Wade N. Smith wins Judicial Review against Sr Magistrate, Top CoP
This comes after Mr Smith was sent on Administrative Leave over a year ago and faced charges of Breach of Trust as a Public Officer. According to the details, when Magistrate Richards granted a warrant for Mr Smith's residence to be searched, it resulted in his phone and other equipment being seized, including documents with no connection to the charges.
According to sources familiar with the case, the court under Justice Sonia Young found the actions of the Senior Magistrate unreasonable and lacked substance and not justified.
The court also found that the Magistrate ought to have given her reason for issuing the warrant, and it did not require her to be elaborate, but she could not be made to disregard the rights of the individual.
The court also ruled that while the Magistrate's Code provides the Magistrate with authority to issue warrants, the Magistrate should have done so in consideration of Mr Smith's right to privacy and more.
Breach of Trust should be spelt out on warrant - Court finds
Meanwhile, it was also found that the Magistrate failed to have an inter-partes hearing, although Mr Smiths' Attorney requested same so that the items taken from his property could be brought before the court.
As part of the decision by the High Court Judge, it was also found that because the arrest was one for Breach of Trust, the offence should have been spelt out on all warrants. This step could have prevented the police from taking evidence which could not aid their investigations.
Smith’s case continues as it relates to the first Judicial Review against the Government, specifically, the Governor, the Human Resources Director, and the Public Service Commission (PSC), on a number of grounds found here.
The government continues to rack up bills over lawsuits brought against it by the public.
The Royal Virgin Islands Police Force (RVIPF) alone has been rocked with over 10 lawsuits from Commissioner of Police Mark Collins' very own police officers and civilians. In addition, many public officers are taking court actions against the Governor, Attorney General and others over them being sent on leave or charged with Breach of Trust.
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22 Responses to “Wade N. Smith wins Judicial Review against Sr Magistrate, Top CoP ”
WRONGFULLY CHARGED THE
LAW IS SUPPOSED APPOLOGISE AND COMPENSATE THE GUY , BUT YOU SEEMS TO BE OVERJOYED AND WANT TO CREATE YOUR USUAL RANTING AND RAVING WITH YOUR DRAMA QUEEN MENTALITY / ALL THE KILLINGS , GUNS , DRUGS AND CORRUPTION THATS IS BECOMING THE NORM HER NOW , HOW COME YOU DON'T CONDEM AND HOLLER OUT ON THE LACK OF OUR POLITICIANS VOICES ON THE SERIOUS CRIMES ? ( BUT YOU HAVE BEEN HOLLERING OUT
DAY& NIGHT TO HAVE YOUR PATHNER IN MIAMI , FREED , ( AKA ) * FREE THE DREW * / SAME THING GOES , IF HE WAS WRONGFULLY CHARGED THEN THE LAW HAS TO APOLOGIZE AND COMPENSATE BIG DADDY , NOT YOU , YOU ACTING LIKE A PIT BULL , YOU NJUST LOVE YO HEAR YOURSELF , - REAL SUBTERFUGE
and the British Virgin Islands will be glowing green. You play, you pay.
USUNG DIFFERENT NAMES TO DISGUISE YOUR VINDICTIVE
MESSAGE SEEMS TO BE THE ONLY WAY FOR YOU TO
RECHARGE YOUR OVERGROWN EGO
I think there are grey areas where people can judge ppl if we don't have all the details; the NSC must have some info of things we don't know BUT obviously they couldn't prove anything so what they did to this man was and is wrong. This is UK manipulation, imo, and it's being exposed just as the Governor was exposed for setting up Andrew Fahie, who wasn't smart enough to avoid the set up, due to a character flaw, imo.