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Court rules to allow another judicial review against CoP by Nicholas Tranquille

Officer Nicholas Tranquille (2nd left) and his lawyer Mr Ruggles Ferguson (left) engaging representatives of the Crown Giselle Jackman-Lumy and Ms M. Cupid following the Eastern Caribbean Supreme Court of Appeal's decision yesterday, October 2, 2015. Photo: VINO
The former Commissioner of Police David Morris is accused of denying Mr Nicholas Tranquille promotion to the rank of sergeant despite a previous court ruling that ordered Mr Morris to reconsider his decision to not promote Mr Tranquille without him writing an examination. Photo: VINO/File
The former Commissioner of Police David Morris is accused of denying Mr Nicholas Tranquille promotion to the rank of sergeant despite a previous court ruling that ordered Mr Morris to reconsider his decision to not promote Mr Tranquille without him writing an examination. Photo: VINO/File
ROAD TOWN, Tortola, VI - Police Officer Nicholas Tranquille has been granted leave by the Eastern Caribbean Supreme Court of Appeal to file judicial review proceedings against a decision by the former Commissioner of Police David Morris to deny him promotion to the rank of sergeant.

A previous decision by Judge Vicki Ann Ellis to strike down Mr Tranquille’s application was reversed yesterday, October 2, 2015 and Tranquille has now been given two weeks ‎to file judicial review proceedings against the decision by Mr Morris who has since vacated the position and has left the territory.

The former Commissioner of Police, Morris, was accused of denying Mr Tranquille promotion to the rank of sergeant despite a previous court ruling that ordered Mr Morris to reconsider his decision to not promote Mr Tranquille without him writing an examination.

However, when Mr Tranquille moved to the High Court for leave for another judicial review his application was denied by Justice Vicki Ann Ellis.

Mr Tranquille then successfully moved to the Eastern Caribbean Supreme Court of Appeal to have the decision reversed.

"Essentially what Tranquille was asking for is the examination be waived ‎because when the last examination was held he was out of the country on state duties, not on his personal matters but on state duties," his attorney Mr Ruggles Ferguson stated.

Tranquille’s response to the outcome of yesterday's decision at the Court of Appeal was one of many thanks to the justice system while noting his success in the process thus far is one that can be seen as a victory for not only him.

‎"It's a victory for not only Tranquille, it's not all about Tranquille, it's about a principle involved here and it's a victory for every one of us that sometimes finds ourselves  at the end of the injustice of any given system," Ferguson said.

17 Responses to “Court rules to allow another judicial review against CoP by Nicholas Tranquille”

  • dog (03/10/2015, 09:53) Like (2) Dislike (3) Reply
    the governor and police commissioners have to regards for law and order and the rights of the people
    • smdh (03/10/2015, 20:14) Like (15) Dislike (7) Reply
      When the examination was held he was out of the territory on official duties and he had no other opportunity to take this exam???? None at all. Really?? Why are all these so called deserving police officers running scared of an exam. Take the exam, if you don't succeed you are wiser and will have another chance to take it again.

      Instead of trying to better himself he hires a lawyer and tries to get around having to sit the exam. He should not be promoted. He should be relieved from his job!
    • law student (05/10/2015, 07:31) Like (1) Dislike (3) Reply
      “There are many occasions where policy makers – politicians and public servants – have instituted rules and regulations that, if our citizens and residents understood their human rights, those policies could not stand up in any court of law.” Quoted by a serving minister of government and attorney-at-law in a recent news item. How interesting it is to note that some of us can sit at our computers and spew hate in the face of justice. "The man,” "this man” as some have chosen to describe Police Officer Tranquille. Officer Tranquille did nothing wrong other than stood up for what he believed in the face of injustice and never gave up. Towards the end of it all, Officer Tranquille stands in victory for each of us like his lawyer said. A victory for all of us, who are totally unaware of all of the facts. "Very often in our community today, even among our most popular social commentators we hear people opined on important matters affecting the country without adequately [getting] the facts." The government minister and attorney-at-law in another news item stated." I too concur and extend my voice in saying, ‘get the facts and I mean all of the facts.” Because the more we hate, it is the more hate we will get in return clothed in situations, circumstances and the people we meet in our lifetime. Proverbs 3:27, inspired it best for us, "Do not withhold good from those of whom it is due when it is your Power to do it”. The meaning here is crystal once we all truly understands our real purpose in this life. There is one Principle here, and that is “Love” followed by gratitude. The appellate court interpreted this Principle quite correctly, and so a decision of love was render in all of our favor in the person of Officer Tranquille. Thank you for reading.
  • Well said (03/10/2015, 10:21) Like (1) Dislike (7) Reply
    I hope this time the COP whoever he is will do the right thing and allow the waiver it is the correct thing to do at this stage. That is the function of the administration of justice for Christ sake.
  • tretretrete (03/10/2015, 13:24) Like (1) Dislike (7) Reply
    Senior management in the police department is childish, petty, personal and vindictive. That's the reason Mr Morris, with advice from his deputy did not follow a court order. Well the real court now indicates to them who has power.
  • Music (03/10/2015, 14:56) Like (15) Dislike (1) Reply
    Unbelievable! Doesnt this man ever give up? Has he got limitless funds? Has he got friends in high places? What sort of a relationship will he have with other police? If he gets to sergeant he will be supervising other coppers and will find out how hard it is.
    • Observer (04/10/2015, 14:43) Like (4) Dislike (1) Reply
      The guy power hungry. Most of them feel they are so educated but in reality they stupid for police officer's
  • Hmm (03/10/2015, 15:13) Like (14) Dislike (0) Reply
    why this man aint want to do the test
  • onlooker2 (03/10/2015, 17:08) Like (6) Dislike (0) Reply
    I don't care..These set of people coming here to the BVI..want position... ..They know any thing about the bVI..We will deal with him and others like all of u who never live here in the70's come up
  • well sa (03/10/2015, 19:41) Like (11) Dislike (1) Reply
    THIS MAN NEEDS TO GO BACK TO HIS COUNTRY. AS A RESIDENT OF THIS COUNTRY, I AM ASHAMED OF THIS DAMN MAN. HE KNOWS THAT HE WILL FAIL THE DAMN EXAMINATION POINT BLANK.
  • Real Deal (03/10/2015, 20:35) Like (9) Dislike (0) Reply
    Why don't this guy go sit the exam and earn the right to promotion. Who say if he sit the exam he would have passed. Enough is enough. Go sit the exam **and stop looking a free ride. You do not have the right to promotion. Go earn it. Are you saying there was no exams since?
  • Kim (04/10/2015, 05:05) Like (4) Dislike (13) Reply
    This man has a name I m from here I had the opportunity to know him in Vg he is loving kind n intelligent a good cop never give up it was injustice what morris did to him he had just bring his family from home when morris send him away to train other officers for over 2 year. Come on let the man b
  • tough times (04/10/2015, 06:46) Like (7) Dislike (1) Reply
    Sit the exam man on your own in a controlled environment. There is no respect in leading a team if one can not prove you have the knowledge to do so. Poor excuse, out of the Territory.
  • Boo (04/10/2015, 11:09) Like (5) Dislike (0) Reply
    All this time money and effort could have been spent studying and passing the damn exam
  • oh cut it out (04/10/2015, 15:53) Like (1) Dislike (4) Reply
    Obviously all those here bashing the man cant read, does not read and has not been following this story. If the highest legal authority of the land agrees with him over and over well I don't think that his issue is lame or he is seeking to dodge an exam, there is a principle here.
  • GT (05/10/2015, 07:11) Like (0) Dislike (0) Reply
    He just want a free ride. He only has 24 months leftin the force. Please give him something


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