CoP David Morris in Contempt of Court! Injunction filed!
![As it stands, there is a pending case before the Eastern Caribbean Supreme Court (High Court of Justice-VI) where Police Inspector Leonard Fahie, now deceased and Sergeant Hendrickson Williams-as Complainants, had filed a case in the Eastern Caribbean Supreme Court, against Defendants CoP David Morris and the Attorney General, and in that previous case, the Complainants [Fahie and Williams] with their appointed Attorney-at-Law, QC, had challenged the validity of the Police Service (Delegation of Powers) Regulations, 2012 made by then Governor William Boyd McCleary. Photo: Provided](https://www.virginislandsnewsonline.com/cache/images/800x_8_800x_f_fahie_04.jpg)
Senior Sergeant in the RVIPF Mr Hendrickson Williams, who is also the Chairman of the Police Welfare Association (PWA) has filed an injunction in the Eastern Caribbean Supreme Court, Virgin Islands, against two Defendants - Commissioner of Police David Morris and Attorney General Malcolm, who is also the Principal Legal Adviser to the Government of the Virgin Islands, as declared in section 58 (2) of the Virgin Islands Constitution.
According to our informed and reliable sources in the National Democratic Party (NDP) Government and another that is very close the matter, this new development further puts the CoP deeper in the history records of the VI as the most challenged CoP by his own Police Officers of varied ranks.
What led to the Injunction!
Prior to the filing of this new case against David Morris and the A.G, the Chairman of the PWA had, in November 2014, received an administrative letter from the CoP informing that fresh promotion processes was soon to take place within the RVIPF, which will commence soon.
As it stands, there is a pending case before the Eastern Caribbean Supreme Court (High Court of Justice-BVI) where Police Inspector Leonard Fahie, now deceased and Sergeant Hendrickson Williams - as Complainants, had filed a case in the Eastern Caribbean Supreme Court, against Defendants CoP David Morris and the Attorney General, and in that previous case, the Complainants [Fahie and Williams] with their appointed Attorney-at-Law, QC, had challenged the validity of the Police Service (Delegation of Powers) Regulations, 2012 made by Governor William Boyd McCleary.
In that Regulation, dated 15th April, 2012, the Governor William Boyd McCleary had taken away his own Constitutional Powers and the Powers of the Police Service Commission, under section 97 of the Virgin Islands Constitution Order, 2007, and had given these powers to the Commissioner of Police David Morris.
In section 2 of that alleged unconstitutional - (Delegation of Powers) Regulation, 2012; which was gazetted on 20th April, 2012, then Governor McCleary wrote:-
“The Powers vested in the Governor by section 97 (1) of the Virgin Islands Constitution Order, (2007 No.1678) to make appointments to offices in the Police Service below the rank of Superintendent as defined in the Police Act is, subject to regulation 3, DELEGATED to the Commissioner of Police.”
What this Delegation meant is that the powers of the Police Service Commission (PSC), guaranteed by section 97 (1) of the Virgin Islands Constitution, and also the powers of the Governor, under the same section 97 (1) is taken away from the PSC and given to one-man; CoP David Morris.
Fahie and Williams recognized that the Governor did not have constitutional authority to take away the powers of the Police Service Commission, declared by Her Majesty The Queen and for the Governor to then give that power to the Commissioner of Police.
This had led Fahie and Williams to file a Constitutional motion of Declaration, in the Eastern Caribbean Supreme Court. The case went to court since 2012, but no decision has been given.
The Injunction
Williams, in his letter to the Commissioner, advised him that the Promotion Policy made by the CoP, and adopted as practice within the force, is in Contravention and in Violation of section 97 (1) of the Virgin Islands Constitution, and that the promotion processes instituted by Davis Morris within the force be halted immediately, until the pending court decision of [Fahie/Williams vs CoP/AG] is revealed.
In his signed documents, Sergeant Hendrickson Williams disclosed that the case of Leonard Fahie/Hendrickson Williams versus David Morris and the AG is still pending before the court and a decision by the adjudicating Judge has not been given.
Therefore, for the CoP to proceed with promotion processes in the RVIPF, while the case is pending, can be considered as “Contempt of Court” Sergeant Williams expressed in his submitted documents.
On November 25, 2014, with the assistance of his appointed Attorney-At-Law, Queen’s Counsel, Sergeant Hendrickson Williams filed a motion of Injunction in the Eastern Caribbean Supreme Court, against the Promotion Process in the RVIPF, naming David Morris and the Attorney General as “Defendants.”
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31 Responses to “CoP David Morris in Contempt of Court! Injunction filed!”
If I were Mr. Morris, I would pick up and leave because I am a "persona non grata". But something must be keeping him here. My guess would be as good as yours: fat hefty salary to a retiree. And the perks that go with it. Maybe, he has nowhere to go!!!
Imagine you apply for a position since September up to now no word not an acknowledgement of the application much less to come in for interviews. All kinds of word out man that now join with no experience running shift and getting promotion. Where you hear that? Prison is not about paper its about experience. D pardner and woman bringing news thats why
It makes no sense
School teacher I totally agree with you. There are persons who did the last exam that pass high, got promoted and don't even know their a.. from their elbow when come to doing the job. It is a total embarrassment to promotion in the force and a slap in the face of the administration of the force