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APARTHEID is in the VI

- Can The Governor “Amend” Section 97(1) of The V.I Constitution to Give the C.O.P more Power than himself and more Power than the Police Service Commission?
Jefferson J. Knight. Photo: Provided
By Jefferson J. Knight aka Knight Rider

ROAD TOWN, Tortola, VI- Gentlemen and Ladies of the British Overseas Territories of the Virgin Islands:

In a democratic society, as our Virgin Islands, every one is equal under the law, as defined in section 12 of the V.I Constitution, and every one is guaranteed the Fundamental Rights and Freedoms to express themselves, with their own opinion, as defined in section 23 of the V.I Constitution.

But my letter to the classes of persons to whom it is addressed, is not about my personal opinion, views or ideas: It’s about- The Constitution, and how it applies to citizens including members of our Police Force.

To: 1. The Legislature 2. The Queen’s Most Excellent Majesty in Council 3. (“The Privy Council”) 4. The Honorable Attorney General 5. His Excellency-The Governor 6. The Police Service Commission and 7. The (Acting) Commissioner of Police

From: Knight Rider

Date: November, 2012.

Subject: Can The Governor “Amend” Section 97(1) of The V.I Constitution to Give the C.O.P more Power than himself and more Power than the Police Service Commission?

Police Service Commission: The V.I Constitution.

Section 96(1) states “There shall be in and for the Virgin Islands a Police Service Commission”

Power to appoint, etc, to offices in the Police Force: The V.I Constitution.

Section 97(1) 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: The V.I Constitution.

Subsection(5) 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”.

Legislation Regarding  Commissions: Section 98 of the V.I Constitution.

Section 98; States “(1) The Legislature may by LAW make provision for-

(a)    the organization of the work of a Commission and the manner in which it performs its functions

(b)   consultation by a Commission with persons or authorities other than its members;

(c)    the protection and privileges of members of a Commission in respect of the performance of their functions and the privilege of communications to and from a Commission and its members in a case of legal proceedings;

(d)   the definition and trial of offences in relation to the functions of a Commission and the imposition of penalties for such offences; and

(e)    Conferring on a Commission other related functions, without prejudice to the functions conferred on such Commission by this Constitution”.

 Existing Laws: Section 115.

Section 115(1) states “Subject to this section, existing LAWS shall have effect on and after the appointed day as if they had been made in pursuance of or in consistency with this Constitution and shall be construed with such adaptation and MODIFICATIONS as may be NECESSARY to bring them into CONFORMITY with THIS CONSTITUTION

  • (2) The Legislature may by LAW make such AMENDMENTS to any existing LAW as appear to it to be NECESSARY or EXPEDIENT for bringing that LAW into Conformity with this Constitution or otherwise for giving EFFECT to this Constitution; and any existing LAW shall have effect accordingly from such day, not being earlier than the appointed day, as may be specified in the LAW-made by the LEGISLATURE”.

People of the Virgin Islands: A Constitution is the Supreme/Superior LAW of any Democratic Country. Open your eyes wider, and read the following:

The Police Service (Delegation of Powers) Regulations, 2012! Is it a LAW?

I Knight-Rider, a British Overseas Territories Citizen of the Virgin Islands, read in the official Gazette of the Virgin Islands, that His Excellency-The Governor, MADE a Police Service-(Delegation of Powers)-Regulations, which in my interpretation, gave, specifically and individually-Mr.David Morris-The ACTING Commissioner of Police, more Power than the (Governor) and more Power than the (Police Service Commission) as these Powers apply to appointments etc in the Police Force, pursuant to section 97(1) of our well-drafted Virgin Islands Constitution! These are the notes I read in the Gazette:

 “ Virgin Islands-Statutory Instrument 2012,NO.14-The Virgin Islands Constitution Order, 2007 (2007 No.1678)

The Police Service(Delegation of Powers)Regulations,2012- [Gazetted April 20, 2012]

The Governor, in exercise of the powers conferred by section 97(5) of the Virgin Islands Constitution Order, 2007(2007 No.1678) MAKES the following Regulations:

1. Citation and Commencement:

These Regulations may be cited as the Police Service (Delegation of Powers) Regulations, 2012 and shall come into force on 1st May 2012.

2.(1)Delegation of power to appoint and discipline/Cap.165:

The power vested in the Governor by section 97(1) of the Virgin Islands Constitution Order, 2007 (2007 No.1678) to make appointments to offices in the Police Service below the rank of Superintendent as defined in the Police Act...delegate to the Commissioner of Police.

2(2) The power vested in the Governor by section 97(1) of the Virgin Islands Constitution Order,2007(2007 No.1678) to exercise disciplinary control over persons holding or acting in offices below the rank of Superintendent is delegated to Gazetted Police Officers as defined in the Police Act and to Inspectors.

2. (3) Cap.165 In exercising the powers delegated under sub-regulation (1) or (2),the Commissioner of Police, a Gazetted Police Officer and an Inspector shall act in accordance with part IV of the Police Act.

3.Reservation of powers to dismiss:

The power to remove from office persons holding office in the Police Service is reserved to the Governor acting in accordance with the advice of the Police Service Commission in accordance with section 97 of the Virgin Islands Constitution Order,2007(2007 No.1678).

MADE by the Governor this 16th day of April, 2012” Signed and sealed-Governor.

CRITIC: Governor; your self-made Regulations make no provision for Police Officers to Appeal any decision by Mr. David Morris, which might aggrieve an officer: Should Police Officers appeal under section 39 of the Police Act? But section 39 of the Act is an existing LAW, [to be AMENDED] which does not make mention of the Police Service Commission!

Governor: “Where is the section for Appeal in your Regulations”? Are you implying that whatever the C.O.P does under this Regulation is final? No Appeal by officers!

My people of the Virgin Islands, take a deep breath, as I ask the Governor;

WHY NOW!

Is it a Coincidence? That the Governor found it appropriate, necessary and TIMELY, to MAKE a (Delegation of Powers) Regulations, [on 16th April,2012,] as soon as

Born-BV-Islander-C.O.P Reynell Frazer proceeds on pre-retirement leave?

C.O.P Frazer, a born Virgin Islander was Commissioner, in 2010, when this Governor His Excellency (Boyd McCleary) took office! The Constitution-Section 97(5) took effect on June 15, 2007! His Excellency-The Governor, David Pearey was the Governor and Reynell Frazer was the Commissioner! No Governor found it- appropriate, necessary, expedient and timely to MAKE a Delegation of Powers Regulations, to give BV-Islander-Reynell Frazer power, to appoint etc persons to offices in the Police Force, but as soon as Frazer leaves and Morris takes over; HERE COMES a regulation, (With immediate effect) just in time to boost up Mr.Morris! Oh-Oh..

Hello Governor: Hello; This is Calypso-Can you hear me?

Governor: You did not call on the Legislators to make a LAW for the Police Service Commission, as provided for in section 98(1)(,a b c d e) of the Constitution.

Governor: You did not call on the Legislators to AMEND the Police Act, an existing LAW, as provided for in section 115 of the Constitution:

Instead, you alone-MADE a Delegation of Power Regulation, which significantly took away the Powers of the Governor and the Powers of the Police Service Commission, and you Delegated these powers (Permanently and Indefinitely) to one Public Officer- a UK-Born “ACTING” Police Commissioner! So instead of  strengthening the Police Service Commission, by making a LAW for its members under section 98,of the Constitution; for them to operate more effectively, you instead, [“AMEND”] section 97(1) by keeping some powers and giving the rest to  Mr. David Morris: You Delegated 99% of POWER to Mr.David Morris and you and the Po.S.C  kept only 1%! Hello Governor, This is Calypso.

APARTHEID: My Oxford English Dictionary defines the word APARTHEID: A noun. Apartheid is defined as-

The official system of racial segregation”.

My dear people of the Virgin Islands: It is your Fundamental Rights and Freedoms under section 23 of the Constitution, to criticize Knight Rider, so go ahead, and criticize me: But I do not want anyone to support me either!

Don’t support me, support your Constitution and the Rule of LAW in the Virgin Islands, because if you don’t support your Constitution, I predict that the APATHEID system, will prevail.

Elected representatives of the House of Assembly: Where are you ALL? Hello politicians; are you there?

News Headline: “Police Promotion Policy will be reviewed but not replaced”-Top Cop.

I read on a news site where the “acting” C.O.P Mr. David Morris is informing the public of a “Police Promotion Policy “which is in effect for the Police Force” Promotion Policy!

Is that a LAW? The news quoted Morris as saying, “This” [promotion policy] “Is in line With the Police Regulations signed-off by the Governor after recommendation by the Police Service Commission”. Dear C.O.P Morris: Sir, His Excellency, the Governor, did “Not sign-off on any Police Regulation”: OK. The Governor MADE a “Delegation of

Power(Regulations) in which the Governor Delegated Powers to you only! So by virtue of  that Power given to you, you made your own Promotion Policy! But I have news for you Mr. Morris:  I,  J.J. Knight-retired police prosecutor formerly of Her Majesty’s Royal Virgin Islands Police Force, have identified at lease one recently appointed officer who, when Mr. Barry Webb was the C.O.P in 2003/2004, was the subject of both a criminal and internal investigation and it was declared that the said officer’s behavior had brought  the force into disrepute! That officer was facing a tribunal and possible Dismissal! The case is still open sir, but you promoted the “competent” officer?

Governor: Are you no longer Concern that the appointment of an officer to an office in the Police Force, would Prejudice Her Majesty’s Service, as provided for in a Clause in Section 97(1) of the Constitution?” This is what the Clause/Excerpt said-Section 97(1). It states “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”.

No more Undesirables:

Governor: I know blood is thicker than water [UK for UK] but my advice to you sir, “Quash this Delegation of Power Regulation-Let the Police Service Commission advice you-and you SHALL do the appointments in the Police Force, with the advice of the Po.S.C, as provided for in section 97 of the Constitution-The Supreme LAW of the Virgin Islands”.

Biblical scripture-Catholic Version: Ephesians Chapter 6 verse 12 “Our battle is not against human forces but against the rulers and authorities and their dark powers that govern the world. We are struggling against the spirits and supernatural forces of evil”.

Signed: Knight Rider-Help Save our Constitution.

23 Responses to “APARTHEID is in the VI”

  • right of the people (20/11/2012, 22:45) Like (0) Dislike (0) Reply
    I must say I agree with all of your article.
    • help help help (21/11/2012, 07:27) Like (0) Dislike (0) Reply
      When are we going to demand answers on these matters from the FCO?
      • dem say (21/11/2012, 09:42) Like (0) Dislike (0) Reply
        Come on Tortolians, you are a lot smarter than this to allow this to contiune do you remeber the march of the 1940s?
        • lion (21/11/2012, 10:14) Like (0) Dislike (0) Reply
          It's not like there's a conspiracy by the governor for the UK to find a way to take over the BVI!!!!!
          • police officer west end (21/11/2012, 15:14) Like (0) Dislike (0) Reply
            Somehow I can't see the logic behind this governor and the DG destroying families and young people careers over selfishness
    • fat head (21/11/2012, 09:56) Like (0) Dislike (0) Reply
      BVI TAKE TIME OUT AND REALLY THINK ABOUT IT...WHAT IS HAPPENING TO OUR COUNTRY FROM THE TOP

  • time to march for our rights (20/11/2012, 23:01) Like (0) Dislike (0) Reply

    So true. Boyd has no regard for good governance and the rule of law it’s time for us to march and have his backside recalled…

  • facts man (20/11/2012, 23:09) Like (0) Dislike (0) Reply
    This is happening all over the world. The end result: oppression, slavery, racism, discrimination, injustice, hunger, death and destruction…oh people falsely accused.
  • jesus is dey answer (21/11/2012, 07:55) Like (0) Dislike (0) Reply
    dey lawd say dat de last days men would call evil good. Let people put dey trust in Mr. McCleary because tis limacol & smelling salts when de mark buss.

    • BJ (21/11/2012, 18:17) Like (0) Dislike (0) Reply
      Whatever your politics are--this article by this former police officer has the right tone...shows humility. compassion, resolve, leadership, the truth and salient humanity......hope someone is reading to save our nation from a civil war....
  • Shara Parlin (21/11/2012, 10:04) Like (0) Dislike (0) Reply
    where are the NDP PAID BLOGGERS sycophants and fanatics? how are they not commenting to defend the people and police on this issue? a bunch of hypocrites hiding behind the computer screen and keyboard........whey dem?
  • time (21/11/2012, 12:49) Like (0) Dislike (0) Reply

    It's time to amend the Constitution.

    • need to go back on the next flight (21/11/2012, 23:42) Like (0) Dislike (0) Reply
      going forward I will take everything I hear from the governor with a pinch of salt......he has lost his standing in the BVI!
  • Extradition Treaty (21/11/2012, 13:28) Like (0) Dislike (0) Reply

    We need to send this information to the queen,and let her extradite all dem law breakers in high position and let dem be tried at the haig the international court for crimes against justice and equality in the bvi,but the struggle will continue as more people will see that this governor en't care about no law no constitution once he have his way and his uk boys ahright he kool with dat. fraser should come back from vacation before he retire fully;then you will see how quick dis regulation giving morris power would dissolve;now i understand what nelson mandella and dem boyz went thru under apartheid in south africa.i see de same thing here, oppression.

  • VIslander (21/11/2012, 15:01) Like (0) Dislike (0) Reply
    I like our Ag. Police Commission and I like our Governor.
    • @ VIslander (21/11/2012, 15:54) Like (0) Dislike (0) Reply
      This has to be the mother of all idiotic responses that I have ever seen on this forum.
  • the real issue (21/11/2012, 23:30) Like (0) Dislike (0) Reply
    Racism needs to be confronted, flat-out in the BVI
  • richard (22/11/2012, 01:28) Like (0) Dislike (0) Reply
    They both in it for more power! full stop!
  • legal team vs COP,AG,GV the[Crown] (22/11/2012, 06:41) Like (0) Dislike (0) Reply
    Court House- at VINO in the BVI:Judge and Jury=BVI Public:Defense [Legal team] We are challenging-The Delegation of Power(Regulations)2012and we are say-IT is NOT A LAW in the BVI. Vino;your court-house of open democracy,is the court house of the century.The legal team wish to make a "No-Case-To-Answer submission.We are saying to the Attorney General of the BVI, that the "Police Service[Delegation of Powers]Regulation,2012 made by the Governor on 16th April 2012,and published in the official Public-Gazette on 20th April 2012,is [Not a Law in the BVI] AG,tell the BVI people that this document is "Not a Law"under our CONSTITUTION.Power to make law:How Laws are made in the BVI,under our Constitution? Section 71 of the constitution advise us on who can make a law in the BVI.Section 78 of the Constitution advise us on how a law is made in the BVI. Section 79 of the Constitution advise us on who can assent to a bill[in Her Majesty's name and on Her Majesty's behalf] only after a BILL had been passed by the House of Assembly.When the Governor assent to that Bill on behalf of Her Majesty;The said Bill becomes a LAW! Now,this Police Service[Delegation of Power]Regulation, Made by the Governor,on 16th April,2012;which he called [Statutory instrument 2012,no.14] is not a law;because it was never brought before the House of Assembly as a BILL.Therefore,the Governor,has no Authority,to give the COP power,to operate under the OLD-POLICE ACT,by virtue of this Delegation of Power-REGULATION,which is "Not a Law"! So anything the COP did under that Regulation,including the setting-up of a Promotion Board in the Police Force; is "UNLAWFUL" [ Null & Void] and of NO LEGAL EFFECT! The Legal Team is Challenging the Hon.Attorney General of the BVI; to answer to this No-Case Submission, in VINO Public-Court.We say in the VINO Court,that the Delegation of Power Regulation,is Not a Law in the BVI. A.G," what is it then?" ANSWER!
    • TO: legal team vs COP,AG,GV the[Crown] (22/11/2012, 12:38) Like (0) Dislike (0) Reply
      How come your BLOG is longer than the article? However, the SENSIBLE CONTENT is MUCH SHORTER.
  • manabouttown (22/11/2012, 13:23) Like (0) Dislike (0) Reply

    A SPEECH FROM THE THRONE: My beautiful people of the Virgin Islands I bring you greetings on such a momentous day, when two brave men of our constabulary has risen to the occasion and challenge the legality of their constitutional rights . I have read the facts in this matter and now I am going to apply the law.
    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.
    CITATION, COMMENCEMENT AND ESTABLISHMENT OF CONSTITUTION
    Article 1. –(1) This Order may be cited as the Virgin Islands Constitution Order 2007.
    (2) This Order shall come into force on the day on which the Legislative Council of the Virgin Islands is dissolved next following the day on which this Order is made, which day is in this Order referred to as “the appointed day”.
    (3) On the appointed day the following provisions of this Order shall have effect as the Constitution of the Virgin Islands; but until the day after the pooling in the general election in the Virgin Islands after the appointed day-
    (a) the office of the premier shall continue to be called Chief Minister;
    (b) the Cabinet shall continue to be called the Executive Council; and
    (c ) no person shall be appointed to the officer of Cabinet Secretary.
    This section of law is clear, they had complied with this, hence what is hard in doing the same in section 96,97 and other statutory provisions. We say that they are in breached.

    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.
    His Excellency made the Delegation of Powers Regulation 2012 takes away the power from the Police Service Commission, which was given or guaranteed to them under the Constitution. See Section 96 and 97 of the Virgin Islands Constitution Order 2007. Having done so, you are sending a policy to them for approval. Someone needs to be impeached.
    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 The Queen’s Most Excellent Majesty in Council 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. 



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