparency requirements of our democracy.” 

Smith continued, “The members have made the required disclosures and what we are now seeing is the democratic process at work for the HOA to decide whether or not to exempt these members.”

Further, the resident noted, that nothing wrong or illegal has taken place, “unlike what transpired under the NDP government where there was no disclosure of material interests in contracts with government among other things.” 

Under the National Democratic Party (NDP) government, one of its legislators, Myron V. Walwyn, through two of his companies, MVW International Ltd., and The Pub (2012) Ltd, had been providing services to Government without permission from the House of Assembly.

This only came to light after the then Opposition challenged the breach of the Constitution; however, Mr Walwyn was never made to vacate his seat amidst silence from the public.