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UPDATE: Tranquille wins case against CoP
The ruling of the judge is that Tranquille be granted a waiver of the promotional examination and the other processes that would be required for PO Tranquille to go through. "The other process is basically an interview and that's it," clarified PO Tranquille.
"The judge has ruled and the only thing that I am anticipating is that the powers that be would take the instructions from the judge," said PO Tranquille.
"It's a win for every member of the Royal Virgin Islands Police Force (RVIPF) and the way forward for me is that I’ll continue doing what I do best, that's this job," said PO Tranquille shortly after walking out the High Court this afternoon the victor in the matter.
The CoP was ordered to pay Tranquille the sum of $2,000.
Asked if he foresees any challenges as it relates to the process that is now required as ordered by the judge Tranquille responded, "I don't want to pre-empt.... I will just wait and see what will happen."
When this news site called the Governor’s Office today for a comment on the outcome of the case, Governor John S. Duncan's personal assistant informed us that he was in a meeting but that she will pass the message on to him and supply us with the comment if and when he gives one.
Further, Commissioner of Police Morris told this news site that he would not be giving us any comment on any matter.
See previous article published November 11, 2014:
PO Nicholas Tranquille vs CoP David Morris decision today
ROAD TOWN, Tortola, VI – Will justice be served in the favour of Police Officer (PO) Nicholas Tranquille or will the Commissioner of Police (CoP) David Morris be supported by the Court of Law? The answer to this question is just hours away.
Sources close to the case and the trial have confirmed with this news site that Justice Vicki Ann Ellis who presided over the trial which started back in May of this year, is likely to give her findings and decision when the court convenes later today November 11, 2014.
Attorney at Law Mr Ruggles Ferguson of Grenada has been and continues to represent PO Tranquille in the civil case against Commissioner of Police David Morris.
The root of the civil matter is embedded in the fact that PC Tranquille in October 2013, applied to CoP Morris to exercise his power of promotion. PC Tranquille’s contention was that he sat and passed the examination for promotion to the rank of sergeant pursuant to fourth standing order M74. The application was made on October 4, 2013.
CoP Morris allegedly refused to exercise his power on the ground that the post promotion policy which requires that an applicant for promotion takes and passes a written examination supersedes his power under 4th standing order M74.
PC Tranquille had reportedly filed an affidavit of wrongful reversal in rank against CoP Morris, after he allegedly received a letter in October, 2013 from the Human Resources Manager of the RVIPF dated September 2013, informing him that he was reverted from the rank of Acting Sergeant back to his substantive rank of Constable.
CoP Morris since being appointed to the position has been the subject of ridicule and accusations of being bias and unfair in his dealings with certain Police Officers under his watch. Many have called for him to be stripped of the rank and be sent packing back to his home country.
Things have been to the extent that Police Officers have petitioned the office of the Governor on various matters regarding the CoP, but to date no actions have been visible but rather, Police Officers continue to complain of being victimized for taking certain actions and for standing up for their human rights.
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36 Responses to “UPDATE: Tranquille wins case against CoP”
Signed the real Lodger
Let me once again thank Her Majesty-The Queen for this blessed day [13th June,2007] in our history as Virgin Islanders:Her Majesty bestowed upon Her Citizens of Her BVI,and called upon those in Authority to respect the Rights of Citizens and Residents of Her BVI.
So,at the Court at Buckingham Palace,on the said 13th June,2007, present;was The Queen's Most Excellent Majesty in Council:And Her Majesty,in exercise of the powers conferred upon Her by section 5 and 7 of the West Indies Act 1962(a) and of all other powers enabling Her to do so,is pleased,by and with the advice of Her PRIVY COUNCIL,to order,and it is ordered as follows[The Constitution of the Virgin Islands].The Supreme Law of the Land!
Police Officers must be promoted by the GOVERNOR,after CONSULTATION with Police Service Commission,in accordance with section 97[1] of the said Virgin Islands!As declared by the Supreme Law of the Law of the Land!
Section 97[1] of the V.I Constitution states:-[""POWERS 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 the GOVERNOR determines that compliance with that advice would prejudice Her Majesty's Service""].
Therefore,according to Section [97(1)] of the V.I Constitution,as quoted above, The Commissioner of Police[COP] does NOT have any Constitutional-authority or existing Statutory-Authority under our Statutory Laws,the latter, made by BVI Parliament, to Interfere with the appointment procedures in the Police Force.
Let the Police Service Commission function as a Constitutional Body.
Promotion Exam? This Promotion-Exam is UNCONSTITUTIONAL and UNLAWFUL,therefore,it must challenged in a court of law.
Section 97 of the V.I Constitution is designed FOR "ALL" appointments in the Police Force, INCLUDING THE APPOINTMENT OF THE COP:
If the Governor did not require Gazetted Police Officers to do an exam before promotion,then the C.O.P cannot require that a non-gazetted officers do exams for promotion.
Police officers; show respect to your C.O.P, but if he breaches your rights under section 97 of the V.I Constitution, SUE HIM before the High Court of Justice.
Because section 18 of the Police Act states:-
""[Every member of the force has ALL the rights,powers,authorities,privileges and immunities conferred on a member of the force by any LAW that is in force in the Terrritory and likewise in respect of any LAW that comes into operation in the Territory,upon the coming into operation of that LAW""].
P.C Tranquille is a Freedom Fighter: Law is Law!
Let me once again thank Her Majesty-The Queen for this blessed day [13th June,2007] in our history as Virgin Islanders:Her Majesty bestowed upon Her Citizens of Her BVI,and called upon those in Authority to respect the Rights of Citizens and Residents of Her BVI.
So,at the Court at Buckingham Palace,on the said 13th June,2007, present;was The Queen's Most Excellent Majesty in Council:And Her Majesty,in exercise of the powers conferred upon Her by section 5 and 7 of the West Indies Act 1962(a) and of all other powers enabling Her to do so,is pleased,by and with the advice of Her PRIVY COUNCIL,to order,and it is ordered as follows[The Constitution of the Virgin Islands].The Supreme Law of the Land!
Police Officers must be promoted by the GOVERNOR,after CONSULTATION with Police Service Commission,in accordance with section 97[1] of the said Virgin Islands!As declared by the Supreme Law of the Law of the Land!
Section 97[1] of the V.I Constitution states:-[""POWERS 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 the GOVERNOR determines that compliance with that advice would prejudice Her Majesty's Service""].
Therefore,according to Section [97(1)] of the V.I Constitution,as quoted above, The Commissioner of Police[COP] does NOT have any Constitutional-authority or existing Statutory-Authority under our Statutory Laws,the latter, made by BVI Parliament, to Interfere with the appointment procedures in the Police Force.
Let the Police Service Commission function as a Constitutional Body.
Promotion Exam? This Promotion-Exam is UNCONSTITUTIONAL and UNLAWFUL,therefore,it must challenged in a court of law.
Section 97 of the V.I Constitution is designed FOR "ALL" appointments in the Police Force, INCLUDING THE APPOINTMENT OF THE COP:
If the Governor did not require Gazetted Police Officers to do an exam before promotion,then the C.O.P cannot require that a non-gazetted officers do exams for promotion.
Police officers; show respect to your C.O.P, but if he breaches your rights under section 97 of the V.I Constitution, SUE HIM before the High Court of Justice.
Because section 18 of the Police Act states:-
""[Every member of the force has ALL the rights,powers,authorities,privileges and immunities conferred on a member of the force by any LAW that is in force in the Terrritory and likewise in respect of any LAW that comes into operation in the Territory,upon the coming into operation of that LAW""].
P.C Tranquille is a Freedom Fighter: Law is Law!
Other Police Officers of lower ranks are also appointed by section 97 but the Chief of Police would determine how other officers should be graded to be appointed under the same law?
I think Mr. Morris went a little too far,and it's time for the court to stop him.That means a senior policeman 20 years service and more has to do an examination for consideration of promotion and if he fails that examination his career in over?Mr Morris stop.
Today in a civilized world,you continue to see the residue of Apartheid and dictatorship in some areas of the Public Service;including the Police Force.
Police Officers are human beings,like any body else in society:When they do wrong,and when they commit offences, they are faced with justice before a court of law,pursuant to the provisions of section 16 of the V.I Constitution.They are not above the Law.
Similarly, the C.O.P is not above section 97[1] of the Virgin Islands Constitution,the Supreme Law of the BVI.
The New and Amended V.I Constitution of 2007, came into force,after the appointed-day[following general election in 2007].
In 2009,C.O.P Reynell Frazer submitted to the GOVERNOR/ Police Service Commission, a list of names of qualified Police Officers of different ranks,with many years service in the force,for consideration by the Po.S.C, and for the Po.S.C and Governor to Consult,in accordance with section 97[1] of the V.I Constitution.
Officers were deemed qualified for Promotion/APPOINTMENTS based on practical performances of dedicated service to Her Majesty-The Queen in the BVI.They were all promoted/Appointed by the Governor,after Consultation with the Po.S.C! They did NOT take an exam!
Some of these officers are considered as veterans,who served Her Majesty for many years,risking their lives to protect Her Majesty's Citizens and to preserve Her Peace in the BVI:Now, Johnny-come-lately- MORRIS is disregarding their contribution to society, and come giving them an Oppressive,Unconstitutional,Unlawful and Dictatorial-Exam,with all kind of Terminology to confuse their brains, and if they en't pass you calling them uneducated?
Police officers who risk their lives to protect others in the BVI must be compensated with a proper pension and gratuity for lifetime sustainability! They served Her Majesty.
That is what MORRIS should be looking for; for all our brothers and sisters in the force.
Instead,Morris is finding ways and means to degrade Her Majesty's Police Officers.They are NOT Undesirable!!
Who is PC Tranquille?
A well-educated BVI police officer,Teacher/Lecturer at the Police Training School in Barbados.The Police Force recognized his academic qualities,and sent him the Training School to teach BVI recruits:And just because he did not take Morris' Exam for Promotion,they discarded him?
I support PC Tranquille 1000% for his stance against Morris; because section 97[1] of the V.I Constitution,did NOT include Morris in the procedures for appointment in the Police Force:And the learnt Judge agreed.
Therefore; Morris' [SELF-INTRODUCED] Promotion exam-Policy is DICTATORIAL and UNCONSTITUTIONAL in the BVI; It has no Legal Basis and it must QUASHED by Courts.
Sue Morris for his exams!
The Constitution of all civilized countries MUST be obeyed.