UPDATE: AG gets 11-page letter on Governor's alleged constitution violation
This is according to former Crown Prosecutor Mr Jefferson Knight aka Knight Rider, who is one of the persons in strong opposition to the alleged violation of the VI Constitution by the Governor.
A copy of the said letter has also been received by this news site. It was reportedly addressed to the Attornry General through a lawyer's office here in the Virgin Islands and copied to the Legislature; Her Majesty the Queen; Foreign and Commonwealth Office; Secretary of State (UK); the Governor; the Acting Commissioner of Police and The Chairman of the Police Service Commission.
"The letter is to show the Attorney General that the Governor's self-made Police Service (Delegation of powers) Regulations 2012, is not a Statutory Instrument or Law and that the Governor misled the public by purporting that section 97(5) of the Constitution gives him the authority to make a Law for David Morris and to give power to David Morris, and for David Morris to take the Governor's powers and go under the old Police Act, with the Governor's powers and the powers of the Police Service Commission (Po.S.C.) and execute the governor's powers under part IV-sections 33-43 of an act of law [police act] where the governor and the Po.S.C have no power," Mr Knight stated to Virgin Islands News Online.
Meanwhile, two police officers of the Royal Virgin Islands Police Force (RVIPF) are taking the Acting Police Commissioner David Morris to court over what they described as violations of the Virgin Islands Constitution. The second defendant in the matter filed in the High Court on November 15, 2012 is the Attorney General Dr. Christopher Malcolm.
The officers, Mr Leonard Fahie of Lambert Estate and Mr Hendrickson Williams of Spooner’s Estate, have filed a challenge in the High Court to contest that the Governor has no power to make a delegation of power regulation, which now gives the Acting Police Commissioner more power than the Governor and the Police Service Commission.
The first hearing of this claim will take place on December 13, 2012 in the High Court. The claimants are being represented by Dancia Penn and Co.
See previous story posted on November 19, 2012
Police officers take Acting Commissioner Morris to court!
- Accuses Governor of illegally delegating powers to David Morris
The turmoil in the Royal Virgin Islands Police Force (RVIPF) under Acting Police Commissioner David Morris continues.
The latest is that two police officers of the RVIPF are taking the Acting Police Commissioner David Morris to court over what they described as violations of the Virgin Islands Constitution. The second defendant in the matter filed in the High Court on November 15, 2012 is the Attorney General Dr. Christopher Malcolm.
Court case
The heart of the case is the alleged violation of the constitution by the United Kingdom appointed Governor Boyd McCleary in his delegation of powers regulations to the Acting Police Commissioner David Morris.
It is vital to note that retired Police Commissioner Reynell Frazer was never given these powers under this same governor.
The officers, Mr Leonard Fahie of Lambert Estate and Mr Hendrickson Williams of Spooner’s Estate, have filed a challenge in the High Court to contest that the Governor has no power to make a delegation of power regulation, which now gives the Acting Police Commissioner more power than the Governor and the Police Service Commission.
The claimants are contending that the Police Service (Delegation of Powers) Regulations 2012 made on April 16, 2012 are ultra vires to the Constitution and are null, void and to no effect.
The police officers are contenting that their rights under section 12 of the Virgin Islands Constitution Order of 2007 have been and are being breached.
The case filed last week also accuses David Morris, the first defendant, that he has acted ultra vires to section 97 of the VI Constitution.
In addition, Polices Officers Fahie and Williams are claiming that any and all things done and actions taken or directed in pursuance of the 2012 Regulations, including the making of the RVIPF promotion policy in April 2012 are in consequence ultra virus of the Constitution and therefore should be null, void and of no effect.
Section 97(1) of the V.I Constitution states “Power to make appointments to offices in the Police Force and to remove and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Governor, acting in accordance with the advice of the Police Service Commission-but the Governor, acting in his or her discretion, may act otherwise than in accordance with that advice if he or she determines that compliance with that advice would prejudice Her Majesty’s Service”.
Subsection (5) of Section 97 of the VI Constitution also states “The Governor, acting after consultation with the Police Service Commission, May, by regulations published in the Gazette, delegate to any member of the Commission or any public officer or class of public officer,(to such extent) and subject to such conditions as may be prescribed in the regulations, any of the powers vested in the Governor to make appointments to offices in the Police Force and to remove or exercise disciplinary control over persons holding or acting in such offices; and except in so far as regulations made under this subsection otherwise provide, any power delegated by such regulations may be exercised by any person to whom it is delegated without reference to the Police Service Commission”.
The claimants believe these sections under the constitution have been breached by the Governor.
The Officers are seeking a declaration that the examinations conducted by the Acting Commissioner of Police acting on the authority purportedly given to him by the 2012 Regulations are of no legal effect in that among other things the appointment of a Promotions Board for the conduct of an examination for promotion within the Royal Virgin Islands Police Force contravenes the constitution by taking away the role and purpose given to the Police Service Commission under the Constitution.
Earlier this month the Acting Commissioner Morris told the media that the promotion policy implemented earlier this year for the force will not be scrapped, despite the many concerns raised internally by ranks.
Morris said that the RVIPF will now review the policy to safeguard the integrity of the policy. He explained that the process was approved by the Governor, the Police Service Commission and the Attorney General's Chambers.
The new promotion policy was first announced at a meeting held on, May 1, 2012 at the St. Georges Primary School, which was organised by the Road Town Anti-Crime Group.
Now officers in line for promotion, he had said, will have to show they have aptitude.
“They have to pass examinations, show that they have competent skills and the knowledge to be promoted,” Morris had stated.
In addition to that, the acting Commissioner of Police revealed that senior officers are being held accountable for their officers. Furthermore, he said he had tasked the Police Human Resource Department to recruit 22 officers this year to fill the gaps within the Force.
Meanwhile, the first hearing of this claim will take place on December 13, 2012 in the High Court.
The claimants are being represented by Dancia Penn and Co.
Governor and the Constitution
Over the past two years there have been many court challenges by public officers about the alleged violation of the Virgin Islands Constitution by Governor Boyd McCleary. A few months ago there was controversy over his signing of an extradition order for local residents to face trial in the United States. A month ago he was accused again of violating the constitution by interfering in the work of the Public Service Commission with an alleged personal and unprofessional agenda to fire a Permanent Secretary. Some have claimed that race may have played a role but this news site has no evidence of such.
The latest, now with the challenge to his right to delegate his responsibilities to UK contract acting Police Commissioner Mr. Morris, have now again raised in the mind of the public whether Governor McCleary is committed to good governance and the rule of law.
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102 Responses to “UPDATE: AG gets 11-page letter on Governor's alleged constitution violation ”
You have gained financially for years as a Sergeant of Police and the other as an Inspector, now things have changed as there are no more hand outs it is suddenly unconstitutional. Woooow.
The grapes are sour now because it cant be reached as it the policy unconstitutional as you both have been shown out to be unable to an exam which would show your competence in Police work.
When last has either of you done any Police work?, done a case file? appear at Court? you both need to be charged for earning finances by deception if you ask me. Nothing but tow parasites who cant get their way. This is all for self gain as it does not benifit the force but will sort to benefit two of you
As for the issues of racism VINO you said you have no evidence of such but other people do!
ITS ABOUT TIME... I AGREE WITH THESE COPS SOMEONE HAS TO PUT THERE FOOT DOWN WITH THIS NEW GOVERNOR.....
So these guys ain getting no help and instead of training them and them justifying their training in crime fighting he put tests and all that in place in order to get a promotion.
MORRIS the common sense approach is Train your Officers aggressively. And for GOD SAKE some of them need to go on diet and eat healthy. I mean can they even run 20 feet?
Let them take their skills out of the Office Chair and go out and use some of it. Then you move to testing them for promotion.
But you should know the UK Guys have more skills because they train officers over there. Here no.
Do that first and then move forward.
Capessi
Win or loose, I am happy to see that there are police officers who are willing to stand up for their rights. I believe that there may have been past instances officers rights as individuals may have be trampled upon. The courage demonstrated by the two officers not only shows that they are willing to stand up to the status quo but that they are now arming themselves with required knowledge and understanding of the important principles of Administrative and Constitutional law. This could have a lasting effect because it could force persons in authority to take a hard look before making decisions that could negatively imact the rights and freedom of others.
Did David Morris do an exam to be the DCP in the Police Force?Did the superintendents of police have to do an exam to be promoted?Case reference-I know the facts:In April/May 2010,then Governor-David Pearey told a news press conference that senior officers such as attorney-at-law vere browne,and double-degree-holder- roy stoutt are not qualified to be our DCP because they lack experience.Pursuant to the provisions of section 97(5) of the Constitution,Governor Pearey exercised his Constitutional authority and delegated power to COP Frazer and Madam Chairman of the Po.S.C Mrs.Callwood, (on a one-time basis) and he sent them out of the jurisdiction,to the UK on this recruitment expedition to find an experience DCP. Mr.Frazer and Mrs.Callwood,came back from UK with Mr.David Morris.Decorated-Veterans Senior-Long-serving Degree-holders-BV-Islanders Browne and Stoutt were not recognized by Governor Pearey,and Morris was appointed DCP ("Based on experience only")according to the Governor: So Morris was not appointed based on academics or exam!Today,the same Morris is looking at "Experience-Long servicing-Dedicated-Hard working Black-men BV-Islanders/Caribbean Officers,and telling them,if they don't pass his UK-Introduced exam,they are NOT competent,therefore they cannot be promoted?Where is the Equality before the law-in section 12 of the Constitution? Grape Sour,As you hide behind the shield of unfairness,I have prayed for you for exercising your Constitutional Rights.You are a child of god,so will pray for you again.You will realize that I said nothing about you to chastise you.My BVI officers have been identified by Morris,as undesirables,when he publicly said, "I come to weed-out the undesirables in the Police Force".All my BVI officers are children of god.They are not undesirables:They are husbands,wives,[boyfriend/girlfriend]mother/father-brother/sister.Like anyone else in society;they do have enemies for doing their jobs:I made a lot of enemies in the line of Duty! Just because an officer maybe academically bright,that does not mean that another officer who has Experience-and policing skills,is less Competent than the young bright officer. Insp.Fahie and Sgt.Williams-two BV-Islanders enjoying their freedom in their country must be commended.former colleagues;On behalf of Her Majesty I hereby declare you-all Ambassadors/diplomats of Justice in Her Majesty's RVIPF.I hope that the Governor invite the two officers to his next Cock-tail-Tale-Party at Government House.Go serve your country,officers;Her Majesty the Queen will certainly be proud of you for Exercising the Rights,which she gave to you in Her approved-Virgin Islands Constitution.Sign:Jefferson Knight[former police officer]
WHAT IS THE CONSTITUTION?
The Constitution is a frame work of Laws and Principles that establish the function, nature, offices, powers and limit of a government. It also tells us of our Freedoms and lays down laws that are beneficial to our rights as human and citizens.
The claimants are contending that the Police Service (Delegation of Powers) Regulations 2012 made on April 16, 2012 are ultra vires to the Constitution and are null, void and to no effect.
It has been alleged that having made the Delegation of Powers Regulation 2012 takes away the power from the Police Service Commission, which was given or guaranteed under the Constitution. See Section 96 and 97 of the Virgin Islands Constitution Order 2007.
AMENDMENTS:
An amendment of the Constitution may be initiated only by the introduction of a Bill for the purpose in either the House of Parliament, and when the Bill is passed by a majority of total members of the House present and voting. It shall be presented to His Most Excellency in counsel who shall give his assent to the Bill and thereupon. The Constitution shall stand amended in accordance with the term of the Bill.
Hence if the draftsmen did not follow that process these officers rights have been and are being breached.
CLOSING:
Any law (or Conduct) which is in conflict with the Constitution may therefore be declared to be Unconstitutional by a court of law. Such a declaration will have the effect of rendering the law invalid.
Ladies and Gentlemen I do thank you for reading and may God continue to bless the Virgin Islands as we defend social justice and liberty within our democratic society.
Thank you for your insight and teachings. Yoy just taught me something that no lawyer in the B.V.I ever taught.
WHO TO BLAME WHO TO BLAME SOUR GRAPES LOOKING SOMEBODY TO BLAME.
BVI People I say to you put down your guns for they have no place within our society, Natures Little Secret. I am recommending that you take up the Constitution and defend social justice and liberties. Please don’t be like Sour Grape, who looking for an opportunity and crossing floor like a certain man. Let he tell us of the sloppy investigation he did when he was crucified by the UK officers. Sour grapes if any one among us who have no sin, then you cast the first stone. Legal Team where is sour grapes.
I can recall being in awe of the older uniformed officers when a young probationer. All that local knowledge and the common sense approach to problem solving. This has it,s place too, but simply knowing where someone 's house is or having background knowledge is no longer enough.
Lessons will no doubt be learnt about this promotion process, and hopefully the next will be more BVI and less UK. The process will assist in creating leaders in the future and moving the Force in the right direction.
1. The officers who were promoted based on the policy system are too, veterans of this force, citizens of this country, husbands, fathers etc…
2. They too praise the lord and follow different faiths and love God in every way and fashion, but that is between them and their God, and it is Bias to even mention this within this topic because it is irrelevant and is only a psychological detour to the reader to make some people believe “Oh I’m a Christian and they are not” Morris and McCleary are Christians too!
3. These officers served and are still serving (for those who stopped serving based on medical conditions after hiding behind a desk for years claiming they were wounded on the job (which is a fact) and cannot be involved in active duty, yet you used to find them exercising every day, driving, writing, typing, etc.. and left back to their home country or country of Birth (Not the BVI) and want to claim patriotism in the BVI). The officers promoted were and still are very active, and actually very good at the Job, better than most claimants.
4. These eleven confirmed sergeants, two acting sergeants to be confirmed, five confirmed inspectors, three confirmed chief inspectors, two acting to be confirmed have all been working with (either as subordinates, same rank or superior officers) to the claimants in this matter, and to base a claim against these officers or their wellbeing for their (two officers) personal gain or disgruntlement is disloyal to their colleagues.
5. The claimants in this matter are veterans, yes, maybe in years of service of doing nothing and contributing nothing to the organization other than being bias against their subordinates and favoring female officers because they wear skirts, and driving around burning tax payers gas money watching women on the street and pointing out which one is fat, thin, pretty or not. This is a big fat fact.
6. These claimants, also took part in what they call unconstitutional when they signed off the first part of the promotion process (the application) recommending the officer under their supervision, applying to be approved for the written exam. Then they wrote their own application, and then sat the exam. However as mentioned before, now that their years of doing nothing in the force and bu**sh***ng their way through, finally came to a stop and true capable willing officers have been chosen to lead based on their competence and knowledge of the job, the grapes turned sour all of a sudden.
7. The promotion exam was not based on rocket science or even new technological advancements of the human race; it was merely based on actual day to day policing, and knowledge of local BVI law, not UK law, and leadership qualities. No wonder they did not do well or didn’t even dear to come near an examination table or board! They have nothing to offer this organization and they are better off home retired. Let the real cops do their thing and stop “hatin”
There are many more facts that the public is not aware of, but it would not be fair to disclose them to the general public. I was taught that a wise head keeps a silent tongue, however in these circumstances I believe a silent tongue will only be turning a blind eye from the truth and watching readers being misled.
To the fancy lawyers and want to be lawyers, I believe you read section 97(5) of the constitution, but did not comprehend the following “and except in so far as regulations made under this subsection otherwise provide, any power delegated by such regulations may be exercised by any person to whom it is delegated without reference to the Police Service Commission”. This is the constitution. Read on…
I beg of you stop misleading our readers and our people, and stop turning it into a racial issue every time the white man tries to do the job YOU hired him to do.
I do however applaud the sergeant and inspector for their courage to challenge or question a decision that was made by the top brass, by lawful means. Whether or not they are prosperous in their claim, it will be recorded in history that they were challenged and can be challenged again and to always remind them and those who come after them that the BVI is not a walkover or walk in the park where they can get away with anything, they are watched by the people and will be dealt with according to law if they are found to be abusing their authority. That I will respect, but turning the words around to make it sound as if the claimants are the jewel of the RVIPF and those who were promoted are not, or that David Morris is a bad man. I find that hard to swallow.
Reynell Frazer was anti-police and anti-local as he was the one who was quickest to fire the local officers and I mean BVI local, after the “white man” Barry Web was protecting the local BVI officers. He had no vision and cared not about his officers or the security and safety of the BVI, all he looked at was what’s under his cap and how much he loved music. In the history of the RVIPF, Frazer fired, suspended, revoked rank and tried to fire the most of the local officers. Everyone was disgruntled and most retired or resigned under his command.
To SERGEANT OF POLICE, you see the new promotes are officers who worked with you, learned from you and have respect for you. However, since they got promoted, you and people like you have displayed displeasure in their presence with you at the same rank, and believe me, they have feelings too, and they are smart and pick up quick as to who appreciates them and who doesn’t. When you want to behave in a particular way, they must retaliate by not wanting your assistance in anything, for crying out loud not even a ride, do you find that surprising. Look inside your soul and search for purity and truth, and be true to yourself before you claim others are not being professional towards you, as you my friend are not being professional towards them. This is a fact!
I apologize to some of the readers who may have gotten offended by my words, but don’t throw stones if you live in a glass house.
Facts you seek, and facts you got!
Mr. Speaker Honorable members of the Constabulary I have read and heard the views of my people, they are aggrieved and they are calling on the elected Government and the opposition leaders to hear the cry of our people. To the aggrieved Sergeant I knew you quite well; you have and continue to execute your statutory duties admirable, also you exemplify interest in your job. Hence you deserve more than promotion. You have served your country very well; I salute you notwithstanding that we have been called, “The Undesirables” by Morris.
To Legal Team: I applauded you for taking time out and educate the young men and women of Her Majesty Constabulary and the general public on a whole. You have taught them the law, segment by segment. Legal Team you need to be back on the job.
This matter is in the hand over the court and I can say in the fullness of time justice will be served. His Excellency we the people beg to move a motion, we beg that the Police Service Commission remove the COP from office pursuant to Section 97 of the Virgin Islands Constitution Order 2007.
ECCLESIASTES 7 verses 5 to 7 says " better to heed the rebuke of of a wise than to listen to a fool's song: like the crakling of thorns under a pot is the fool's laugh: Corruption makes a wise man MAD!BRIBE BLINDS HIS HEART".The word of the lord,thanks be to god. Vino,I like your style,once a blog is NOT LIBELOUS,let the people blog.I remembered earlier this year,when VINO NEWS publish an article, saying that D-blah. Morris was Vex because vino published an article?Boss;this is our democracy! In the BVI,and in the caribbean,we love our gossip in the blogs blah-blah-blah.Let the people blog. PHOAROAH-FEHROW "My people are Free! if you violate their rights,they will take you to court.See you on Monday VINO,we have a soldier to send away to meet his god.i will come by the office to greet your wonderful staff.FREEDOM IS IN THE BVI!