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People in Authority, must obey our Constitution and the Rule of Law:

Knight Rider is a former Virgin Islands Crown Prosecutor. Photo: Provided
By Knight Rider-Former Crown Prosecutor

My dear people of the British Virgin Islands-Nature’s Little Secret: Thank you very much for all you have done for me and my family. Your continued friendship kept me connected to the Virgin Islands. Thanks to the senior citizens of Virgin Gorda for checking on my welfare and contributing to my well-being.

How did the Virgin Islands Constitution come into Force?

I read in the Constitution; the following:

 “At the Court at Buckingham Palace ,the 13th day of June 2007,Present;The Queen’s Most Excellent Majesty in Council: Her Majesty, in exercise of the powers conferred upon Her by sections 5 and 7 of the West Indies Act 1962(a) and all other powers enabling Her to do so, is pleased, by and with the advice Her Privy Council, to order, and it is ordered, as follows: Citation, commencement and establishment of Constitution. The Virgin Islands Constitution came into Force, on the 15th June 2007 (The appointed day)

 How did the Virgin Islands Constitution come into Effect? This is what Her Majesty wrote in our Constitution: I read in the Constitution; the following:

 THE CONSTITUTION OF THE VIRGINISLANDS:

“Whereas the people of the territory of the Virgin Islands have over the centuries evolved with a distinct cultural identity which is the essence of a Virgin Islander;

 Acknowledging that the society of the Virgin Islands is based upon certain moral, spiritual and democratic values including a belief in god, the dignity of the human person, the freedom of the individual and respect for fundamental rights and freedom and the rule of law;

Mindful that the people of the Virgin Islands have expressed a desire for their Constitution to reflect who they are as a people and a country and their quest for social justice, economic empowerment and political advancement;

Recognising  that the people of the Virgin Islands have a free and independent spirit, and have developed themselves and their country based on qualities of honesty, integrity, mutual respect. self-reliance  and the ownership of the land engendering a strong sense of belonging to and kinhip with those islands;

Recalling that because of history, economic and other reasons many of the people of the Virgin Islands reside elsewhere but have an ancestral connection and bond with those islands;

Accepting that the Virgin Islands should be governed based on adherence to well-established democratic principles and institutions;

Affirming that the people of the Virgin islands have generally expressed their desire to become a self-governing people and to exercise the highest degree of control over the affairs of their country at this stage of its development; and

Noting that the United Kingdom, the administering power for the time being, has articulated a desire to enter into a modern partnership with the Virgin Islands based on principles of mutual respect and self-determination;

Now, therefore, the following provisions have effect as the Constitution of the Virgin Islands:

My people of the Virgin Islands, do not be afraid of those SUPERPOWERS. We the people of the BVI had sent a legal delegation [attorneys-at-law-Q-C] to Buckingham palace to present to Her Majesty, a proposal for a Virgin Islands Constitution. It was our desire to have our own Constitution. At the court at BuckinghamPalace, Her Majesty accepted our proposal, and she gave us our Virgin Islands Constitution. Though not written, she must have said to our Queen’s Counsel/Representatives-“Tell the people of the Virgin Islands, enjoy their Fundamental Rights and Freedoms”. Every Virgin Islander [residing in or outside of the Virgin Islands] is covered under our Constitution and every non-Virgin Islander residing in the BVI is also covered under our Constitution.

People in Authority: Our Constitution makes provision for a Governor of the Virgin Islands, appointed by Her Majesty by Commission under Her sign Manual and Signet and shall hold office during Her Majesty’s pleasure. We welcome you-Governor, to the Virgin Islands. I respect your office: You are a child of god.

I call on Virgin Islanders to respect the office of Governor, and show respect to the Governor, as a Human-Person, based on your belief in god.

The Fundamental Rights and Freedoms of the Individual: Our Constitution makes provisions in Section 9 to 30 for the Fundamental Rights and Freedoms of the Citizens and Residents of the Virgin Islands. And provision is made in section 31 for enforcing the foregoing provisions 9 to 30,if you believe that someone contravened one of the sections 9 to 30.You can seek redress in the High Court. Her Majesty said, you can!

If you sort redress in the High Court of Justice, against a decision of a person in authority, to dismiss you and who had violated your rights under sections 9 to 30, during the Dismissal Proceeding, and the High Court ruled in your favor; then the High Court Decision remains Final for the time being.

If the person in Authority(The Governor) is not satisfied with the High Court Ruling, he has the legal avenue under our Justice System to appeal the matter to the Appeal’s Court and then to Her Majesty’s Privy Council. If he chose not to appeal and therefore accept the High Court Ruling; then the High Court Ruling, remains-FINAL. Case- closed. No other Administrative proceedings can SUPERSEDE  a High Court Ruling!

8 Responses to “People in Authority, must obey our Constitution and the Rule of Law:”

  • Knight Rider (28/09/2012, 20:28) Like (0) Dislike (0) Reply
    Let me be the first to make a blogging while exercising my Constitutional Rights under section 23 of our Constitution.I thank Her Majesty-The Queen for these many Fundamental Rights.I believe in the rule of law and the adherence to our Constitution.I wrote this article above in support of Mr.Julian Willock who is not a personal friend of mine;but Her Majesty approved a Constitution for us, so all of us are affected by the Contravention of the Constitution by persons in authority. Today is Willock,tomorrow is another-maybe ypu.I want BVIslanders to keep the Willock case alive,untill Buckingham Palace Intervene in this Constitutional Crisis,where a High Court of Justice Quashed an administrative ruling against Mr.Willock,and a Governor is disregarding this ruling in such a Flagrant and Blatant Contempt of Court.This is about our Constitutional Rights! Do you know the meaning of APATHEID? Remember what happen to Nelson Mandella in South Africa! During APATHEID:there was no Constitution in South Africa.Is APATHEID coming to the BVI? Hell NO! We have a Constitution. Willock; get a family member of yours make up a petition;send it to me so I can put my signature.Let us Send the petition to Buckingham Palace to let Her Majesty call on the Governor to obey our Constitution and the Rule of law and let him follow our High Court's Decisions. Willock must be reinstated to the service Immediately.The High Court has RULED on the case.Governor,you are guided by the High Court's Decision! Governor,Obey the law! CASE CLOSE!!!!
  • virgin gorda (28/09/2012, 22:42) Like (0) Dislike (0) Reply
    I agree with you a lot more people wants to speak out but afraid
  • read (29/09/2012, 08:36) Like (0) Dislike (0) Reply
    I hope governor McClaeay reads this
  • manabouttown (29/09/2012, 21:25) Like (0) Dislike (0) Reply
    The law is the law, Knightrider continues to educates the people of the BVI on a point of law. You just have to give him the facts and he apply the law to the facts. The BVI could invest heavely with the former police prosecutor. Could you provide me with your number so i can contact you.
  • fox news (30/09/2012, 05:16) Like (0) Dislike (0) Reply
    Boss it’s a good thing you are out of the police forces as Morris would have fix you as McCleary is his buddy!
  • knightrider (30/09/2012, 09:21) Like (0) Dislike (0) Reply
    my dear virgin islanders/expatriates residing in the BVI.You have a right under the law to give your views,be it in favor or against.knight rider is somewhere in a jungle like tarzan.he is out of the dictatorial-style management of some people in authority,free from the oppressive conduct of some people in authority.The article above is about your Constitutional rights.Willock should not be fighting for his rights.Her Majesty-The Queen,gave him these rights in sections 9 to 30 of our Constitution!The custodian of our Constittution(The Governor-Her Majesty's representative)MUST respect those rights of the citizens/residents and the rule of law.If mr willock won a High Court case,and the crown appealed the decision of the high court,those in authority cannot be under-the-table,(unknowing to the high court/appeal'scourt;continuing with some kind of administrative proceedings,using the same facts that are before the Courts; while the high court case is in effect,pending an appeal!I wrote this article,to tell Virgin islanders/expat residents,that no one in authority has the right to do as they please and to try circumvent our Constitution to get at a citizen/resident.In 2009,I challenged the C.O.P,the Police service commission and Governor Pearey,on a Constitutional point.I won my case,based on the Constitution.Now,I am in solidarity with mr.Willock,to challenge the Governor,on a point of LAW.Let's not drift from the legal points.The article is about Constitutional Rights:not about knight rider.Don't support me-support the law and your rights.I wrote what I read in the Constitution,and how I interpret what I read.Respect the Governor,but stand up for your RIGHTS!


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