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Huge flaw in jury selection process- SFC Report

- Some residents being excluded, according to former DPP Kim Hollis QC
The Office of the Director of Public Prosecutions (DPP) has been drawing jurors only from the voter’s list which, according to the Director of Public Prosecutions, Kim Hollis QC, is a totally different criteria, since the law allows for persons resident in the Territory over 10 years to be selected as jurors. Photo: VINO
Former Director of Public Prosecutions (DPP) and United Kingdom (UK) national Kim Hollis QC highlighted a flaw in the VI's Jury selection process. Photo: VINO/File
Former Director of Public Prosecutions (DPP) and United Kingdom (UK) national Kim Hollis QC highlighted a flaw in the VI's Jury selection process. Photo: VINO/File
Opposition Member and Third District Representative, Hon Julian Fraser RA has recommended that the Office of the Director of Public Prosecutions (DPP) find other means of selecting a jury. Photo: VINO/File
Opposition Member and Third District Representative, Hon Julian Fraser RA has recommended that the Office of the Director of Public Prosecutions (DPP) find other means of selecting a jury. Photo: VINO/File
ROAD TOWN, Tortola, VI - Former Director of Public Prosecutions (DPP) and United Kingdom (UK) national, Kim Hollis QC has revealed that the current jury selection process in the Virgin Islands (VI) has a fundamental flaw that excludes a large category of residents from becoming jurors in the VI's court system.

This was revealed in the report on the deliberations of the Standing Finance Committee (SFC) held between November 20 and 29, 2019 at the Office of the House of Assembly in Road Town, Tortola.

Wrong selection list - Former DPP 

Prior to that, Ms Hollis had abruptly tendered her resignation in October 2019 and in thanking her for her service to the Territory, Hon Julian Fraser RA (R3) inquired about what was wrong with the jury selection process.

The former DPP responded that at present, "the Jury Act advocates that anyone who has been resident of the BVI i.e. an Alien for over 10 years is eligible to serve as a Juror. Additionally, persons between the ages of 21 – 60 are eligible to sit as Jurors on Jury Trials in the BVI," she said.

Ms Hollis continued, "Unfortunately, it came to their attention that the list is being drawn from the voter’s list which is a totally different criteria. Until there was a change in the Legislation, they would still be left with the original Jury Act," she said.

Rectify the process - Hon Fraser 

It is unclear what this new revelation could mean for the current justice system and past cases; however, Hon Fraser recommended that the office would have to find other means of selecting jurors.

According to the former DPP, her office was already in the process of doing that; however, no timeline was provided.

Ms Hollis was appointed DPP effective August 29, 2016, by former Governor Mr John S. Duncan, OBE.

9 Responses to “Huge flaw in jury selection process- SFC Report”

  • Jacperlance (23/12/2019, 15:05) Like (3) Dislike (4) Reply

    Is this the reason why she wrote about it and copy the letter to all defense counsels. This woman is going to cost the tax payers of this country millions

  • Hmmmmmmm (23/12/2019, 20:38) Like (6) Dislike (2) Reply
    Here is one difference in residing in the Territory for over 10 years (the law) and the voters list. A person can reside in the Territory for over 10 years and not be a voter. Thus, the jurors list incomplete or flawed. What does that mean for past cases where judgment was rendered? Flawed too? See how much ayo paying these good for nothing lawyers and justices for crap $hit production.
    • So true (23/12/2019, 21:21) Like (5) Dislike (0) Reply
      Selected Dislike button in error.

      Completely agree and the same persons are repeatedly selected as jurors and get their friends on the inside to help them
  • Me (23/12/2019, 23:59) Like (2) Dislike (0) Reply
    Wow!! So I working and living here 12 years that means I could be on the juror list according to the law?? Wow that sounds almost like the Immigration Act before the amendment!
  • questions (24/12/2019, 02:17) Like (2) Dislike (3) Reply
    How are expats permitted to reside in the Virgin Islands for over ten years? Don't they have to return to their homes in order to renew their work permits, thereby restarting the count? This place is really screwed up.
    • first of all (24/12/2019, 08:03) Like (6) Dislike (1) Reply

      You living under a @#5 Rock?... no one has to leave to renew a work permit..You do know that each country’s law is different right?..You act like we don’t go States to live.. Should I have to come back after 10 years and leave my stuff there and hope I am allowed to go back to my life that I built!... sheesh... You know one thing the BVI will never get as a whole is being kind to strangers in your land ( worthy that is ) for a so called christian place we got much work to do.. Yall need to travel more...

      • To first of all (24/12/2019, 15:25) Like (1) Dislike (0) Reply
        They shouldn't be building up time towards "regularization". The Virgin Islands are rapidly becoming over populated. I was "parked" by the fire station just yesterday for the better part of 10 minutes trying to get by Bobby's supermarket, due to the traffic. Over population is not in the best interest of any of us. The BVI has always been kind to strangers but we don't have to gridlock to prove that. The fact that you are still here is proof enough. You should be helping us limit population growth, because that is in your interest too.
        • Lastly (25/12/2019, 12:54) Like (2) Dislike (1) Reply

          Tell me something is it really overpopulated or is our town just too small...We never planned for 20-30 years ahead.. our roads could have been wider.. our sewage in the heart of the town could have been elsewhere.. look at the hills.. many places empty.. We act as if people dont leave as well as come in.. its time for the traffic to be directed elsewhere honey.. We just never thought things out or moved swiftly enough to adjust... You know soon you won’t have that issue given the current financial movements.. I hope we like it when they leave with whomever they brought in and are happier then.. Maybe then we can finally be $%^&^ pleased..

  • Tojo (24/12/2019, 22:38) Like (1) Dislike (0) Reply
    Ask the Smith-Penn woman


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