Office of DPP struggling with backlog of cases
According to a Report on the Deliberations of the Standing Finance Committee (SFC) 2019, released on Friday, May 7, 2019, Hon Fraser had inquired what role does the Office of the DPP play in regards to the long wait times that prisoners on remand face, which can sometimes span in excess of a month.
Court Judge to Blame - Ms Hollis
According to the DPP, since taking up office in 2016, she had worked consistently, to improve the forensic skills and performance of the Office along with the Royal Virgin Islands Police Force (RVIPF) in specialist areas, however, the length of court cases was outside of her purview.
The report notes, “The DPP stated that the Office of the DPP made representations to the court in relation to how cases should proceed, but either the Magistrate’s Court or the High Court Judge made decisions regarding the length of time cases took.”
The report also points out that as a constitutional prosecutor of the Virgin Islands, the DPP advised that the Office currently receives case files for advice and court proceedings from a number of law enforcement agencies including the Commissioner of Police, Customs, Immigration, as well as Financial Investigation Authority.
Office working to clear Backlog
On a related issue, the DPP also stressed that it was important that Members appreciate that her office was still struggling with a backlog of cases that was occasioned as a result of the Magistrate’s Courts not being able to sit following the 2017 hurricanes.
Ms Hollis noted that a gap also occurred when the territory did not have and was unable to have jury trials because there was no High Court Judge in the Virgin Islands.
Further, in response to a question from Hon Fraser, the DPP stated that she has been in the Service for two and a half years and informed that her contract would expire in August 2020.
Ms Hollis was appointed DPP effective August 29, 2016, by former Governor Mr John S. Duncan, OBE, and amongst her role, she can institute and undertake criminal proceedings against any person before any civil court in respect of any offence against any law in force in the Virgin Islands.
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17 Responses to “Office of DPP struggling with backlog of cases”
Your example of the 3 police men case is also incorrect. This case was simply a hung jury and I have no doubt that a retrial will be requested to see justice done, one way or other. Although you state your post is not racist, it is certainly divisive and unwelcome.
Cases were being disposed very quickly.
But you know in the BVI we always believe that someone coming from UK will do a better job in the BVI.
A former BVI police now retired who is an attorney-at-law would be a top class DPP and bring back all the retired police prosecutors to help with the backlogs.
The office of the DPP cannot handle all these cases.Let the trained police prosecutors help out.
You recalled 2000-2010 when there were some powerful prosecutors in the magistrates courts leading the role in prosecutions, defense lawyers had to come good.
These imported prosecutors-dpp on a big salary mission..
Bring back police prosecution how it use to be and get the cases expedited..
DPP,did you read the following section in the VI Constitution?
Section 16 of the VI Constitution sates:-
[ (1) If any person is charged with a criminal offence, then, unless the charged is withdrawn the case shall be afforded a FAIR HEARING within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence shall-
(a) be presumed to be innocent until he or she is proved guilty according to law"]
The VI Constitution declared that the hearing must take place within a "reasonable time" and in my view,if that time is not reasonable,the fundamental human rights of the person charged is being contravened under section 16.
So in essence,for the DPP to blame backlog on every body and other institutions involved in dispensing justice,is baseless and just making excuses.
DPP,you are of age,maybe 60 plus. Take your end of contract package and go enjoy a caribbean cruise or hike.You lived your full life in UK.Tell the Governor,you done with DPP work in BVI. You can't handle these simple BVI cases..
Justice delayed is justice denied.Give the persons who are charged fair justice..
Our break down in justice comes from the persons who suppose to dispense it.
More prosecutors
More magistrates
more court houses
more prison space.
We as a society,we are afraid to protect innocents from criminals,by putting systems in place to keep criminal offenders from society,but with true justice under the vi constitution.