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Constable challenging CoP for not promoting him to Sergeant

- CoP Matthews said litigation already in progress @ Civil Court
Constable Nicholas Tranquille (Right) of the Royal Virgin Islands Police Force (RVIPF) is now suing the force and by extension, Commissioner of Police, Mr Michael B. Matthews (Left) in his capacity as head of the RVIPF for failure to promote him to a higher rank. Photo: VINO/File
Back in May 2015, and via a notice of application for leave to apply for judicial review, Police Constable Nicholas Tranquille (Right) had challenged then Commissioner of Police (CoP) David Morris (Left) for allegedly failing to honour a judgement of the High Court of the Virgin Islands which had ruled in the favour of Tranquille. Photo: VINO/File
Back in May 2015, and via a notice of application for leave to apply for judicial review, Police Constable Nicholas Tranquille (Right) had challenged then Commissioner of Police (CoP) David Morris (Left) for allegedly failing to honour a judgement of the High Court of the Virgin Islands which had ruled in the favour of Tranquille. Photo: VINO/File
ROAD TOWN, Tortola, VI - A constable, Mr Nicholas Tranquille, of the Royal Virgin Islands Police Force (RVIPF) is now suing the force, and by extension Commissioner of Police Mr Michael B. Matthews in his capacity as head of the RVIPF, for failure to promote him to a higher rank.

"I can confirm we have received notice that a Constable has commenced litigation over his perceived failure by the Organisation to promote him to the rank of Sergeant," CoP Matthews told Virgin Islands News Online (VINO).

It is understood that BVI Law Firm, Sabal's Law based on Waterfront Drive, Road Town, Tortola is representing the Constable; however, while the firm confirmed that its lawyers are on the case, they declined to provide detailed information regarding the litigation.

"I can’t really give you any more details as the matter is pending at the civil court," Cop Matthews also said when grilled about the details of the case.

It should be noted that this is not the first time Mr Tranquille has taken legal action against officials at the RVIPF over issues relating to a promotion.

2104/2015 Litigation  

Back in May 2015 and via a notice of application for leave to apply for judicial review, Police Constable Nicholas Tranquille had challenged then Commissioner of Police (CoP) David Morris for allegedly failing to honour a judgement of the High Court of the Virgin Islands which had ruled in favour of Tranquille.

According to the application, Tranquille was seeking to contest the Respondent/CoP who allegedly refused to exercise his power under Force Standing Order M 7 (4) to waive the requirement that the Applicant pass the examination for promotion to the rank of Sergeant thereby making him eligible for promotion.

Justice Nicole P. Byer on November 11, 2014, ruled in favour of Mr Tranquille who had taken the Commissioner of Police (CoP) Mr David Morris to court for not promoting him.

The judgment had stated that Mr Tranquille was assigned to serve in the Regional Police Training Centre in Barbados for two years, starting in July 2011, and he was also appointed to acting sergeant by the Royal Virgin Islands Police Force.

During that time, it was announced that the RVIPF would be promoting qualified officers, but Mr Tranquille couldn’t complete the application process because he was located in Barbados, according to the judgment.

When Mr Tranquille returned to the VI in October 2013, he was informed that he would be reverted to the rank of constable.

20 Responses to “Constable challenging CoP for not promoting him to Sergeant”

  • GG (18/02/2020, 19:19) Like (10) Dislike (15) Reply
    Not because a few days ago it worked in Trinidad means it’s going to work in the BVI ,everybody fighting for power my goodness those on top don’t have the authority anymore we just sue for authority ad we please wow
    • the rock (18/02/2020, 22:56) Like (18) Dislike (10) Reply
      Tje man fighting for his rights!
    • No (19/02/2020, 10:37) Like (14) Dislike (22) Reply
      Y dont he go and seek position in his own country
      • Annoyed (19/02/2020, 14:07) Like (9) Dislike (2) Reply
        Here we go again... our racist and prejudice comment against the very people that protect us. If you know the quality of work you present to your employer over a period of years, you would want to know you excel and climb the ladder, even if you aint born in that country. Why is it he cant fight for his rights to be promoted when everybody knows he is doing a great job and he knows it himself.. Its only a lackadaisical person with no intention of growth will want to sit back and do nothing.

        How can we please our people? he doesn't have to be from here. The point is he's here working and protecting our land. Why should he not fight for his rights? because he aint from here? When will my BVI people learn to love and accept our expatriates? God help us

        by the way... where your mother/father/grandfather/grand mother from? :(
  • RVIPF Time to Act honourably (18/02/2020, 19:59) Like (20) Dislike (5) Reply
    Is it that the RVIPF (CoP past and present) assume that promotion of Officer Tranquille to Sargeant outweighs the invisible costs of the RVIPF's name and reputation, being under scrutiny for such a matter, which should have been resolved years ago. It is time that the Officer be treated with the dignity that competent Officers ought to be accorded.
  • How unfair? (18/02/2020, 20:36) Like (8) Dislike (1) Reply
    CoP Matthews, are there officers now in the rank of sergeant who never sat in the police promotion exams and others who fail the last promotion exams now in the sergeant rank?
  • west end police (18/02/2020, 20:39) Like (22) Dislike (21) Reply
    We with you fight for your rights officer
  • jah (18/02/2020, 21:16) Like (8) Dislike (6) Reply
    Officer I have a suggestion, just go out o. The road start giving tickets like rain and you will see how fast you get promoted. Do like the the butched auxiliary in traffic.
  • S willisms (19/02/2020, 02:08) Like (3) Dislike (2) Reply
    It's the same situation at the H.M.P prison.they are up there fighting down each other for positions.the ones who they promoted in the intelligence are very dumb,this prison head has to go home where he from.
  • Socrates (19/02/2020, 05:47) Like (7) Dislike (0) Reply
    1. What are the objective and subjective criteria for getting promoted in the RVIPF
    2. Is promotion base solely on attaining at least the minimum score on written exam
    3. Are performance evaluations or performance appraisals over time a factor
    4. Is grooming, appearance and physical fitness a factor
    5. Are the number of arrests or number of citations a factor
    6. Is longevity a factor
    7. Is community relationship, community policing a factor
    8. Are demonstrated performance for assuming positions of increasing responsibilities a factor
    9. Is interpersonal relationship a factor
    10. Is being a goodwill ambassador a factor
    11. Is being a team player a factor
    12. Is pride and professionalism a factor
    13. Is “brown nosing” a key factor
  • Feeling N Sad. (19/02/2020, 09:53) Like (5) Dislike (3) Reply
    Been powerful and At the top doesn't give one the rights to victimize and oppressed those they don't like or those who they can't push around. This constable been Oppressed... Willfully oppressed. Kept down. He knows the Job. He did the Job. He is qualified. Lord man. Any way he is using is rightfully legal options to seek remedy to his concerns. Kudos to the constable for his courage and knowledge...
  • Vanterpool (19/02/2020, 10:26) Like (5) Dislike (7) Reply
    Cop time is up he is a good guy but we need a local in that post
    • Local police? (19/02/2020, 13:46) Like (7) Dislike (3) Reply
      Local police to be hired by the drug dealers? No thank let’s keep the white boy around a bit longer!! Our police to Soft and easy to hire!!
  • me again (19/02/2020, 12:57) Like (1) Dislike (0) Reply
    Why local?
    When they learn to give their own wrong, let me know. Seriously.
  • History (19/02/2020, 13:16) Like (1) Dislike (0) Reply
    Consistency is needed in all levels or else much more of these types of actions will be forth coming. There is another one being challenged but they remain tight lipped but it will be revealed
  • eyes (19/02/2020, 14:17) Like (0) Dislike (0) Reply
    A so him want position. KMT
  • The Reaper (19/02/2020, 17:43) Like (8) Dislike (4) Reply
    Go join your force in your country U spend EC. BvI spend Us,with your nonsense. with this back and forth for position..If u had say home and protect and serve .Your country...U would hmmmmm be Commissioner
  • CONCERNS (19/02/2020, 19:18) Like (1) Dislike (0) Reply
    Fight for your rights and what u deserves. To much bias going on in the RVIPF. Them at the top stinks.
  • Outsider (19/02/2020, 19:20) Like (0) Dislike (3) Reply
    The local for that post in by the side of the road daily, smoking or high most times and of no functioning use


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